HomeMy WebLinkAboutCC August 5, 1997
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CITY of ANDOVER
1685 CROSSTOWN BOULEVARD NW. . ANDOVER, MINNESOTA 55304 . (612) 755-5100
Regular City Council Meeting - August 5, 1997 agenda
Call to Order - 7:00 PM
Resident Forum
Agenda Approval
Consent Agenda
Approval of Minutes
Bookmark
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minutes
Discussion Items
1. Presbyterian Homes/Adolfson & PetersonlFinancing Discussion
2. Discuss Stop SignsNukon Street NW & 140th Avenue NW
3. Approve Final Plat/Hamilton Square
4. Approve Plans & Specs/97-8/Chesterton Commons .
5. Approve Plans & Specs/97-9/Chesterton CommonslHamilton Square/
Trunk SS & WM Extension
6. Timber River Estates Park Discussion
7. Zoning Ordinance Revision Process Discussion
8. DNR Response to Slow-No Wake Ordinance
9. Discuss Platting Ordinance No. iO/Utility Easements & Extensions
iO. Draft 1998 NMMA Workplan
presbyterian
stopsign
fphamsq
appr978
appr979
timber
zoning
dnr
platting
nmma
EDA Meeting
Ii. Authorize Execution & Delivery of Ground Lease
12. Award Sale/Public Works Building
13. Discuss Lot Sale/Commercial Park
ground
sale
lotsale
Non-Discussion/Consent Items
i4. Approve Kennel License Renewal!i654i Valley Dr.
IS. Acknowledge Probationary PeriodlB. Wells
16. Authorize Execution & Delivery of Ground Lease/Public Works Building
i7. Lot Split/Variance/14572 Dakota Street NW/Schromoff
18. Variance/3467 - 142nd Lane NW/WilIiams
19. Accept Withdrawal/Special Use Permit Applications/Junker/Cardinal
20. Approve HiringlPublic Works Employee
21. Release Letter ofCreditIFox Woods/94-9
22. Approve Change Order # i/Extension ofTime/96-26/S Y, of SW Y. of Section 22
(Woodland Estates)ffrunk Sewer & Water
23. Approve Change Order #I/Provide Additional Stump & Debris Removal!
Commercial Boulevard NW Ext./94-33C
24. Approve Change Order #2/Extension ofTime/96-30/Cherrywood Estates
25. Approve Purchase of Lot 14, Block iO, Woodland Estates/97-12/Well #7
26. Approve Resolution/Accept Streets & Storm SewerIMeadowlark Heights
27. Award Bid/95-12/Well #6
28. Approve Purchase of Survey Level
29. Accept EasementIBiIl's Superette (Hanson Blvd)
30. Order Plans & Specs/97-27Sunshine Park Bituminous Bikeway Trail
31. Approve Plans & Specs/97-27/Sunshine Park Bituminous Bikeway Trail
kennel
wells
delivery
schromoff
williams
sup
hiring
release
co19626
co19433c
co29630
appr9712
acptmead
bid9512
level
bill's
ord9727
appr9727
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Regular City Council Meeting - August 5, 1997
32. Authorize Metropolitan Council Planning Assistance Grant
33. Adopt Ordinance 227/Regulating the Sale of Tobacco Products
34. Approve Ordinance 232/Regulatng Outdoor Parties
35. Adopt Ordinance 235/Intoxicating Liquor
36. Approve Plans & Specs/97-25Narious Park Fencing
37. Approve Final Plat/Indian Meadows 5th Addition
38. Approve Quotes/97-23/Pavement Markings
39. Approve Ordinance/Street Name Change/Hunter's Hollow
40. Approve Resolution/Grant Agreement with State/Contaminated Soil-Auto Salvage Yards
41. Approve Quote/Groundwater Investigation/94-33/Commercial Blvd. NW Ext.
Mayor/Council Input
Payment of Claims
Adjournment
grant
tobacco
outdoor
liquor
appr9725
fpinmdw5
appr9723
apprchng
state
appr9433
CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
DATE: AUlnlst 5. 1997
AGENDA SECTION
Approval of Minutes
ORIGINATING DEPARTMENT
City Clerk
do.
ITEM NO.
Approval of Minutes
The City Council is requested to approve the following minutes:
July 9, 1997
July 1 5, 1997
Special Meeting'
Regular Meeting
July 16, 1997
Special Meeting (Dehn, Kunza absent)
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CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
DATE:
August 5. 1997
AGENDA SECTION
ORIGINATING DEPARTMENT
Discussion Item
Administration
Richard Fursman and
Dave Carlberg
ITEM NO.
\ . Presbyterian Homes/ Adolfson & Peterson/Financing Discussion
The City Council is requested to consider several types of assistance for the Presbyterian Homes project in
Andover. The four types of assistance requested include:
Revenue Bonds
TIF
Park Fees
SAC/W AC Fees: Credit for previously paid
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In connection with the above-referenced matter, please find attached each of the following documents:
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1. Staff report on Revenue Bonds request;
2. Resolution calling for public hearing on revenue bonds, for adoption;
3. Staff report on Tax Increment Financing request;
4. Resolution calling for public hearing on Tax Increment Financing, for adoption;
5. Staff report on Waiving Park Dedication Fees with relevant ordinance provisions;
6. Staff report on Credit against scheduled SAC/W AC Fees;
7. Housing Program/Public Hearing Process outline as directed to Presbyterian Homes;
8. Letter from Daniel Lindh, of Presbyterian Homes, requesting assistance from the City.
1. Revenue Bonds: Seeking approval to use 501(c)3 revenue bonds.
Q: What is a revenue bond?
A: This is a type of Municipal Revenue Bond issued to finance FIXED ASSETS (In this case, the senior building)
and paid by the holder of the building.
Q: How common is this practice?
A: The use of revenue bonds for the development of property is done all the time. Most Cities have used this type
of instrument from time to time.
Q: Does the City have any exposure for the outstanding debt?
A: No. None. Never.
Q: Does the City have any administrative expenses?
A: Yes. The project will have to be accounted for in the yearly audit, and there will be staff time involved in
setting up the bond. A charge of one-half of one percent will be recommended on the bond to cover present and
future costs of administrating the bond.
Council Action: If it is the intention ofthe council to approve the use of revenue bonds, the following
resolution calling for a public hearing is needed:
Resolution Calling For A Public Hearing On A Proposal For A
Housing Finance Program And The Issuance Of Revenue Bonds To
Finance An Elderly Housing Development (Presbyterian Homes Of
Andover Project) Pursuant To Minnesota Law, And Authorizing The
Publication Of A Notice Of The Hearing
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CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RESOLUTION NO.
RESOLUTION CALLING FOR A PUBLIC HEARING ON A PROPOSAL FOR A
HOUSING FINANCE PROGRAM AND THE ISSUANCE OF REVENUE BONDS
TO FINANCE AN ELDERL Y HOUSING DEVELOPMENT (PRESBYTERIAN
HOMES OF ANDOVER PROJECT) PURSUANT TO MINNESOTA LAW, AND
AUTHORIZING THE PUBLICATION OF A NOTICE OF THE HEARING
(A) WHEREAS, Minnesota Statutes, Chapter 462C (the "Act"), confers upon
cities, the poser to issue revenue bonds to finance multifamily housing developments
within the boundaries of the city; and
(b) WHEREAS, the City Council of the City of Andover, Minnesota (the
"City"), has received from Presbyterian Homes of Andover, Inc. (the "Developer"), a
proposal that the City undertake a program to assist in financing a Project hereinafter
described, through the issuance of revenue bonds or obligations (in one or more series)
(the "Bonds") pursuant to the Act; and
(c) WHEREAS, before proceeding with consideration of the request of the
Developer it is necessary for the City to hold a public hearing on the housing finance
program and proposal pursuant to the Act:
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Andover, Minnesota, as follows:
1. A public hearing on the housing finance program and proposal of the
Developer will be held at the time and place set forth in the Notice of Public Hearing
Hereto attached.
2. The housing finance program and general nature of the proposal and an
estimate of the principal amount of Bonds to be issued to finance the proposal are
described in the attached form of Notice of Public Hearing.
3. A draft copy of the housing finance program with proposed forms of all
attachments and exhibits is on file in the office of the Clerk.
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4. The Clerk is hereby authorized and directed to cause notice of the hearing to be
given one publication in the official newspaper of the City and also in a newspaper of
general circulation available in the City, not less than 15 days nor more than 30 days prior
to the date fixed for the hearing, substantially in the form of the attached Notice of Public
Hearing.
Adopted by the City Council of the City of Andover, Minnesota, this 5th day of
August, 1997.
J. E. McKelvey, Mayor
ATTEST:
Victoria Volk, City Clerk
2: Tax Increment Financing (TIF): Pay-as-you-go. 15 years.
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Q: What is "Pay-as-you-go?"
A: In this case, there are no bonds soldfor the TIF portion of the project, instead, all property taxes generated
from the new building are refunded to the property owner.
Q: Would this require a new district?
A: Yes. It would be a housing district, provided the project would qualify under state law.
Q: What is the public benefit?
A: According to Presbyterian Homes, the TIF savings would be passed on to residents in the form of lower rents
of between $75 and $125 per unit.
Council Action: !fit is the intention of the council to approve the use of Tax Increment Financing, the
following resolution calling for a public hearing is needed:
Resolution Calling For A Public Hearing On The Proposed Adoption
Of The Modification To The Development Program For Development
District No.1, And The Proposed Establishment of Tax Increment
Financing District No. 1-3 Therein And The Proposed Adoption Of A
Tax Increment Financing Plan Therefor
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CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RESOLUTION NO.
RESOLUTION CALLING PUBLIC HEARING ON THE PROPOSED
ADOPTION OF THE MODIFICATION TO THE DEVELOPMENT PROGRAM FOR
DEVELOPMENT DISTRICT NO. 1, AND THE
PROPOSED ESTABLISHMENT OF TAX INCREMENT FINANCING
DISTRICT NO. 1-3 THEREIN AND THE PROPOSED
ADOPTION OF A TAX INCREMENT
FINANCING PLAN THEREFOR
BE IT RESOLVED by the City Council (the "Council" of the City of Andover,
Minnesota (the "City"), as follows:
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1. Public Hearing. This Council shall meet on Tuesday, October 7,1997, at
approximately 7:00 p.m., to hold a public hearing on the following matters: (a) the
proposed adoption of the Modification to the Development Program for Development
District No.1, (b) the proposed establishment of Tax Increment Financing District No. 1-
3 therein, and (c) the proposed adoption ofa Tax Increment Financing Plan therefor, all
pursuant to and in accordance with Minnesota Statutes, Sections 469.124 through
469.134, both inclusive, as amended and Minnesota Statutes, Sections 469.174 through
469.179, both inclusive, as amended (collectively, the "Act").
2. Notice of Hearing: Filing of Program and Plan. The City Clerk is hereby
authorized to cause a notice of the hearing, substantially in the form attached hereto as
Exhibit A, to be published as required by the Act and to place a copy of the proposed
Modification to the Development Program, and Tax Increment Financing Plan on file in
the Clerk's Office at City Hall and to make such copies available for inspection by the
public.
Adopted by the City Council of the City of Andover, Minnesota, this 5th Day of
August, 1997.
J. E. McKelvey, Mayor
ATTEST:
Victoria V olk, City Clerk
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Waiving of Park Dedication Fees
Presbyterian Homes is proposing the City waive park dedication fees in return for the following:
1. Preserving the "Red or Round Barn" for community use.
2. Providing and maintaining recreational pathways for use by the neighbors.
Staff in researching this has found that Ordinance No. 112, An Ordinance Regulating Planned
Unit Developments, provides that development under the PUD concept (as proposed) shall be
the same as platting a property as specified in Ordinance No. 10, the Platting and Subdividing
Ordinance. Therefore, based on this provision, park dedication fees would be required with the
platting of the property. Park dedication in this case would be 10% gross land area and an
additional 2% for each unit over three units per gross density (units per acre). The project
proposes over 14 units per acre. This translates into a 32-34% park dedication requirement.
Attached is Section 9.07, Park Dedication for Council review.
Please note Section 9.07.8, Credit for Private Open Space. Staff believes an amendment to this
section to provide for residential developments such as being proposed may be appropriate.
Currently this section only applies to non-residential developments.
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The Park and Recreation Commission will need to review and discuss the proposed waiving of
fees and will be making a recommendation to the City Council. It may be appropriate at this
time for the Council to give some direction to the Commission as to the wishes of the Council.
Credit for SACIW AC Existing Units
In researching the Sewer Availability Charge (SAC) and Water Area Charge (WAC), Staff has
discovered that 7 units do not exist on the property. Most likely only one unit exists (the brick
house on the comer of Marigold Street NW and Bunker Lake Boulevard NW) as it is the only
structure connected to sanitary sewer and water. However, further research is being conducted
on the number of existing units. The end result is that credit can be given for any existing units
upon the redevelopment of the property.
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G. Access to Thoroughfares. In those instances where a plat
is adjacent to a limited access highway or other major highway
or thoroughfare, no direct vehicular access shall be permitted
from individual lots to such highway.
H. Natural Features. In the subdividing of land, regard
shall be shown for all natural features, including tree
growth, water courses, historic places and similar amenities
of the area, which if preserved will add attractiveness and
stability to the area.
I. Lot Remnants. Lot remnants which are below mlnlmum lot
area or dimension must be added to adjacent or surrounding
lots rather than be allowed to remain as an unusable outlot or
parcel.
-?> 9.07
Parks, Playgrounds, Open Space and Public Uses.
74)
(lOA, 9-13-
9.07.1 Lands of Public Use or Other provisions. pursuant to
Minnesota Statute, Chapter 462.358, as amended, the City Council
of the City of Andover shall require all owners or developers, as
a prerequisite to approval of a plat, subdivision or development
of land, to convey to the City or dedicate to the public use, for
park or playground purposes, a reasonable portion of the area
being platted, subdivided or developed as hereinafter specified.
Said portion to be approved and acceptable to the City or in lieu
thereof, the owners or developers shall, at the option of the
City, pay to the City for the use in the acquisition of public
parks, open space and playgrounds, development of existing public
park and playground sites, and debt retirement in connection with
land previously required for public parks and playgrounds, an
equivalen~ amount in cash based upon the undeveloped land value of
that portion of said land that would have otherwise been required
to be dedicated. The form of contribution (cash or land) shall be
decided by the City based upon need and conformance with approved
City plans.
9.07.2 Dedicated Land Requirements. Any land to be dedicated as
a requirement of this section shall be reasonably adaptable for
use for active park and recreation purposes and shall be at a
location convenient to the people to be served. Factors used in
evaluating the adequacy of proposed park and recreation areas
shall include size, shape, topography, geology, tree cover, access
and location.
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9.07.3 Standards for Determination. The Park and Recreation
Commission shall recommend to the City Council adoption of the
Comprehensive Park Development Plan for determining what portion
of each such development should reasonably be required to be so
conveyed or dedicated. Such comprehensive Park Development Plan
may take into consideration the zoning classification assigned to
the land to be developed, the particular proposed use for such
land, amenities to be provided and factors of density and site
development as proposed by the owners or developers. The Park and
Recreation Commission shall further recommend changes and
amendments to the Comprehensive park Development Plan to reflect
changes in the usage of land which may occur, changes in zoning
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classifications and concepts
development concepts that relate
which the land may be put.
and changes in planning and
to the development and usages to
9.07.4 Park and Recreation Commission Recommendation. The
and Recreation Commission shall, in each case, recommend to
City Council the total area and location of such land that
Commission feels should be so conveyed or dedicated within
development for park, playground, open space and public
purposes.
Park
the
the
the
use
9.07.5 Cash Contribution in Lieu of Lands. In those instances
where a cash contribution is to be made by the owners or
developers in lieu of a conveyance or dedication of land for park,
playground, open space or public use purposes, the park and
Recreation Commission shall recommend to the City Council th~
amount of cash said Commission feels should be so contributed.
Such recommendation shall be based on the market value of the
undeveloped land that would otherwise have been conveyed or
dedicated.
9.07.6 Market Value of Lands. "Market Value", for the purposes
of this Ordinance shall be determined as of the time of the final
plat without improvements in accordance with the following:
A. The Park and Recreation Commission and
developers may recommend as to market value.
owners
or
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B. The City Council, after reviewing the park and Recreation
Commission's recommendation, may agree with the owner or
developer as to the market value. If agreement is not reached
in this manner, then the market value shall be determined by
an accredited appraiser chosen by the Park and Recreation
Commission, at the expense of the owner or developer. Such
appraisal shall be accepted by the City council and the owner
or developer as being an accurate appraisal of "market value".
(ION, 3-07-89)
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9.07.7 Density and Open Space Requirements. Land area so
conveyed or dedicated for park, open space and playground purposes
may not be used by an owner or developer as an allowance for
pu~poses of calculating the density requirements of the
development as set out in the City Zoning Ordinance. The land
shall be in addition to, (except for 9.07.8), and not in lieu of,
open space requirements for planned Unit Developments pursuant to
the City zoning Ordinance.
9.07.8 Credit for private Open Space. Where private open space
for park and recreation purposes is provided in a proposed non-
residential development and such space is to be privately owned
and maintained by the owner of that non-residential development,
such areas may be used for credit at the discretion of the City
Council against the requirement of dedication for park and
recreation purposes, provided the City Council finds it is in the
public interest to do so and that the following standards are met:
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A. That yards, court areas, setbacks and open space required
to be maintained by City Ordinances shall not be included in
the computation of such private open space;
B. That the private ownership and maintenance of the open
space is adequately provided for by written agreement;
C. That the private open space is restricted for park and
recreation purpose by recorded covenants which run with the
land in favor of the owners of the property within the non-
residential development and which cannot be eliminated without
the consent of the City Council;
D. That the proposed private open space is reasonably
adaptable for use for park and recreational purposes, taking
into consideration such factors as size, shape, topography,.
geology, access and location of the private open space;
E. That facilities proposed
substantial accordance with the
element of the Comprehensive
City Council and;
F. That where such credit is granted, the amount of credit
shall not exceed one hundred (100%) percent for the non-
residential development of the amount calculated under Section
9.07.10.
for the
provisions
plan, and
open space are in
of the recreational
are approved by the
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9.07.9 Park and Recreation Commission Administrative procedures.
The park and Recreation Commission shall establish such
administrative procedures as they may deem necessary and required
to implement the provisions of this Ordinance.
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9.07.10 Dedicated
the city of Andover
park, open space
percentage of gross
Land, Minimum Area. Developers of land within
shall be required to dedicate to the City for
and playground purposes as a minimum that
land area as set out below:
A. Residential
Dwelling Units/Acre
(Gross Density)
Requirement
0-3
~ver 3
10%
Add two (2%) percent to
dedication requirements
for each additional
dwelling unit over three
(3) units per gross
density.
B. Commercial-Industrial
(lOD, 8-07-79)
10%
J Notwithstanding the foregoing for all subdivisions by metes and
bounds description the subdivider or developer may elect to pay in
lieu of the above-mentioned park dedication requirements the sum
of Four Hundred ($400.00) Dollars for each dwelling unit that
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could be constructed upon the proposed subdivided property. In
the event that developer elects to pay said Four Hundred ($400.00)
Dollar charge, the city may collect additional park fees in the
event developer re-subdivides the property in the future. Such
future park fees shall be based upon the percentage schedule set
out herein; however, developer shall receive a credit for the per
unit paid previously. (100, 8-07-79; 10Q, 7-03-90)
9.07.11 Metes and Bounds Lot splits. The Park and Recreation
Commission may recommend cash payment in lieu of park land on
metes and bounds lot splits less than twenty (20 a.) acres in
size. The amount shall be determined through the same process
outlined in Section 9.07.05. (lOP, 12-19-89)
SECTION 10. CONSTRUCTION OF IMPROVEMENTS.
10.01 General Conditions. Upon receipt of preliminary plat
approval by the Council and prior to Council approval of the
final17lat, the subdivider shall make provision, in the manner
hereinafter set forth, for the installation, at the sole expense
of the subdivider, of such improvements as shall be required by
the City, which improvements may include, but are not limited to,
streets, sidewalks, public water systems, sanitary sewer systems,
surface and storm drainage systems, and public utility services.
The installation of said improvements shall be in conformity with
approved construction plans and specifications and all applicable
standards and Ordinances.
10.02 Development Contract. prior to the installation of any
required improvements and prior to approval of the final plat, the
subdivider shall enter into a contract with the City which
contract shall require the subdivider to construct said
improveme~ts at the sole expense of the subdivider and in
accordance with approved construction plans and specifications and
all applicable standards and Ordinances. Said contract shall
provide for the supervision of construction by the Engineer; and
said contract shall require that the City be reimbursed for all
costs incurred by the City for engineering and legal fees and
other expenses in connection with the making of,such improvements.
The performance of said contract shall be financially secured by a
cash escrow deposit or performance bond as hereinafter set forth.
(lOX, 6-6-95)
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10.03 Financial security. The development contract shall require
the subdivider to make a cash escrow deposit or in lieu thereof to
furnish a performance bond in the following amounts and upon the
following conditions: (lOX, 6-6-95)
A. Escrow Deposit. The subdivider shall deposit with the
Treasurer a cash amount equal to one hundred fifty (150%)
percent of the total cost of such improvements as estimated by
the Engineer, including the estimated expenses of the City for
engineering and legal fees and other expenses incurred by the
City in connection with the making of such improvements.
(lOA, 9-10-74)
B. Performance Bond. In lieu of a cash escrow deposit, the
subdivider may furnish a performance bond, with a corporate
Page 20
HOUSING PROGRAM/PUBLIC HEARING PROCESS
. Minnesota Statutes, Chapter 462C (the "Act"), requires the City Council to
prepare a Housing Finance Program, submit the Program to the
Metropolitan Council for review and comment, conduct a public hearing on
the Program and adopt the Program before Bonds can be issued to finance
the Program.
. The notice requirements of Section 147(1) of the Internal Revenue Code of
1986, as amended will also be satisfied in conjunction with the Act.
The table below lists the steps in the housing program/public hearing process.
8/5 City Council adopts resolution calling for public hearing on a
proposal for a Housing Finance Program
8/6 by. Close date to get Notice of Public Hearing on a Housing Finance
Noon Program to local paper for publication
On or before File Housing Finance Program with City and submit the Housing
Notice Finance Program to the Metropolitan Council for review and
Publication comment.
8/8 Publish Notice for Public Hearing on a Housing Finance Program
(no more than 30 days nor less than 15 days prior to the hearing
date)
9/2 at City Council holds public hearing on a Housing Finance Program
: p.m. and adopts resolution approving the Housing Finance Program
Within 30 days Submit a Report to the Minnesota Housing Finance Agency and
after Bonds are the Metropolitan Council.
issued
.Official Newspaper:
ANOKA COUNTY UNION
P.O. Box 99
Anoka, MN 55303
Attn: Linda
Phone: 421-4444
Fax: 421-4315
Notice to paper via fax/mail by Wednesday noon prior to
publication.
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THIS HAS BEEN PREPARED AT THE REQUEST OF PRESBYTERIAN HOMES
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PRESBYTERIAN HOMES
OF MINNESOTA
Senior comlllunities
designed witb tbe band
of e:'f:perience, a hellrt
for excellence and an
eye to tbe future.
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PRESBYTERIAN HOMES
July 15, 1997
RECEIVED
JUL 2,4 1997
CITY OF ANDOVER
Mr. Richard Fursman, City Administrator
City of Andover
1685 Crosstown Blvd. N.W.
Andover, MN 55304
Subject: Request for City Assistance for the Farmstead
Dear Mr. Fursman:
In follow-up to previous meetings, Presbyterian Homes of Minnesota (PHM) is
working with the Adolfson family to develop approximately 10 acres of land located
on Bunker Lake Blvd. between Quay and Marigold streets into the Farmstead, a
143 unit project developing a "mini" continuum of care for older adults.
This project is assumed to include approximately 65 units of assisted living, 70
units of housing and 8 town homes. PHM is a mission oriented non-profit provider
committed to providing quality services at reasonable price points. We believe it is
vitally important to reach as affordable a price point as possible to more adequately
meet community needs and accordingly, are requesting assistance from the city of
Andover.
Specifically, the following requests:
1. Approval to use 501 (c)3 revenue bonds. The city would essentially be
endorsing this project as one providing meaningful services to older adults
in the Andover community. The city would act as a "conduit" endorsing the
project. The project itself would provide the collateral and the city would
have no financial obligation with respect to the financing. The result would
be a lower cost of interest and less cost for residents. Interest rates today
are estimated to be approximately 6.5% over a 30 year term.
2. Approval of a 15 year pay-as-you-go tax increment financing (TIF). This
essentially becomes a tax rebate program enabling current property tax
rates to be captured by the city but allowing the full property tax
assessment to be implemented over time. Essentially, the taxes as
assessed are paid with part of those being rebated to the project. This type
of TIF has no risk to the city and enables the rental rates to be lowered.
One hundred per cent of the TIF proceeds would be used to reduce unit
costs per month. It is anticipated that the savings would average from $75-
125 per unit, per month in lowered cost. At the end of 15 years, the tax
base would increase from its current base of approximately $20,000 per
year to an anticipated amount more than $200,000 per year.
3. Consideration for waiving scheduled park dedication fees in return for
preserving the Red Barn for community use and providing and maintaining
recreational pathways through the property for use by the neighbors.
Approximately one sixth of the site would be retained in green space,
Round Barn or walkways. It is anticipated that over one mile of walking
trails would be provided in and through the project to be used by the
neighbors.
4. Credit of existing units against scheduled SAC/WAC fees. Currently there
are seven units for which credits we believe could be given. This would
essentially reduce scheduled SAC/WAC fees by approximately $15,000.
,lltl/JIWt'J/lt'llt ..:;'....,'.;l,J'l,hes
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3220 Lake Johanna Boulevard, Arden Hills, MN 55112 Phone (612) 631-6100 Fax (612) 631-6108
City of Andover
July 15, 1997
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consideration. This revised Gantt chart takes into account discussions with city staff, city
consultants and planning process issues. The sought after result is a more streamlined
process minimizing the amount of time required by council, planning commission and staff
to enable this project to be fully approved and construction started.
We believe a significant need for older adult services exists in the city of Andover and are
enthused about developing a project that can meet those needs. Consideration for your
assistance is greatly appreciated and will be very beneficial to the residents of Andover
who will be served by this project.
If there are questions or if additional information would be helpful, please contact me at
631-6i33.
Sincerely,
C)~~
Daniel A. Lindh
President
cc: Jean McGann, Finance Director
John Mehrkens
Scott Weicht
David Adolfson
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CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
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DATE: August 5. 1997
ITEM NO.
Discuss Stop Signs/Yukon Street NW
& 140th Avenue NW
d.
ORIGINATING DEPARTMENT
Todd Haas, ~C
Engineering &
AGENDA SECTION
Discussion Item
The City Council is requested to consider ordering the removing the stop signs for the
north/southbound traffic on Yukon Street NWat 140th Avenue NW.
Public Works is in the process of completing Zone 1 signs. This intersection is the only
unsolved intersection in this zone that needs to be determined if the stop signs for the north
/southbound traffic should be removed.
The stop signs at these locations do not meet the warrants for the installation of stop signs as
identified in the Manual on Uniform Traffic Control Devices (see attached). We have
contacted the Anoka County Sheriffs Department and there have been no reported accidents
at the intersection.
/
We did send out letters to the property owners within 350 feet of each intersection of the
possible removal of the stop signs and its discussion at the August 5th City Council meeting
(see attached).
If the City Council approves the removal, the stop sign at the intersection for eastbound traffic
on 140th Avenue NW would remain as the stop sign is allowed by the manual.
Note: The stop sign warrant requirements were discussed with the City Council in 1994 and
the City Council was aware that there were numerous stop signs installed that do not
meet warrants. As staff continues working in future zones, additional signs will be
brought forth to the City Council for their review.
/
Regular Andover City Council Meeting
Minutes - March 18, 1997
Page 12
j
(Discuss Letter/Crooked Lake Area Association, Continued)
Jim Hughes, Crooked I,ake Area Association explained in 1992 through the
cooperative efforts of the DNR, Coon Creek Watershed, the cities of Coo~
Rapids and Andover and the Association, they were able to eradicate
Eurasian Milfoil in the lake. Unfor~unately it also killed some of the
other natural life in the lake, which is now recovering. In August,
1996, they found Eurasian Milfoil i~ the lake again in several areas
along the shore. The treatment used before is no longer allowed by the
DNR. In talking with tbe DNR and other lake association, a treatment of
2-4-D is recommended, though it is only 85 percent effective; plus the
DNR will only permit up to 15 percent of the lake to be treated at one
time. With that limitation, it appears that they will never be able to
totally er2.dicate milfcil; and it w:,-ll require aIlI11.:al tre.3.tments to
control. They are hoping to begin treatment this sprins. It will cost
$350 per acre for the treatment, and a maximum of 13 acres can be done
at one time. They are looking to the cities for some help.
The Council generally agreed to participate in 20 to 30 percent of the
cost, wlJich is l'Jldover's share of the lake. They also suggested the
Association contact the Coon Creek Watershed Board. The Association
members stated they will come back t.O the Council with a plan for the
treatment and more specific costs and funding sources.
j * DISCUSS REl-!OVAL OF STO:P SIGNS/YUKON STREET AllD 140TH A''ilENUE
~10TION by Knight, Seconded by Orttel, for option No.2, table the item
and notify the propert.y m.;ners for pub 1 ic ccmment. Motion carried
unanimo'lSly. The Council asked that the item be placed on a light
agenda, as there ~s no immediate rush on this item.
DISCUSS FINANCING/IP97-3 _~iD 97-4/ClU1CK SE~LING AND SEALCOATING
The Council gave verbal consent to approve additional funding for the
1997 crack sealing and sealcoating projects from the In-Hause MSA Fund.
APPROVE PLlj~VS .1,ND SPBCS/IP95-14/CROOKED LAKE BOULEVARD
Mr. Erickson explained the Municipal State Aid office is requiring the
City to obtain drainage and utility easements from the property owners
downstream from the stormwater discharge pipe at the intersection of
Bunker Lake Boulevard and Crooked Lake Boulevard. This would encumber
three properties and would be a large cost to the proj ect.. Maier
Stewart & Associates has' looked at yet another alternative for the
drainage from this intersection and is now proposing to pipe the storm
wate~ in the right of way to the creek and discharge it into the creek.
Some temporary or permanent easement may be needed along Bunker Lake
) Boulevard. The intent is to place the pipe far enough way from Bunker
Lake Boulevard so it will not be disturbed when the street is
reconstructed in the future.
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CITY of ANDOVER
1685 CROSSTOWN BOULEVARD NW. . ANDOVER, MINNESOTA 55304 . (612) 755-5100
"
July 24, 1997
Owner/Occupant
Re: Consideration of Removal of Existing Stop Signs
Dear Owner/Occupant:
The City Council will be considering the removal of stop signs at the intersection of
Yukon Street NW and 140th Avenue NW at their August 5,1997 meeting starting at 7:00
PM at the Andover City Hall. Unfortunately, the existing stop signs do not meet warrants
as identified in the Minnesota Manual on Uniform Traffic Control Devices.
\
.I
If you would like to give any input regarding the stop signs that are being considered for
removal, please attend the meeting. Otherwise, feel free to contact me at 755-5100.
Sincerely,
~~
Assistant City Engineer
TJH:rja
/
ALL-WAY STOPS
CHAPTER. 15
/
The Manual on Uniform Traffic Control
Devices (MUTCD) and Traffic Engineers
Handbook (fEH) have established specific
warrants for installation of 4 way or all way
stops. These warrants were developed to
assist in determining whether or not 4 way
stop signs could help assign right of way at
higher volume intersections reduce an acci-
dent problem, or fill in as an interim measure
until traffic signals could be installed. Con-
siderations outside established warrants are
restricted intersection sight distances, and
school crossings. Studies have shown that 4
way stop signs are not an effective technique
for controlling speeds and should not be
used to reduce traffic volumes, or simply to
satisfy citizen demands. It should be remem-
bered that stop signs constitute one of the
most significant means of separating and
controlling traffic movements and should be
carefully considered.
Effects
Volumes. Four-way stop signs produce no
net reduction of traffic volumes if traffic is
primarily local in make-up. Where there is
existing shortcutting thru traffic, stop signs
may reduce volumes; however, the effective-
ness of the 4-way stop as a deterrent to thru
. traffic is dependent on stop sign saturation,
heavy enforcement and the availability of
useful alternative routes. Often the alterna-
tive route is another adjacent residential
street, and problem traffic is merely dis-
placed, not eliminated.
J
Neighborhood Traffic Control
January 1994
15-1
Speeds. Studies have typically shown 4-way
stops do not have a significant impact on
vehicular speeds. Overall area speeds have
shown minimal reductions near the intersec-
tion. In midblock areas, where most acci-
dents involving young pedestrians occur,
speed increases are frequently the result.
Safety. It is not clear whether 4-way stop
signs will improve safety when they do not
meet established warrants. In some cases
accidents actually increase, possibly due to
the stop signs being unexpected or deemed
unnecessary thereby encouraging rolling
stops, or by instilling a false sense of security
in crossing motorists and pedestrians.
Studies have shown that stop signs that do
not meet warrants are basically ignored by
many drivers. Also as mentioned before,
speeds tend to increase in the mid block areas
where most young pedestrian accidents
occur. However, if warrants are met or
where sight distances are poor - an all way
stop may increase safety.
Traffic Noise, Air Quality, Energy Consump-
tion. Noise is increased near the intersection
due to the increased activity of acceleration
(many drivers speed up to make up for time
lost at the stop sign) and added braking. Ad-
jacent residents may complain about the addi-
"
tional noise.
)
Air quality is worsened and fuel consumption
is increased due to added deceleration, ac-
celeration and idling. Unnecessary stops
reduce the efficient movement of traffic flow,
by increasing travel time on the route.
Community Reaction. Mixed. Some resi-
dents would feel "anything is better than noth-
ing" or are misinformed about the potential
impacts. Some view this measure as a safety
improvement. Others view this measure as an
unnecessary impediment to reasonable move-
ment thru the area and an encouragement to
"blow the stop signs" in the area. Many resi-
dents in the immediate vicinity of all-way stop
signs view them in a positive manner. It is up
to traffic engineers or other governing agents
to responsibly determine the best traffic con-
trol under the specific circumstances based on
reasonable guidelines.
Additional Considerations
Installation of all-way stop signs is often used
by a governing body as an immediate, tan-
gible and inexpensive response to a
neighborhood's concern about safety on a
local residential street. The use of stop signs
creates a solution which is one of perception
rather than effective improvement. This
misuse of stop signs should be resisted by the
local traffic engineer and governing body.
Some studies have shown that the warrants
for stop signs can be expanded to include
other considerations such as presence of
Neighborhood Traffic Control
January 1994
15-2
designated school crossings and sight dis-
tance problems. The failure to follow the es-
tablished warrants, to install stop signs
without specific justification, may have legal
implications to the local government agency.
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Reference
Manual 011 UI1ifonn Traffic Control Devices
"
[~J
RI-l
30" x 30"
Rl-3
12" x 6"
Rl-4
18"x 6"
/
2B-4 Stop Sign (RI-I)
STOP signs are intended for use where traffic is required to stop. The
STOP sign shall be an octagon with white message and border on a red
background. The standard size shall be 30 x 30 inches. Where greater
emphasis or visibility is required, a larger size is recommended. On low-
volume local streets and secondary roads with low approach speeds, a 24
x 24 inch size may be used.
At a multi way stop intersection (sec. 2B-6), a supplementary plate
(RI-3) should be mounted just below each STOP sign. If the number of
approach legs to the intersection is three or more, the numeral on the
supplementary plate shall correspond to the actual number of legs, or the
legend ALL-WAY (RI-4) may be used. The supplementary plate shall
have white letters on a red background and shall have a standard size of 12
x 6 inches (RI-3) or 18 x 6 inches (RI-4).
A STOP sign beacon or beacons may be used in conjunction with a
STOP sign as described in section 4E-4.
Secondary messages shall not be used on STOP sign faces.
2B-5 Warrants for Stop Sign
Because the STOP sign causes a substantial inconvenience to motorists,
it should be used only where warranted. A STOP sign may be warranted at
an intersection where one or more of the following conditions exist:
1. Intersection of a less important road with a main road where
application of the normal right-of-way rule is unduly hazardous.
2. Street entering a through highway or street.
3. U nsignalized intersection in a signalized area.
4. Other intersections where a combination of high speed, restricted
view, and serious accident record indicates a need for control by the STOP
sign.
Prior to the application of these warrants, consideration should be given I
to less restrictive measures, such as the YIELD sign (2B- 7) where a full
Rev. 9/84
11-40 \~)
Rev. 3
28-2
)
"
stop is not necessary at ali times. Periodic reviews of existing installations
may be desirable to determine whether, because of changed conditions,
the use of less restrictive control or no control could accommodate traffic
demands safely and more effectively.
STOP signs should never be used on the through roadways of
expressways. Properly designed expressway interchanges provide for the
continuous flow of traffic, making STOP signs unnessary even on the
entering roadways. Where at-grade intersections are temporarily justified
for local traffic in sparsely populated areas, STOP signs should be used on
the entering roadways to protect the through traffic. STOP signs may aiso
be required at the end of diverging roadways at the intersection with other
highways not designed as expressways. In most of these cases. the speeds
will not warrant any great increase in the sign sizes.
STOP signs shall not be erected at intersections where traffic controi
signals are operating. The conflicting commands of two types of control
devices are confusing. If traffic is required to stop when the operation of
the stop-and-go signals is not warranted, the signals should be put on
flashing operation with the red flashing iight facing the traffic that must
stop.
Where two main highways intersect, the STOP sign or signs should
10rmaliy be posted on the minor street to stop the lesser flow of traffic.
Traffic engineering studies, however, may justify a decision to install a
STOP sign or signs on the major street, as at a three-way intersection
where safety considerations may justify stopping the greater flow of
traffic to permit a left-turning movement.
STOP signs may be used at seiected railroad-highway grade crossings
only after their need has been determined by a detailed traffic engineering
study. Use of the STOP sign at railroad-highway grade crossings is
described in Section 8B-9.
Portable or part-time STOP signs shali not be used except for
emergency purposes. Aiso, STOP signs should not be used for speed
control.
28-6 Multiway Stop Signs
The "Multiway Stop" installation is useful as a safety measure at some
locations. It should ordinarily be used only where the volume of traffic on
the intersecting roads is approximately equal. A traffic control signal is
more satisfactory for an intersection with a heavy volume of traffic.
Any of the following conditions may warrant a multiway STOP sign
installation (sec. 2B-4):
I. Where traffic signals are warranted and urgently needed, the
.nultiway stop is an interim measure that can be installed quickly to
control traffic while arrangements are being made for the signal
installation.
28-3
Rev. 9/84
,
,
11-48 (c)
R....3
VIII-5(c)
R....2
2. An accident. problem , as indicated by five or more reported accidents
of a type susceptible of correction by a multi way stop installation in a
12-month period. Such accidents include right- and left-turn collisions as
well as right-angle collisions.
3. Minimum traffic volumes:
(a) The total vehicular volume entering the intersection from all
approaches must average at least 500 vehicles per hour for any 8 hours of
an average day, and
(b) The combined vehicular and pedestrian volume from the minor
street or highway must average at least 200 units per hour for the same 8
hours, with an average delay to minor street vehicular traffic of at least 30
seconds per vehicle during the maximum hour, but
(c) When the 85-percentile approach speed of the major street traffic
exceeds 40 miles per hour, the minimum vehicular volume warrant is 70
percent of the above requirements.
"
2B-7 Yield Sign (Rl-2)
The YIELD sign assigns right-of-way to traffic on certain approaches to
an intersection. Vehicles controlled by a YIELD sign need stop only when
necessary to avoid interference with other traffic that is given the right-of-
way.
The YIELD sign shall be a downward pointing, equilateral triangle
having a red border band and a white interior and the word YIELD in red
inside the border band. The standard size shall be 36 x 36 x 36 inches.
2B-8 Warrants for Yield Signs
The YIELD sign may be warranted:
I. At the entrance to an intersection where it is necessary to assign
right-of-way and where the safe approach speed on the entrance exceeds
10 miles per hour.
2. On the entrance ramp to an expressway where an acceleration lane is
not provided.
1I_~7 (e)
,
26-4
/
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Mn/UUT:t917& ,;J.711
. PORTABLE
TRAFFIC. RECORDER
'7V"""" ~H"'."" /':1 ,,/"UV :SY. IV /IV
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DATA SHEET
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lOCATION -
COUNTY
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COUNT BEGINNING DATE -
DATA BY/~ ---~ )
,
DATE /O-'j-9l J O-/P .44 /t).j/-9t AVERAGE of COUt~T
'"
DAY MON TUE WED THUR FRI SAT SUN WEEKDAY WEEK END
12-1AM
1- 2
2-3
3-4 - r
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i 5-~ I
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6-7
7-8 0 .J..fll 3 0 :1...
8-9
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10-11
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12-1
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; 2- ~ j
- I i --
3-4
4-<;
5-6
(:,-7
7-8
8- 9
9-10
10- II
II -121.4
TOTAL
SKETCH Cf) AVERAGE DAILY TRAFFIC
I ~ Remarks: ~o(A.n-fe.- If/ ,,#: I 7..s-" Wc.!(;'r
N ~;: ~ U kCJJV t) ,v oS' C) /,/ T' /'I- $ I.L>E
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COUNT BEGINNING DATE It) -1- '96
DATA BY
DATE / ~-'1 IIJ-II) If) -II AVERAGE of COUNT
DAY MON TUE WED THUR FRI SAT SUN WEEKDAY WEEK END
12-1AM I
1- 2 I
2-3 I
3-4 - r
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4-5
5-6
h-7
7-8
8- 9
9-10
10- II
II -12M I
TOTAL
SKETCH I ~ CD AVERAGE CAlLY TRAFFIC
Remarks: r... .'"T;;', -4'2.. 7.(""" S ~ ",-
N I tJ f) of ;.J frV F- ~n IV ESr SIDe. tJP I
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STATION .NO.# 3
"
DATA BY ~
"
COUNT BEGINNING DATE /0 ... ~.. 9-6
DATE /6''1' /0 -/6 /t/ -II AVERAGE of COUt~T
DAY MON TUE WED THUR FRI SAT SUN WEEKDAY WEEK ENO
12-IAM
1- 2
2-3
3-4 r
. 4-" I.
:.-.----= - -.-- - - .- .- -.~ '-------.
, o;-~ ,
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3-4
4-~ I
5-6 r
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7-8
8- 9
9-10
10-11
II -12M
TOTAL
SKETCH I" CD AvERAGE OAILY TRAFFIC
Remarks: C"tA..I'JU;o p,? 7$"' A.I~ ~-r-I-I
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Regular Andover City Council Meeting
Minutes - January 18, 1994
Page 5
SOLID WASTE MANAGEMENT CHARGE DISCUSSION/COUNTY REPRESENTATIVE
Elliott Perovich, Anoka County, reviewed the ne~'program for the funding
of costs related to the solid waste management programs. The county has
adopted a reduction in the "tipping fee" to haulers who bring their
waste to the Elk River facility to make it cost competitive with out-of-
state landfills. This should then be offset by a reduction in the
haulers' charge to their customers, that reduction estimated to be about
$31 per year. In addition, the county will be imposing a Solid Waste
Management fee to make up for the loss in revenue resulting from a
federal court ruling. That fee will appear as a special assessment for
residential and non-residential categories. Residential units will be
assessed $36.09 per single-family unit, $28.87 assessed per pad for
mobile homes, and $23.46 assessed per apartment unit per year. Non-
residential categories will be assessed based on the market value of the
improvement of the property, not on the land.
The Council questioned the justification for the Solid Waste Management
fee based on market value of the improvement in non-residential
categories. Mr. Perovich expected there will be a change in the method
of assessment for the non-residential units, as the market value concept
was the best approach they could devise in the time allotted. An appeal
process is in place to rectify any injustices that. may occur in the non-
residential category.
Mr. Perovich also reviewed a chart showing the waste stream from the Elk
River plant, with 83 percent of it turned into fuel for united Power
Association and only 11.6 percent sent eventually into a landfill. The
Council discussed several aspects of the proposal with Mr. Perovich,
then thanked him for his presentation.
-sY STOP SIGN WARRANTS, CONTINUED
In reviewing the Statutes, Attorney Hawkins felt the City has the
authority to place stop signs on the highways under its jurisdiction in
locations deemed necessary when the conditions meet certain criteria
listed in the Statutes. He felt if there are stop signs in the City
located where not recommended by the traffic code, the City may be
looking at some exposure for liability and they should probably be
removed. He also felt the City has enough leeway to retain stop signs
where there are dangerous situations, but they cannot be used to control
traffic. Mr. Hawkins clarified that no study is needed to install stop
signs, but they must meet the warrants or criteria set out in the Code.
The Council discussed the location of several signs and raised a concern
of the intersection at Bunker Lake Boulevard and Crooked Lake Boulevard
mentioned by Mr. Orttel during the Resident Forum this evening. Mr.
Haas stated he would like to review the county's plans for the upgrading
; of Bunker Lake Boulevard and their time line for that project. Council
suggested this be reviewed by the Road Committee; then they discussed it
further later in the meeting (See Page 7 of these Minutes).
Regular Andover City Council Meeting
Minutes - January 18, 1994
Page 6
/
(Stop Sign Warrants, Continued)
"
Mr. Haas stated he is in the process of plotting stop sign locations on
a City map. He felt there may be at least a dozen stop signs that
should be removed because they do not meet warrants, and he will bring
that information back to the Road Committee for their review and
direction. Council agreed.
APPOINT CHAIRS/PLANNING COMMISSION AND PARK BOARD, CONTINUED
Mayor McKelvey stated no one from the Planning Commission volunteered
for the position, so he recommended Jay Squires as Chairperson and
Maynard Apel as Acting Chair. He also recommended Darrel DeLarco as
Chairperson of the Park and Recreation Commission and Torn Anderson as
Acting Chair. During the Council discussion, concern was raised over
the short time Commissioner Squires has served, though they recognized
his ability and experience in Coon Rapids. There was also a question
about whether Commissioner Peek would accept the position and the time
factor that would affect some of the others.
MOTION by Jacobson, Seconded by Dalien, to approve Darrel DeLarco as
Chairperson and Torn Anderson as Acting Chairperson for the Park and
Recreation Commission. Motion carried on a 4-Yes, I-Absent (Perry)
vote.
MOTION by McKelvey that for the Planning Commission to appoint Jay
Squires as Chairperson and Maynard Apel as Acting Chairperson. Motion
dies for lack of a Second.
MOTION by Jacobson that Randy Peek serve as the. Chair for the Planning
and Zoning Commission for a one-year time period, and Maynard Apel as
Acting Chairperson, to serve in that capacity when the Chairperson is
not present. Motion dies for lack of a Second.
MOTION by Dalien, Seconded by Knight, that Jay Squires be appointed as
Chairperson and Randy Peek as Acting Chair to the Planning and zoning
Commission. Motion carried on a 4-Yes, I-Absent (Perry) vote.
CAPITAL EQUIPMENT DISCUSSION
Mr. Sulander reviewed the request from Public Works to purchase $137,000
worth of equipment essential to the operations of the various functions
within the Public Works Department. Funding would be with certificates.
A 1989 certificate will expire in 1994, and this one can be structured
so the first principal payment will be due in 1995.
\ MOTION by Jacobson, Seconded by Dalien, that we authorize City Staff and
\ f the Attorney to prepare the necessary documents for bond issue for the
items listed as Item No. 5 on our Agenda tonight, and corne back to the
Council with the bids. Motion carried on a 4-Yes, I-Absent. (Perry)
vote.
R-'<.:.~~~~~~~,~ ....._""."'".;<.~."""....III'.--uo
-
CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
DATE:
AUlWst 5. 1997
AGENDA SECTION
Discussion
ORIGINATING DEPARTMENT
ITEM NO.
3,APprove Final PlaUHamilton Square
Z
David L. Carlberg
Community Development Director
Planning
The City Council is requested to approve the resolution approving the final plat for the
Hamilton Square Development project. The final plat is found to be in compliance with the
preliminary plat. It is recommended that the final plat be approved subject to the following
stipulations:
1. City Attorney presenting a favorable title opinion.
2. Security to cover legal, engineering, street sign and installation costs to be determined by
the City Engineer.
3. The developer escrow for the uncompleted grading of this site which is to be determined by
the City Engineer or if the site is completed, a letter from the developer's engineer that lots
and streets are graded according to the grading plan submitted and approved or any
revisions thereof.
4. Street light costs to be paid to Anoka Electric Cooperative. Costs to be determined by
Anoka Electric Cooperative.
5. The final plat not be signed by the Mayor and Clerk until there is an executed Development
Contract, escrow paid (15% of the total costs for the improvements for the property
{streets, utilities, etc.}) and a contract for the improvements awarded.
6. Receipt of all necessary drainage and utility easements outside the plat if necessary.
7. Developer is responsible to obtain all permits from U.S. Army Corps of Engineers, DNR,
LGU, CCWD, MPCA and any other agency that may be interested in the site.
8. Park Dedication as recommended by the Park & Recreation Commission as determined by
Ordinance No. 10, Section 9.07.
9. Bikeway/walkway to be constructed along Hanson Boulevard NW and Crosstown
Boulevard NW. The developer shall pay 50% of the cost and the City shall pay 50% of the
cost.
10. Dedication of right-of-way for Crosstown Boulevard NW (Co. RD. No. 18) as required by
the Anoka County Highway Department letter dated June 2, 1997 from Jane Pemble,
Traffic Engineer.
11. Stormwater drainage to the north be coordinated with the drainage of Chesterton
Commons and/or be self contained within the plat.
12. Comments on the memo dated July 30, 1997 from Scott Erickson, City Engineer and
Todd Haas, Assistant City Engineer shall be addressed.
13. All outstanding comments from Daniel Fabian, TKDA shall be addressed.
14. Contingent on staff review and approval for compliance with City ordinances, policies &
guidelines.
Staff requests clarification from the City Council in regard to the ponding area and the
ownership of the pond.
,
\
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO. R -97
MOTION by Councilmember to adopt the following:
A RESOLUTION APPROVING THE FINAL PLAT OF THE DEVELOPMENT OF
HAMILTON SQUARE ,AS BEING DEVELOPED BY EDWARD AND LORA
HAMILTON, IN SECTION 23-32-24, Anoka County, Minnesota.
WHEREAS, the City Council approved the preliminary plat of the
Development of Hamilton Sauare ; and
WHEREAS, the Developer has presented the final plat of Hamilton
Sauare: and
WHEREAS, the City Engineer has reviewed such plat for conformance
with the preliminary plat; and
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Andover to hereby approve the final plat of Hamilton Sauare contingent upon
receipt of the following:
1. The City Attorney presenting a favorable opinion.
2. Security to cover legal, engineering, street sign and installation costs as
determined by the City Engineer.
3. The developer escrow for the uncompleted grading of the site which is to be
determined by the City Engineer or if the site is completed, a letter from the
developer's engineer that lots and streets are graded according to the
grading plan submitted and approved by the City.
4. The final plat not be signed by the Mayor and Clerk until there is an executed
Development Contract, escrow paid (15% of the total costs for the
improvements for the property {streets, utilities, etc.}) and a contract for the
improvements awarded.
5. Street light costs to be paid to Anoka Electric Cooperative. Costs to be
determined by Anoka Electric Cooperative.
6. Receipt of all necessary drainage and utility easements outside the plat if
necessary.
7. Developer is responsible to obtain all permits from U.S. Army Corps of
Engineers, DNR, LGU, CCWD, MPCA and any other agency that may be
interested in the site.
8. Park dedication as recommended by the Park and Recreation Commission.
9. Bikeway/walkway to be constructed along Hanson Boulevard NWand
Crosstown Boulevard NW. Developer shall pay 50% of the cost and the City
shall pay 50% of the cost.
10. Dedication of right-of-way for Crosstown Boulevard NW (Co. RD. No. 18) as
required by the Anoka Co. Hwy. Dept. letter dated June 2, 1997 from Jane
Pemble, Traffic Engineer.
11. Stormwater drainage to the north be coordinated with the drainage of
Chesterton Commons and/or be self contained within the plat.
12. Comments on memo dated July 30,1997 from Scott Erickson City Engineer
and Todd Haas, Assistant City Engineer shall be addressed.
13. All outstanding comments from Daniel Fabian, TKDA shall be addressed.
14. Contingent on staff review and approval for compliance with City
ordinances, polices & guidelines.
\
)
Page Two
Resolution
Final Plat - Hamilton Square
August 5, 1997
Adopted by the City Council of the City of Andover this ~ day of Auqust I
19~.
CITY OF ANDOVER
ATTEST:
J.E. McKelvey - Mayor
Victoria Volk - City Clerk
'.
CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
"
)
DATE: August 5. 1997
AGENDA SECTION
Discussion Item
ORIGINATING DEPARTMENT
ITEM NO.
Approve Plans & Specs/97 -8/Chesterton Commons
4.
Scott Erickson, Jt.
Engineering
The City Council is requested to approve the resolution approving plans and specifications
and ordering the advertisement for bids for Project 97-8, Chesterton Commons for sanitary
sewer, watermain, street and storm sewer construction.
Specifications are available in the Engineering Department for review.
'.
;
. ,
j
. i
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. 97-8 ,IN THE
AREA OF CHESTERTON COMMONS FOR SANITARY SEWER.
WATERMAIN STREET AND STORM SEWER CONSTRUCTION.
WHEREAS, pursuant to Resolution No. 154-97, adopted by the City
Council on the 24th day of June, 19-9L, by McCombs Frank Roos
Associates. Inc. has prepared final plans and specifications for Project 97-8
for sanitary sewer. watermain street and storm sewer.
WHEREAS, such final plans and specifications were presented to the City
Council for their review on the 5th day of August , 19----9L.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Andover to hereby approve the Final Plans and Specifications.
\
. /
BE IT FURTHER RESOLVED by the City Council of the City of Andover to
hereby direct the City Clerk to seek public bids as required by law, with such bids
to be opened at 10:00 AM , August 28 ,19 97 at the Andover City Hall.
MOTION seconded by Councilmember
City Council at a regular meeting this 5th day of
and adopted by the
August , 19 97 , with
voting in favor of
voting against, whereupon said
Councilmembers
the resolution, and Councilmembers
resolution was declared passed.
CITY OF ANDOVER
ATTEST:
J.E. McKelvey - Mayor
Victoria Volk - City Clerk
. "
j
CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
DATE: August 5. 1997
AGENDA SECTION
Discussion Item
ORIGINATING DEPARTMENT
ITEM NO.
Approve Plans & Specs/97 -9/Section 23
(Chesterton Commons/Hamilton Square)
5.
Scott Erickson,&L
Engineering
The City Council is requested to approve the resolution approving plans and specifications
and ordering the advertisement for bids for Project 97-9, Section 23 (Chesterton
Commons/Hamilton Square) for trunk sanitary sewer and watermain construction.
The construction of the trunk utilities will be bid with Chesterton Commons (Project 97-8).
Specifications are available in the Engineering Department for review.
/
"
. )
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. 97-9 ,IN THE
AREA OF SECTION 23 (CHESTERTON COMMONS/HAMILTON SQUARE
FOR TRUNK SANITARY SEWER AND WATERMAIN CONSTRUCTION.
WHEREAS, pursuant to Resolution No. 078-97 , adopted by the City
Council on the 1 st day of April , 19~, by TKDA has prepared final
plans and specifications for Project 97-9 for trunk sanitary sewer and watermain.
WHEREAS, such final plans and specifications were presented to the City
Council for their review on the 5th day of August , 19~.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Andover to hereby approve the Final Plans and Specifications.
,
BE IT FURTHER RESOLVED by the City Council of the City of Andover to
hereby direct the City Clerk to seek public bids as required by law, with such bids
to be opened at 10:00 AM , August 28 ,19 97 at the Andover City Hall.
-'
MOTION seconded by Councilmember and adopted by the
City Council at a regular meeting this 5th day of August , 19 97 , with
voting in favor of
voting against, whereupon said
Councilmembers
the resolution, and Councilmembers
resolution was declared passed.
CITY OF ANDOVER
ATTEST:
J.E. McKelvey - Mayor
Victoria Volk - City Clerk
. /
CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
/
DATE: August 5. 1997
ITEM NO.
Timber River Estates Park Discussion
{O.
ORIGINATING DEPARTMENT
Todd Haas, ~
Engineering
AGENDA SECTION
Discussion Item
The City Council is requested by Woodland Development for Timber River Estates to waive
the requirement to install concrete curb and gutter around the new parking lot which is a
requirement in Ordinance 8, Section 8.08E9 as determined by the Andover Review
Committee.
The proposed parking lot is located in a critical location of the City near the Rum River. The
ARC's position is that it is in the City's best interest to control traffic, so that vehicles are not
driving on green space areas or in the park. It is also important to control drainage so that
runoff discharges into catch basins rather than be allowed to runoff directly into the green
areas which potentially could cause erosion and additional maintenance. The curb also
provides protection for landscaped features and also the curb does allow for a much more
aesthetically pleasing park.
The Andover Review Committee's intent has always been that if a parking lot (private or
public) is paved then concrete curb and gutter shall be a requirement.
The Park and Recreation Commission has reviewed the request of Woodland Development at
their meeting of July 23, 1997 and their recommendation is to waive the curbing requirements.
Note: At this point the only issue left to resolve in the development of the park is the curbing
and the status of the proposed fishing pier.
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Ordinance No.8, Section
5. parking Lot, Driveway and Aisle Grades.
The grade elevation of any parking area, driveway and
aisles shall not be less than one (1%) percent and shall
not exceed five (5%) percent.
6. Surfacing.
All driveways, off-street driving, loading, parking and
storage areas shall be surfaced in accordance with the
standard specifications as adopted by the City and on
file in the office of the City Engineer.
(a) Farm dwellings and farm operations are exempt
from this paving requirement.
(b) City parks shall be exempt from the paving
requirement if approved by the City Council.
(8WWW, 4-07-92)
(c) storage areas for heavy construction equipment
that would damage the pavement may be exempt from
the paving and surfacing requirement with an
acceptable surface approved by the city Engineer.
(8WWW, 4-07-92)
(d) plans for surfacing and drainage of driveways
for non-residential uses shall be submitted to the
city Engineer for review and the final plan shall
be subject to written approval. (8WWW, 4-07-92)
7. striping.
Except for single-family, two-family, townhouse and
quadraminium dwellings, all parking stalls shall be
marked with white or yellow painted lines not less than
four (4") inches wide.
8. Lighting.
(a) All off-street parking areas for residential
uses of twelve (12) or more spaces and all off-
street parking for commercial, industrial,
institutional, and public uses shall be equipped
with operable lighting designed to illuminate the
entire surface of the parking area to a minimum
level of one (1) foot-candle at ground level. This
shall not apply to neighborhood parks as identified
in the Andover Comprehensive Park System and
Recreation Plan, as amended.
~
(b) Any lighting used to illuminate the off street
parking area shall be arranged as to reflect the
light away from adjoining property.
Curbing.
9.
/
All driveways, loading areas, parking areas and storage
areas shall be bounded by poured-in-place concrete curb
and gutter for the purpose of traffic control, drainage
control, protection of pedestrian movement, protection
Page 75
Ordinance No.8, Section
of landscaped features, aesthetics and maintenance
prevention as deemed necessary by the Andover Review
Committee, except for single-family, two-family,
townhouse and quadriminium dwellings. (8555, 5-07-91)
j ~
(a) The City may exempt curbing where the City has
approved future expansion of the parking lot.
"
(b) poured-in-place concrete traffic safety
islands may be required to maintain a safe and
orderly flow of traffic within the parking lot and
shall be approved by the Andover Review Committee.
(8555, 5-07-91)
(F) Required Screening.
All off-street parking lots containing six (6) or more
spaces, shall be screened from those residential properties
abutting the property on which the parking lot is located,
except such lots which serve single-family attached or
detached units.
1. Screening Standards. Screening shall be installed
so as to block d~rect vision.
,
(a) .Screening shall consist of a compact evergreen
or deciduous hedge of sufficient width and density
or an earth berm of sufficient height to provide an
effective screen throughout the year.
(1) At planting, hedge material must be at
least three (3') feet in height.
(2) Deciduous trees must be at least five
(5') feet in height and two and one-half (2
1/2") inches in diameter as measured six (6")
inches above the ground.
/
(3) Coniferous trees must be at least five
(5') feet in height.
(4) Earth berms shall not have a slope of
more than four (4') feet horizontal to one
(1') foot vertical nor be located within any
street right-of-way unless otherwise approved
by the City Engineer.
(b) A required screening fence shall be
constructed of masonry, brick or wood. Such fence
shall provide a solid screening effect and not
exceed eight (8') feet in height or be less than
six (6') feet in height. The design and materials
used in constructing a required screening fence
shall be subject to the approval of the City
Council.
)
Page 76
CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
./
DATE: August 5. 1997
AGENDA SECTION
ORIGINATING DEPARTMENT
Discussion
Planning
Jeff Johnson
ITEM NO.
Zoning Ordinance Revision Process
I,
The City Council is asked to consider establishing an advisory committee to review and revise the City's
Zoning Ordinance. As you are aware, the majority of our Zoning Ordinance is over twenty-five (25)
years old. Although there have been a number of amendments, some of the zoning standards adopted
are not keeping up with modem times and need to be revised or removed.
The following is a list of reasons why we need to review and revise the Zoning Ordinance:
"
Reasons to Update Zoning Ordinance
To remain consistent with the Comprehensive Plan.
After years of code amendments, many which have been written by different people using
different styles, some of our codes have lost continuity.
The majority of the City's Zoning Ordinance is over 25 years old (1971 adoption date).
A State law was recently past that requires communities to bring their Zoning Ordinance up to
date and consistent with their Comprehensive Plan.
Lack of tables, charts and graphics which are more easily interpreted by the public.
There is too much cross-referencing.
Lack of flexibility. Standards are too rigid; alternative means of compliance are not allowed.
\.
)
Zoning Ordinance Review Participants
Group/Individuals Description/Examples
Ptannil1QlZoning Department Current and advance planning staff: code enforcement staff:
housing staff; environmental staff; and special projects staff
Staff
Other Public worlcs: parlcs: redevelopment: building: and historic
preservation
Technical Consultant(s) Consuilant(s) retained to prepare all or portions 01 the zoning
code or to review the work of staff.
Financial Banks; savinos and loan: and appraisers
Business Chamber of Commerce; sign industry; and merchant
associations
Special Interest Groups
Building Developers; building trade groups: and non-profit housing
providers
Real Estate local real estate boards
Community-at-large Contacts based on outreach efforts
Civic Groups Betterment committees and special interest groups
legal Outside or in-hou.. legal counsel
Special Advisory Groups (Standing Commilteesl~mmissions) Planning commissions: boards of zoning adjustments: historical
commissions: and traffic commissions
Regional Technical Advisory ~mmiltees Transportation; air quality; council of governments; port
authorities; hospital: and airport commissions
Public Utilities Water; gas; sewer; and cable systems
Schools Public and private
local. State. and National OrganiZations (Private and Nonproftt) Environmental and preservation groups
State and Federal Agencies Agencies whose jurisdiction overtaps land and resources
affected by the proposo1l zoning regulations
Neighborllood Groups Homeowner associations and neighborllood watch groups
Staff would advertise for resident participation and an application form would have to be completed.
Staffwill forward all applications to the Council. The Council will determine which residents will serve
on this committee.
Staff would like direction from Council in regards to how to proceed with the establishment of this
committee. Staff anticipates that this committee would meet once a month for a period of approximately
one (1) year. A final draft of the Zoning Ordinance would be available for Council review and approval
the fall of 1998.
~
"-
I
/
CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
DATE: August 5.1997
AGENDA SECTION
ORIGINATING DEPARTMENT
Discussion
Planning
Jeff Johnson
ITEM NO.
DNR Response
Slow-No-Wake Ordinance
~.
At the June 17, 1997 City Council meeting, staff was asked to research the DNR's opinion in regards to
the need of adopting a slow-no-wake ordinance for the Rum River.
Staff conversations with DNR representatives indicated that the DNR is not aware of any studies
pertaining to erosion, boat speed, etc. on the Rum River. Thus, the DNR cannot assess the need at this
time for this ordinance. The DNR indicated to staff that this should be a citizen driven ordinance and
the need should be determined by City Council based on the opinion from residents.
\
As you are aware a public hearing was held at the Planning and Zoning Commission meeting on May
27, 1997 (minutes attached). The Planning and Zoning Commission recommended approval of this
ordinance (4-2 vote) to City Council. All property owners along the Rum River were notified of this
public hearing.
The DNR has had a preliminary review of the ordinance and has noted in their letter (see attached letter)
a few minor changes before they begin their official review ofthe ordinance.
It should be noted that there are a couple State Statutes that were adopted that regulate the speed of
personal watercraft (aka jet skis, sea doos, etc.). Personal watercraft are currently restricted to slow-no-
wake speed in areas of the Rum River which are two hundred (200) feet wide or less. They are also
restricted to slow-no-wake speed within one hundred (100) feet from any dock, swim raft, swimmer,
non-motorized craft or any anchored craft at any time.
Staff would like direction from the City Council on how to proceed.
, I
;
CITY of ANDOVER
1685 CROSSTOWN BOULEVARD NW. . ANDOVER. MINNESOTA 55304 . (612) 755-5100
June 20, 1997
Department of Natural Resources
Attn: Tom Hovey
1200 Warner Road
Saint Paul, MN 55106
Dear Mr. Hovey:
Please find attached a copy of the proposed Slow-No-Wake Ordinance for the City
of Andover, MN.
Our City Council is considering this ordinance for adoption. Our City Council
J would like to request a statement or letter from the DNR in regards to the need of
this ordinance.
Please submit this documentation to the City of Andover at your earliest
convenience.
Thank you for your assistance. Please feel free to contact me at 755-5100 if you
should have any questions.
Sincerely,
~ ~P'-
Jeff Johnson
Zoning Administrator
. I
Minnesota Department of Natural Resources
500 Lafayette Road
51. Paul, Minnesota 55155-40...!6
RECEIVED
JUL 211997
CITY OF ANDOVER
July 18, 1997
Jeff Johnson
Zoning Administrator
City of Andover
1685 Crosstown Blvd. NW
Andover, MN 55304
Dear Jeff:
Your letter ofJune 20th to Tom Hovey our Area Hydrologist was forwarded to me...
As you are aware, any watercraft restrictions on the Rum River would require an identical ordinance by both
Andover and Ramsey and a joint powers agreement between the cities. Beyond that, I am not sure exactly what
you needed from us. I did note in the one set of hearing notes that bank erosion may be an issue - there have been
some studies done on the Mississippi River near Red Wing and others that have been done on the Lower St. Croix.
, In the one case (Red Wing) there were some concerns about larger (say, 20' and up) power boats causing the
erosion. In the case ofthe Lower St. Croix (which has different characteristics), they found that boat wakes may
not be a large issue in erosion on the islands as it is in the Red Wmg area. I am not aware of any studies on the Rum
River in your area.
Another item to note is that any place where the Rum is 200 feet wide or less, personal watercraft (AKA Jet Skis,
Sea Doos etc.) are currently restricted to slow-no wake speed under state law (M.S. S 86B.313). They are also
restricted to slow-no wake speed withing 100 feet of any dock, swim raft, swimmer, non-motorized craft or any
anchored craft at any time.
If you have any further questions or need anything specific from the Department, please feel free to work through
Marcella Jerome (297-5708) who handles our water surface use zoning program.
DNR Information: 612-296-6157. I-ROO-766-6000 . TTY: 612-296-54R4, l-ROO-657-3929
An E4u~li Op]'l>rtunily Employer
Who Value"> Diver:--ity
ft Printed on Recyded Parer Containing a
c.~ ~linimum of 1(1":'<' Post-Collsumer W;lsle
Minnesota Department of Natural Resources
500 Lafayette Road
St. Paul, Minnesota 55155-40_
July 7, 1997
JefIJohnson
1685 Crosstown Boulevard NW
Andover, Minnesota 55304
Dear Mr Johnson:
In a preliminary review of your proposed Ordinance Number 231 for the City of Andover I noted the
following items which are need for the review process to continue:
. A copy of the Joint Powers Agreement with the City of Ramsey (since the Rum River is in both
cities, there is a need for a joint powers agreement).
. A signed copy of an identical proposed ordinance from the City of Ramsey, along with the
information on the hearing(s) held in that city
For your information I also noted the following technical changes that are needed:
"
Section 2.
Definitions.
Watercraft is as defined in Minnesota Statutes 86B.005 Sub. 18 (not 28 B.005)
Section 6,
Enforcement.
(New language since we spoke)
"Primary responsibility for enforcement of this ordinance shall rest with the Anoka County
Sheriffs Department. This, however, shall not preclude enforcement by other licensed peace
officers. "
When we receive the joint powers agreement and the Ramsey ordinance and hearing information, we
will begin official review ofthe ordinances. Any questions, please give me a call. Thanks!
Sincerely,
ij/', -. '\::\ >
. /i-'--'/~"-. ..~_~.:..-),Jl,~:-r"'....~
Marcella Jeromtt
Boating Staff Specialist
Phone: (612) 297-5708
Fax: (612) 296-0902
Internet: marcella.jerome@dnr.state.mn.us
DNR Information: 612-296-6157.1-800-766-6000 . TTY: 612-296-5484,1-800-657-3929
An Equal Or~orlunilY Employer
WhtlValul:\ Diversity
ft Printed on Recycled Paper Containing a
'-~ Minimum of [O';;; Pust-Co!l\umer Waste
ORDINANCE NO. 231
/
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
AN ORDINANCE REGULATING THE OPERA TlON OF WATERCRAFT ON THE
RUM RIVER IN THE CITY OF ANDOVER, MINNESOTA.
The City of Andover hereby ordains as follows:
Section 1.
Purpose.
,
It is the purpose of the City of Andover to regulate the operation and speed of watercraft
on the Rum River from the borders of the City of Ramsey and the City of Anoka
upstream to the border of the City of Oak Grove. The limitations contained in this
ordinance are designed to prevent and limit the erosion which is occurring to the banks
and shoreline of the Rum River within the City of Andover. The heavy wake from water
skiing, jet skiing and speedboating creates wave action which is eroding the shoreline,
banks and bluffs along the river, is adverse to the public's interest in maintaining and
preserving the shoreline. People swimming, canoeing and using the river more passively
are placed in jeopardy by water skiing, jet skiing and speedboating. This ordinance is
designed to protect the health, safety and general welfare of the public.
Section 2.
Definitions.
The following words and phrases, when used in this ordinance shall have the meanings
set forth:
Person
includes an individual, partnership, corporation or any body of
persons, whether incorporated or formed as association or not.
Overate
to navigate or otherwise use a watercraft.
Watercraft
is as defined in Minnesota Statutes 28B.OOS, Subd. 18.
Slow-no- Wake
the operation of a watercraft at the slowest possible speed
necessary to maintain steerage and in no case greater than five (S)
miles per hour.
that body of water which borders the cities of Andover and
Ramsey.
Rum River
1
,
Section 3.
Regulations.
No person shall operate a watercraft of greater than a slow-no wake speed in the Rum
River. The slow-no wake zone shall be in effect twenty-four (24) hours a day all year.
Section 4.
Exemptions.
Authorized resource management, emergency and enforcement personnel, when acting in
the performance of their duties, shall be exempt from the provisions ofthis ordinance.
Temporary exemptions from this ordinance may be granted by the local law enforcement
agency.
Section 5.
Markings.
The Anoka County Sheriffs Department shall be responsible for informing the public,
posting notification at all public accesses and marking or buoying areas affected by this
ordinance as necessary to give reasonable notice to the speed restrictions established.
Section 6.
Enforcement.
The Anoka County Sheriffs Department and other licensed peace officers, including
Conservation Officers of the Department of Natural Resources of the State of Minnesota
are authorized to enforce this ordinance.
Section 7.
Penalty.
Any person violating any provision of this ordinance shall be guilty of a petty
misdemeanor and upon conviction shall be punished by a fine and/or imprisonment.
Section 8.
Effective Date.
The effective date of this ordinance is thirty (30) days after its passage and publication.
Adopted by the City Council ofthe City of Andover on this _ day of
1997.
ATTEST:
CITY OF ANDOVER
Victoria V olk, City Clerk
1. E. McKelvey, Mayor
2
Regular Andover City Council Meeting
Minutes - June 17, 1997
\ Page 10
(Declare Dog a Nuisance, Continued)
Mary Mitteness, the Council encouraged them to keep calling the
Sheriff's office whenever there is a problem. The Community Service
Officers should be able to respond so there is documentation on the
dogs. Attorney Hawkins also noted that if dogs are continually
threatening other people, they can be declared a public nuisance. The
CSO should write a report any time the dogs exhibit aggressive behavior.
Motion carried unanimously.
"SLOW WAKE" ORDINANCE 231/RUM RIVER/UPDATE
I
I
I
,
,.
i
Mr. Johnson explained the Planning and zoning Commission held a public
hearing on the proposal to regulate the speed of watercraft on the Rum
River on May 27. It recommended approval, and the DNR is now reviewing
the ordinance. One of the things they want to review is its consistency
with the ordinances of the Cities of Anoka and Ramsey. Once the DNR has
approved it, it will come before the City Council for review and
approval.
Councilmember Orttel understood that it was the DNR that said there was
a big problem on the river, but now he is hearing the DNR is saying
there is no problem.
)
Loren Enales. 1853 159th Avenue related the trouble he has had getting
accurate information on this. He has fished the river for 50 years, and
it is not in much worse shape now than it was before. Wi th this
ordinance, there will be no more fishing because it is not possible to
get up and down the river at 5 mph and still have time to fish. He
lives on the river, but this is a matter of principle. The biggest
cause of the changes in the river is the river itself. It's the ice in
the spring. Wakes are a minor problem. Many people don't want the
additional traffic, but it is a public river. The City is growing, and
there will be more people using it. He has never seen water skiers on
the river, though there have been jet skis. Why take everything out?
He suggested modifying the ordinance to a maximum of 10 mph so that one
can get from one place to another to fish.
Clint Larson - has lived on the river for 20 years. He's observed a
number of people fishing, and many canoeing and tubing. Lately there has
been evidence of personal water craft, jet skis, and relatively large
pontoons and speed boats. That ultimately creates a problem
environmentally on the river. He felt the Planning Commission did an
excellent job in making their recommendation. He is concerned with the
safety of the kids on the river, those in tubes and canoes, when there
are vehicles traveling at excessive speeds as well. He felt the issue
of fishing is an excellent one. When first moving to Andover he thought
there was an ordinance restricting motor sizes to 9 1/2 horsepower, but
he then found that wasn't true. The Rum River is one of the assets of
the City which should be protected for all residents.
)
Paul Henrv. 4217 149th Avenue - concurs with the comments made this
evening. He agreed with some of the comments that speed probably is noe
Regular Andover City Council Meeting
Minutes - June 17, 1997
\ Page 11
("Slow Wake" Odinance 231/Rum River/Update, Continued)
eroding the shore line, and he didn't think anyone would try to water
ski on the river. There are some flaws in the ordinance, including the
definition of watercraft. He felt it is possible to allow fishing boats
to get from point A to point B and still preempt jet skis. He
encouraged the Council to consider reviewing the speed limit to enable
people to fish and enjoy the river. Even canoes go in excess of 5 mph.
Certainly 10 mph would serve everyone's cause properly, and he asked the
Council to consider that change.
John? . 176th Avenue - has a boat with higher horsepower and would
like to continue using it, but he agrees some areas would require slowe~
speeds. He didn't think it should be a blanket ban on the river or all
the way along it. He's flown over the river a number of times, and it
seems to change whether there are boats on the river or not. All
factors should be considered. He also noLed not everyone received
notification, so a greater effort should be made to let everyone know of
these changes. Mr. Johnson stated they notified everyone along the
river by mail; however, quite a few letters were returned.
..-/
-1- - stated if that is the case, then this should go back for a total
review for everybody. He only knew about it because he watched the
Planning Commission meeting on cable. It is only fair that those who
didn't get notices be given another opportunity. In response to
Councilmember Knight's question on jet skis creating damage on the
shores, he stated a fishing boat going 10 mph can cause some bank
erosion, but that would happen regardless of the jet skis. He felt a
compromise is in order to satisfy many people. He also felt this is a
relatively low item on the priority list for the community.
The Council discussed the possibility of returning the item to the
Planning Commission for another hearing. Another suggestion was to wait
until comments are received from the DNR. They asked Staff to research
the DNR' s opinion on the need for these restrictions. It was then
agreed to wait until a report is received from the DNR and then
reschedule the item.
AMEND ORDINANCE 8, SECTION 4.30/NON-CONFORMING OCCUPATIONS
Councilmember Orttel noted the ordinance appears to be exactly what the
Council had talked about. Mayor McKelvey and Councilmember Dehn had a
concern that only one complaint was needed. Mr. Carlberg explained when
a complaint is received, Staff will inspect, give notification and
provide a reasonable period of time to correct the issue. If the
inspections reflects nothing is wrong, the complaint will be dismissed.
This specifically relates to those non-conforming prior to 1990. The
permit allows them to operate as they are currently operating.
"
) Councilmember Dehn suggested articles be placed in the Andover Times
explaining the necessity of applying for the Home Occupation Permit.
Regular Andover Planning and Zoning Commission Meeting
Minutes - May 27, 1997
Page 2
\
, /
PUBLIC HEARING: NO WAKE ORDINANCE/RUM RIVER
"
7:07 p.m. Mr. Johnson reviewed the proposed ordinance to regulate the
operation and speed of watercraft on the Rum River to prevent and limit
the erosion which is occurring to the banks and shoreline of the river.
Andover's City Council met with Councilmembers and representatives from
the Cities of Ramsey and Anoka to discuss the issue of establishing a No
Wake or Slow Wake Ordinance along the entire common boundary of the Rum
River. The Councils agreed to d~aft similar ordinances. The proposed
ordinance is identical to those of Anoka and Ramsey. Anoka adopted the
ordinance in 1991, and Ramsey just recently adopted it.
Chairperson Peek placed a letter into the record from Lyle Bradley
supporting the ordinance.
MOTION by Barry, Seconded by Wells, to open the public hearing. Motion
carried on a 6-Yes, I-Absent (Squires) vote. 7:10 p.m.
Loren Enqles. 1853 159th Avenue - believed this ordinance will eliminate
all fishing boats from the river. It would take two hours to get up the
river at 5 mph if a boat is put in the river at Anokai then another two
hours back. He lives on the river and has fished it for over 50 years.
The only problem has been since the jet ski traffic. It is not the
.fishermen causing the problem. The floods and ice in the spring do more
~amage in one year than 50 years of driving a boat down the river. He
understands that many people want to keep the river quiet and for
canoeing, but it isn't fair to take this away from the people and kids
who want to fish. In talking to people, he found that very few know
about this proposal. He felt the proposal deserves more consideration
and asked for more time to let people know and to organize those who
fish the river to petition against the ordinance.
Dr. Yeaqer. 4810 Marvstone Boulevard - stated he and his wife have liveJ
in their house for 29 years and have witnessed the growth. He supports
this ordinance. He has a pontoon boat with a big motor to make sure he
can get up stream. Over the years they have seen a lot of speed boats
creating enormous wakes. The jet skis, noticeable as of last year, are
noisy and create big wakes. To prevent damage to the river, he felt
this type of ordinance is needed. It is more beneficial than to exclude
boats completely.
Bud Larson. ,16404 Araon Street - has been on the river since 1976. He
is in favor of the No Wake Ordinance. He's seen an increase in the
larger boat traffic. When it was a canoeing river, he seldom saw boats
of any size. Now there are pontoon and speed boats and jet skis. On
behalf of the river and the residents, he is strongly in favor of the
ordinance.
~rs. Yeaqer. 4810 Marvstone Boulevard - represents their family and
/nother at the end of Marystone. She was sure Mr. Engles was a
conscientious person and was not the person she saw yesterday on the
river. There were three 20-foot boats with hugh motors loaded with
children and adults speeding up the river. Last year on three different
Regular Andover Planning and Zoning Commissi~n Meeting
Minutes - May 27, 1997
Page 3
/
(Public Hearing: No Wake Ordinance/Rum River, Continued)
occasions while having a picnic on their pontoon, about ten jet skiers
raced by just a short distance from the Boy Scout Camp. Once past that
camp, there are rocks and rapids; so she didn't know how much further
north they could go. She didn't want to take anything away from the
young people, but she did think the no wake needs to be enforced~ Lyle
Bradley and others have seen the erosion. If Anoka has this ordinance,
there is no reason why Andover and Ramsey shouldn't have it also. She
wants to keep the Rum River bea~tiful and sees it being destroyed and
trees falling in the river because the soil is being eroded.
"
There was a brief discussion with members of the audience and Mr. Engles
regarding the speed of the boats, erosion and fishing on the river.
Skip Rither. 17410 Blackfoot Street - has lived here since 1968 and has
seen an increase in the use of the river. There have been very large
boats, speed boats and jet skis as high as 174th. The River is in the
Anoka sand plain, the banks are extremely fragile and slopes quite
steep. He had several photographs as evidence of the eroding river
banks in several areas along the river. It is true that when the high
water and ice go out, there is quite a bit of scouring going on. The
slope used to be on his side of the river; but due to the power of the
river and probably a limited amount of boat traffic, the bank on their
~ide is slowly eroding. Over time the river will naturally change; but
/hen wakes are added by the big boats and jet skis, it really impacts
the nature of the river in ways people don't quite fully understand.
This ordinance is for the river, not for individuals. If the river
continues to be impacted this way, future generations will not be able
to enjoy the same natural beauty there is now. The river is part of the
DNR Wild and Scenic River system, which means there are some
restrictions imposed 'already. Mr. Rither continued the county is
proposing to develop a large park to the north which will include a boat
ramp. He was not able to get any assurances on the type of boats that
will be allowed in there from that site. He felt this ordinance is
absolutely necessary in order to protect the river.
MOTION by Wells, Seconded by Luedtke, to close the public hearing.
Motion carried on a 6-Yes, I-Absent (Squires) vote. 7:28 p.m.
The Commission asked about Federal funds available to protect the river,
enforcement of the ordinance, the cost of that enforcement and studies
of the erosion. Mr. Johnson was not aware of any Federal funds. The
enforcement of the ordinance will be done by the Anoka County Sheriff's
Department water patrol. He did not know what the additional cost would
be. That would be determined at the time the contract with the Sheriff's
Department is negotiated. Once adopted, Andover will meet with the other
two communities and the Sheriff's Department to discuss its enforcement,
signing of the river, etc. Also, after City Council approval, it will be
. ~ent to the DNR for their review. He estimated this will not be in place
,ltil 1998. Enforcement may be difficult if the ordinance has been
adopted by Anoka and Ramsey but not by Andover. He was not aware of any
studies done regarding erosion on the river, though he could research
that further.
Regular Andover Planning and zoning Commission Meeting
Minutes - May 27, 1997
'Page 4
/
(Public Hearing: No Wake Ordinance/Rwn River, Continued)
MOTION by Wells, Seconded by Apel, to forward to the City Council a
recommendation to strongly support this ordinance and to put an
attachment to the City Council to ask the DNR to do a speedy review so
that it is enacted this summer_ Motion carried on a 4-Yes, 2-No (Barry,
Gamache), I-Absent (Squires) vote. This will be on the June 17, 1997,
City Council agenda. The Commission informed Mr. Engles he would hav~
three weeks to inform residents ?nd organize before it is heard by the
City Council. 7:35 p.m.
PUBLIC HEARING: AMEND ORDINANCE NO.8, SECTION 4.30, HOMB OCCUPATIONS -
REGARDING NON-CONFORMING HOMB OCCUPATIONS
7:35 p.m. Mr. Johnson explained Staff met with the City C0uncil
regarding the non-conforming home occupations existing prior to May 15,
1990, the date from when the ordinance was strictly enforced. The
concept of the ordinance before the Commission is to allow all of those
non-conforming home occupations to obtain a Special Home Occupation
Permit which would be granted administratively, not through the hearing
process. All applications would be granted this permit. The honor
,system will be used regarding the conditions being reported by the
,applicant. Those conditions would then have to be adhered to and the
non-conforming home occupation would not be allowed to increase the size
or manner of operation. Complaints would be investigated related to
nuisances, health and safety concerns or complaints related to the
conditions of the permit. This eliminates complaints based on
personalities and other matters. If the property owner is unwilling to
cooperate with Staff to correct a complaint, the permit for the hom~
occupation would be subject to revocation and, if needed, legal action.
The City Attorney has reviewed this proposed ordinance amendment and
application form and agrees with the language proposed. Staff supports
the amendment.
In answering questions of the Commissioners, Mr. Johnson note.:i the
inspection process has been taken out of this ordinance. It is an honor
system, and the applicant cannot expand the business from the conditions
noted in the application form. This will not prevent the Fire Marshal
or Building Official from making inspections as deemed necessary.
\...
Commissioner Wells was concerned with the taxes to be paid on these home
occupations, and what is the incentive for someone to come up and get
the permit. Mr. Johnson stated that is an issue with the Anoka County
assessor, but those businesses in Andover that are run from residences
are taxed at a commercial rate. Right now there are about 75 businesses
on the tax rolls where the homestead residence is primary with a
,secondary use as a commercial occupation. He did not know if that would
,also apply to the non-conforming occupations being addressed by this
ordinance. This approach has been taken in other communities to give
special acknowledgement to those people who have been operating for 10,
15 or 20 years and the ordinance was never enforced.
CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
DATE: August S. 1997
AGENDA SECTION
ORIGINATING DEPARTMENT
Discussion
Planning
ITEM NO.
Platting Ordinance No. 10
~t.ility Easements & Extensions
David L. Carlberg
Community Development Director
42-
At the July IS, 1997 City Council meeting, the issue was raised regarding the City's ability to require
the extension of utilities (sanitary sewer, water, etc.) to adjacent properties and the possibility of a
developer preventing their extension. The Council directed staffto review the Platting and Subdividing
Ordinance (Ordinance No.1 0) to determine if a provision exists to prevent a developer or landowner
from holding adjacent landowners hostage from getting utilities.
In reviewing Ordinance No.1 0, Staff discovered two sections that may apply. Section 13, Easements,
requires the subdivider prior to the submission of a final plat, Registered Land Survey (RLS) or land
subdivision to furnish to the City all easements for utilities, drainage, street right-of-way, surface water
\ ponding and such other public uses as found necessary, convenient or desirable by the City. No final
plat shall be approved by the City Council until there has been full compliance with this section,
Section 9.04, Easements, Subp. A, Utility, requires that easements at least twenty feet wide, centered on
rear and side lot lines be provided for utilities where required by the Platting Authority.
If the Council, after discussing and reviewing these sections, feels the need for additional provisions
controlling the extension of utilities, Staff has prepared the attached draft amendment to Ordinance No.
10, Section 13 for Council consideration. An amendment to the ordinance will require a public hearing.
Staffwill schedule a hearing before the Planning and Zoning Commission at the direction of the
Council.
/
,
J
K. All utility and drainage easements, and the dimensions
thereof, shall be shown.
@
L. The names and platting of adjoining subdivisions shall be
shown and identified by dotted lines to a distance of one
hundred (100') feet from the boundaries of the subdivision
under consideration. Lot, block and street arrangements of
such adjoining subdivisions shall be shown. Where adjacent
land is unplatted, it shall be so indicated.
M. Before any residential plat may be approved and before any
permit may be issued for a residence therein, the subdivider
shall first present competent proof that the natural ground
water level at all times in said subdivision is not less than
three (3') feet below the level of the lowest portion of the
proposed structure, or that a satisfactory system of ground
water control will be constructed as an integral part of the
proposed residential subdivision.
SECTION 12. REGISTERED LAND SURVEYS. The provisions of this
Ordinance shall apply to all registered land surveys within the
City, and the standards, regulations and procedures hereof shall
govern the subdivision of land by registered land survey.
Building permits shall be withheld on tracts which have been
subdivided by unapproved registered land surveys; and the City
shall decline to accept tracts as streets or roads or to improve,
repair or maintain such tracts within an unapproved registered
land survey.
/
SECTION 13. EASEMENTS. Prior to the submission of a final plat,
registered land surveyor land subdivision to the Council for
approval, the subdivider shall furnish the City with all easements
for utilities, drainage, street rights-of-way, surface water
ponding, and such other public uses as shall be found to be
necessary, convenient or desirable by the City. Said easements
shall be in proper form for recording in the Office of the
Recorder of Anoka County. Duplicate certificates of title shall
be made available for the filing of easements on registered land.
No final plat shall be approved by the Council until there has
been full compliance with this section.
SECTION 14. RESTRICTIONS ON FILING AND RECORDING CONVEYANCES.
14.01 Restrictions on Filing and Recording. No conveyance of
land to which the regulations are applicable shall be filed or
recorded, if the land is described in the conveyance by metes and
bounds or by reference to an unapproved registered land survey
made after April 21, 1961 or to an unapproved plat made after such
regulations become effective. The foregoing provision does not
apply to a conveyance if the land described (lOA, 9-10-74):
A. Was a separate parcel of record April 1, 1945 or the date
of adoption of subdivision regulations under Laws 1945,
Chapter 287, whichever is the later, or of the adoption of
subdivision regulations pursuant to a home rule charter, or
B. Was the subject of a written agreement to convey entered
into prior to such time,
Page 26
J. Reserve Strips. Reserve strips controlling access to
streets are prohibited.
K. Private Streets. Private streets shall
All proposed streets shown on the plat shall
dedication as public streets.
not be approved.
be offered for
L. Adjoining Property. Street rights-of-way shall not be
planned so as to cause hardship to owners of adjoining
property.
M. Intersections. The angle formed by the intersection of
streets shall not be less than sixty (60) degrees, with ninety
(90) degree intersections preferred. Intersections of more
than four (4) corners are prohibited. Access to a street
shall be not less than sixty (60') feet from an intersection. ,
N. Boulevard Sodding. In subdivisions where sewer and water
is going to be installed four (4") inches of topsoil and
boulevard sodding shall be required. In others, four (4")
inches of topsoil shall be spread, seeded, mulched and disc
anchored. (lOX, 6-6-95)
o. Tangent. A tangent of at least one hundred (100') feet in
length shall be introduced between reverse curves on
thoroughfare and collector streets, and a tangent of at least
fifty (50') feet in length shall be introduced between reverse
curves on all other streets except selected minor streets and
lanes.
P. Corners. Rights-of-way of street intersections shall be
rounded by a radius of not less than twenty (20') feet. (lOA,
9-10-74)
Q. Collector. As defined for this section are feeders to the
arterial roads as defined in the Comprehensive Plan or general
with a ADT of 1,00 or greater or a Municipal State Aid Street
for the City. (lOX, 6-6-95)
9.04 Easements.
@
A. utility. Easements at least twenty (20') feet wide,
centered on rear and side lot lines shall be provided for
utilities where required by the Platting Authority. utility
easements shall have continuity of alignment from block to
block and lot to lot. Easements may be required along lot
lines to rights-of-way so as to provide for street lighting.
B. Drainage. where a subdivision is traversed by a water
course, drainage way or stream, a drainage easement conforming
substantially with the lines of such water course shall be
provided, with further width, as shall be adequate for storm
water drainage of the areas.
'\ 9.05 Blocks.
A. Lengths. The maximum length of blocks shall be 1320 feet.
Pedestrian ways at least ten (10') feet wide may be required
Page 14
, /
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
Ordinance No. lOZ
AN ORDINANCE AMENDING ORDINANCE NO. 10, THE SUBDIVISION AND
PLATTING ORDINANCE OF THE CITY OF ANDOVER.
THE CITY COUNCIL OF THE CITY OF ANDOVER HEREBY ORDAINS:
Ordinance No. 10 is hereby amended as follows:
SECTION 13. EASEMENTS
The Citv shall require as a condition of the approval of the preliminarv plat the dedication
of all easements for utilities. drainage. street rights-of-wav. surface water ponding and
such other public uses as shall be found necessarv. convenient or desirable bv the Citv to
ensure the timelv extension of utilities to adiacent properties in accordance with Exhibit
A of the Development Policv Guideline adopted bv the City Council and on file in the
Office of the Citv Clerk.
\
Prior to the submission of a final plat (whether over all or a portion of an approved
preliminarv plat). registered land surveyor land subdivision to the Council for approval,
the subdivider shall furnish the City with all easements for utilities, drainage, street
rights-of-way, surface water ponding, and such other public uses as shall found to be
necessary, convenient or desirable by the City. Said easements shall be in proper form
for recording in the Office of the Recorder of Anoka County. Duplicate certificates of
title shall be made available for the filing of easements on registered land. No final plat
shall be approved by the City Council until there has been full compliance with this
section.
All other sections of this ordinance shall remain as written and adopted by the Andover
City Council.
Adopted by the City Council ofthe City of Andover on this _ day of
,1997.
CITY OF ANDOVER
ATTEST:
J.E. McKelvey, Mayor
Victoria V olk, City Clerk
I
CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
\
)
DATE: August 5. 1997
AGENDA SECTION
ORIGINATING DEPARTMENT
Discussion Item
Administration
Richard Fursman
ITEM NO.
\D.
Draft 1998 North Metro Mayors Association Workplan
Request:
The city council is requested to consider the 1998 fee schedule and work plan outline of the North Metro
Mayors Association (NMMA). The work-plan is attached in outline form, and the fee schedule is also
attached.
For 1998, Andover is expected to pay 100% of the formula cost of belonging to the NMMA. The
formula calculates to a figure of $11,077 for 1998 as compared to the 1997 member fee of $9,500.
\ Andover was given a break in the fee structure over the past four years.
/
If there are any comments this item should be taken off the consent agenda.
,
/
Draft 1998 NMMA W()_r.!<plan
--
Policy Areas:
i
. Transportation
o Statewide Funding
o Federal Funding
o NM Transportation Projects
o Coordination with Metro Agencies and MnDOT
. Transit
o Transit Funding
o NM Coordination/N ew Programs
. Economic Development and Redevelopment
o TIF
o Special Economic Development Legislation
o l'vln Solutions Coordination (Economic development and redevelopment strategies)
. Tax Issues
o LGAlHACA
o Fiscal Disparities
o Tax Reform
o Levy Limits
. Housing
o Regional Spokesperson
o Existing Housing Program Facilitator
o Special Legislation
. Environment and Land Use Planning
o Special Legislation
o Clean Up Funding
o Mn Solutions Coordination
. Metro Council
o Growth Options
o Livable Communities
. Airport
o Growth Management
o Regional Issues
"
I
Regional Economic Development and Marketing
. Administration - Direct NMMA's 1998 Work Plan
. Economic Development Programs and Policy Areas
OBi-Annual Economic Development Planning Conference
o Community Tours Focused on Development/Redevelopment Activities - Invite
Elected officials, Financial-Broker-Developer Communities
. Design and Implement Collaborative Economic Development Strategies Initially Focused
Around Communities Having Common Transportation Corridors
. Common Marketing Program
. Business Data Base Management
o Retention Strategies
U:\NMMA\98PLAN.DOC
1
o Attraction Strategies
. Design Economic Development Products. Services and Tools
~
,
"-
""""'
Potential Unique Tools for NMMA members:
o North r-.,.Ietro Development Corporation
o Special Development/Redevelopment TIF Districts
o Special Ta.'<ing District
o Mpls Common Bond Fund Partnership
Potential Regional A.pproach to Economic Development and Revenue Generators
o Regional Municipal Utilities
o Retail Wheeling of Electric Power
o Regional Underground Rate Base
o Regional Telecommunication Strategies
o Regional Municipal Property Insurance Company
o Reimbursement for 1st Response - Emergency Calls
Sub-Regional Planning
(Do not have to be members ofNMMA - Linkage through joint powers to access special tools,
programs, etc.) Follow NM 1-3SW Coalition model for planning and implementation coalitions.
'.
Possible Corridor Planning Groups
. NM 1-3SW Coalition
. Highway 100 Coalition
. 610 Crossing Coalition
. Highway 47 and 65 Coalition
. Highway 10 Coalition
. 1-694 Coalition
. Highway 169 Coalition
. Others
/
Products and Services Provided to Corridor Planning Groups:
. Provide management systems
. Provide joint marketing, communication and public relations components
. Provide governmental relations assistance
. Provide economic development strategies and tools
. Provide housing and neighborhood redevelopment assistance
. Provide business data base management services
. Provide public education component
. Coordinate with other governmental bodies. e.g., counties, school districts, etc.
Governmental and Public Relations
U:\NMMA\98PLAN.DOC
2
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CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
I
DATE AUlwst 5.1997
AGENDA SECTION
EDA
ORIGINA TING DEPARTMENT
Finance
JeanD, McGann
lITEM NO. LI.
AUTHORIZE EXECUTION & DELIVERY OF GROUND LEASE
REOUEST:
The Andover Economic Development Authority is requested to authorize the attached resolution for the
\ execution and delivery of a Ground Lease agreement, Lease with option to purchase agreement and continuing
, disclosure undertaking,
BACKGROUND:
The Andover Economic Development Authority has made the decision to proceed with the Public Works
expansion and to issue a Revenue Bond for the project. This resolution is part of the process to comply with
regulations for this type of Bond issue,
,
, J
\
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,
;' 356761.1
RESOLUTION NO.
REVENUE BOND RESOLUTION
$2,350,000
PUBLIC PROJECT REVENUE
BONDS OF 1997
(CITY OF ANDOVER, LEASE PURCHASE PROJECT)
ECONOMIC DEVELOPMENT AUTHORITY OF THE CITY OF ANDOVER
ADOPTED: August 5, 1997
TABLE OF CONTENTS
"
i
ARTICLE ONE - DEFINITIONS, EXHIBITS, LEGAL AUTHORIZATION AND
FINDINGS
Definitions . . . .
Exhibits . . . . . .
Legal Authorization
Findings .
I-I.
1-2.
1-3.
1-4.
ARTICLE TWO - BONDS .
2-1. Authorized Amount and Form of Bonds
2-2. Initial Issue . . . . . .
2-3. Execution . . . . . . . . . . . . .
2-4. Delivery of Initial Issue . . . . .
2-5. Issuance of Additional Parity Bonds
2-6. Mutilated, Lost or Destroyed Bonds.
2-7. Ownership of Bonds. . . . . . . . .
2-8. Delivery of Temporary Bond. . . . .
2-9. Registration, Transfer and Exchange of Bonds
2-10. Interest Rights Preserved; Dating of Registered
Bonds . . . . . . . .
Other Revenue Bonds
Book-Entry Only System . .
Termination of Book-Entry Only System
Continuing Disclosure
2-11.
2-12.
2-13 .
2-14.
,
/
ARTICLE THREE - REDEMPTION OF BONDS BEFORE MATURITY
3-1. Redemption. . . . . . .
3-2. Notice of Redemption. .
3-3. Procedure for Redemption
3-4. Cancellation. . . . .
ARTICLE FOUR - GENERAL COVENANTS
4-1. Payment of Principal and Interest
4-2. Performance of and Authority for Covenants
4-3. Title and Instruments of Further Assurance
4-4. Taxes, Assessments and Charges
4-5. Maintenance and Repair
4-6. Recording and Filing
4-7. Books and Records
4-8. Names of Bondholders
4-9. Nature of Security.
4-10. Disposition of Pledged Funds
4-11. Enforcement of Covenants . .
4-12. Covenant to Lease, Sell and Operate
4-13. Acceleration. . . . . . . . .
4-14. Tax Exempt Status of Bonds; No Designation of
QTEO . . . . . . . . . . . . . .
4-15. Conditions to Authority Action.
/
356761.1
Paae
1
1
5
5
6
8
8
18
18
19
19
20
21
21
21
22
22
23
24
25
26
26
26
27
27
28
28
28
28
29
29
29
29
30
30
30
31
33
33
34
34
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ARTICLE FIVE - FUNDS AND ACCOUNTS .
5-1. Deposit of Bond Proceeds
5-2. Intentionally Omitted
5-3. Intentionally Omitted
5-4. Intentionally Omitted
5-5. Intentionally Omitted
5-6. Bond Fund . . . . . .
5-7. Intentionally Omitted
5-8. Intentionally Omitted.
5-9. Deposit of Funds with Paying Agent
5-10. Priority of Payment and Application of Moneys
35
35
35
35
35
35
35
36
36
36
36
ARTICLE SIX - POSSESSION, USE AND RELEASE OF PROPERTY 39
6-1. Possession and Use. . . . . . . . . . 39
6-2. Easement for Access or Utility Service 39
6-3. Release of Encumbered Equipment 39
6-4. Release of Unimproved Land 40
ARTICLE SEVEN - INVESTMENTS . . . . 41
7-1. Investments by AUTHORITY 41
7-2. Return on Investments 41
ARTICLE EIGHT - DISCHARGE OF OBLIGATIONS TO BONDHOLDERS 42
8-1. Conditions of Discharge . . . . . . . . . . 42
8-2. Payment of Bonds . . . . . . . . . . . . . . 42
8-3. Cancellation of Surrendered Bonds and Coupons 43
ARTICLE NINE - SUPPLEMENTAL AND AMENDATORY RESOLUTIONS 44
9-1. Supplemental and Amendatory Resolutions Not
Requiring Consent of Bondholders . . . . . . 44
9-2. Supplemental and Amendatory Resolutions Requiring
Consent of Bondholders 44
ARTICLE TEN
10-1.
10-2.
- AMENDMENT TO LEASE
Amendments Without Bondholder Consent
Amendments Requiring Bondholder Consent
46
46
46
ARTICLE ELEVEN - MISCELLANEOUS 48
11-1. Consent of Bondholders 48
11-2. Notice of Amendments 48
11-3. Severability . . . . . 49
11-4. Authentication of Transcript 49
11-5. Limitation of Liability. . . 49
11-6. Registration of Bond Resolution 49
11-7. Approval of Lessee . . . . . . 50
11-8. Authorization to Execute Lease and Incidental
Documents . . . . . . . . . . . . . . . . . . 50
SIGNATURES
. . . . . . . . . . . . . . . . . . . . . . . . .
46
EXHIBITS
356761.1
REVENUE BOND RESOLUTION
\
BE IT RESOLVED by the Economic Development Authority of
the City of Andover:
ARTICLE ONE
DEFINITIONS, EXHIBITS, LEGAL AUTHORIZATION AND FINDINGS
1-1. Definitions.
The term used herein, unless the context hereof shall
require otherwise shall have the following meanings, and any
other terms defined in the Lease shall have the same meanings
when used herein as assigned to them in the Lease unless the
context or use thereof indicates another or different meaning or
intent.
Act: collectively the Issuer Powers Act and the Lessee
Powers Act as amended from time to time.
Additional Bonds: any additional Bonds issued pursuant to
the terms and conditions of Section 2-5 hereof.
Authenticatina Aaent: the Paying Agent.
AUTHORITY: the Economic Development Authority of the City
./ of Andover and any successor public entity.
Beneficial Owner: means the person for which a DTC
Participant holds an interest in the Bonds as shown on the books
and records of the DTC Participant.
Bond Closina: the date on which there is delivery of and
payment for the Bonds.
Bond Counsel: the firm of Briggs and Morgan, Professional
Association, of Saint Paul and Minneapolis, Minnesota, or any
other attorney designated by the AUTHORITY duly admitted to
practice law before the highest court of any state and nationally
recognized in the field of municipal finance, and any opinion of
Bond Counsel shall be a written opinion of such Counsel.
Bond Fund: the Bond Fund created under Section 5-6 hereof.
Bond Reaister: the register maintained by the Bond
Registrar pursuant to Section 2-9.
356761.1
\
Bond Reaistrar: First Trust National Association, in St.
Paul, Minnesota and any duly appointed successor Bond Registrar.
Bondholder: any Holder of a Bond.
Bonds: the Public Project Revenue Bonds of 1997 (City of
Andover Lease Purchase Project) .
Business Day: any day other than a Saturday, Sunday, legal
holiday or a day on which banking institutions in the City were
the principal office of the paying Agent is located are
authorized by law or executive order to close.
Cede & Co.: means, initially, Cede & Co., as nominee of DTC
and any successor or subsequent such nominee designated by DTC
respecting DTC's functions as book-entry depository for the
Bonds.
Condemnation: requisition or taking by governmental
authority or by a person, firm or corporation acting under
governmental authority and a conveyance made under threat of
Condemnation provided such conveyance is made with the approval
of the AUTHORITY, which approval shall not be unreasonably
withheld, and Condemnation award shall include payment for
property taken or requisitioned or conveyed under threat of
Condemnation.
,
Countv Recorder: the County Recorder for Anoka County.
DTC: means Depository Trust Company, New York, New York, a
limited purpose trust company organized under the laws of the
State of New York, or any successor book-entry securities
depository for the Bonds appointed pursuant to Section 2.12.
DTC Participant: means those broker-dealers, banks and other
financial institutions from time to time for which DTC holds
Bonds or Securities as depository.
Financial Journal: Northwestern Financial Review or any
other newspaper or journal devoted to financial news circulated
in the English language in Minneapolis and St. Paul, Minnesota.
Ground Lease: the Ground Lease Agreement dated as of
September 1, 1997 between the Lessee as Lessor, and the AUTHORITY
as lessee, whereby the Lessee leases the Land to the AUTHORITY.
Holder: the person in whose name any Bond is registered, as
shown on the Bond Register maintained by the Bond Registrar.
~
356761.1
2
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Independent: any person who is not a full time employee of
the AUTHORITY or the Lessee.
Independent Accountant: a certified public accountant or
firm of certified public accountants registered, Independent and
qualified to practice as such under the laws of Minnesota, and
not regularly employed by the AUTHORITY or the Lessee except to
perform independent audits of the books and records of either or
both of them or to make other similar periodic reviews.
Independent Counsel: an attorney or firm of attorneys
designated by the AUTHORITY, Independent and duly admitted to
practice law before the highest court of any state.
Independent Enaineer: an architect or engineer or
architectural or engineering firm designated by the AUTHORITY,
Independent, and registered and qualified to practice such
profession under the laws of Minnesota.
Internal Revenue Code: the Internal Revenue Code of 1986,
as amended.
Issuer Powers Act: Minnesota Statutes, Section 469.090
through 469.108, as from time to time amended.
Land: the parcel or parcels or other interests in real
estate leased to the AUTHORITY under the Ground Lease and
1 described in Exhibit A to the Lease.
/
Lease: the Lease with Option to Purchase Agreement dated
September 1, 1997, whereby the AUTHORITY proposes to lease, or
sublease as to the Land, the Project to the Lessee, a form of
which Lease is on file in the office of the AUTHORITY.
Lease Pavrnents: Rental Payments payable to the AUTHORITY
under Section 5.1 of the Lease.
Lessee: the City of Andover, Minnesota, or any successor to
its functions.
Lessee Powers Act: Minnesota Statutes, Section 469.041 and
465.71, as from time to time amended.
Net Proceeds: with respect to any property insurance pay-
ment or Condemnation award, the amount remaining after deduction
of all expenses reasonably incurred by the AUTHORITY in the
collection thereof, including but not limited to attorneys' fees,
witness fees and any extraordinary expenses of the AUTHORITY.
, ,
)
356761.1
3
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Net Revenues: all sums realized from the operation of all
or any part of the Project by the AUTHORITY after deducting all
necessary reasonable current costs of operation of the Project
incurred by the AUTHORITY determined in accordance with accepted
accounting practice, including, but without limitation,
administrative expenses incurred solely with respect to the
operation of the Project; current maintenance and repairs
necessary to maintain the Project in adequate repair and
operating condition; labor and the cost of material and supplies
necessarily used for such current operation, maintenance and
repairs; insurance of the premises against risks and in amounts
for which insurance is usually carried by prudent owners of like
properties, including but not limited to insurance required by
the Lease; insurance of the AUTHORITY and its officers and
employees against liability for damage to persons and property
incurred in connection with such operation, in amounts such as
are usually carried by prudent operators of similar enterprises,
or in lesser amounts to which AUTHORITY's liability may be
limited by law; and charges for the accumulation of appropriate
reserves for the payment of operating costs which recur
periodically but in varying amounts. The operating costs of the
Project shall also include the cost of any renewal, replacement
or improvement of or additions to capital assets incurred by the
AUTHORITY to facilitate the lease, sale or other disposition of
the Project after any termination of the Lease. The operating
costs of the Project shall not, however, include any allowance of
payment for depreciation; any portion of the salary or wages paid
to any officer or employee of the AUTHORITY, except such portion
as represents reasonable compensation for the performance of
duties necessary exclusively for the operation of such Project,
and not for other operations of the AUTHORITY; or any liability
incurred by the AUTHORITY or any officer or employee for damage
to persons or property, in excess of the amount of such liability
compensated by insurance. The Net Revenues from the operation of
the Project constitute all of the revenues from time to time
received from the operation of the Project, including any
improvements thereto, in excess of said operating costs incurred
and payable or to become payable within one month and any
reasonable reserve therefor. In addition Net Revenues shall
include all sums realized from the sale of all or any part of the
Project after deducting all necessary reasonable costs of the
sale incurred by the AUTHORITY.
Outstandina: used as any particular time with reference to
Bonds, means all Bonds theretofore executed and delivered by the
AUTHORITY under this Resolution except: (i) Bonds theretofore
canceled by the AUTHORITY or surrendered to the AUTHORITY for
cancellation; (ii) Bonds fully paid or otherwise discharged under
Article Eight hereof; and (iii) Bonds in lieu of or in
substitution for which other Bonds shall have been executed and
356761.1
4
"
delivered by the AUTHORITY pursuant to the terms of Section 2-6
of the Resolution pertaining to replacement of Bonds.
pavina Aaent: First Trust National Association, in St.
Paul, Minnesota, or any other bank designated pursuant to this
Resolution as the agent of the AUTHORITY to receive and disburse
the principal and interest on the Bonds.
Pro;ect Acauisition Fund: the Project Acquisition Fund
described in Section 5-1.
Purchaser: Juran & Moody, in St. Paul, Minnesota.
Representation Letter: means such letter of representations
to DTC or other documentation required by DTC as a condition to
its acting as book-entry depository for the Bonds together with
any replacement thereof or amendment or supplement thereto (and
including any structured procedures or policies referenced
therein or applicable thereto) respecting the procedures and
other matters relating to DTC's role as book-entry depository for
the Bonds.
Representative: the President of the AUTHORITY or the Mayor
of the Lessee, or any other person at any time designated to act
on behalf of the AUTHORITY or the Lessee as the case may be, as
evidenced by a written certificate furnished to the other party
containing a specimen signature of such person and signed for the
\ AUTHORITY by its President or for the Lessee by its Mayor.
j
Resolution: this resolution of the AUTHORITY. All
references in this Resolution to designated "Articles,"
"Sections" and other subdivisions are to the designated Articles,
Sections and subdivisions of this instrument as originally
executed. The words "herein," "hereof" and "hereunder" and other
words of similar import refer to this Resolution as a whole not
to any particular Article, Section or subdivision.
1-2. Exhibits.
The following Exhibits are attached to and by reference
made a part of this Resolution:
(1) Exhibit A: legal description of the Land; and
(2) Exhibit B: description of equipment to be included in
the Project.
1-3. Leaal Authorization.
j
356761.1
5
The AUTHORITY is a body corporate and politic organized
\ and existing under the Issuer Power Act, and is authorized under
) said laws to initiate the Project herein referred to, and to
issue and sell bonds for that purpose in the manner and upon the
terms and conditions set forth in the Issuer Power Act, and in
this Resolution.
1-4. Findinqs.
The AUTHORITY has heretofore determined, and does
hereby determine, as follows:
(1) the AUTHORITY is authorized by the Issuer Powers Act to
acquire the Land for the public purposes expressed in the Issues
Powers Act, provided for installation and construction of the
Project Equipment and Improvements therefor and to lease, or as
for the Land sublease, the Project upon the terms set forth
thereon.
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(2) the AUTHORITY has made the necessary arrangements with
the Lessee, for the establishment within the City of Andover,
Minnesota of a Project consisting of property to be used as a
public works building, all as more fully described in the Lease
and which will be of the character and accomplish the purposes
provided by the Issuer Powers Act; and the AUTHORITY has by this
Resolution authorized the Project and execution of the Lease,
specifying the terms and conditions of the acquisition,
installation, improvement and construction of the Project and of
the leasing or, as for the Land, subleasing of the same to the
Lessee;
(3) in authorizing the Project the AUTHORITY's purpose is,
and in its judgment the effect thereof will be, to promote the
public welfare by providing publicly owned facilities required
for governmental services needed for: the attraction,
encouragement and development of economically sound industry so
as to prevent, so far as possible, the emergence of blighted and
marginal lands and areas of chronic unemployment; the development
of industry to use the available resources of the community in
order to retain the benefit of the community'S existing invest-
ment in educational and public service facilities and to halt the
movement of talented, educated personnel of mature age to other
areas, thus preserving the economic and human resources needed as
a base for providing governmental services and facilities; the
provision of accessible employment opportunities for residents in
the area; and the expansion of an adequate tax base of the City
of Andover to finance the increase in the amount and cost of
governmental services, including educational services for the
School District of the City;
/
356761.1
6
(4) the amount estimated to be necessary to finance the
, Cost of the Project will require the issuance, sale and delivery
, ) of Bonds in the aggregate principal amount of $2,350,000 as
hereinafter provided;
(5) it is desirable, feasible and consistent with the
objects and purposes of the Issuer Powers Act to issue the Bonds,
for the purpose of acquiring, constructing, improving and
installing the Project;
(6) the Bonds and the interest thereon do not constitute an
indebtedness of the AUTHORITY or the City of Andover within the
meaning of any constitutional or statutory limitation and do not
constitute or give rise to a pecuniary liability or a charge
against the general credit or taxing powers of the AUTHORITY or
the City and neither the faith and credit nor the taxing powers
of the AUTHORITY or the City is pledged for the payment of the
Bonds or interest thereon; and
(7) the Purchaser has offered to purchase said Bonds in
accordance with the terms and conditions of this Resolution.
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356761.1
7
ARTICLE TWO
,
) BONDS
2-1. Authorized Amount and Form of Bonds.
Bonds issued pursuant to this Resolution shall be in
substantially the form set forth herein, with such appropriate
variations, omissions and insertions as are permitted or required
by this Resolution, and in accordance with the further provisions
of this Article, and the total principal amount of Bonds that may
be outstanding hereunder is expressly limited to $2,350,000
unless Additional Bonds are authorized as provided in 2-5 or
duplicate Bonds are issued pursuant to Section 2-6. Said Bonds
shall be in substantially the following form:
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356761.1
8
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[FORM OF BOND]
UNITED STATES OF AMERICA
STATE OF MINNESOTA
COUNTY OF ANOKA
ECONOMIC DEVELOPMENT AUTHORITY OF THE CITY OF ANDOVER
No. R -
$
Public Project Revenue Bond of 1997
(City of Andover Lease With Option to Purchase Project)
Rate
Maturitv
Date of Oriainal Issue
CUSIP
September 1, 1997
The ECONOMIC DEVELOPMENT AUTHORITY OF THE CITY OF ANDOVER a
public body corporate and politic and a political subdivision in
the County of Anoka and State of Minnesota (the "Authority"), for
value received, hereby promises to pay, but only from its 1997
Public Project Revenue Bond Fund (the "Bond Fund"), to
or registered assigns, the principal sum of
dollars ($
on the maturity date specified above upon the presentation and
surrender hereof, and to pay to the registered owner hereof
interest on such principal sum from such Bond Fund at the
interest rate specified above from September 1, 1997, or the most
recent interest payment date to which interest has been paid or
duly provided for, as specified below, commencing on December 1,
1997 and semiannually thereafter on June 1 and December 1 of each
year until said principal sum is paid. Principal and interest
are payable in lawful money of the United States of America at
the office of First Trust National Association, in St. Paul,
Minnesota, as Paying Agent and Bond Register or any successor
named pursuant to the terms of the Bond Resolution hereinafter
described. Interest shall be paid on each June 1 and December 1
interest payment date by check or draft mailed to the person in
whose name this Bond is registered at the close of business on
the preceding May 15 and November 15 (whether or not a business
day) at the address set forth on the registration books
maintained by the Bond Registrar. Any such interest not
punctually paid or provided for will cease to be payable on such
regular record dates and such defaulted interest may be paid to
the person in whose name this Bond shall be registered at the
close of business on a special record date for the payment of
356761.1
9
such defaulted interest established by the Authority pursuant to
the Bond Resolution.
/
So long as this Bond is immobilized in global book-entry
form registered in the name of the nominee of DTC, as defined in
the Bond Resolution payments of principal of, premium, if any,
and interest on this Bond shall be made as provided in the
Representation Letter, as defined in the Bond Resolution and
surrender of this Bond shall not be required for payment of the
redemption price upon a partial redemption of this Bond or for
optional or mandatory purchases of this Bond or portions thereof.
Until termination of the book-entry only system pursuant to the
Bond Resolution, Bonds may be registered only in the name of DTC
or its nominee, and notwithstanding express provisions of this
Bond providing other or contrary results, the Representation
Letter (which includes the applicable practices and procedures of
DTC) shall apply to this Bond.
ADDITIONAL PROVISIONS OF THIS BOND ARE CONTAINED ON THE
REVERSE HEREOF AND SUCH PROVISIONS SHALL FOR ALL PURPOSES HAVE
THE SAME EFFECT AS THOUGH FULLY SET FORTH AT THIS PLACE.
IT IS HEREBY CERTIFIED, RECITED AND DECLARED that the
Authority has duly created said Bond Fund and has pledged and
appropriated thereto certain rentals from the Project referred to
in the Lease hereinafter defined; that it will promptly give all
notices and do all other acts and things required under the terms
/ of said Lease for the performance of its obligations and for the
enforcement of all obligations of the Lessee and for the
collection of all rentals when due; that this Bond is secured by
a pledge of and first lien upon said rentals from said Project as
more fully provided in the Bond Resolution authorizing these
Bonds and the Lease, and no additional revenue bonds or other
obligations will be issued and made payable from such rentals and
Net Revenues on a parity herewith except as specifically provided
in the aforesaid Resolution; that all acts, conditions and things
required by the Constitution and laws of the State of Minnesota
to be done, to exist, to happen and to be performed in order to
make this Bond a valid and binding special obligation of the
Authority according to its terms have been done, do exist, have
happened and have been performed in regular and due form, time
and manner as so required; and that the issuance of this Bond
does not cause the special or general indebtedness of the
Authority to exceed any constitutional or statutory limitation.
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356761.1
10
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IN WITNESS WHEREOF, the Economic Development Authority of
the City of Andover has caused this Bond to be executed on its
behalf by the facsimile signatures of its President and
Secretary, authenticated by the manual signature of a
representative of First Trust National Association, as
Authenticating Agent, the seal of the Authority having been
intentionally omitted as permitted by law and has caused this
Bond to be dated as of September 1, 1997.
Facsimile
President
Facsimile
Secretary
Attest:
FIRST TRUST NATIONAL ASSOCIATION
St. Paul, Minnesota
as Authenticating Agent
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356761.1
[FORM OF REVERSE OF THE BOND]
,
Bonds maturing on December 1, 2005 and thereafter are
subject to redemption and prepayment, in whole or in part, and if
in part, of any maturity designated by the Lessee and by lot
within a maturity, and in integral multiples of principal amount
of $5,000, at the option of the Authority acting at the direction
of the Lessee, on December 1, 2004 and on any interest payment
date thereafter at a redemption price equal to par plus accrued
interest. If (a) all or any part of the Project is lost, stolen,
condemned, destroyed or damaged beyond repair, (b) Lessee fails
to notify the Authority of which course of action Lessee plans to
take as required under Section 6.6 of the Lease and (c) Lessee
pays to the Authority a sum equal to the Casualty Value of the
Project under Section 6.6 of the Lease, on the first day of the
month next succeeding such payment before which month timely
notice of redemption can be given under Section 3-2 of the Bond
Resolution, all Bonds shall be called for and are subject to
redemption and prepayment in whole and not in part, at a
redemption price equal to par plus accrued interest. If an Event
of Default should occur and subsist under the Lease or if the
Lease should be terminated on account of a Non-appropriation
pursuant to Section 4.1 of the Lease, all Bonds then outstanding
may, at the option of the Authority, become or be declared due
and payable before the stated maturity thereof, together with
interest accrued thereon, all as provided in the Bond Resolution.
\
Prior to the date on which any Bond or Bonds are
directed by the Authority to be redeemed in advance of maturity,
the Authority will cause notice of the call thereof for
redemption identifying the Bonds to be redeemed to be mailed to
the Paying Agent and all Bondholders, at the addresses shown on
the Bond Register. All Bonds so called for redemption will cease
to bear interest on the specified redemption date, provided funds
for their redemption have been duly deposited.
,
/
To effect a partial redemption of Bonds having a common
maturity date, the Bond Registrar shall assign to each Bond
having a common maturity date a distinctive number for each
$5,000 of the principal amount of such Bond. The Bond Registrar
shall then select by lot, using such method of selection as it
shall deem proper in its discretion, from the numbers assigned to
the Bonds, as many numbers as, at $5,000 for each number, shall
equal the principal amount of such Bonds to be redeemed. The
Bonds to be redeemed shall be the Bonds to which were assigned
numbers so selected; provided, however, that only so much of the
principal amount of such Bond of a denomination of more than
$5,000 shall be redeemed as shall equal $5,000 for each number
assigned to it and so selected. If a Bond is to be redeemed only
in part, it shall be surrendered to the Bond Registrar (with, if
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356761.1
12
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the Authority or Bond Registrar so requires, a written instrument
of transfer in form satisfactory to the Authority and Bond
Registrar duly executed by the Holder thereof or his, her or its
attorney duly authorized in writing) and the Authority shall
execute (if necessary) and the Bond Registrar shall authenticate
and deliver to the Holder of such Bond, without service charge, a
new Bond or Bonds of the same series having the same stated
maturity and interest rate and of any authorized denomination or
denominations, as requested by such Holder, in aggregate
principal amount equal to and in exchange for the unredeemed
portion of the principal of the Bond so surrendered.
"
This Bond is one of an issue in the aggregate principal
amount of $2,350,000, all of like date of original issue and
tenor, except as to number, interest rate, maturity, denomination
and redemption privilege, issued in accordance with an
authorizing resolution (the "Bond Resolution") duly adopted by
the Authority, setting forth the terms upon which such Bonds are
issued and describing the security therefor, to which Bond
Resolution reference is made for a full description of such
terms, conditions and security. The Bonds of this series are
issued by the Authority for the purpose of financing a project
(the "Project") consisting of the construction and acquisition of
a building or buildings, improvements and equipment thereon
(hereinafter called Project) pursuant to Minnesota Statutes,
Sections 469.090 through 469.108 including the payment of all
expenses incidental thereto, and the leasing of the Project under
the provisions of a Lease With Option to Purchase Agreement (the
"Lease") between the Authority and the City of Andover (the
"Lessee"), dated September 1, 1997.
The Bonds of this series are equally and ratably secured by
the Bond Resolution, and reference is made to the Lease and Bond
Resolution and amendments thereof for a description of the
revenues pledged to secure the payment of the Bonds, the nature
and extent of the security thereby created, the rights of the
registered owners of the Bonds, the rights, duties, immunities
and obligations of the Authority and the rights, duties and
obligations of the Lessee. The obligation of the Lessee under
the Lease to make Rental Payments sufficient to pay the principal
of and interest on the Bonds when due is a binding and
enforceable obligation of the Lessee, but is subject to a right
to terminate the Lease at the end of any fiscal year during its
term, as more fully provided in the Lease.
This Bond and the series of which it forms a part, are
issued pursuant to and in full compliance with the Constitution
and laws of the State of Minnesota, and pursuant to the Bond
Resolution adopted and approved by the Authority, which
resolutions authorized the Project and the issuance of these
"
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356761.1
13
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Bonds as special obligations payable solely from revenues derived
by the Authority from the Project. Rental Payments are to be
paid to the Authority and credited to the Bond Fund as a special
trust fund account created by the Authority and have been and are
hereby pledged for that purpose. No Additional Bonds, payable
from the Bond Fund may be issued on a parity with the Bonds of
this issue except as provided in the Bond Resolution. The Bonds
do not constitute an indebtedness of the Authority or the Lessee
within the meaning of any constitutional provision or statutory
limitation and do not constitute nor give rise to a pecuniary
liability or moral obligation of the Authority or the Lessee or,
to the extent permitted by law, any of their respective officers,
employees and agents, nor a charge against their general credit
or taxing powers of the Authority or the Lessee; and neither the
full faith and credit nor the taxing powers of the Authority or
the Lessee is pledged for the payment of the Bonds or interest
thereon.
No holder of any Bond issued under the Bond Resolution
shall have the right to institute any proceedings, judicial or
otherwise, for the enforcement of the covenants therein contained
without the written concurrence of the Holders of not less than
twenty-five percent (25%) in aggregate principal amount of such
Bonds which are at that time outstanding, but the Holders of such
principal amount of Bonds may, either at law or in equity, by
suit, action, mandamus, application for appointment of a receiver
or other proceeding, protect and enforce the rights of all
Holders of such Bonds, and may enforce the performance of all
covenants and duties of the Authority and its officials as set
forth in the Bond Resolution, including, but not limited to, the
collection and proper segregation and application of all funds
described in the Bond Resolution. The holders of fifty-one
percent (51%) in principal amount of such outstanding Bonds shall
have the right to direct the time, method and place of conducting
any proceeding for any remedy available to the Bondholders and
for the exercise of any power conferred on them, and the right to
waive a default in the performance of any such covenant, and its
consequences, except a default in the payment of the principal of
or interest on any Bond when due or required to be redeemed.
However, nothing herein shall impair the absolute and uncondi-
tional right of the Holder of each such Bond to receive payment
of the principal thereof and interest thereon at the times, in
the manner and from the sources provided in the Bond Resolution,
and to institute suit for the enforcement of any such payment.
This Bond has not been designated by the Authority as a
"qualified tax-exempt obligation" for purposes of Section 265(b)
(3) of the Internal Revenue Code of 1986, as amended.
356761.1
14
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)
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/
ABBREVIATIONS
The following abbreviations, when used in the
inscription on the face of this Bond, shall be construed as
though they were written out in full according to applicable laws
or regulations:
TEN COM - as tenants in common
TEN ENT - as tenants by entireties
JT TEN - as joint tenants with right of survivorship
and not as tenants in common
UTMA as custodian for
(Cust)
under the
(Minor)
Uniform
(State)
Transfers to Minors Act
/
356761. 1
15
(FORM OF ASSIGNMENT)
\
I
FOR VALUE RECEIVED,
("Transferor"), the undersigned, hereby sells, assigns and
transfers unto (Social Security or Federal
Employer Identification No. ) the within
Bond and all rights thereunder, and hereby irrevocably constitute
and appoints ("Transferee") as attorney to transfer the within
Bond on the books kept for registration thereof, with full power
of substitution in the premises; provided, however, that if any
default with respect to the Bond shall have occurred to or to the
date of this transfer, the within Bond shall not be registered
and the Transferee shall be entitled to receive payment with
respect to the within Bond upon presentation thereof as assignee
of the Transferor.
Date:
NOTICE: No transfer will be
registered and no new Bond
will be issued in the name of
the Transferee, unless the
signature(s) to this assign-
ment correspond(s) with the
name(s) as it (they) appear(s)
upon the face of the within
Bond in every particular,
without alteration or
enlargement of any change
whatever and the Social
Security or Federal Employer
Identification numbers of the
settlor and beneficiaries of
the trust, the date of the
trust and the name of the
trustee should be supplied.
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Signature Guaranteed:
NOTICE: Signature(s)
must be guaranteed by
a member firm of the
New York Stock Exchange
or a commercial bank or a
trust company or any other
"Eligible Guarantor Institution"
as defined in 17 CFR 240.17
Ad -15 (a) (2) .
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356761.1
16
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[Use only when Bond is in Book Entry System]
PREPAYMENT SCHEDULE
This Bond has been prepaid in part on the date(s) and
in the amount(s) as follows:
Date
356761.1
Amount
17
Authorized Signature
of Holder
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2-2. Initial Issue.
The Bonds initially issued, in the aggregate principal
amount of $2,350,000, shall be dated September 1, 1997, as the
original issue date, shall be in the denomination of $5,000 each,
or any integral multiple thereof (as requested by the Purchaser),
and numbered consecutively from R-1 upwards and shall mature in
order of bond numbers on December 1 in the years and amounts set
forth below, with Bonds maturing in such years and amounts
bearing interest from the original issue date until paid or
discharged as herein provided at the annual rate set forth
opposite such years and amounts, respectively:
Year
Amount
Rate
Year
Amount
Rate
The Bonds shall be subject to redemption and prior
payment at the times and prices and in the amounts and manner
provided in Article Three. The interest on each Bond shall be
payable on December 1, 1997, and semiannually thereafter on each
June 1 and December 1 until the Bond is fully paid or discharged.
Both principal and interest shall be payable by check or draft
mailed to the Holder of such Bonds by the Bond Registrar at the
last address thereof as shown on the Bond Register on the 15th
day of the calendar month next preceding said interest payment
date (whether or not a Business Day), or, if on any interest
payment date there are insufficient funds to pay in full the
interest then due on the Bonds, to the Holder as of a special
record date established by the AUTHORITY.
2-3. Execution.
Each Bond shall be executed on behalf of the AUTHORITY
by the manual signature of the President of the AUTHORITY and by
the printed, engraved or lithographed facsimile signature of the
Secretary of the AUTHORITY; provided that each Bond may at the
direction of the President of the AUTHORITY be attested by the
manual signature of the Secretary or of a person authorized to
sign on behalf of the Paying Agent, hereby designated for such
purpose as authenticating agent, in which event the signature of
the President on the Bond may be a facsimile signature. In the
event of the disability or resignation or other absence of either
such officer, the Bond may be signed by the manual or facsimile
signature, as the case may be, of that officer who under the
bylaws of the AUTHORITY may act in behalf of such absent or
356761.1
18
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disabled officer. The Bonds may be sealed with the seal of the
AUTHORITY; provided that the seal of the AUTHORITY may be a
printed facsimile and provided further that the seal may be
omitted. In case any officer whose signature shall appear on the
Bonds shall cease to be such officer before delivery of the
Bonds, such signature or facsimile shall nevertheless be valid
and sufficient for all purposes, the same as if he had remained
in office until delivery.
2-4. Delivery of Initial Issue.
Before delivery of the Bonds of this issue there shall
be filed with the Secretary of the AUTHORITY the following items:
(1) an original of the Lease of which shall be fully
executed;
(2) the opinion of counsel for the Lessee as prescribed by
Bond Counsel;
(3) the manually signed opinion of Bond Counsel relating to
the legality and tax exempt status of the Bonds issued pursuant
to this Resolution; and
(4) such other documents and opinions as Bond Counsel may
reasonably require for purposes of rendering its opinion required
in subsection (3) above; provided, however, that the President or
Secretary of the AUTHORITY, with the consent of Bond Counsel, may
waive the requirement that one or more of the foregoing items
(except the item required in clause (3) above) be filed on or
before Bond Closing upon the AUTHORITY receiving adequate
assurances that such item or items will be filed with the
Secretary as soon as practicable following delivery of the Bonds.
2-5. Issuance of Additional Paritv Bonds.
After the delivery of Bonds, the AUTHORITY and the
Lessee may from time to time, upon the conditions stated in this
Section 2-5, agree upon and approve the issuance and delivery of
Additional Bonds for any purpose under the Act, including the
refunding of any Bonds, payable equally and ratably from the
revenues of the Project pledged and appropriated hereunder with
the Bonds of the initial issue, but bearing such date or dates
and interest rate or rates and with such maturities and
redemption dates and premiums as may be agreed upon. Every
series of such Additional Bonds shall be authorized by an
amendment to the Lease and a supplemental bond resolution,
establishing the terms thereof, providing for any additional
facilities to be financed by the Additional Bonds as part of the
Project, and providing for additional rents sufficient to pay the
356761.1
19
interest when due for such Additional Bonds, and to pay and
redeem all such Additional Bonds at or before maturity as
,-/ provided in such supplemental resolution. Each series of such
Additional Bonds shall be executed, authenticated and delivered
as provided in this Article Two upon filing with the AUTHORITY
original executed counterparts of the supplemental resolution and
the amendment to the Lease, together with such additional
certificates, opinions and other documents described in Section
2-4 as Bond Counsel determines to be applicable. No such
Additional Bonds, however, shall be issued unless the following
conditions are met:
(a) The Lease shall be in effect, and no "event of
default", as such term is defined in the Lease, shall exist
thereunder; and
(b) The AUTHORITY shall have been furnished an opinion
of Bond Counsel to the effect that the issuance of the
Additional Bonds will not impair the tax exempt status of
the interest on the Bonds; and
(c) There shall have been furnished to the AUTHORITY a
supplement to the Lease providing for additional payments of
Lease Payments sufficient to pay the principal of and
interest on the Additional Bonds when due; and
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(d) There shall have been furnished to the AUTHORITY a
certificate of a Lessee Representative to the effect that
the proceeds of the Additional Bonds, together with any
additional funds supplied or to be supplied by the Lessee
will be sufficient to complete the Project, the cost of the
improvement or the cost of the refunding, as the case may
be.
2-6. Mutilated. Lost or Destroved Bonds.
In case any Bond issued hereunder shall become
mutilated or be destroyed or lost, the AUTHORITY shall, if not
then prohibited by law, cause to be executed and delivered, a new
Bond of like amount, number, maturity date and tenor in exchange
and substitution for and upon cancellation of such mutilated Bond
if any, or in lieu of and in substitution for such Bond, if any,
destroyed or lost upon the Holder's or owners paying the
reasonable expenses and charges of the AUTHORITY in connection
therewith, and in case of a Bond destroyed or lost, the filing
with the AUTHORITY of evidence satisfactory to the AUTHORITY that
such Bond, if any, were destroyed or lost, and of the ownership
thereof, and furnishing the AUTHORITY with indemnity satisfactory
to it. If the mutilated, destroyed or lost Bond has already
matured or been called for redemption in accordance with its
356761.1
20
terms it shall not be necessary to issue a new Bond prior to
'\ payment.
, J
2-7. Ownership of Bonds.
The AUTHORITY and Paying Agent may deem and treat the
Holder of any Bond whether or not such Bond shall be overdue, as
the absolute owner of such Bond for the purpose of receiving
payment thereof and for all other purposes whatsoever, and the
AUTHORITY shall not be affected by any notice to the contrary.
2-8. Delivery of Temporarv Bond.
In order to facilitate timely delivery of the Bonds,
the Purchaser may elect with respect to the Bonds to receive in
lieu of the definitive Bonds, as set forth in Section 2-2, a
single Bond payable to the Purchaser with installments of
principal and interest due as provided for the Bonds; and such
single Bond shall upon request of the Purchase and the printing
of the appropriate definitive Bonds be exchanged therefor and
canceled.
2-9. Reaistration. Transfer and Exchanae of Bonds.
\
I
(1) The AUTHORITY will cause to be kept at the
principal corporate trust office of the Bond Registrar a Bond
Register in which, subject to such reasonable regulations as the
Bond Registrar may prescribe, the AUTHORITY shall provide for the
registration of transfers of Bonds entitled to be registered or
transferred as herein provided.
(2) Upon surrender for transfer of any Bond at the
principal corporate trust office of the Bond Registrar, the
AUTHORITY shall execute, and the Authenticating Agent shall
authenticate and deliver, in the name of the designated
transferee or transferees, one or more new Bonds of any
denomination or denominations of $5,000 or any integral multiple
thereof of a like aggregate principal amount, having the same
stated maturity and interest rate, as requested by the
transferor.
(3) All Bonds surrendered upon any transfer provided
for in this Bond Resolution shall be promptly canceled by the
Bond Registrar and thereafter disposed of a directed by the
AUTHORITY.
(4)
transfer shall
evidencing the
All Bonds delivered in exchange for or upon
be valid special obligations of the AUTHORITY
same debt, and entitled to the same benefits under
-'
356761.1
21
this Bond Resolution, as the Bonds surrendered for such exchange
, or transfer.
/
(5) Every Bond presented or surrendered for transfer
shall (if so required by the AUTHORITY) be duly endorsed or be
accompanied by a written instrument of transfer, in form
satisfactory to the AUTHORITY and the Bond Registrar, duly
executed by the Holder thereof or his attorney duly authorized in
writing.
(6) No service charge shall be made to the Holder for
any transfer, but the AUTHORITY may require payment of a sum
sufficient to cover any tax or other governmental charge that may
be imposed in connection with any transfer or exchange of Bonds,
other than exchanges expressly provided in this Bond Resolution
to be made without expense or without charge to Bondholder, and
the cost of printing any new Bonds.
(7) The AUTHORITY and the Bond Registrar shall not be
required (i) to transfer or exchange any Bond for a period of 15
days next preceding any interest payment date, or (ii) to
transfer or exchange any Bond called or being called for
redemption in whole or in part.
2-10. Interest Riahts Preserved: Datina of
Reaistered Bonds.
\
Each Bond delivered upon transfer of any other Bond
shall carryall the rights to interest accrued and unpaid, and to
accrue, which were carried by such other Bond, and each such Bond
shall be so dated, that neither gain nor loss in interest shall
result from such transfer.
,J
Each Bond shall be dated by the Bond Registrar as of
the last interest payment date preceding the date of
authentication to which the Bond has been paid or made available
for payment, unless the date of authentication is an interest
payment date to which interest has been paid or made available
for payment, in which case the Bond shall be dated as of the date
of authentication.
2-11. Other Revenue Bonds.
Nothing contained herein shall however prevent the
issuance by the AUTHORITY at the request of the Lessee of other
bonds without consent of the Bondholders for any of the purposes
authorized under the Act, including any improvement to the
Project, payable from revenues furnished by the Lessee but not
pledged and appropriated to the Bond Fund whether or not the
obligation of the Lessee to make such payments is secured by
/
356761.1
22
tangible property or other collateral (except for the Project and
" revenues derived by the AUTHORITY therefrom under the Bond
,) Resolution), so long as such other bonds are in no way secured by
any of the provisions of the Bond Resolution and an effect
thereof would not be to subject the interest payable on the Bonds
and any Additional Bonds to federal or state income taxes.
2-12.
Book-Entrv On Iv Svstem.
DTC will act as securities depository for the Bonds.
The Bonds shall be issued in the form of a separate single fully
registered bond for each separate maturity of the Bonds. Upon
initial issuance the ownership of the Bonds shall be registered
in the Bond Register in the name of Cede & Co., as the nominee of
DTC.
,
With respect to Bonds registered in the Bond Register
in the name of Cede & Co., as nominee of DTC, neither the
AUTHORITY, the Lessee nor the Bond Registrar shall have any
responsibility or obligation to any DTC Participant or to any
Beneficial Owner. Without limiting the immediately preceding
sentence, neither the AUTHORITY, nor the Bond Registrar shall
have any responsibility or obligation with respect to (i) the
accuracy of the records of DTC, Cede & Co., or any DTC
Participant with respect to any ownership interest in the Bonds,
(ii) the delivery to any DTC Participant, any Beneficial Owner or
any other person, other than DTC, of any notice with respect to
the Bonds, including any notice of redemption, (iii) the payment
to any DTC Participant, any Beneficial Owner or any other person,
other than DTC, of any amount with respect to the principal of or
premium, if any, or interest on the Bonds, or (iv) the failure of
DTC to provide any information or notification on behalf of any
DTC Participant or Beneficial Owner.
The AUTHORITY and the Bond Registrar may treat as and
deem DTC to be the absolute owner of each Bond for the purpose of
payment of the principal of and premium and interest on such
Bond, for the purpose of giving notices of redemption and other
matters with respect to such Bond, for the purpose of registering
transfers with respect to such Bonds, and for all other purposes
whatsoever (except for the giving of certain Bondholder
consents). The Bond Registrar shall pay all principal of and
premium, if any, and interest on the Bonds only to or upon the
order of the Bondholders as shown on the Bond Register, and all
such payments shall be valid and effective to fully satisfy and
discharge the AUTHORITY's obligations with respect to the
principal of and premium, if any, and interest on the Bonds to
the extent of the sum or sums so paid.
-~
356761.1
23
\
Upon delivery by DTC to the Bond Registrar of written
notice to the effect that DTC has determined to substitute a new
nominee in place of Cede & Co., and subject to the transfer
provisions in Section 2-9 hereof, references to "Cede & Co." in
this Section shall refer to such new nominee of DTC.
"
Notwithstanding the provisions of this Resolution to
the contrary (including without limitation surrender of Bonds,
registration thereof, and Authorized Denominations), as long as
the Bonds are in book-entry form, full effect shall be given to
the Representation Letter and the procedures and practices of DTC
thereunder.
2-13 .
Termination of Book-Entrv Only Svstem.
DTC may determine to discontinue providing its services
with respect to the Bonds at any time by giving written notice to
the AUTHORITY and discharging its responsibilities with respect
thereto under applicable law. The AUTHORITY may terminate the
services of DTC with respect to the Bonds if it determines that
DTC is no longer able to carry out its functions as security
depository as contemplated herein.
Upon the termination of the services of DTC as provided
in the preceding paragraph, the AUTHORITY shall take all
reasonable and diligent steps as may be necessary to find an
, alternate book-entry depository, but if (and only if) no such
substitute securities depository willing to undertake the
functions of DTC hereunder can be found which, in the opinion of
the AUTHORITY, is willing and able to undertake such functions
upon reasonable or customary terms, then the Bonds shall no
longer be restricted to being registered in the Bond Register in
the name of Cede & Co., as nominee of DTC, but may be registered
in whatever name or names the Bondholders shall designate at that
time, in accordance with Section 2-9. To the extent that the
Beneficial Owners are designated as the transferee by the
Bondholders, in accordance with Section 2-9 the Bonds will be
delivered in appropriate form, content and Authorized
Denomination to the Beneficial Owners.
Notwithstanding any other provision of this Resolution
to the contrary, so long as any Bond is registered in the name of
Cede & Co., as nominee of DTC, all payments with respect to the
principal of and premium, if any, and interest on such Bond and
all notices with respect to such Bond shall be made and given,
respectively, to DTC as provided in the Representation Letter.
'.
/
356761.1
24
2-14.
Continuina Disclosure.
/ The AUTHORITY is the issuer of the Bonds. However it
is not an "obligated person" subject to the disclosure
requirements un the SEC Rule 15c2-12 (b) (5) (the "Rule") because
financial information and operating data set forth in the
Official Statement relates only to the Lessee. The Lessee shall
agree, in accordance with the provisions of the Rule, promulgated
by the Securities and Exchange Commission (the "Commission")
pursuant to the Securities Exchange Act of 1934, as amended, and
a Continuing Disclosure Undertaking (the "Undertaking")
hereinafter described to:
(1) provide or cause to be provided to each
nationally recognized municipal securities information
repository ("NRMSIR") and to the appropriate state
information depository ("SID"), if any, for the State
of Minnesota, in each case as designated by the
Commission in accordance with the Rule, certain annual
financial information and operating data in accordance
with the Undertaking.
,
(2) Provide or cause to be provided, in a timely
manner, to (i) each NRMSIR or to the Municipal
Securities Rulemaking Board ("MSRB") and (ii) the SID,
notice of the occurrence of certain material events
with respect to the Bonds in accordance with the
Undertaking.
(3) Provide or cause to be provided, in a timely
manner, to (i) each NRMSIR or to the MSRB and (ii) the
SID, notice of a failure by the AUTHORITY to provide
the annual financial information with respect to the
AUTHORITY described in the Undertaking.
(4) The Lessee's covenants pursuant to the Rule
set forth in this section and in the Undertaking are
intended to be for the benefit of the holders and any
other beneficial owners of the Bonds and shall be
enforceable on behalf of such holders and beneficial
owners; provided that the right to enforce the
provisions of such covenants shall be limited to a
right to obtain specific enforcement of the Lessee's
obligations under the covenants.
356761.1
25
ARTICLE THREE
REDEMPTION OF BONDS BEFORE MATURITY
3-1. Redemption.
(1) Optional Redemption of Bonds. Bonds maturing on
December 1, 2005 and thereafter are subject to redemption and
prepayment, in whole or in part, and if in part, of any maturity
designated by the Lessee and by lot within a maturity, and in
integral multiples of principal amount of $5,000, at the option
of the AUTHORITY acting at the direction of the Lessor, on
December 1, 2004 and on any interest payment date thereafter at a
redemption price equal to par plus accrued interest.
(2) Extraordinary Redemption of Bonds. If (a) all or any
part of the Project is lost, stolen, condemned, destroyed or
damaged beyond repair, (b) Lessee fails to notify the AUTHORITY
of which course of action Lessee plans to take as required under
Section 6-6 of the Lease and (c) Lessee pays to the AUTHORITY a
sum equal to the Casualty Value of the Project under Section 6.6
of the Lease, on the first day of the month next succeeding such
payment before which month timely notice of redemption can be
given under Section 3.05 hereof, all Bonds shall be called for
and are subject to redemption and prepayment in a whole and not
in part, at a redemption price equal to par plus accrued interest
thereon to the redemption date.
,
(3) Except as provided in this Section 3-1 or Section 4-13,
the Bonds shall not be subject to redemption prior to their
stated maturity date.
3-2. Notice of Redemption.
Notice of the call for any redemption pursuant to Sec-
tion 3-1 shall be mailed by the AUTHORITY but at the expense of
the Lessee, at least 30 days but not more than 60 days prior to
the redemption date, to the Paying Agent and to the Bondholders,
at the addresses shown on the Bond Register. Each such notice
shall refer to the Bonds to be redeemed by their numbers and
maturities and the date on which and the place where they shall
be presented for redemption. On or before the date fixed for re-
demption, funds sufficient to redeem such Bonds, including
accrued interest thereon to the redemption date, shall be
deposited with the Paying Agent. The Bonds thus called shall
not, on or after the specified redemption date, bear interest.
356761.1
26
3-3. Procedure for Redemption.
\
,
To effect a partial redemption of Bonds having a common
maturity date, the Bond Registrar prior to giving notice of
redemption shall assign to each Bond having a common maturity
date a distinctive number for each $5,000 of the principal amount
of such Bond. The Bond Registrar shall then select by lot, using
such method of selection as it shall deem proper in its
discretion, from the numbers so assigned to such Bonds, as many
numbers as, at $5,000 for each number, shall equal the principal
amount of such Bonds to be redeemed. The Bonds to be redeemed
shall be the Bonds to which were assigned numbers so selected;
provided, however, that only so much of the principal amount of
each such Bond of a denomination of more than $5,000 shall be
redeemed as shall equal $5,000 for each number assigned to it and
so selected. If a Bond is to be redeemed only in part, it shall
be surrendered to the Bond Registrar (with, if the AUTHORITY or
Bond Registrar so requires, a written instrument or transfer in
form satisfactory to the AUTHORITY and Bond Registrar duly
executed by the holder thereof or his, her or its attorney duly
authorized in writing) and the AUTHORITY shall execute (if
necessary) and the Bond Registrar shall deliver to the Holder of
such Bond, without service charge, a new Bond or Bonds of the
same series having the same stated maturity and interest rate and
of any authorized denomination or denominations, as requested by
such Holder, in aggregate principal amount equal to and in
exchange for the unredeemed portion of the principal of the Bond
so surrendered.
/
3-4. Cancellation.
All Bonds which have been redeemed shall be canceled by
the AUTHORITY and shall not be reissued.
356761.1
27
ARTICLE FOUR
GENERAL COVENANTS
4-1. Payment of Principal and Interest.
The AUTHORITY covenants that it will promptly payor
cause to be paid the principal of and interest on every Bond
issued under this Resolution at the place, on the dates and in
the manner provided herein and in said Bonds, according to the
terms thereof. The principal and interest are payable solely
from revenues derived from the Project, (including certain Bond
proceeds and other sums appropriated to the Bond Fund) which
revenues are hereby specifically assigned and pledged as a first
and prior lien to the payment thereof for the benefit of the
Holders of all Bonds and interest and any premium thereon in the
manner and to the extent herein specified, and nothing in the
Bonds or in this Resolution shall be considered as assigning or
pledging any other funds or assets of the AUTHORITY. All sums
held in the Bond Fund pursuant to this Resolution shall to the
extent permitted by law be deemed property of the Holders of all
Bonds, held in trust for them and subject to the terms and
conditions of this Resolution, including the pledge thereof to
the payment of the Bonds and interest and any premium thereon.
4-2. Performance of and Authoritv for Covenants.
, /
The AUTHORITY covenants that it will faithfully perform
at all times any and all covenants, undertakings, stipulations
and provisions contained in this Resolution, in any and every
Bond executed, authenticated and delivered hereunder and in all
proceedings of its governing body pertaining thereto; that it is
duly authorized under the Constitution and laws of the State of
Minnesota including particularly and without limitation the Act,
to issue the Bonds authorized hereby and to assign and pledge the
revenues in the manner and to the extent herein set forth; that
all action on its part for the issuance of the Bonds and for the
execution and delivery thereof has been duly and effectively
taken; and that the Bonds in the hands of the Holders thereof are
and will be valid and enforceable special obligations of the
AUTHORITY according to the terms thereof.
4-3. Title and Instruments of Further Assurance.
The AUTHORITY covenants that it has not made, done,
executed or suffered, and will not make, do, execute or suffer,
any act or thing whereby its leasehold estate or interest in and
title to the Project or any part thereof is now or at any time
hereafter shall or may be impaired or charged or encumbered in
any manner whatsoever except by Permitted Encumbrances.
/
356761.1
28
\
4-4. Taxes. Assessments and Charaes.
The AUTHORITY covenants that it will promptly pay, or
cause to be paid, but solely from revenues derived from the
Project including payments required to be made under the Lease,
all lawful taxes, assessments, imposts and governmental charges
at any time levied or assessed upon or against the Project, or
any part thereof; provided, however, that nothing contained in
this Section shall require the payment of any such taxes, assess-
ments, imposts or charges so long as the validity thereof is
being contested in good faith and by appropriate legal pro-
ceedings.
4-5. Maintenance and Repair.
The AUTHORITY covenants that it will at all times, but
solely from revenues derived from the Project including payments
required to be made under the Lease, maintain, preserve and keep
in good condition, repair and working order the Project or cause
the same to occur.
4-6. Recordina and Filina.
The AUTHORITY covenants that, at the expense of the
Lessee, it will cause the Lease or a short form thereof and all
supplements thereto, and all related financing statements, to be
\ kept, recorded and filed in such manner and in such places as may
/ be required by law in order to preserve and protect fully the
security of the Holders and owners of the Bonds and the rights of
AUTHORITY hereunder, and will cause rerecording and refiling of
the Lease, each financing statement and each supplement thereto
as is necessary to maintain, preserve and protect the validity of
the Lease and the security of the Holders of the Bonds.
4-7. Books and Records.
The AUTHORITY covenants that, at the expense of the
Lessee, so long as any Bonds issued hereunder shall be
Outstanding and unpaid the AUTHORITY will keep, or cause to be
kept, proper books of record and account, in which full, true and
correct entries will be made of all its financial dealings or
transactions of and in relation to the Project and the revenues
derived by the AUTHORITY therefrom. Such books and records shall
be open to inspection and copying at all reasonable times by the
Holder of any Bond or his agent or attorney. The AUTHORITY will
cause said books and records to be audited annually by an
Independent Accountant, within 150 days after the close of each
fiscal year, and will upon request furnish a copy of such audit
without cost to the original purchasers of any issue of Bonds or
Additional Bonds.
\
/
356761.1
29
,
4-8. Names of Bondholders.
, /
At reasonable times and under reasonable regulations
established by the AUTHORITY, the Bond Register may be inspected
and copied by Holders (or a designated representative thereof) of
ten percent (10%) or more in principal amount of Bonds then
Outstanding hereunder, such authority of any designated
representative to be evidenced to the satisfaction of the
AUTHORITY.
4-9. Nature of Securitv.
Under the provisions of the Act the Bonds may not be
payable from or be a charge upon any funds of the AUTHORITY other
than the revenues pledged to the payment thereof, nor shall the
AUTHORITY be subject to any liability thereon, nor shall the
Bonds otherwise contribute or give rise to a pecuniary liability
of the AUTHORITY or the Lessee or, to the extent permitted by
law, any of their respective officers, employees and agents. No
Holder or Holders of the Bonds shall ever have the right to
compel any exercise of the taxing power of the AUTHORITY or the
Lessee to pay any Bonds or the interest thereon, or to enforce
payment thereof against any property of the AUTHORITY other than
the revenues derived from the Project. The Bonds shall not
constitute a charge, lien or encumbrance, legal or equitable,
upon any property of the AUTHORITY or the Lessee other than the
\ revenues derived from the Project, and no Bond shall constitute a
) debt of the AUTHORITY or the Lessee within the meaning of any
constitutional or statutory limitation; but nothing in the Act
impairs the rights of Holders of Bonds issued under this
Resolution to enforce the covenants made for the security thereof
as provided in this Resolution and in the Act, and by authority
of the Act the AUTHORITY has made the covenants and agreements
herein for the equal and proportionate benefit of all Holders of
the Bonds in the manner and to the extent permitted in Section
5-10.
4-10. Disposition of Pledaed Funds.
The AUTHORITY covenants that it will cause Lease
Payments and all other revenues pledged to the payment of the
Bonds to be accounted for and expended only as prescribed in this
Resolution, and will at all times maintain complete and accurate
books of record and account showing all receipts and expenditures
thereof and the segregation of such rentals and other sums in the
funds herein provided, and will at no time loan, invest, use or
apply such funds in any manner or for any purpose other than as
specifically prescribed and permitted in this Resolution.
/
356761.1
30
,
/
~
/
)
4-11. Enforcement of Covenants.
Subject to the provisions in Section 4-15:
(1) The AUTHORITY agrees to enforce all covenants and
obligations of the Lessee under the Lease and to that end
exercise all of the AUTHORITY's rights in connection therewith,
to the extent and in the manner that the AUTHORITY reasonably
determines is prudent and necessary to assure performance of such
covenants and obligations and to protect the interests of the
Bondholders; provided however that the AUTHORITY shall have the
right, with or without Bondholders consent at its sole
discretion, to waive a default in the performance of any such
covenant or obligation, and its consequences, to the extent and
in the manner provided in Section 4-11(3).
(2) No Holder of any Bond issued under this Resolution
shall have the right to institute any proceeding, judicial or
otherwise, for the enforcement of the covenants herein contained,
without the written concurrence of the Holders of not less than
twenty-five percent (25%) in aggregate principal amount of
Outstanding Bonds but the Holders of this principal amount of
Bonds may, either at law or in equity, by suit, action, mandamus,
application for appointment of a receiver or other proceeding,
protect and enforce the rights of all Holders of such Bonds, and
may enforce the performance of all covenants and duties of the
AUTHORITY and its officials as set forth in this Resolution,
including but not limited to the collection and proper
segregation and application of all funds herein described. The
Holders of not less than fifty-one percent (51%) in aggregate
principal amount of Outstanding Bonds shall have the right to
direct the time, method and place of conducting any proceeding
for any remedy available to the Bondholders and for the exercise
of any power conferred on them, and the right to waive a default
in the performance of any such covenant, and its consequences,
except a default in the payment of the principal of or interest
on any Bond when due or required to be redeemed. However,
nothing herein shall impair the absolute and unconditional right
of the Holder of each such Bond to receive payment of the
principal thereof and interest thereon at the times provided in
this Resolution, and to institute suit for the enforcement of any
such payment except to the extent that the AUTHORITY shall have
the right to accelerate payment of the Bonds as provided in
Section 4-13 hereof.
(3) The AUTHORITY may in its discretion waive any Event of
Default under the Lease and its consequences and rescind any
declaration of maturity of principal under Section 4-13, and
shall do so upon written request of the Holders of (1) fifty-one
percent (51%) in aggregate principal amount of all the Bonds
356761.1
31
\
, ,
1
, /
~
/
Outstanding in respect of which default in the payment of
principal and/or interest exists, or (2) fifty-one percent (51%)
in aggregate principal amount of all the Bonds then Outstanding
in the case of any other Event of Default; provided, however,
that there shall not be waived any Event of Default in the
payment of Lease Payments, unless prior to such waiver or
rescission (a) all arrears of Lease Payments with interest equal
to at least the amount by which such Lease Payments is less than
total amount of unpaid debt service due on the Bonds and (b) all
expenses of the AUTHORITY and Paying Agent, in connection with
such default shall have been paid or provided for and in case of
any such waiver or rescission or in case any proceeding taken by
the AUTHORITY on account of any such default shall have been
discontinued or abandoned or determined adversely then and in
every such case the AUTHORITY and the Bondholders shall be
restored to their former positions and rights hereunder re-
spectively, but no such waiver or rescission shall extend to any
subsequent or other Event of Default, or impair any right
consequent thereon.
(4) If an Event of Default should occur under the Lease,
all moneys received by the AUTHORITY pursuant to any right given
or action taken under the provisions of this Section 4-11 or the
Lease shall, after payment of the cost and expenses of the
proceedings resulting in the collection of such moneys and of the
expenses, liabilities and advances incurred or made by the
AUTHORITY in connection therewith and any other sums due the
AUTHORITY under the Lease (other than any interest due on
delinquent Lease Payments), be deposited in the Bond Fund or the
Project Acquisition Fund, as appropriate.
(5) The AUTHORITY and any Paying Agent shall be entitled to
payment and/or reimbursement for all advances, counsel fees and
other expenses reasonably and necessarily made or incurred in and
about the execution of the trusts created by this Resolution and
in and about the exercise and performance of the powers and
duties of the AUTHORITY hereunder and for the reasonable and
necessary costs and expenses incurred in defending any liability
in the premises of any character whatsoever (unless such
liability is adjudicated to have resulted from the negligence or
willful default of the AUTHORITY). The Paying Agent shall also
be entitled to a reasonable fee for services hereunder. In this
regard the AUTHORITY has made provisions in the Lease for the
payment of said fees, advances, counsel fees, costs and expenses
and reference is hereby made to said Lease for the provisions so
made. Upon an Event of Default under the Lease, but only upon
such an Event of Default and failure of Lessee to make timely
payments under the Lease, the AUTHORITY shall have a lien with
right of payment prior to the lien herein created for the benefit
of the Bondholders on all revenues derived from the Project by
356761.1
32
the AUTHORITY including Lease Payments for said fees, advances,
\ counsel fees, costs and expenses incurred by it.
/
(6) The AUTHORITY shall give to the Holders of the Bonds of
any Event of Default under the Lease known to the AUTHORITY or
termination of the Lease under Section 4.1 of the Lease, within
ninety (90) days after such event unless such default shall have
been cured before the giving of such notice; provided that such
notice shall be given within ten (10) days if the event is either
(i) a failure to pay when due any Lease Payments and to cure the
same before giving such notice or (ii) termination of the Lease
under Section 4.1 thereof; and provided further that, except in
the case of default in the payment of Lease Payments or
termination of the Lease under Section 4.1 thereof, the AUTHORITY
shall be protected in withholding such notice if and so long as
the governing body of the AUTHORITY or its chief executive
officer in good faith determines that the withholding of such
notice is in the interest of the Bondholders.
4-12. Covenant to Lease. Sell and Operate.
,
~
Subject to the provisions of Section 4-14, the
AUTHORITY agrees that if on Event of Default occurs under the
Lease or Lessee terminates the Lease under Section 4-1 thereof,
the AUTHORITY will use its best efforts while any Bonds remain
Outstanding to lease or operate the Project to provide Net
Revenues sufficient to pay the principal, interest and call
premium, if any, on the Bonds and in the event of sale, to obtain
the best price obtainable so that to the extent the AUTHORITY
determines it reasonably possible all of the Bonds and the
interest thereon are paid in full. This covenant, to the extent
that it may obligate the AUTHORITY to re-lease or sell the
Project for the benefit of the Bondholders, may be enforced
against the AUTHORITY only to the extent that at such time the
AUTHORITY is permitted by law to sell the property or to the
extent that any consent required for re-leasing the property has
been given.
4-13. Acceleration.
Subject to the provisions in Section 4-14, upon the
occurrence of an Event of Default under the Lease or termination
of the Lease on account of a Non-appropriation under Section 4-1
of the Lease, the AUTHORITY may, and upon the written request of
the Holders of not less than fifty-one (51%) percent in aggregate
principal amount of Outstanding Bonds shall, by notice in writing
delivered to the Lessee, declare the principal of all Bonds then
Outstanding and the interest accrued thereon immediately due and
payable, and such principal and interest shall thereupon become
\
I
/
356761.1
33
and be immediately due and payable. The AUTHORITY shall promptly
I give mailed notice of acceleration to the Bondholders.
OTEO.
4-14. Tax Exempt Status of Bonds: No Desianation of
The AUTHORITY shall not knowingly take, nor fact to
take, any action the effect of which would be to impair the tax
exempt status of the Bonds.
The Bonds exceed in amount those which may be qualified
as "qualified tax-exempt obligations" within the meaning of
Section 265(b) (3) of the Code, and hence are not designated for
such purposes.
4-15. Conditions to Authoritv Action.
Before taking any specific action under Sections 4-11,
4-12, 4-13, or 4-14 or the last paragraph in Section 5-10, the
AUTHORITY may at its sole discretion:
(1) Require that it be furnished an indemnity bond
satisfactory to it for the reimbursement of all expenses to which
it may be put and to protect it against all liability, except
liability which is adjudicated to have resulted from the
negligence or willful default of the AUTHORITY;
" (2) Act upon the opinion or advice of any Independent
Counsel, Independent Engineer or Independent Accountant selected
by the AUTHORITY in the exercise of reasonable care, or upon the
direction of the Holders of a fifty-one percent (51%) in
aggregate principal amount of Outstanding Bonds; and the
AUTHORITY shall not be responsible for any loss or damage
resulting from any action or nonaction taken in good faith in
reliance upon such opinion or advice or Bondholder direction; and
(3) Require the
of not less than fifty-one
Outstanding Bonds.
consent to the action of the Holders
percent (51%) in principal amount of
356761.1
34
"-
./
ARTICLE FIVE
FUNDS AND ACCOUNTS
5-1. Deposit of Bond Proceeds.
The AUTHORITY shall deposit, or shall direct the
Purchaser to deposit, with the Lessee all of the net proceeds of
the sale of the Bonds (including accrued interest thereon paid by
the purchaser) for deposit in the Project Acquisition Fund as
provided in Section 3.1 of the Lease.
5-2. Intentionally Omitted.
5-3. Intentionallv Omitted.
5-4. Intentionallv Omitted.
5-5. Intentionallv Omitted.
5-6. Bond Fund.
The AUTHORITY hereby establishes and shall maintain, so
long as any of the Bonds are Outstanding, a separate trust
account for the benefit of the Bondholders to be designated "1997
Public Project Revenue Bond Fund" (herein called the "Bond Fund")
\ into which the following deposits shall be made:
, ./
(a)
the Lease
escrow to
All payments by
or any Purchase
discharge Bonds
the Lessee as Lease Payments
Option Price (unless held in
under Article Eight hereof) .
under
(b) All other moneys received by the AUTHORITY from
the Lessee when accompanied by directions of the Lessee that
such moneys are to be paid into the Bond Fund or used for
purposes for which moneys in the Bond Fund may be used. If
the Lessee so directs, such monies shall be credited against
Lease Payments due or to become due.
(c) If the Lease is terminated, all Net Revenues
derived from the Project.
(d) All other moneys required to be deposited in the
Bond Fund pursuant to any provision of this Resolution or
the Lease.
The moneys and investments in the Bond Fund are irrevocably
pledged to and shall be used by the AUTHORITY, from time to time,
to the extent required, for the payment of principal of, and
interest and any premium on the Bonds as more fully provided in
,
)
356761.1
35
\ Section 5-10 hereof; and shall be used for no other purpose,
/ provided that the AUTHORITY may use sums in the Bond Fund to be
used to pay principal on Bonds of a particular maturity (and
interest thereon) to instead purchase said Bonds at a price not
to exceed par and accrued interest.
5-7. Intentionallv Omitted.
5-8. Intentionallv Omitted.
5-9. Deposit of Funds with payina Aaent.
\
, /
The AUTHORITY shall transfer and remit sums from the
Bond Fund to the Paying Agent in advance of each interest and
principal due date and redemption date, from the balance then on
hand in the Bond Fund, sufficient to pay all principal, interest
and redemption premiums then due on Bonds. The Paying Agent
shall hold in trust for the Holders of such Bonds representing
such interest all sums so transferred to it until paid to such
Holders or otherwise disposed of as herein provided. Any money
deposited with the Paying Agent in trust for the Holder of any
Bond and remaining unclaimed for six years after the principal,
premium, if any, or interest owing to the Holder becomes due and
payable, shall be paid to the Lessee upon request and shall be
discharged from the trust, and the Holder of the Bond shall
thereafter, as an unsecured general creditor look only to the
Lessee for the payment thereof, and all liability of the Paying
Agent, or the AUTHORITY with respect to such trust money shall
cease.
5-10. Priority of Payment and Application of Moneys.
All Bonds issued hereunder and secured hereby shall be
equally and ratably secured by and payable from the Bond Fund,
without priority of one Bond over any other, except as otherwise
expressly provided herein. Accordingly, all moneys credited to
the Bond Fund, shall be applied as follows:
(1)
or shall
shall be
Unless the principal of all the Bonds shall have become
have been declared due and payable, all such moneys
applied:
FIRST: To the payment to the persons entitled thereto
of all installments of interest then due on the Bonds, in the
order of the maturity of the installments of such interest, and,
if the amount available shall not be sufficient to pay in full
any particular installment, then to the payment ratably,
according to the amounts due on such installment, to the persons
entitled thereto, without any discrimination or privilege;
'\
)
356761.1
36
\
/
SECOND: To the payment to the persons entitled thereto
of the unpaid principal of any of the Bonds which shall have
become due (other than Bonds called for redemption for the
payment of which moneys are held pursuant to the provisions of
this Bond Resolution), in the order of their due dates, and, if
the amount available shall not be sufficient to pay in full Bonds
due on any particular date, then to the payment ratably,
according to the amount of principal due on such date, to the
persons entitled thereto without any discrimination or privilege;
and
THIRD: To the payment of interest and premium, if any,
on and the principal of the Bonds, and to the redemption of
Bonds, as thereafter may from time to time become due, all in
accordance with the provisions of Article Five hereof.
(2) If the principal of all Bonds shall have become due or
shall have been declared due and payable, all such moneys shall
be applied to the payment of the principal and interest then due
and unpaid upon the Bonds, without preference or priority of
principal over interest or of interest over principal, or of any
installment of interest over any other installment of interest,
or of any Bond over any other Bond, ratably, according to the
amounts due respectively for principal and interest, to the
persons entitled thereto without any discrimination or privilege.
(3) If the principal of all the Bonds shall have been
declared due and payable, and if such declaration shall there-
after have been rescinded and annulled under the provisions of
this Resolution, then, subject to the provisions of subparagraph
(2) of this Section, in the event that the principal of all the
Bonds shall later become due or be declared due and payable, the
moneys shall be applied in accordance with the provisions of
paragraph (I) of this Section.
Subject to the provisions in Section 4-15, whenever
moneys are to be applied by the AUTHORITY pursuant to the
provisions of this Section and there are insufficient sums in the
Bond Fund to pay principal and/or interest then due on the Bonds,
the AUTHORITY shall apply such moneys at such times, and from
time to time, as the AUTHORITY shall determine, having due regard
to the amount of such moneys available for application and the
likelihood of additional moneys becoming available for such
application in the future. Whenever the AUTHORITY shall apply
such funds, it shall fix the date (which shall be an interest
payment date unless it shall deem another date more suitable)
upon which such application is to be made and upon such date
interest on the amounts of principal to be paid on such dates
shall cease to accrue. The AUTHORITY shall give such notice as
it may deem appropriate of the deposit with the Paying Agent of
/
356761.1
37
, \
)
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I
,
,
,
any such moneys and of the fixing of any such date, and shall not
be required to make payment to the Holder of any Bond until such
Bond shall be presented to the Paying Agent for appropriate
endorsement or for cancellation if fully paid.
356761.1
38
ARTICLE SIX
POSSESSION, USE AND RELEASE OF PROPERTY
6-1. Possession and Use.
Subject to the terms hereof and to the pledge of
rentals and profits under the Lease, until the happening of an
Event of Default under the Lease or termination of the Lease
under Section 4.2 thereof, the Lessee shall be permitted to
possess, use and enjoy the Project (except cash or other personal
property deposited or pledged or determined by the terms hereof
to be deposited or pledged to the AUTHORITY) and to receive and
use the issues and profits of the Project.
6-2. Easement for Access or Utilitv Service.
The AUTHORITY is authorized, without notice to or
consent of the Holders of any Bonds, to join in the execution of
a conveyance for access or utility service and certain other
easements and to subordinate the Lease to such easement pursuant
to Section 8.6 of the Lease or if the Lease has been terminated
at the AUTHORITY'S own initiative, but only upon satisfaction of
the applicable conditions set forth in said Section.
6-3. Release of Encumbered Equipment.
The AUTHORITY is authorized, without notice to or
consent of any Bondholders, to remove Project Equipment from time
to time, provided that the applicable conditions set forth in
Section 2.04 of the Lease are met. If the Lessee or the
AUTHORITY desires to sell any Project Equipment that AUTHORITY
has a fair market value in excess of the fair market value of
Project Equipment to be substituted therefor, the AUTHORITY may
sell, or permit such sale, without notice to or consent of any
bondholders if the removed Project Equipment is in good faith
sold for cash and the net proceeds from the sale are deposited in
the Bond Fund.
356761.1
39
6-4. Release of Unimproved Land.
~~r The AUTHORITY is hereby authorized, without notice to
or consent of any Bondholders, to join in the execution of such
instruments as may be necessary to release from the terms of the
Lease unimproved Land, but only upon the satisfaction of the
applicable conditions set forth in Section 8.7 of the Lease.
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/
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<
356761.1
40
ARTICLE SEVEN
\~ )
INVESTMENTS
7-1.
Investments bv AUTHORITY.
Subject to the provisions of Section 7-2, moneys held
for the credit of the Funds established by Article Five shall, to
the extent practicable and permitted by the Act, be invested as
received and reinvested by the AUTHORITY in such securities as
are authorized by the Act after taking into consideration any
recommendation made by the Lessee. The AUTHORITY shall sell and
reduce to cash funds a sufficient portion of investments under
the provisions of this Section whenever the cash balance in the
Fund for which the investment was made is insufficient for its
current requirements. Securities so purchased as an investment
of moneys shall be paid by the AUTHORITY and shall be deemed at
all times a part of the applicable Fund, and the interest
accruing thereon and any profit realized from such investments
shall be deemed at all times a part of the applicable Fund, and
the interest accruing thereon and any profit realized from such
investments shall be credited to the Fund from which the
investment was made. Any loss resulting from such investment
shall be charged to the Fund from which the investment was made.
7-2. Return on Investments.
'\
) The AUTHORITY will not cause any use to be made of the
proceeds of the Bonds to be issued which would cause such
obligations to be arbitrage bonds within the meaning of Section
148 of the Internal Revenue Code and any applicable and valid
temporary, proposed or final regulations from time to time
promulgated thereunder if and to the extent such provisions
remain in full force and effect; and the AUTHORITY will comply
with the requirements of said Section 148 and with all such
applicable regulations pertaining thereto while the Bonds to be
issued hereunder remain Outstanding.
- \
, -)
356761.1
41
\
)
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/
/
ARTICLE EIGHT
DISCHARGE OF OBLIGATIONS TO BONDHOLDERS
8-1. Conditions of Discharae.
When all of the Bonds issued and secured hereunder have
been discharged as provided in Section 8-2, and if all fees and
expenses of the AUTHORITY and Paying Agent required by this
Resolution to be paid (other than sums deposited in escrow for
such purpose) have been paid, all pledges, covenants and other
rights granted by this Resolution shall cease as to the Holders
of the Bonds, the Bonds shall no longer be considered
Outstanding, and the lien herein created upon any revenues
derived from the Project may be discharged.
8-2. Payment of Bonds.
(1) Bonds for the payment or redemption of which
sufficient cash shall have been deposited with the Paying Agent
shall be deemed to be paid and discharged within the meaning of
this Section, provided, however, that if such Bonds are to be
redeemed prior to the maturity thereof, notice of such redemption
shall have been duly given and sufficient cash shall also be
deposited with the Paying Agent to pay any redemption premium.
(2) The AUTHORITY may also pay and discharge at any
time any and all of the Bonds and pay all future Paying Agent
fees and expenses with respect thereto by irrevocably depositing
in escrow for the benefit of the Holders of said Bonds and the
Paying Agent in a suitable banking institution a sum of cash and
securities in such aggregate face amount, bearing interest at
such rates and maturing or callable at the option of the holder
thereof on such dates as shall be required to provide amounts
sufficient to pay when due (i) all redemption premiums, if any,
on said Bonds, (ii) all principal and interest due on said Bonds
to their stated maturity dates or any earlier permissible date
upon which they may be redeemed prior to maturity in accordance
with their terms, (so long as notice of such redemption shall
have been duly given as herein required), and (iii) all such
future Paying Agent fees and expenses; and provided further that
the securities deposited for this purpose shall be limited to
securities which may be purchased for an escrow account under the
provisions of Section 475.67, Minnesota Statutes, or any
amendments or supplements thereto.
(3) All liability of the AUTHORITY to the Holders of
any Bonds for the payment of principal and interest and any
premium thereon shall forthwith cease, terminate and be
completely discharged upon payment and discharge of the Bonds as
356761.1
42
provided in this Section 8-2, and said Holders shall have a claim
~ therefor solely upon the cash or cash and securities so deposited
\-.J with the Paying Agent or in escrow and shall not be entitled
thereafter to any other benefit of or security under this
Resolution or the Lease.
(4) Any Bonds paid and discharged as provided in this
Section 8-2 shall no longer be deemed outstanding for the
purposes of this Resolution.
8-3. Cancellation of Surrendered Bonds
and Coupons.
The AUTHORITY may at any time surrender to the Paying
Agent for cancellation by it any Bonds previously authenticated
and delivered hereunder, which the AUTHORITY acquired in any
manner whatsoever, and such Bonds, upon such surrender and
cancellation, shall be deemed to be paid and retired.
'\
)
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/
356761.1
43
ARTICLE NINE
,
,_J
SUPPLEMENTAL AND AMENDATORY RESOLUTIONS
9-1. Supplemental and Amendatory Resolutions
Not Reauirina Consent of Bondholders.
\
,
/
The AUTHORITY may, from time to time and at any time,
without the consent of or notice to any of the Bondholders, and
when so required by this Resolution shall adopt a resolution or
resolutions supplemental to or amendatory of this Resolution as
shall not be inconsistent with the terms and provisions hereof
(which supplemental or amendatory resolution or resolutions shall
thereafter form a part hereof), so as to thereby (I) permit the
issuance of Additional Bonds as provided in Section 2-5, or
duplicate Bonds as provided in Section 2-6, (2) cure any
ambiguity or formal defect or omission in this Resolution or in
any supplemental resolution, (3) grant for the benefit of the
Bondholders any additional rights, remedies powers, authority or
security that may lawfully be granted to or conferred upon the
Bondholders, (4) substitute or add additional equipment,
machinery or land or to release land or property in the manner
specifically provided herein or to more precisely identify any
equipment or machinery forming a part of the Project and
generally described in Exhibit B and any other property, real or
personal which may become a part of the Project, (5) modify,
eliminate and/or add to the provisions of this Resolution to such
extent as shall be necessary to prevent any interest on the Bonds
from becoming taxable under the Federal income tax laws or to
allow the Bonds to be qualified under a different exemption under
Section 103 of the Internal Revenue Code, (6) make any other
change determined by the AUTHORITY necessary to reconcile the
Resolution with the Lease or any amendment thereto or (7) make
any other change to the Resolution which in the reasonable
judgment of the AUTHORITY is not to the prejudice of any Holders
of the Bonds who have not consented to the change.
9-2. Supplemental and Amendatorv Resolutions
Reauirinq Consent of Bondholders.
Exclusive of supplemental and amendatory resolutions
covered by Section 9-1 hereof and subject to the terms and
provisions contained in this Section, and not otherwise, the
AUTHORITY upon receipt of an instrument evidencing the consent to
the below-mentioned supplemental or amendatory resolution by the
Holders of not less than fifty-one percent (51%) of the aggregate
principal amount of the Bonds outstanding, secured in accordance
with the provisions of Sections 11-1 and 1-2, shall adopt such
other resolution or resolutions supplemental or amendatory
thereto as shall be deemed necessary and desirable for the
, ,
, /
356761.1
44
\
\ _I
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,
/
/
purpose of modifying, altering, amending, adding to or
rescinding, in any particular, any of the terms or provisions
contained in this Resolution or in any supplemental or amendatory
resolution; provided, however, that nothing herein contained
shall permit or be construed as permitting (I) an extension of
the maturity of any Bond of a nonconsenting Holder thereof, or
(2) a reduction in the principal amount of any Bond of a
nonconsenting Holder thereof, or (3) a privilege or priority of
any Bond or Bonds over any other Bond or Bonds of a nonconsenting
Holder thereof, or (4) a reduction in the aggregate principal
amount of the Bonds required for consent to such supplemental or
amendatory resolution or (5) the subordination or release of the
AUTHORITY's title to and security interest in the Project except
as otherwise permitted herein, without the consent of the Holders
of one hundred percent (100%) of the principal amount of the
Bonds then outstanding (hereinafter "100% Bondholder Consent")
secured in accordance with Section 11-1.
Anything herein to the contrary notwithstanding, a
supplemental or amendatory resolution under this Article Nine
which adversely affects the right of the Lessee under the Lease
shall not become effective unless and until the Lessee shall have
consented in writing to the adoption and delivery of such
resolution, except supplemental or amendatory resolutions adopted
after any termination of the Lease. In this regard, the
AUTHORITY shall cause notice of the proposed adoption of any such
supplemental or amendatory resolution, together with a copy of
the proposed amendatory resolution, to be mailed by certified or
registered mail to the Lessee at least fifteen (15) days prior to
the proposed date of adoption and delivery of any such
resolution. The Lessee shall be deemed to have consented to the
adoption and delivery of any such resolution if the AUTHORITY
does not receive a letter signed by a Representative of the
Lessee of protest or objection thereto on or before 4:30 o'clock
P.M., Central Standard or Central Daylight time, whichever is
then in effect, of the fifteenth day after the mailing of said
notice and a copy of the proposed resolution to the Lessee unless
such fifteenth day falls on a Business Day in which event the
letter of objection must be received on the next succeeding
Business Day.
356761.1
45
ARTICLE TEN
\
. / AMENDMENT TO LEASE
10-1. Amendments Without Bondholder Consent.
The AUTHORITY and the Lessee may without the consent of
or notice to any of the Bondholders consent to any amendment,
change or modification of the Lease or the Ground Lease;
(1) to facilitate, (i) the conveyance of an easement
for access or utility services and the subordination of the
rights of the Lessee, and the AUTHORITY under the Lease or the
Ground Lease to such easement as provided in Section 6-2, (ii)
the release of unimproved land and equipment as provided in
Sections 6-3 and 6-4, or (iii) the issuance of Additional Bonds
without Bondholders' consent as provided by Section 2-5 or
duplicate Bonds as provided in Section 2-6;
(2) which may be required by the provisions of the
Lease, the Ground Lease, or this Resolution;
(3) for the purpose of curing any ambiguity or formal
defect or omission;
(4) in connection with any property or equipment
'. acquired and which constitutes a part of the Project, including
/ the Project Equipment described in Exhibit B, so as to more pre-
cisely identify the same or substitute or add additional equip-
ment supplied pursuant to the Lease or the Ground Lease;
(5) to reconcile the Lease or the Ground Lease with
any supplement to the Resolution; or
(6) to effect any other change therein which in the
reasonable judgment of the AUTHORITY is not to the prejudice of
any Holders of the Bonds.
10-2. Amendments Reauirina Bondholder Consent.
Except for amendments, changes or modifications as
provided in Section 10-1 of this Resolution, neither the AUTHOR-
ITY nor the Lessee shall consent to any other amendment, change
or modification of the Lease or the Ground Lease without
publication of notice and the written approval or consent of the
Holders of not less than fifty-one percent (51%) in aggregate
principal amount of the Bonds at the time outstanding given and
procured as provided in Sections 11-1 and 11-2. If at any time
the Lessee shall request the consent of the AUTHORITY to any such
proposed amendment, change or modification of the Lease or the
"
/
356761. 1
46
Ground Lease, the AUTHORITY shall in the absence of 100%
\ Bondholder Consent, upon being satisfactorily indemnified with
/ respect to expenses, cause notice of such proposed amendment,
change or modification to be published in the same manner as
provided in Section 11-2.
~
356761.1
47
ARTICLE ELEVEN
\
MISCELLANEOUS
11-1.
Consent of Bondholders.
Any consent, request, direction, approval, objection or
other instrument required by this Resolution to be signed and
executed by the Bondholders may be in any number of concurrent
writings of similar tenor and must be signed or executed by such
Bondholders in person or by agent appointed in writing. Proof of
the execution of any such consent, request, direction, approval,
objection or other instrument or of the writing appointing any
agent and of the ownership of Bonds, if made in the following
manner, shall be sufficient for any of the purposes of this
Resolution, and shall be conclusive in favor of the AUTHORITY
with regard to any action taken by it under such request or other
instrument, namely:
(I) The fact and date of the execution by any person
of any such writing may be proved by the certificate of any
officer in any jurisdiction who by law has power to take
acknowledgements within said jurisdictions that the person
signing such writing acknowledged before him the execution
thereof, or by an affidavit of any witness to such execution.
,
,
(2) The fact of the holding by any person of Bonds and
the amounts and numbers of such Bonds, and the date of the
holding of the same, shall be proved by reference to the Bond
Register.
, /
11-2. Notice of Amendments.
If at any time the AUTHORITY desires to adopt any
supplemental or amendatory resolution and/or amend the Lease as
herein provided without 100% Bondholder Consent, unless consent
of and notice to the Bondholders is not required, the AUTHORITY
shall cause notice of the proposed resolution or amendment to be
published at least once in a financial periodical or newspaper of
general circulation published in a Minnesota city of the first
class or its metropolitan area. Such notice shall briefly set
forth the nature of the proposed resolution or amendment and
shall state that copies thereof are on file at the principal
office of the AUTHORITY for inspection by all Bondholders. The
AUTHORITY shall not, however, be subject to any liability to any
Bondholder by reason of its failure to publish such notice, and
any such failure shall not affect the validity of such resolution
or amendment when consented to and approved as herein provided.
If the Holders of not less than fifty-one percent (51%) in
aggregate principal amount of the Bonds Outstanding hereunder at
'.
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/
356761.1
48
~
I
,
the time of the adoption of such resolution or amendment shall
have consented to and approved the adoption thereof as herein
provided, no Holder of any Bond shall have any right to object to
any of the terms and provisions contained therein, or the
operation thereof or in any manner to question the propriety of
the adoption thereof, or to enjoin or restrain the AUTHORITY or
the Lessee from adopting or executing the same or from taking any
action pursuant to the provisions thereof.
11-3. Severabilitv.
If any provision of this Resolution shall be held or
deemed to be or shall, in fact, be inoperative or unenforceable
as applied in any particular case in any jurisdiction or juris-
dictions or in all jurisdictions or in all cases because it
conflicts with any provisions of any constitution or statute or
rule or public policy, or for any other reason, such circum-
stances shall not have the effect of rendering the provision in
question inoperative or unenforceable in any other case or
circumstance, or of rendering any other provision or provisions
herein contained invalid, inoperative or unenforceable to any
extent whatever. The invalidity of anyone or more phrases,
sentences, clauses or paragraphs in this Resolution contained
shall not affect the remaining portions of this Resolution or any
part thereof.
11-4. Authentication of Transcript.
The officers of the AUTHORITY are directed to furnish
to the attorneys approving the legality thereof, certified copies
of this Resolution and all documents referred to herein, and
affidavits or certificates as to all other matters which are
reasonably necessary to evidence the validity and marketability
of the Bonds. All such certified copies, certificates and
affidavits, including any heretofore furnished, shall constitute
recitals of the AUTHORITY as to the correctness of all statements
contained therein.
11-5. Limitation of Liabilitv.
To the extent permitted by law, no provision, covenant
nor agreement contained in this Resolution shall give rise or
impose upon the Lessee or the AUTHORITY or any of its officers,
employees or agents any pecuniary liability.
11-6. Reaistration of Bond Resolution.
The Secretary of the AUTHORITY is authorized and
directed to cause a copy of this Resolution to be filed with the
County Auditor of Anoka County, and to obtain from said County
~
356761.1
49
the time of the adoption of such resolution or amendment shall
\ have consented to and approved the adoption thereof as herein
/ provided, no Holder of any Bond shall have any right to object to
any of the terms and provisions contained therein, or the
operation thereof or in any manner to question the propriety of
the adoption thereof, or to enjoin or restrain the AUTHORITY or
the Lessee from adopting or executing the same or from taking any
action pursuant to the provisions thereof.
11-3. Severabilitv.
If any provision of this Resolution shall be held or
deemed to be or shall, in fact, be inoperative or unenforceable
as applied in any particular case in any jurisdiction or juris-
dictions or in all jurisdictions or in all cases because it
conflicts with any provisions of any constitution or statute or
rule or public policy, or for any other reason, such circum-
stances shall not have the effect of rendering the provision in
question inoperative or unenforceable in any other case or
circumstance, or of rendering any other provision or provisions
herein contained invalid, inoperative or unenforceable to any
extent whatever. The invalidity of anyone or more phrases,
sentences, clauses or paragraphs in this Resolution contained
shall not affect the remaining portions of this Resolution or any
part thereof.
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/
11-4. Authentication of Transcript.
The officers of the AUTHORITY are directed to furnish
to the attorneys approving the legality thereof, certified copies
of this Resolution and all documents referred to herein, and
affidavits or certificates as to all other matters which are
reasonably necessary to evidence the validity and marketability
of the Bonds. All such certified copies, certificates and
affidavits, including any heretofore furnished, shall constitute
recitals of the AUTHORITY as to the correctness of all statements
contained therein.
11-5. Limitation of Liabilitv.
To the extent permitted by law, no provision, covenant
nor agreement contained in this Resolution shall give rise or
impose upon the Lessee or the AUTHORITY or any of its officers,
employees or agents any pecuniary liability.
11-6. Reaistration of Bond Resolution.
The Secretary of the AUTHORITY is authorized and
directed to cause a copy of this Resolution to be filed with the
County Auditor of Anoka County, and to obtain from said County
,
/
356761.1
49
Auditor a certificate that the issue of Bonds hereunder has been
) duly entered upon his Bond register.
11-7. Approval of Lessee.
The Lessee has examined and given approval of this
Resolution and all terms hereof and approves the sale of the
Bonds as provided for herein for the price and terms set forth
herein.
11-8.
Authorization to Execute Lease. Ground Lease,
Representation Letter. and Incidental
Documents.
The form of the proposed Lease and Ground Lease between
the AUTHORITY and Lessee and the Representation Letter are hereby
approved and the President and Secretary of the AUTHORITY are
authorized to execute the same, the official statement to be used
by the Purchaser in marketing the Bonds, and such other documents
as Bond Counselor Independent Counsel consider appropriate for
Bond Closing, in the name of and on behalf of the AUTHORITY.
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356761.1
50
'\
/ Adopted: August 5, 1997.
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Attest:
President of the Economic
Development Authority of the City
of Andover
Secretary
356761.1
51
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EXHIBIT A
LEGAL DESCRIPTION OF REAL ESTATE
356761.1
A-I
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EXHIBIT B
PROJECT EQUIPMENT
356761.1
B-1
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CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
DATE AUl!:ust 5.1997
AGENDA SECTION
ORIGINA TING DEPARTMENT
Finance f:J--("0
Jean D, McGann ~
EDA
lITEM NO. Id.
AWARD SALE/PUBLIC WORKS BUILDING
REQUEST:
The Andover Economic Development Authority is requested to award the sale of the 1997D Public Works
Revenue Bond by doing a negotiated sale with Juran & Moody,
The board needs to determine if they wish to enter into a 10 or 20 year lease with the City of Andover. Copies
of cash flow statements for both time frames are enclosed for your review,
Mr, Tom Truzinski is here tonight to answer any questions you may have and also to explain the rates received
as a result of the negotiated sale,
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CITY OF ANDOVER
REQUEST FOR ECONOMIC DEVELOPMENT AUTHORITY ACTION
DATE: AUlrust S. t 997
AGENDA SECTION
ORIGINATING DEPARTMENT
Discussion
Community Development
David L. Carlberg ~
Community Development Director
ITEM NO.
Discuss Lot Sale
\3. Lot 3, Block 3, Andover Commercial Park
Bob Peterson
The Economic Development Authority (EDA) is requested to discuss the sale of Lot 3, Block 3,
Andover Commercial Park to Bob Peterson, owner of a stucco construction business. Staff
requested a letter from Mr. Peterson explaining his operation and the intended use of the
property for EDA review. However, said letter was not received in time to be included in your
packet materials. Staff will present the letter at the meeting, if available. Mr. Peterson will be
present at the meeting to address the EDA.
\
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The sale price for the 1.83 (79,700 s.f.) acre lot is $43,835. The sale price is based on a cost of
$0.55 a square foot. If the EDA elects to sell the lot to Mr. Peterson, a $1,000 nonrefundable
escrow is required to hold the lot. The City Attorney will also be preparing the necessary
documents for the sale.
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CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
, /
DATE: AUlWst 5. 1997
AGENDA SECTION
Non-Discussion Items
ORIGINATING DEPARTMENT
City Clerk
U.O ~
ITEM NO.
\4. Approve Kennel License Renewals
The City Council is requested to approve the following kennel license renewals:
Commercial Kennel
Rob-Lyn Hiltz, dba BlueCollar St. Bernards
16541 Valley Drive NW
Private Kennel
,
I
Debbie Brink
208 - 166th Avenue NW
We have not received any complaints regarding either operation.
.
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CITY of ANDOVER
DOG KENNEL LICENSE RENEWAL
Name~et:b\e. or in~
Address20B- [ldo~A~sJuJ
. f1nclovef '('f) N6sen4
Telephone Number3Y+ - (Pfoto~'
Number of Dogs
Kennel Name
. Type of Kennel:
Commercial (any place where a person accepts dogs from the general public and
. where such animals
are kept for the purpose of selling, boarding, breeding, training,. or
.' grooming) ,
C;riVa~y place where more than three dogs are kept for private enjoy~ent and
ot for monetary gain, provided such animals Xowned by the owner or the
lessee of the premises on which they are kept)
************************************************************************
************************************************************************
Fee: Renewal
$25.00
Fee Paid: '\\ ~\O\.'l
Date
~0~~~
Receipt Number
Council Action: Approved
Denied
"
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CITY of ANDOVER
DOG KENNEL LICENSE RENEWAL
Name ~ob-L1 N S. aNd T,'fYlofhj ~
Address I (:, 5 '-t I V A II e.l', b R. N 0
A~dover .fY)f\J 5S30V--/83<f-
I
/- GI'[).- 510-I'I/S
8
Kennel Name S\ ~e. (2,0 II ~r
/././I-z.
Telephone Number
Number of Dogs
BerN@rds
Type of Kennel:
Commercial (any place where a person accepts dogs from the general public and
where such animals
are kept for the purpose of selling, boarding, breeding, training, or
grooming) ~ . .'
, /
Private (any place where more than three dogs are kept for private enjoyment and
not for monetary gain, provided such animals are owned by the owner or the
lessee of the premises on which they are kept)
************************************************************************
************************************************************************
Fee: Renewal
$25.00
Fee Paid: 7-01'1- 91
Date
t/7 '~c:11
Receipt Number
Council Action: Approved
Denied
,
/
CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
,
)
DATE: AUlrost 5. 1997
AGENDA SECTION
Non-Discussion Items
ORIGINATING DEPARTMENT
City Clerk
O.
ITEM NO.
~ Acknowledge Probationary Period/B. Wells/Receptionist-Secretary
t:J,
The City Council is requested to acknowledge the successful completion of the six month
probationary period for Barbara Wells. Barb's wages will increase pursuant to the City's step
program.
, J
CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
DATE AlU!Ust 5.1997
AGENDA SECTION
Non-Discussion
ORIGINATING DEPARTMENT
Finance
Jean D, McGann
I ITEM NO. Ilo,
AUTHORIZE EXECUTION & DELIVERY OF GROUND LEASE
REOUEST:
The Andover City Council is requested to authorize the attached resolution for the execution and delivery of a
, Ground Lease agreement, Lease with option to purchase agreement and continuing disclosure undertaking,
J
BACKGROUND:
The Andover City Council has made the decision to proceed with the Public Works expansion and to issue a
Revenue Bond for the project. This resolution is part of the process to comply with regulations for this type of
Bond issue.
,
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EXTRACT OF MINUTES OF A MEETING OF THE
CITY COUNCIL OF THE CITY OF ANDOVER, MINNESOTA
HELD:' August 5, 1997
Pursuant to due call and notice thereof, a regular
meeting of the City Council of the City of Andover, Minnesota was
duly held at the City Hall in said City on the 5th day of August,
1997 at o'clock .M.
The following members were present:
and the following were absent:
Member introduced the following
resolution and moved its adoption:
,
RESOLUTION AUTHORIZING
THE EXECUTION AND DELIVERY OF A
GROUND LEASE AGREEMENT, LEASE WITH OPTION
TO PURCHASE AGREEMENT, AND CONTINuING
DISCLOSURE UNDERTAKING
The motion for the adoption of the foregoing resolution
was duly seconded by member , and upon vote being
taken thereon the following voted in favor thereof:
and the following voted against the same:
whereupon said resolution was declared duly passed and adopted.
356765.1
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RESOLUTION AUTHORIZING
THE EXECUTION AND DELIVERY OF A
GROUND LEASE AGREEMENT, LEASE WITH OPTION
TO PURCHASE AGREEMENT, AND CONTINUING
DISCLOSURE UNDERTAKING
'\
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BE IT RESOLVED by the Council of the City of Andover,
Minnesota, as follows:
1. Authoritv. The City of Andover, Minnesota (the
"City") is authorized pursuant to Minnesota Statutes, Section
465.71, to enter into a Lease With Option to Purchase Agreement
with the Economic Development Authority of the City (the
"Authority") to construct a public works building in the City
(the "project").
2. Authorization of Bonds; Documents Presented. The
Authority proposes to issue its $2,350,000 Public Project Revenue
Bonds of 1997 (City of Andover Lease With Option to Purchase
Project) (the "Bonds") payable from rental payments to be made
under the Lease. Forms of the following documents relating to
the Bonds and the Project have been submitted to the City Council
and are now on file in the office of the Clerk:
,
)
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(a) a' Ground Lease Agreement Hdated' as' of
September 1, 1997 (the "Ground Lease") executed by the
City pursuant to which the City leases the premises on
which the Project is to be constructed to the
Authority;
(b) a Lease With Option to Purchase Agreement
dated as of September 1, 1997 (the "Lease"), between
the Authority and the City which, among other things,
provides for the construction and installation of the
Project and pursuant to which the City is required to
pay rental payments sufficient to pay the principal and
interest on the Bonds when due;
(c) a Continuing Disclosure Undertaking (the
"Undertaking"), executed by the City because the City
is an obligated person under 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 is
therefore subject to continuing disclosure requirements
under the Rule (the "Disclosure Requirements"); and
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356765.1
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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.
10. 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.
Passed: August 5, 1997.
Mayor
Attest:
Clerk
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356765.1
4
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STATE OF MINNESOTA
COUNTY OF ANOKA SS
CITY OF ANDOVER
,I
I, the undersigned, being the duly qualified and acting
Clerk of the City of Andover, Minnesota, hereby certify that I
have carefully compared and attached the foregoing extract of
minutes of a meeting of the City Council of said City held
August 5, 1997, with the original thereof on file and of record
in my office and the same is a full, true and complete transcript
therefrom insofar as the same relates to the execution of a
Ground Lease Agreement, Lease With Option to Purchase Agreement,
and Continuing Disclosure Undertaking for the financing of a
public works building for said City.
WITNESS my hand this 5th day of August, 1997.
"
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Clerk
356765.1
5
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CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
DATE: Amrnst 5. 1997
AGENDA SECTION
Non-Discussion Item
ORIGINATING DEPARTMENT
Planning
ITEM NO.
Lot Split 97-06, Variance
14572 Dakota Street NW
Wade Shromoff
\t.
John Hinzman, :fw H-
City Planner
Request
The City Council is asked to approve the lot split and variance request of Wade Shromoff
to split the western 1,2SS.6 +/- square feet from a property located at 14S72 Dakota Street
NW owned by James and Judy Servidio and combine it adjacent property at 14S71
Eldorado Street NW. Variances are requested for minimum lot size, width and depth for
the split parcel. A covenant would be recorded to legally bind the split parcel to the
property owned by Mr. Shromoff, so that it could not be sold separately.
Planning and Zoning Commission Action
The Planning and Zoning Commission recommended approval of the proposed lot split
and variance at the July 22, 1997 meeting. Please consult the attached resolution,
minutes, and staff report for more information.
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CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO. R -97
A RESOLUTION APPROVING THE LOT spun VARIANCE REQUEST OF WADE
SHROMOFF ON PROPERTY OWNED BY JAMES J. AND JUDY B. SERVIDIO
PURSUANT TO ORDINANCE NO. 40 AND VARYING FROM THE PROVISIONS
OF ORDINANCE NO.8, SECTION 6.02, MINIMUM DISTRICT REQUIREMENT ON
PROPERTY LOCATED AT 14S72 DAKOTA STREETNW (PIN 30-32-24-14-0037).
WHEREAS, Wade Shromoff, has requested to a parcel, approximately 1,2SS square feet
from a property owned by James 1. and Judy B. Servidio pursuant to Ordinance No. 40
and varying from the provisions of Ordinance No.8, Section 6.02, Minimum District
requirements for an R-4, Single Family Urban District located at 14S72 Dakota Street
NW legally described as Lot 6, Block 3, The Meadows of Round Lake Addition.
WHEREAS, the Planning and Zoning Commission has reviewed the request and has
determined that said request meets the criteria of Ordinance No. 40 and that based on
) Section IV, the City Council may vary the application of any of the provisions of the
Ordinance; and
WHEREAS, the Planning and Zoning Commission finds the request would not have a
detrimental effect upon the health, safety, morals and general welfare of the City of
Andover; and
WHEREAS, a public hearing was held and there was no opposition to the request; and
WHEREAS, the Planning and Zoning Commission recommends to the City Council
approval of the lot split\variance as requested.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover
hereby agrees with the recommendation of the Planning and Zoning Commission and
approves the lot split\variance on said property with the following conditions:
1. That the lot split be subject to a sunset clause as defined in Ordinance No. 40, Section
III(E).
2. That a covenant be recorded that legally binds the split parcel to Lot 17, Block 3, The
Meadows of Round Lake Addition so they cannot be sold separately.
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3. That a certificate survey of the lot split be recorded with the City of Andover.
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Page Two
LS\VAR 97-06
14S72 Dakota Street NW
August S, 1997
Adopted by the City Council ofthe City of Andover on this 2th day of Au~ust,
1997.
CITY OF ANDOVER
A TrEST:
J.E. McKelvey, Mayor
Victoria V olk, City Clerk
, '"
CITY of ANDOVER
1685 CROSSTOWN BOULEVARD NW. . ANDOVER. MINNESOTA 55304 . (612) 755-5100
PLANNING AND ZONING COMMISSION MEETING - JULY 22, 19!}7
MINUTES
The Regular Bi-Monthly Meeting of the Andover Planning and Zoning
Commission was called to order by Acting Chairperson Jay Squires on July
22, 1997, 7:04 p.m. at the Andover City Hall, 1685 Crosstown Boulevard
NW, Andover, Minnesota.
Commissioners present:
Maynard Apel, Lynnette Barry (arrived at 7:08
p.m.), Mike Gamache, Jeff Luedtke, Lorna
Wells
Randy Peek
City Planning, John Hinzman
City Planning, Jeff Johnson
Others
Commissioner absent:
Also present:
APPROVAL OF MINUTES
June 24, 1997: Correct as written.
MOTION by Luedtke, Seconded by Wells, to approve as recorded. ' Motion
):arried 3-Yes (Gamache, Luedtke, Wells), 2-Present (Apel, Squires), 2-
Absent (Barry, Peek) vote.
\1..PUBLIC HEARING:
., SHROMOFF
LOT SPLIT/VARIANCE - 14572 DAKOTA S':J.'RBET NW - WADE
7:05 p.m. Mr. Hinzman reviewed the lot split/variance request of Wade
Shromoff to split the western 1,255.6 +/- square feet from the lot owned
by James and Judy Servidio at 14572 Dakota Street NW and combine it'with
property at 14571 Eldorado Street NW in the Meadows of Round Lake.
Variances are requested for the minimum lot size and depth of the
remnant parcel. The triangular remanent parcel is approximately 31 by
81 feet and will be legally bound to Lot 17, Block 3 so they cannot b2
sold separately. It was thought the property line began at a utility
box 31 feet east of the actual line, and Mr. Shromoff is proposing to
use that utility box for his northeast property corner.
(Commissioner Barry arrived at this time, 7:08 p.m.)
Mr. Hinzman noted the applicable ordinances, stating Staff is
recommending approval with conditions. This is similar to other splits
in platted areas, as it is the only way to change lot lines without
replatting. Commissioner Wells stated the area is just grass with no
structure. The original intent when platted is where the lot lines are
~;urrently with the irons in the ground. There is no hardship.
Commissioner Apel stated in the past the City has allowed neighbors to
exchange small parcels of land. The City itself even made adjustments
in lot lines years ago in Auditor's Subdivision 42 because of an error
in the lot descriptions.
r
Regular Andover Planning and Zoning Commission Meeting
Minutes - July 22, 1997
\ Page 2
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(Public Hearing: Lot Split/Variance - 14572 Dakota, Shromoff, Continued)
Mr. Hinzman stated both lots will still meet the minimum lot size and
setback requirements if this lot split/variance is approved, and there
will be no effect on the values of any of the surrounding area.
MOTION by Luedtke, Seconded by Wells, to open the public hearing.
Motion carried on a 6-Yes, I-Absent (Peek) vote. 7:l4 p.m.
Wade Shromoff, l4571 Eldorado Street NW - stated he bought the property
about three years ago. When he moved in, the neighbor on Dakota had
already sodded his yard to where he thought the property line was. When
he sodded his yard, he included that remaining portion of this
triangular area. Neither he nor the neighbor realized where the
property line was until the end of last summp.r when they looked at the
plat design. He put in the grass and maintained this triangular area,
and his neighbor has approved to having the lot line moved to include
that area with his lot. They want to move the lot line legally.
MOTION by Barry, Seconded by Wells, to close the public hearing. ~otion
carried on a 6-Yes, I-Absent (Peek) vote. 7:16 p.m.
Commissioner Wells disagreed with this as it also affects many other
'things. All legals are public record; and those purchasing property are
/responsible to see where those legals are. She was concerned that there
will be more and more of these, negating the intent of the plats. In
this case there is no physical structure nor a problem with the
easement.
Mr. Hinzman stated the legal descriptions of both parcels will have to
be redone and new property identification numbers assigned at the county
level. Acting Chairperson Squires was comfortable with the proposal
since the variance is only for the remnant parcel which will immediately
be attached to Shromoff I s parcel. Plus all applicable setbacks anJ
minimum lot sizes will be retained. This is not the traditional
variance where something doesn't meet the minimum standards.
Commissioner Apel stated the Commission is asked to look at a variance
in terms of the City ordinance. It is a neighborhood agreement which
has been approved in the past. Much of this is common sense.
MOTION by Apel, Seconded by Luedtke, to forward to the City Council the
Resolution approving the lot split/variance request as preser.t:ed by
Staff. Motion carried on a 5-Yes, I-No (Wells), I-Absent (Peek) vote.
This will be placed on the August 5, 1997, City Council agenda. 7:25
p.m.
DECK ENCROACHING INTO THE SIDEYARD SETBACK - 3467
WILLIAMS
VARIANCE -
"42ND LANE NW -
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Mr. Johnson reviewed of Brian Williams for a variance to
construct a deck encroaching into t uired 10-foot sideyard setback
at 3467 142nd Lane NW, Lot 6, Block 1, ec Second Addition. The
'1
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CITY OF ANDOVER
REQUEST FOR PLANNING COMMISSION ACTION
DA TE July 22, 1997
AGENDA ITEM
3. Public Hearing: LS 97-06 Variance
14S72 Dakota Street NW
Wade Shromoff
ORIGINATING DEPARTMENT
Planning $
John Hinzman -1
BY: (';tu Pl. ,~,
APPROVED FOR
AGENDA
BY:
Request
The Planning and Zoning Commission is asked to review the lot split\variance request of
Wade Shrornoffto split the western 1,2SS.6 +/- square feet from a property owned by
James and Judy Servidio and combine it with property at 14S71 Eldorado Street NW.
Variances are requested for minimum lot size, and depth for the remnant parcel. The
property is located at 14S72 Dakota Street NW (PIN 30-32-24-14-0037) and legally
described as Lot 6 Block 31 The Meadows of Round Lake Addition.
The property is zoned R-4, Single Family Urban.
Applicable Ordinances
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Ordinance No. 40, regulates the division oflots. A lot split is defined as any division of a
lot, parcel or tract of land into not more than two (2) parcels when both divided parcels
meet or exceed the minimum requirements for a platted lot in the applicable zoning
district. Section IV also gives the City Council the power to vary or modify the
application of this ordinance provided such variance or modification is consistent with
the letter and intent of the Comprehensive Plan.
Ordinance 8, Section S.04, establishes the variance procedure and process.
Ordinance No.8, Section 6.02, establishes the provisions for minimum lot width, lot
depth and lot area in a R-4, Single Family Urban zoned district. The minimum
requirements in a R-4 district are as follows:
Lot Width at Front Setback
Lot Depth
Lot Area Per Dwelling
- 80 feet
- 130 feet
- 11 ,400 square feet
Background
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Wade Shromoff is requesting to split a triangular shaped parcel approximately 31 feet by
81 feet from the adjoining property owner to the east. It was thought that the property
property line began at a utility box, 31 feet east of the actual line. Mr. Shromoff is
\
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Page Two
LS\VAR 97-06, Shromoff
14S72 Dakota Street NW
July 22, 1997
proposing to use that utility box to mark his northeast property corner. The new line
would then transverse southwesterly to the existing southeast property corner.
Determination
Staff has determined that strict enforcement of the provisions of6.02 would preclude the
applicant reasonable use of the property, creating an unnecessary hardship, not created by
the property owner, and reason for granting a variance, as stipulated in Ordinance 8,
Section S.04. Variances for lot width have been granted recently for similar situations in
the R-4 district.
Commission Options
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1. The Planning and Zoning Commission may recommend to the City Council approval
of the lot split\variance requested by Wade Shromoff on property owned by James and
Judy Servidio located at 14S72 Dakota Street NW, legally described as Lot 6 Block 3, The
Meadows of Round Lake Addition. The Commission finds the request meets the
requirements of Ordinances No.8 and 40.
2. The Planning and Zoning Commission may recommend to the City Council denial of
the lot split\variance requested by Wade Shromoff on property owned by James and Judy
Servidio located at 14S72 Dakota Street NW, legally described as Lot 6 Block 3, The
Meadows of Round Lake Addition. The Commission finds the request does not meet the
requirements of Ordinances No.8 and 40. In recommending denial of the request, the
Commission shall state those reasons for doing so.
3. The Planning and Zoning Commission may table the item pending further information
from Staff.
Staff Recommendation
Staff recommends approval of the lot split\variance as requested with the following
conditions:
1. That the lot split be subject to a sunset clause as defined in Ordinance No. 40, Section
IlI(E).
,
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2. That a covenant be recorded that legally binds the split parcel to Lot 17, Block 3, The
Meadows of Round Lake Addition so they cannot be sold separately.
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Page Three
LSW AR 97-06, Shromoff
14S72 Dakota Street NW
July 22,1997
3. That a certicate of survey ofthe lot split be recorded with the City of Andover..
Attachments
A-I Resolution
A-2 Area Location Map
A-3 Site Location Map
A-4 Lot Split and Variance Applications
A-S Notice of Public Hearing
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CITY of ANDOVER
1685 CROSSTOWN BOULEVARD NW. . ANDOVER, MINNESOTA 55304 . (612) 755-5100
LOT SPLIT REQUEST FORK
Property Address BS7.:2 [atob s+rt>et- Nw
Legal Description of Property:
(Fill in whichever is appropriate):
Lot
6 Block 3
30- ~- ~4 -/4-0C/f7
Addition ,M1=AOol<li' 0;:' R,OUAJ{J i AleE
(If metes and bounds, attach the
complete legal description).
Is the property: Abstract )( or Torrens ? (This
information must be provideafina can be obtained from the
County) ..
PIN
-----------------------------------------------------------------
Reason for Request DUE: TO lJTz<.rrY t.OUlr="'.s, F"R S[;VEtt.~<. "EARJ LIAlE la,
....'~, THooJ{"i-Jr TlJ at" INE PRcf'5I!.r'/ LINt" AEn..JI:~") LC,S ,,2 tz. "'.., II. LIAJe B FIT!.
,
BET/eR. I~o wE NEr'Hf'T-~Hc,'D 50 In> fV50IlESTEO T1f11r 71ft: SHl\o"'O AREA B!:TWEE-.>
-
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L-:r"'~> Ai 13 BE< SPur 1=R.CIVI L.OT /... AN" L-=r..ALLY ATTAC.HEo TO LCT /7.
, I
Current zoning j?-;If - S;::::-q
-----------------------------------------------------------------
Name of Applicant W.A, DE SHRo,......or:F
Address 1457/ fELDoR-Aoe ST. Nw
ANDovSI'l... J'1.1<J. '553C"/
Home Phone ~2.3- '-1/92-
Signature ~~L ~
Business Phone f:,5"l-77J'f
Date 6//1/97
,
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;;:~:;~;-~:::;-~;::-~:::;;-~~;~-3F-;~):-Lf-~;~~:i~~-------
(If different from above) (
Address / l-jS?L /J1'f/r7;7/f ST NW AAldovt'lj HN .5.5'36/9
Home Phone 3 - 0 ;;t Business Phone ,?~ 3 - ().;t!t ')
signature' Date 4> l:to)fJ '/
-------__,_ ___ _ _______________________________L__t___~________
-
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CITY of ANDOVER
VARIANCE REQUEST FORM
Property Address /457.;). Dako-la s+rtB+ /lJf1J
Legal Description of Property:
(Fill in whichever is appropriate):
Lot
b
Block 3
Addi tion ,MF-Aoows 01= Itoo...a LA-kF
Plat Parcel PIN '3o-3Z.-2t.f-IIf-oc3,
(If metes and bounds, attach the complete legal)
Description of Request ~e TO ()7):LTrY LDC"'n:o.v.5, FaR. SElISAA<.. YF^~s Lr...,.!:: 8
W4S T1fO.x.,H r TO 13'" mE' Plk.PER.rY LINE AEr",Sl!""
LOT!: {,9o 17. M.:.r A. L:t^'E /?,
.
B~rTE1l..
F.rrs
PJro THI5 ;VI:YbHB,,^/fOJD ~o:.;T~ flEltvEsrE,o TlIAr mE SHADED AR.-......, 6ETwE~.-v LXAJe.J
~
.~ t P, ge SPL~T FR.e'"' LeT b -4"'0 LS'(.AL<Y N17"1l"-HE"O 10 LoT /7.
Specific Hardship
"
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Section of Ordinance ~J ~ecl. ~,L):l Current zoning t?-L/
Name of Applicant WADS SH(l.,o....cI:F
Address
1'1571 E '-OOAADo 5/. NLJ
A",-ocvcR , /l'vJ. sr]v,",
Home phone 323 -'11'11-
Business Phone (,S'"'1-77fy
Date b //9/9?
Signature
w~~
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CITY of ANDOVER
1685 CROSSTOWN BOULEVARD NW. - 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, July 22,1997 at Andover
City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota to review the lot split
and variance request of Wade Shromoffof 14571 Eldorado Street NW to split a parcel
owned by James and Judy Servidio at 14572 Dakota Street NW, legally described as Lot
6, Block 3, Meadows of Round Lake Addition (PIN 30-32-24-14-0037). A covenant" "
would be recorded to convey the split parcel to the applicant's property so it could not be
sold separately. "
All written and verbal comments will be received at that time. A copy of the application
will be available for review prior to the meeting at City Hall.
~(/~
Victoria V olk, City Clerk
Publication dates: July 11, 1997
July 18, 1997
PIN: 293224230020
ANDOVER CITY OF
1685 CROSSTOWN BLVD NW
'DOVER MN 55304
, /
PIN: 303224140015
NEDEGAARD CONSTRUCTION
1814 NORTH DALE BLVD NW
COON RAPIDS MN 55448
PIN: 303224140016
NEDEGAARD CONSTRUCTION
1814 NORTH DALE BLVD NW
COON RAPIDS MN 55448
PIN: 303224140017
CHRISTOFFERSON MARK E & S J
14599 DAKOTA ST NW
ANDOVER MN 55304
PIN: 303224140018
J SCOTTY BUILDERS INC
80 W 78TH ST #260
CHANHASSAN MN 55317
PIN: 303224140019
WORACHEK PAUL B & DEBORAH A
14575 DAKOTA ST NW
ANDOVER MN 55304
PIN: 303224140020
KURILLA GORDON R & SUSAN S
14563 DAKOTA ST NW
ANDOVER MN 55304
PIN: 303224140021
HALEK SCOTT W & SUSAN B
14551 DAKOTA ST NW
ANDOVER MN 55304
PIN: 303224140022
EGGLESTON MARK D & BRIDGET C
4118 146TH LN NW
ANDOVER MN 55304
PIN: 303224140023
NYGAARD GARY R & JANET A
4104 146TH LN NW
ANDOVER MN 55304
. .'
PIN: 303224140024
SLAVIK THOMAS J & BURM RENEE E
4088 146TH LN NW
ANDOVER MN 55304
PIN: 303224140025
LESTER STEPHEN & DOREEN
4074 146TH LN NW
ANDOVER MN 55304
PIN: 303224140026
BURKLAND WILLIAM G & DONNA M
4060 146TH LN NW
ANDOVER MN 55304
PIN: 303224140027
PERRY CURTIS J & PEGGY S
4061 146TH AVE NW
ANDOVER MN 55304
PIN: 303224140028
BROWN JOHN W & SHIRLEY J
4075 146TH AVE NW
ANDOVER MN 55304
PIN: 303224140029
HEIGES NEIL F & CHRISTINE M
4089 146TH AVE NW
ANDOVER MN 55304
PIN: 303224140030
ANDERSON JAMES H & NELLIE L
4103 146TH AVE NW
ANDOVER MN 55304
PIN: 303224140031
MOLENAAR DONNA
4115 146TH AVE NW
ANDOVER MN 55304
\: 303224140032
. ,
PATRICK DIANA L
4114 146TH AVE NW
ANDOVER MN 55304
PIN: 303224140033
TAILLEFER DUANE M & YVETTE
4102 146TH AVE NW
ANDOVER MN 55304
PIN: 303224140034
QUIRING THOMAS W & MARY C G
4090 146TH AVE NW
" ,
, DOVER MN 55304
" /
PIN: 303224140035
MORGAN THOMAS P & WENDY K
4078 146TH AVE NW
ANDOVER MN 55304
PIN: 303224140036
BOYD JOSEPH R & BONNIE S
4066 146TH AVE NW
ANDOVER MN 55304
PIN: 303224140037
SERVIDIO JAMES J & JUDY B
14572 DAKOTA ST NW
ANODVER MN 55304
PIN: 303224140038
CLARK RONALD L & NIKKI L
14560 DAKOTA ST NW
ANDOVER MN 55304
PIN: 303224140039
SHIELDS JOHN W JR & SUSAN D
14548 DAKOTA ST NW
ANDOVER MN 55304
PIN: 303224140040
WEISSMAN GERALD
14536 DAKOTA ST NW
ANDOVER MN 55304
PIN: 303224140041
KOLOC JAN D & TIMMERMAN MARY
14524 DAKOTA ST NW
ANDOVER MN 55304
PIN: 303224140042
NELSON RICHARD C & BARBARA A
14512 DAKOTA ST NW
ANDOVER MN 55304
PIN: 303224140043
NELSON RICHARD E
14511 ELDORADO ST NW
ANDOVER MN 55304
/
PIN: 303224140044
GETTA MATTHEW V & KRISTIN A
14523 ELDORADO ST NW
ANDOVER MN 55304
PIN: 303224140045
ERICKSON LAURIE J
14535 ELDORADO ST NW
ANDOVER MN 55304
PIN: 303224140046
SLAVIK MICHAEL F & LISA R
14547 ELDORADO ST NW
ANDOVER MN 55304
PIN: 303224140047
EHLERS DANIEL R & MAUREEN A
14559 ELDORADO ST NW
ANDOVER MN 55304
PIN: 303224140048
SHROMOFF WADE A & SUZANNE M
14571 ELDORADO ST NW
ANDOVER MN 55304
PIN: 303224140054
BROMLEY BRIAN K
4141 146TH AVE NW
ANDOVER MN 55304
PIN: 303224140062
ANDERSON TODD A & PATRICE M
4148 146TH AVE NW
ANDOVER MN 55304
PIN: 303224140063
ROBERTS NANCY & SOPKOWIAK MICH
4136 146TH AVE NW
ANDOVER MN 55304
"
", .': 303224140064
SEVERSON ROBERT R & JOSETTE M
4127 145TH LN NW
ANDOVER MN 55304
PIN: 303224140065
KUTA PATRICK C & SHERRI L
4139 145TH LN NW
ANDOVER MN 55304
PIN: 303224140074
HEMKlN DANIELD J & BARBARA H
4134 145TH LN NW
, . ;DOVER MN 55304
PIN: 303224140075
LONG BRIAN D & SUSA CYNTHIA J
4122 145TH LN NW
ANDOVER MN 55304
PIN: 303224140076
DIEKMAN LEE W & SUSAN R
4121 145TH AVE NW
ANDOVER MN 55304
PIN: 303224140086
GRIVNA CRAIG R & CHARLOTTE G
14489 ELDORADO ST NW
ANDOVER MN 55304
PIN: 303224140087
KOSSAN SCOTT A & DENISE E
4056 145TH AVE NW
ANDOVER MN 55304
PIN: 303224140088
EKBERG TRENT D
4044 145TH AVE NW
ANDOVER MN 55304
PIN: 303224140089
MASHUGA BRIAN L & BECKY S
4032 145TH AVE NW
ANDOVER MN 55304
PIN: 303224140092
BETZ HANS G & ARLIS M
14539 DAKOTA ST NW
ANDOVER MN 55304
PIN: 303224140093
PAXTON SCOTT E & SUSAN P
14527 DAKOTA ST NW
ANDOVER MN 55304
\
. )
PIN: 303224140095
LANGE JAY D & ANABEL F
4021 145TH AVE NW
ANDOVER MN 55304
PIN: 303224140094
JERDEE GERALD A & MARGARET H
14515 DAKOTA ST NW
ANDOVER MN 55304
PIN: 303224140097
ANDOVER CITY OF
1685 CROSSTOWN BLVD NW
ANDOVER MN 55304
/
CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
/
DATE: August 5. 1997
AGENDA SECTION
ORIGINATING DEPARTMENT
Non-Discussion
Planning
Jeff Johnson
ITEM NO.
Variance - Construct Deck
Encroaching into Sideyard Setback
3467 142nd Lane NW
Brian Williams
\~.
The City Council is asked to approve the variance request of Brian Williams (3467 142nd Lane NW) to
allow for the placement of a deck to encroach 2 1/2 feet into the required ten (10) foot sideyard setback.
\
J
The Planning and Zoning Commission met on July 22, 1997 (see attached minutes from meeting) and
recommends unanimously to the City Council approval of said variance.
A resolution is attached for review and approval.
/
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CITY of ANDOVER
Property Address
VARIANCE REQUEST FORK
d </6 7 I cId- AP i/f;i6 A/iU
Legal Description of Property:
(Fill in whichever is appropriate):
Lot
o
Block J
Addition
KA-DLEC '- kccrx.Jo 40,0 l7}rnJ
Plat Parcel PIN
(If metes and bounds, attach the complete legal)
---------------------------------------------------------------------
Description of Request /) At2llfruc~ 06 s't Ocr .SET /57}c ~ 7lJ
IfLu!Zu Z:C-CC"(U 8vC(LtWf! 2 II?. Fr /,wo leJ n )(f)c-' ,q-7/JACc
~p,ecific Hardship LA-r 2r LA1t//J t f);S771/l./c-e::- '/=/&,J)v.. PlT77tJ D(){)JC,
. / TZJ PI? d ;::f:7lTJ' ~ ~
Current Zoning
?-I/
Section of Ordinance
::::-::-:::::::::---~/~;-~~~~:~~---------------------------
Address 3.4; 7 /L/.J /II!' L/h.-t VI-U
Home Phone d 9..2 '7} Business Phone
Signature
~ ,
-L.f..e.e~t...'"
37cJ </90 cJ
Date b -J6-9'7
---------------------------------------------------------------------
Property Owner (Fee Owner)
(If different from above)
Address
Home Phone
Business Phone
S~"'nature
Date
/
-------------------------------------------------------------------
'.
, /
VARIANCE
PAGE 2
(
The following information shall be submitted prior to review by the City of Andover:
1. A scaled drawing of the property and structures affected showing: scale and
north arrow; dimensions of the property and structures; front, side and rear
yard building setbacks; adjacent streets; and location and use of existing
structures within 100 feet.
Date Paid G /2C/11
~~J
$125.00
Receipt # ()42'35"
2. Application Fee: Single Family
Other Requests
Rev.I-07-92:d'A
5-23-94:bh
1-07-97:bh
Res. 179-91 (11-05-91)
CRITERIA FOR GRANTING A VARIANCE
In granting a variance, the City Council shall consider the advice and recommendation of
the Planning and Zoning Commission, and:
1. If the request is in keeping with the spirit and intent of this Ordinance.
2. If it finds that strict enforcement of this Ordinance will cause undue hardship
because of circumstances unique to the individual property under
consideration.
3. If it finds that denying the request does not deny reasonable use of the
property.
4. Economic considerations shall not constitute an undue hardship if
reasonable use of the property exists under the terms of the Ordinance.
CERTIFICATE OF SURVEY
For:
KADLEC CONSTRUCTION r.fl. INC.
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142 nd
LtJt fi, Bluck 1, KAIJl.EC ~l::cnN!J II'lDITION, Anuka County, Minnesota.
\1 'nch =~Feet 0 Denotes Iron Bearings shawl are on an assumed dalum, Job Na.~ Book""::::" Poge-=
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'''...on, and all viaible encroochmanla. .1 onJ. from or on laId land,
E. G. RUD a SONS, INC
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E. G. RUD a SONS, INC.
LAND SURVEYORS '
"l~60 LexlnQlon Avenue N.
..ew BriQhton (Lexill9ton), MlOnesolc
':>5112
Telephone: 786-5556
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CITY OF ANDOVER
COUNTYOFANOKA
STATE OF MINNESOTA
RESOLUTION NO.
A RESOLUTION GRANTING THE VARIANCE REQUEST OF BRIAN WILLIAMS
TO ORDINANCE NO.8, SECTION 6.02 WHICH REQUIRES A TEN (10) FOOT
SIDEY ARD SETBACK AND TO ALLOW FOR THE PLACEMENT OF A DECK
ENCROACHING TWO AND ONE-HALF (2 1/2) FEET INTO THE REQUIRED
SIDEY ARD SETBACK ON THE PROPERTY LOCATED AT 3467 142ND LANE
NW, LEGALLY DESRIBED AS LOT 6, BLOCK 1, KADLEC SECOND ADDITION.
WHEREAS, Brian Williams has requested a variance to Ordinance No.8, Section
6.02 which requires a ten (10) foot sideyard setback and to allow the placement of a deck
encroaching two and one-half (2 1/2) feet into the required sideyard setback on the
property located at 3467 142nd Lane NW, legally described as Lot 6, Block 1, Kadlec
Second Addition.
WHEREAS, the Planning and Zoning Commission has reviewed the request and
has determined that said request meets the criteria of Ordinance No.8, Section 5.04; and
,
/
WHEREAS, the Planning and Zoning Commission recommends to the City
Council approval of the variance request.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
Andover hereby agrees with the recommendation of the Planning and Zoning
Commission and hereby approves the variance requested by Brian Williams to Ordinance
No.8, Section 6.02 which requires a ten (10) foot sideyard setback and to allow the
placement of a deck encroaching two and one-half (2 1/2) feet into the required sideyard
setback on the property located at 3467 142nd Lane NW, legally described as Lot 6,
Block 1, Kadlec Second Addition.
Adopted by the City Council of the City of Andover this _ day of
,1997.
ATTEST:
CITY OF ANDOVER
Victoria Volk, City Clerk
1. E. McKelvey, Mayor
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/
/
CITY OF ANDOVER
REQUEST FOR PLANNING COMMISSION ACTION
July 22, 1997
DATE
ORIGINATING DEPARTMENT
AGENDA ITEM
4. Variance - Construct Deck
Encroaching into Sideyard Setback
3467 142nd Lane NW
Brian Williams
APPROVED FOR
AGENDA
Planning
Jeff Johnson
BY:
BY:
REQUEST
The Planning and Zoning Commission is asked to review the variance request of Brian
Williams to allow for the construction and placement of a deck encroaching into the
required ten (10) foot sideyard setback on the property located at 3467 142nd Lane NW,
legally described as Lot 6, Block 1, Kadlec Second Addition.
The property is zoned R-4, Single Family Urban.
APPLICABLE ORDINANCES
,
/
Ordinance No.8. Section 6.02 - Minimum Lot Requirements.
Ordinance No 8, Section 6.02 establishes the minimum lot requirements. This Section
requires a ten (10) foot sideyard setback.
Ordinance No.8. Section 5.04 - Variances.
Ordinance No.8, Section 5.04 establishes the variance process. Variances may be
granted where there are practical difficulties or unnecessary hardships in any way of
carrying out the strict letter of the provisions of the Zoning Ordinance. The hardships or
difficulties must have to do with the characteristics of the land and not the property
owner.
GENERAL BACKGOUND
The applicant is requesting the variance to construct a deck encroaching two and one-half
(2 1/2) feet into the required sideyard setback. The deck would be located seven and one-
half (7 1/2) feet from the side property line (see attached copy of survey for proposed
location of deck). The deck is lOx 14 (140 square feet) and would be partially screened
by vegetation (hedge).
,
I
Page Two
Variance - Brian Williams
3467 142nd Lane NW
(
History
Similar variances have been granted in the past for decks that have encroached up to three
(3) feet into the required ten (10) foot sideyard setback.
COMMISSION OPTIONS
1.
Approval.
The Planning and Zoning Commission may recommend approval
to the City Council of said request finding that the request meets
the conditions established in Ordinance No.8, Section 5.04.
2.
Denial.
The Planning and Zoning Commission may recommend denial to
the City Council of said request. The Commission finds that no
hardship exists due to the unique shape or topography of the parcel
and that the land owner would not be precluded reasonable use of
the property.
'.
/
3.
Table.
The Planning and Zoning Commission may table the item pending
further information from staff or the applicant.
A resolution is attached for your review.
/
CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
, /
DATE: Au~ust 5. 1997
AGENDA SECTION
ORIGINATING DEPARTMENT
Non-Discussion
Planning
Jeff Johnson
ITEM NO.
Accept Withdrawal of Non-Conforming
Home Occupation Special Use Permits
James Junker (U. Construction) - 13503 Crooked Lake Boulevard NW
Lawrence Cardinal (Cardinal Auto Body) - 15785 Nightingale Street NW
\ct-
The City Council is asked to accept the withdrawal of the following Special Use Permits that were
applied for in December of 1996 to conduct a non-conforming home occupation:
\
J
James Junker (J.J. Construction) -
Lawrence Cardinal (Cardinal Auto Body)-
13503 Crooked Lake Boulevard NW
15785 Nightingale Street NW
The Planning and Zoning Commission at their July 22, 1997 meeting accepted the withdrawal of these
Special Use Permits (see minutes from meeting).
Both applicants will now need to apply and receive a Special Home Occupation Permit.
.J
)
J.J. Construction, Inc.
13503 Crooked Lake Blvd. N.W.
Andover, Minnesota 55304
RECEIVED
JUN 271997
CITY OF ANDOVEn
June 26, 1997
Jeff Johnson
Zoning Administrator
City of Andover
1685 Crosstown Boulevard N.W.
Andover, Minnesota 55304
Dear Jeff:
We are withdrawing our request for a Special Use Permit to
conduct a non-conforming home occupation that was applied for
in December 1996.
/
Special Home Occupation Permit
your cooperation and
Instead, we will be applying for a
in the near further. Thank you for
assistance.
Si~~: / .
C~~i~~
)
CARDINAL AUTO BODY
15785 Nightingale St. NW
Andover, MN 55304
Phone (612) 434-9148
RECEIVED
JUL 071997
CITY OF Af--JDOVER
July 1. 1997
City of Andover
1685 Crosstown Blvd NW
Andover, MN 55304
Subject:
Withdrawal of application For "Special Use Permit"
Dear Sir/Maamj
I am withdrawing my application For a "Special Use
/
Permit".
I will reapply under the new ordinance For
nonconForming businesses.
Sincerely,
~~('~
Lawrence Cardinal
Owner, Cardinal Auto Body
/
CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
/
DATE: August 5) 1997
AGENDA SECTION
NO. Staff, Committees, Commissions
ORIGINATING DEPARTMENT APPROVED
FOR AGENDA
ITEM eX
NO. HIRE PUBLIC WORKS
EMPLOYEE TO FILL VACANCY
RESULTING FROM IN-HOUSE
TRANSFER
Frank Stone - Public Works
Superintendent
The City Council is requested to approve the hiring of James E. Sannerud as a Public
Works Maintenance Person primarily in our Water and Sewer Department. He will fill a
vacancy in this department resulting from an in-house transfer of an employee to another
department within Public Works.
/
Mr. Sannerud accepted our offer for employment, pending approval by City Council, and
has agreed to start August 26, 1997 with a salary of$ 12.36 per hour. He will be awarded
a $00.37 increase after satisfactorily completing a 6 month probationary period.
We received 12 applications for this position. Scott Erickson (filled-in due to Personnel
Director's illness), Brian Kraabel and myself interviewed 6 applicants based on their
experience. Mr. Sannerud's qualifications will best meet our needs and his experience
will be an asset to the City and to our Water and Sewer Department.
MOTION:
SECOND:
FILE: G:\MSWORDlC080597,DOC
\
J
CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
DATE August 5.1997
AGENDA SECTION
Non-discussion
ORIGINATING DEPARTMENT
Finance ~~
Jean D, McGann
lITEM NO. c4. \.
Release Letter of Credit - Fox Woods
REOUEST:
The Andover City Council is requested to approve the release ofletter of credit #75436 in favor of the City of
, Andover provided by First Bank National Association on behalf of Gorham Builders, Inc" This letter of credit
, is in the amount of $139,000,00 and has been reduced to $110,386,80, All assessments have been paid and the
in accordance to the development agreement the letter of credit needs to be released,
BACKGROUND:
On August 4, 1994, Gorham Builders, Inc, submitted a letter of credit to the City of Andover, This transaction
transpired due to the development contract.
'.
CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
..
DATE:
August 5. 1997
AGENDA SECTION
Non-Discussion/Consent Item
ORIGINATING DEPARTMENT
ITEM NO.
Approve Change Order #1/Extension of Time/
96-26/S Y2 of SW ~ of Section 22 (Woodland Estates)/
Trunk Sewer and Water
08.
Scott Erickson, ~(
Engineering
The City Council is request to approve Change Order #1 for the S Y2 of SW ~ of Section 22
(Woodland Estates) for trunk sewer and water.
The change order is for an extension of time to complete the project. The project is currently
substantially complete.
\
\
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO.
MOTION by Councilmember
to adopt the following:
A RESOLUTION APPROVING CHANGE ORDER #-1- TO PROJECT NO.
96-26. S Y2 OF SW 1f4 OF SECTION 22 (WOODLAND ESTATES),
WHEREAS, the City of Andover has a contract for Project No, 96-26 with
C.W, Houle. Inc, of Shoreview MN
NOW THEREFORE, BE IT RESOLVED by the City Council of Andover to
hereby approve the change order to Project No. 96-26.
MOTION seconded by Councilmember
and adopted by the
City Council at a regular meeting this 5th day of August, 19-.Jrr.,
/
with Councilmembers
voting in favor of the resolution, and Councilmembers
voting against, whereupon said resolution was passed,
CITY OF ANDOVER
ATTEST:
J.E. McKelvey - Mayor
Victoria Volk - City Clerk
\
CHANGE ORDER
/
CITY OF ANDOVER
Andover, MN July 10
,19--.9L. Change Order No.--L
To C.W, Houle, Inc.
For Proiect 96-26 SY2 of SWY4 of Section 22 (Woodland Estates)
For City of Andover
You are hereby directed to make the following change to your contract dated
May 20 , 19 97 . The change and the work affected thereby
is subject to all contract stipulations and covenants. This change order will
(incroase) (decroase) fno change) the contract sum by Zero Dollars
($0,00 ).
This change order provides for the extension of the completion date:
,
Revised substantial completion from July 15, 1997 to July 29, 1997 and final
completion from August 1, 1997 to August 15, 1997. The contractor was delayed
due to other utility companies.
/
Approval City of Andover
Owner
Approval C.W, Houle Inc.
Contractor
By
By
City Engineer
Date
Date
/
CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
,
I
DATE:
August 5 1997
AGENDA SECTION
Non-Discussion/Consent Item
ORIGINATING DEPARTMENT
ITEM NO.
Approve Change Order #1/Provide Additional
Stump & Debris Removal/Commercial Boulevard
.~,W Ext./94-33C
63.
Scott EricksonJ l
Engineering
The City Council is request to approve Change Order #1 for Commercial Boulevard NW
Extension, Project 94-33C.
The change order will direct the City's Contractor, Superior Special Services, Inc., to remove
the stumps and debris currently stockpiled on the site. As the next phase of site work has
been postponed until possibly next year, we are recommending the debris be removed at this
time. The change order will be for a not to exceed amount of $15,000.00. The removals are
paid for on a cubic yard basis.
,
/
,
/
\
I
'.
/
,
/
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO.
MOTION by Councilmember
to adopt the following:
A RESOLUTION APPROVING CHANGE ORDER #---1- TO PROJECT NO,
94-33C COMMERCIAL BOULEVARD NW EXTENSION.
WHEREAS, the City of Andover has a contract for Project No. 94-33C
with Superior Special Services Inc, of Fond du Lac WI
NOW THEREFORE, BE IT RESOLVED by the City Council of Andover to
hereby approve the change order to Project No. 94-33C.
MOTION seconded by Councilmember
and adopted by the
City Council at a regular meeting this 5th day of August, 19~,
with Councilmembers
voting in favor of the resolution, and Councilmembers
voting against, whereupon said resolution was passed.
CITY OF ANDOVER
ATTEST:
J.E. McKelvey - Mayor
Victoria Volk - City Clerk
\
;
J
/
CHANGE ORDER
CITY OF ANDOVER
Andover, MN August 5
, 19 97. Change Order No.-L
To Superior Special Services Inc,
For Proiect 94-33C Commercial Boulevard NW Extension
For City of Andover
You are hereby directed to make the following change to your contract dated
May 6 , 19-9L. The change and the work affected thereby is subject to all
contract stipulations and covenants. This change order will (increase) (deoro:u;e)
(no ch:mge) the contract sum by Fifteen Thousand and no/100 Dollars $15 000.00)
This change order provides for the following extra work:
Removal of stumps and debris.
Approval City of Andover
Owner
Approval Superior Special Services Inc.
Contractor
By
By
City Engineer
Date
Date
CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
,
)
DATE:
August 5. 1997
AGENDA SECTION
Non-Discussion/Consent Item
ORIGINATING DEPARTMENT
Scott Erickson,~l
Engineering
ITEM NO.
Approve Change Order #2/Extension of Time/
J~-~O/Cherrywood Estates
The City Council is request to approve Change Order #2 for Cherrywood Estates, Project 96-
30.
The change order is for an extension of time to complete the project. This project is currently
substantially complete. The contractor has been held up on final completion due to delays
caused by the private utility installations.
,
/
\
;'
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO,
MOTION by Councilmember
to adopt the following:
A RESOLUTION APPROVING CHANGE ORDER #-2... TO PROJECT NO.
96-30. CHERRYWOOD ESTATES.
WHEREAS, the City of Andover has a contract for Project No. 96-30 with
Kober Excavating of Elk River MN
NOW THEREFORE, BE IT RESOLVED by the City Council of Andover to
hereby approve the change order to Project No. 96-30.
MOTION seconded by Councilmember
and adopted by the
City Council at a regular meeting this 5th day of August, 19-92-,
"
/
with Councilmembers
voting in favor of the resolution, and Councilmembers
voting against, whereupon said resolution was passed.
CITY OF ANDOVER
ATTEST:
J,E. McKelvey - Mayor
Victoria Volk - City Clerk
/
CHANGE ORDER
I
TOLTZ, KING, DUVALL, ANDERSON
AND ASSOCIATES, INCORPORATED
Engineers-Architects-planners
Saint Paul, MN June 24
19.....2.2 Corrun. No.
11258
Change Order No. 2
To Kober Excavatinq, Inc.
for Cherrvwood Estates (96-30)
for City of Andover. Minnesota
You are hereby directed to make the following change to your contract dated
April 15 ,19~. The change and the work affected thereby is
subject to all contract stipulations and covenants. This Change Order will
(inc:tea~e) (aCCX~D..3") (not change) the contract sum by Zero a!'ld No/100----------
_____________________________________________________ {$ 0.00 }.
This Change Order extends the Contract completion date to A'oglis..t 20. .1997.
completion date extension to the Contractor is due to delays in construction
up and incomplete grading of streets and boulevards done by the developers.
This
start-
NO CHANGE IN CONTRACT AMOUNT
/
$
$
$
$
$
$
228.302,90
9.390.00
0.00
237.692,90
0.00
237.692.90
Amount of Original Contract
Additions approved to date (Nos. 1
Deductions approved to date (Nos.
Contract amount to date
Amount of this Change Order -{AddT (Deduct) (No Change)
Revised Contract Amount
Owner
TOLTZ, KING, DUVALL, ANDERSON
AND ASSOCIATES, INCORPORATED
Approved
By
By ,dZ--~~.tI ??7. rrn./'#I!- -....{J
Richard M. Odland, P.E.
Approved il' M ,fly/'
By I~ [)~~
z yt. C;
.
u
White - Owner
pink - Contractor
Blue - TKDA
/
CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
. ,
/
DATE: August 5 1997
AGENDA SECTION
Non-Discussion/Consent Item
ORIGINATING DEPARTMENT
Scott Erickson,~l
Engineering
ITEM NO.
Approve Purchase of Lot 14, Block 10,
Woodland Estates/97-12/Well #7
85.
The City Council is requested to approve the purchase of Lot 14, Block 10, Woodland Estates
in the amount of $33,900.00 for the construction of Well #7, Project 97-12. The list price for
this lot was $37,900.00. Woodland Development has discounted the lot to $33,900.00 for City
purchase.
The purchase of the property will be referred to the City Attorney for proper execution.
, The funding will be provided from the Trunk Water Fund.
"
/
WOODLAND ESTATES nECEIVED
Price List JUN 1 3 1997
BLOCK LOT PRICE BLOCK LOT PRICE BLOCK LOT CIJJb~~ .'\I\JDOVER
"
I 1 1 42,900 4 14 47,900 7 19 43,900
2 42,900 15 47,900
3 42,900 17 47,900 8 1 41,900
4 43,900 18 48,900 2 41,900
5 45,900 19 47,900 3 41,900
25 47,900 4 41 ,900
2 1 47,900 26 47,900 5 43,900
2 47,900 27 47,900 6 43,900
3 47,900 8 44,900
4 47,900 5 1 47,900 9 42,900
5 48,900 4 48,900 10 42,900
6 49,900 5 47,900 11 42,900
16 45,900 6 47,900 12 44,900
7 44,900 13 44,900
3 1 41,900 8 42,900 14 44,900
2 45,900 15 44,900
3 43,900 6 1 36,900
4 43,900 2 36,900 18 43,900
5 43,900 3 38,900 19 42,900
6 43,900 4 38,900 20 45,900
7 46,900 5 36,900 21 45,900
, 10 43,900 6 36,900 22 45,900
,
11 42,900 7 36,900 23 44,900
13 39,900 8 36,900 24 41,900
14 41,900 9 36,900 25 41 ,900
15 42,900 10 36,900
16 42,900 12 37,900 9 1 42,900
17 47,900 2 42,900
18 47,900 7 1 41,900 3 42,900
19 47,900 2 42,900 4 44,900
20 45,900 3 42,900 6 47,900
21 45,900 4 42,900 7 47,900
22 45,900 5 39,900 8 47,900
23 45,900 6 39,900 9 47,900
24 45,900 7 39,900 10 49,900
25 45,900 8 41,900 12 45,900
26 41,900 9 41,900 13 44,900
10 41,900 10 1 44,900
4 1 47,900 11 42,900 2 44,900
2 47,900 12 42,900 3 44,900
3 49,900 13 42,900 4 37,900
4 49,900 14 41,900 5 36,900
5 47,900 15 42,900 6 36,900
, 6 47,900 16 43,900 7 36,900
/
7 47,900 17 43,900 11 37,900
9 47,900 18 43,900 12 37,900
06/09/97/yop 14 37,900 ~
"
CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
,
,I
DATE: August 5.1997
ITEM NO.
Approve Resolution/Accept Streets & Storm
_~7wer/MeadoWlark Heights
'XI ( .
ORIGINATING DEPARTMENT
Todd Haas, ~
Engineering ~C
AGENDA SECTION
Non-Discussion/Consent Item
The City Council is requested to approve the resolution approving the final street construction
and storm sewer for the Meadowlark Heights development.
The streets have been found to be in compliance with the City Specifications and are
recommended for acceptance.
,
)
'\
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES, NO.
MOTION by Councilmember
to adopt the following:
A RESOLUTION APPROVING THE FINAL STREET AND STORM SEWER
CONSTRUCTION OF MEADOWLARK HEIGHTS AS BEING DEVELOPED BY
SCOTT LENNES, INC.
WHEREAS, the developer has completed the streets and storm sewer of
Meadowlark Heights.
NOW, THEREFORE BE IT RESOLVED by the City Council of Andover to
hereby approve the final street construction of Meadowlark Heights contingent upon
providing the following:
I
/
1. Developer provide a 1 year performance bond or an escrow as determined by the
City Engineer from the date of this resolution.
Adopted by the City Council of the City of Andover this ~ day of August
19 97.
CITY OF ANDOVER
ATTEST:
J.E. McKelvey - Mayor
Victoria Volk - City Clerk
,
./
CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
DATE: August 5,1997
AGENDA SECTION
Non-Discussion/Consent Item
ORIGINATING DEPARTMENT
Scott Erickson, ~[
Engineering
ITEM NO.
~~rd Bid/95-12/Well #6
The City Council is requested to approve the resolution accepting bids and awarding contract
to E. H. Renner & Sons, Inc. in the amount of $86,715.00 for Project 95-12, Well #6.
Bids received are as follows:
,
/
Contractor
E. H, Renner & Sons, Inc.
Layne Minnesota Company
Keys Well Drill Co.
Bergerson-Caswell, Inc.
Bid Amount
$86,715.00
$96,235.00
$118,250,00
$133,625.00
Engineer's Estimate
$97,500.00
The funding for this project is from the Trunk Water Fund.
'.
.
, ) 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. 95-12 FOR WELL #6
WHEREAS, pursuant to advertisement for bids as set out in Council
Resolution No. 048-97 ,dated June 24, 1997, bids were received,
opened and tabulated according to law with results as follows:
E. H. Renner & Sons, Inc.
Layne Minnesota Company
Keys Well Drill Co.
Bergerson-Caswell, Inc.
$86,715.00
$96,235,00
$118,250.00
$133,625.00
\
/
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Andover to hereby accept the bids as shown to indicate
E, H, Renner & Sons, Inc, as being the apparent low bidder.
BE IT FURTHER RESOLVED TO HEREBY direct the Mayor and City Clerk
to enter into a contract with E. H. Renner & Sons Inc, in the amount of $86.715,00
for construction of the improvements; and direct the City Clerk to return to all
bidders the deposits made with their bids, except that the deposit of the successful
bidder and the next lowest bidder shall be retained until the contract has been
executed and bond requirements met.
MOTION seconded by Councilmember
City Council at a regular meeting this 5th day of
Council members
the resolution, and Councilmembers
and adopted by the
August ,19~, with
voting in favor of
voting
against, whereupon said resolution was declared passed.
CITY OF ANDOVER
ATTEST:
J.E. McKelvey - Mayor
...
J
Victoria Volk - City Clerk
;TKDA
TOL TZ, KING, DUVALL, ANDERSON
AND ASSOCIATES, INCORPORATED
ENGINEERS. ARCHITECTS' PLANNERS
1500 PIPER JAFFRAY PlAZA
444 CEDAR STREET
SAINT PAUL, MINNESOTA 55101-2140
PHONE:6121292-44oo FAX:6121292-oo83
July 21, 1997
Mr, Scott Erickson
City EngineerlPublic Works Director
1865 Crosstown Boulevard NW
Andover, Minnesota 55304
RECErvED
Re: Construction of Well No.6
City Project 95-12
Andover, Minnesota
Commission No. 10980-02
.'
ri".,
'" 'JUL 22 1nn7
CITY Ol- .._ _ , __
Dear Mr. Erickson:
Bids for the referenced project were received on July 18, 1997, with the following results:
/
E. H. Renner & Sons, Inc.
Layne Minnesota Company
Keys Well Drilling Co.
Bergerson-Caswell, Inc.
$86,715.00
$96,235.00
$118,250.00
$133,625.00
It is recommended that a contract be awarded to the low bidder., E. H. Renner & Sons, Inc., in
the amount of their low bid of $86,715.00.
A complete Tabulation of Bids is attached for your information.
Sincerely,
Q~
Damel A. FabIan, P.E.
~
DAF/cjy
Attachment
cc: Kurt Johnson, TKDA
An Equal Opportunity Employer
,
/
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CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
,
DATE: August 5. 1997
. /
AGENDA SECTION
Non-Discussion/Consent Item
ORIGINATING DEPARTMENT
Scott,Eric~son, ~t
Engineering .
ITEM NO.
I~~rove Purchase of Survey Level
The City Council is requested to approve the purchase of survey instruments from Sokkia
Measuring Systems in the amount of $3,924.00 plus tax and shipping.
This item is allocated in the 1997 budget.
/
\
MEMORANDUM
CITY of ANDOVER
DATE:
July 24, 1997
TO:
Scott Erickson
FROM:
Al Koester
RE:
Survey Instrument Quotes
cc:
File
; ,
Price quotes for a 32X Auto Level and 10 Sec.
Electronic Theodolite for engineering applications 'are as
follows:
Vendors
"
Sokkia Measuring Systems
8027 - 24th Avenue South
Bloomington, MN 55425
Albinson Inc.
1401 Glenwood Avenue
Minneapolis, MN 55405
NOTE: ,Prices Do Not Include Tax and Shipping
/
Amount
$3924.00
$4013.00
,07/21/1997 13:58 FROY 5 "k
n o. ia "easurin9 S~stens
_.~
SOKKIA MEASURING SYSTEMS
8027 24th Avenue South
Bl.ooMINGTON. MINNESOTA 55425
( IP 7558923 P 01
IOllUJf.OJjr/L\\~r' 'I lL;l!f'~ I
-..:=.....J - /...r--'._, ,_ U __~.J '\.J
1319
PLEASE ~'IE TIll! AIlOV'E MJMBER WHEN OflDERING
.J (612) 854-4300
o .CtTYcSP- A~~\..J~
P\L K~\2-.
OlJO":"AnoN DATE
9ALESPG>SON
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51GllANO ~ YEllOW ACCEPTANce COPY WHEN ORDERING.
~'" (~..._,_.rr. 1q,..._T\UIlII_
TOTRL P.01
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-22-87 13,02 FROM,ALBINSON INC.
10,812 374 1128
PAGE 1/8
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1401' GJenwood-Avenu&,.
Miru..rlapolis;: MN:55405..1295
Phone:- (612)'374-1120
Phone: [8001328-7154
Fax: [6121374-1129:'
v',, .
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To: I ""~ Kpe.s~
Company: I er-'7 ~ ~a'd~
Fax Nurnbo:.w. I 7 S 'S - 8.,;Z.3
From: I ?7#fQt. 4q~e4
Number Of Pages: I I?'
(including cover) ,
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MESSAGE:
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For Your Review
L l
As Requested
i l,
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URGENT
Nease Comnh.ilt
-22-97 13.03 FROM.ALBINSON INC.
JJ
10,612 374 1129
PAGE
2/8
/
.
.
.
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"1;~;,~!i~f!~i~Tf~~lti~~I~~~[[i~JJ~ff~fl
- ~~~~{tlf]1
July 22, 1997
City of Andover
1685 Crosstown Blvd.
Andover MN 55304-2612
Dear AI Koester.
Thank you for the oPPOrtunity to offer Albinson as your vendor for Survey
eqUipment and supplies, also media, toner and related items. Since 1946,
we have provided Products and service to greater Minnesota and have
realized that we differentiate ourselves by offering;
· Faster Turnaround from Order to Product DeJivery.
· A Wider Array of Available Products.
· Representation of the leading Manufacturers in the Industry.
The Albinson Customer Service Team prides itself on the relationships that
are built with each customer. You will have your own customer service
representative who will track your usage and offer items that may be of
benefit to you and your firm.
We look forward to your review of the fol/oWing product information and will
be in touch Within two days of your receipt of this proposal. Again, thank
you for the opportunity to present Albinson as your vendor. If you have any
further questions or wish to place an order, please contact me by phone at
381-2214 or by E-mail attinal@albinson.com. I look forward to hearing from
you.
Sincerely,
~
~~
Tina Larursen
Survey Specialist
. . . . . . . . . . . . . . . . . . . . . . . . . . . .
'L-22-87 13,03 FROH,ALBINSON INC.
10.612 374 1128
PAGE 3/8
./
PROPOSAL
Pentax Theodolite ETH-20F Stock # 850105 $2295.00
10. DIN 20110. reading----_..___.___~
-~ ~
l( P, entax Aut, 0 Level Stock# S03142 $855~OO /
Model AFL-280 28 po~~r _~____
- "-.- ----~-_. --- ------
Pentax Auto Level Stock# S03144 $1313.00
MOdel AFL..:320 32 POwer
Omni Aluminum Tripod Stock# 1725
Choice of clamp style or quick release or dome
$80.00
CST Wood Tripod
Stock# 60-WDW20HV $165.00
Sokkia Level Rod
25 foot rod in 10ths
Stock# 8073-47
$160.00
"
, /
CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
. \
DATE: August 5 1997
AGENDA SECTION
Non-Discussion/Consent Item
ORIGINATING DEPARTMENT
Scott.Eric~son, ^~
Englneenng (]j
ITEM NO.
I ~cept EasemenUBill's Superette (Hanson Blvd.)
The City Council is asked to accept the storm sewer easement for Bill's Superette on Hanson
Boulevard NW.
Staff recommends the acceptance of the storm sewer easement as described on the attached
description. A deed will be prepared and submitted to the City upon Council acceptance of the
easement. Staff will review the deed and record it with Anoka County.
J
,
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CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
\
)
DATE: August 5. 1997
AGENDA SECTION
Non-Discussion/Consent Item
ORIGINATING DEPARTMENT
Scott Erickson, ~ L
Engineering
ITEM NO.
Order Plans & Specs/97-27/Sunshine Park
3 Bituminous Bikeway Trail
O.
The City Council is requested to approve the resolution ordering improvement and directing
preparation of plans and specifications for the improvement of Project 97-27 for Sunshine
Park Bituminous Bikeway Trail.
"
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\
)
,
,
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CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO.
MOTION by Councilmember
to adopt the following:
A RESOLUTION ORDERING IMPROVEMENT AND DIRECTING PREPARATION OF
PLANS AND SPECIFICATIONS FOR THE IMPROVEMENT OF PROJECT NO._
97-27 FOR SUNSHINE PARK BITUMINOUS BIKEWAY TRAIL.
WHEREAS, the City Council is cognizant of the need for a bikeway trail in
Sunshine Park; and
NOW, THEREFORE BE IT RESOLVED by the City Council to order the
improvement of Sunshine Park Bituminous Bikeway Trail, Project 97-27; and
/
BE IT FURTHER RESOLVED by the City Council to hereby direct the ~
Engineer to prepare the plans and specifications for such improvement project.
MOTION seconded by Councilmember and adopted by the
City Council at a regular meeting this ~ day of August ,19~, with
Councilmembers
in favor of the resolution, and Councilmembers
voting against, whereupon said resolution was declared passed.
CITY OF ANDOVER
voting
ATTEST:
J.E. McKelvey - Mayor
Victoria Volk - City Clerk
'.
, /
CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
':
/
DATE:
August 5. 1997
AGENDA SECTION
Non-Discussion/Consent Items
ORIGINATING DEPARTMENT
Scott Erickson,~ l
Engineering
ITEM NO.
Approve Plans & Specs/97-27/
Runshine Park Bituminous Bikeway Trail
01.
The City Council is requested to approve the resolution approving plans and specifications
and ordering the advertisement for bids for Project 97-27, Sunshine Park Bituminous Bikeway
Trail.
Specifications are available in the Engineering Department for review.
Funding for this project will be from CDBG and Park Dedication Funds.
,
)
'\
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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, 97-27 ,FOR
SUNSHINE PARK BITUMINOUS BIKEWAY TRAIL
WHEREAS, pursuant to Resolution No. , adopted by the City
Council on the 5th day of August, 19----9L, the City Engineer
has prepared final plans and specifications for Project 97-27 for Sunshine Park
Bituminous Bikeway Trail.
WHEREAS, such final plans and specifications were presented to the City
Council for their review on the 5th day of August , 19--9L.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Andover to hereby approve the Final Plans and Specifications.
\
/
BE IT FURTHER RESOLVED by the City Council of the City of Andover to
hereby direct the City Clerk to seek public bids as required by law, with such bids
to be opened at 10:30 AM, August 19 19 97 at the Andover City Hall.
MOTION seconded by Councilmember and adopted by the
City Council at a regular meeting this 5th day of August, 19 97 , with
voting in
voting against, whereupon
Councilmembers
favor of the resolution, and Councilmembers
said resolution was declared passed.
CITY OF ANDOVER
ATTEST:
J,E, McKelvey - Mayor
" Victoria Volk - City Clerk
/
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CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
,I
DATE: August 5.1997
AGENDA SECTION
Non-Discussion Item
ORIGINATING DEPARTMENT
Planning
ITEM NO.
Authorize Submission of
Metropolitan Council
Planning Assistance Grant
38.
John Hinzman, -:fwtr
City Planner
Request
The City Council is asked to adopt the attached resolution authorizing staff submittal of a
planning assistance grant in the amount of $20,000 to Metropolitan Council. Funding
would offset comprehensive planning expenses including GIS, commercial park strategic
planning, and staff time.
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO. R -97
A RESOLUTION AUTHORIZING APPLICATION FOR A METROPOLITAN
COUNCIL PLANNING ASSISTANCE GRANT
WHEREAS, Minnesota Statutes sections 473.851 requires local units of
government to prepare local comprehensive plans with land use controls that are
consistent with planned, orderly and staged development and with metropolitan
system plans; and
WHEREAS, Minnesota Statues sections 473.854 and 473.867 authorize the
Metropolitan Council to prepare and adopt guidelines establishing uniform
procedures for the award and disbursement of planning assistance grants and
loans; and
WHEREAS, Minnesota Statutes 473.867 authorize the Council to give funding to
local units of government to review and amend their local comprehensive plans,
fiscal devices and official controls; and
WHEREAS, the City of Andover requires a planning assistance grant to complete
comprehensive planning activities.
NOW THEREFORE, BE IT RESOLVED that the City of Andover Administrator
is hereby authorized to submit an application to the Metropolitan Council for a
planning assistance grant to update and revise the City's comprehensive plan; and
BE IT FURTHER RESOLVED that a certified copy of this resolution be
submitted with the planning assistance grant application.
Adopted by the City Council of the City of Andover on this ~ day of August,
1997.
CITY OF ANDOVER
ATTEST:
I.E. McKelvey, Mayor
Victoria V olk, City Clerk
CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
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DATE: August 5. 1997
AGENDA SECTION
ORIGINATING DEPARTMENT
N on-Discussion
Planning
Jeff Johnson
ITEM NO.
Approve Ordinance No. 227 - An Ordinance
Licensing and Regulating the Retail Sale of Tobacco-Related Products
03,
The City Council is asked to review and approve Ordinance No. 227 - An Ordinance Licensing and
Regulating the Sale of Tobacco-Related Products. This ordinance repeals Ordinance No. 45.
The Planning and Zoning Commission met on July 22, 1997 and reviewed this ordinance. The only
major change to this ordinance that was recommended by the Commission was to prohibit the use of
cigarettes via vending machine or similar automated dispensing devises. This language is placed in
Section 7 of this ordinance.
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Please review the minutes from the July 22, 1997 meeting.
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CITY OF ANDOVER
COUNTYOFANOKA
STATE OF MINNESOTA
ORDINANCE NO. 227
An Ordinance repealing Ordinance No. 45 adopted April 17, 1979 and Ordinance No.
45A adopted February 18, 1986.
AN ORDINANCE LICENSING AND REGULATING THE RETAIL SALE OF
TOBACCO-RELATED PRODUCTS AND PROVIDING PENALTIES FOR
VIOLATION THEREOF IN THE CITY OF ANDOVER.
The City Council of the City of Andover hereby ordains as follows:
Section 1.
Definitions.
The following words and terms when used in this ordinance shall have the following
meanings unless the context clearly indicates otherwise.
Movable Place of Business - a business whose physical location is not permanent or is
capable of being moved or changed.
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Person - shall include natural persons, partnerships, firms,
corporations and associations.
Tobacco Related Products - means cigarettes; cigars; cheroots; stogies; perique,
granulated, plug-cut, ready, rubbed and other smoking
tobacco; snuff, snuff flowers, cavendish, plug and twist
tobacco; fine cut and other chewing tobacco; shorts, refuse,
scripts, clippings, cuttings, and sweepings oftobacco
prepared in such a manner as to be suitable for chewing,
sniffing or smoking in a pipe; cigarette papers or pipes for
smoking.
Section 2.
License Required.
No person shall directly or indirectly keep for retail sale, sell at retail, dispense, or give
away in a retail setting any tobacco related product at any place in the City, without first
obtaining a license from the City.
Section 3.
Application and Issuance.
)
Application for a license shall be made to the City Clerk on a form supplied by the City.
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The application shall state the full name and address of the applicant, the location of the
building and the part to be used by the applicant under license, the kind of business
conducted at such location, and other information as shall be required as stated in the
application form or by the City Clerk.
The completed application shall be presented to the City Council for its consideration,
and if granted shall be issued by the City Clerk upon payment ofthe required fee.
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Section 4.
License Fee.
The fee for every such license shall be in the amount as established by City Council
resolution. Licenses shall be valid for one (1) year and shall expire on December 31.
Licenses shall not be transferable from one person to another.
Section 5.
Display of License.
Every license shall be kept conspicuously posted at the location for which the license is
issued and shall be exhibited to any person upon request.
Section 6.
Regulations.
The following regulations shall apply to the sale of tobacco related products:
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Section 7.
1)
No license shall be issued to a person not of good moral character.
2)
No license shall be issued to an applicant for sale of tobacco related
products at any place other than the licensee's established place of
business.
3)
No license shall be issued for the sale oftobacco related products at a
movable place of business.
4)
No person shall sell or give away any tobacco related products
to any person below the age as required by Minnesota Statute.
5)
No tobacco related products may be sold outside the location or area
covered by the license.
Prohibited Sales.
No person shall sell or give away any tobacco related product to any person below the
age of eighteen (18) years. No person shall sell, dispense, or give away any tobacco
related product through the use of a vending machine or similar automated dispensing
device. No person shall sell, dispense or give away any tobacco related product through
self-service merchandising, except via:
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a) Display racks which are:
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1) equipped with shields that allow removing a single carton or pack
of tobacco product while activating a clearly audible alarm or
chime, and
2) in the immediate vicinity and plain view of a responsible
employee.
b)
Humidors used for individual cigar sales at licensed off-sale liquor
establishments and at establishments where at least 75% of
products for sale are tobacco related products.
Section 8.
Revocation.
Upon finding that a licensee of any license granted pursuant to this ordinance has failed
to comply with any applicable Statutes, regulation or ordinance relating to the sale or use
of tobacco related products, the City Council may either revoke or suspend the license.
Every such license may be revoked by the City Council for violating any of the
provisions stated in this ordinance.
)
Section 8.
Penalty.
Any person who shall violate any provision of this ordinance shall be guilty of a
misdemeanor and shall be punished as defined by State law.
Adopted by the City Council of the City of Andover on this ~ day of August, 1997.
ATTEST:
CITY OF ANDOVER
Victoria V olk, City Clerk
1. E. McKelvey, Mayor
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CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
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DATE: August 5. 1997
AGENDA SECTION
ORIGINATING DEPARTMENT
Non-Discussion
Planning
Jeff Johnson
ITEM NO.
Approve Ordinance No. 232 - An Ordinance
Regulating Outdoor Parties
3~,
The City Council is asked to review and approve Ordinance No. 232 - An Ordinance Regulating
Outdoor Parties. This ordinance repeals Ordinance No. 51.
The Planning and Zoning Commission met on July 22, 1997 and reviewed this ordinance. No major
changes were made.
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CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
ORDINANCE NO. 232
An Ordinance repealing Ordinance No. 51 adopted October 3,1980 and Ordinance No.
51A adopted February 28,1986.
AN ORDINANCE REGULATING OUTDOOR PARTIES, PRESCRIBING
PENALTIES FOR THE VIOLATION THEREOF AND ESTABLISHING LICENSING
PROCEDURES.
The City Council ofthe City of Andover hereby ordains:
Section 1. Recitals of Legislative Findings of Fact.
The City of Andover contains within its corporate limits areas of open space, much of
which space is not crossed by public 'roads and not easily accessible to emergency
vehicles.
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It has become a common practice for people to conduct gatherings in such open areas,
generally held during the evening hours, and at which intoxicating and non-intoxicating
beverages or chemicals are consumed without licensing the use or dispensation thereof.
Such gatherings have become dangerous both to those in attendance and to the general
public and are in need of regulation.
Section 2.
Intent and Purpose.
It is the intent and purpose of this ordinance to protect the health, welfare and safety of its
citizens through the establishment oflicensing procedures for "Outdoor Parties".
It is not the intent of this ordinance, nor shall this ordinance be used to inhibit or refrain
the right of free speech or freedom of assembly in a unlawful manner.
Section 3.
Definitions.
For the purpose of this ordinance, certain terms and words are hereby defined as follows:
Out of Doors
Statutes.
any place outside of a building as defined in Minnesota State
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Outdoor Party a gathering offifty (50) or more people, held partially or
completely out of doors, on public or private property, and at which intoxicating
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beverages, non-intoxicating malt liquor or other intoxicating chemicals are used or
dispensed by any participant, whether or not a fee is collected from any participant.
Section 4.
Licensing Provisions.
No person shall permit, maintain, promote, conduct, advertise, act as entrepreneur,
undertake, organize, manage, or sell or give tickets to, outdoor parties held in any area of
the City whether on public or private property, unless a license to hold the assembly has
first been issued by the City.
Application for such license shall be made at least two (2) weeks in advance of the
assembly. Furthermore, if any peace officer, upon discovering an outdoor party which is
unlicensed or upon declaring any license to be void, shall order the persons present to
disperse. All persons present shall promptly leave the premises, and the failure to do so
shall be a violation of this ordinance.
Section 5.
Application for License.
Application shall be made to the City Clerk on forms to be supplied by the City and shall
contain the following information:
1) The names, addresses and telephone numbers of the applicant(s).
2) The precise location of the proposed outdoor party, as well as the date and
specific times during which the outdoor party will be in progress and the expected
number of guests. Any license issued for an outdoor party shall be no more than
the duration of the outdoor party as indicated on the application forms, not to
exceed twenty-four (24) hours.
3) The name, address and telephone number of the owner(s) of the land.
4) A written acknowledgment of consent by the owner(s) of the land to the
conducting of the proposed outdoor party if other than the applicant(s).
5) A statement as to whether or not intoxicating or non-intoxicating liquor will be
furnished.
6) A written statement demonstrating that the applicant has adequate plans for
measures designed to protect the safety of participants, including the following:
a) The means by which the outdoor party will be illuminated;
b)
The means by which emergency vehicles may be summoned, and the
means of access of emergency vehicles to the outdoor party site; and
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c)
Adequate sanitary facilities be provided.
Section 6.
Issuance of License.
Licenses shall be issued by the City Clerk. The City Clerk shall issue the license if all of
the provisions of this ordinance have been satisfied, provided, that with regard to Section
5 hereof, the following shall be deemed insufficient measures to protect the safety of
participants:
1) Illumination primarily from motor vehicle headlights, ground fires, or other light
sources located less than ten (10) feet above ground;
2) The lack of a reliable communication device located within one hundred (100)
feet ofthe proposed site.
3) The existence of the site at a location greater than one thousand (1000) feet from
any traveled public road, or the existence of access to a traveled public road,
which access is not marked by reflectorized markings, or not passable by a four
wheeled motor vehicle, or not of sufficient width to accommodate the passage of
emergency vehicles.
If the City Clerk refuses to issue a license, the applicant shall have the right to have the
, application reviewed by the City Council, by placement on the agenda of the next regular
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City Council meeting.
If a license is issued, a copy thereof shall be forwarded to the Office of the Anoka County
Sheriff.
Any license issued shall be subject to the following conditions, which shall be printed on
the face of the license, and shall read as follows:
This license shall be rendered void if any of the following conditions are found
to exist at the outdoor party site;
1) The commission of the crime of assault, disorderly conduct, or breach of
the peace by any participant on the outdoor party site;
2) The consumption or possession of any intoxicating or non-intoxicating
malt liquor by any person under the legal alcohol consumption age as
defined by Minnesota Statute;
3) The failure of any applicant to be physically present at the outdoor party
site during the entire duration of the outdoor party; and
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4)
The maintenance of any nuisance under any existing local ordinance.
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Upon observing the violation of any of the conditions of a license, a peace officer shall
declare the license to be void, and shall order the participants to disperse.
Section 7.
Exceptions.
Any outdoor party which commences during daylight hours, and is completely dispersed
prior to sunset shall be exempt from the requirements of obtaining an outdoor party
license.
Section 8.
Display of License.
The license shall be displayed at the outdoor party in a prominent location. If a peace
officer, upon investigating an outdoor party, is not furnished with the license, and is
otherwise unable to locate a license, the peace officer shall be entitled to presume that no
license exists.
Section 9.
Severability.
Should any portion of this ordinance be found to be in violation of any provisions of the
Constitution of the State of Minnesota or the United States of America, such a finding
shall affect only such portion and the remainder of this ordinance shall continue in full
force and effect.
Section 10. Penalty.
Any person, firm or corporation violating any provision of this ordinance shall be guilty
of a misdemeanor as defined by State law and subject to the penalties thereof.
Adopted by the City Council of the City of Andover on this 5!h day of August, 1997.
ATTEST:
CITY OF ANDOVER
Victoria V olk, City Clerk
J. E. McKelvey, Mayor
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CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION'
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DATE: August 5.1997
AGENDA SECTION
ORIGINATING DEPARTMENT
Non-Discussion
Planning
Jeff Johnson
ITEM NO.
Approve Ordinance No. 235 - An Ordinance
Regulating the Licensing, Sale and Consumption ofIntoxicating Liquor
35.
The City Council is asked to review and approve Ordinance No. 235 - An Ordinance Regulating the
Licensing, Sale and Consumption ofIntoxicating Liquor. This ordinance repeals Ordinance No. 56.
The Planning and Zoning Commission met on July 22,1997 and reviewed this ordinance. The
following changes to this ordinance are as follows:
1) Staff included language that referenced the most recent State Statutes.
2) A provision was added relating to the amount of food sales for establishments that are issued
on-sale intoxicating liquor or on-sale wine licenses by the City. See Section 2 of ordinance.
Please review the minutes from the July 22, 1997 meeting.
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CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
ORDINANCE NO. 235
An Ordinance repealing Ordinance No. 56 adopted July 21,1981; Ordinance No. 56A
adopted February 18, 1986 and Ordinance No. 56B adopted December 17, 1996.
AN ORDINANCE REGULATING THE LICENSING, SALE AND CONSUMPTION
OF INTOXICATING LIQUOR WITHIN THE CITY OF ANDOVER AND
PROVIDING PENALTIES FOR VIOLATION THEREOF.
The City Council of the City of Andover hereby ordains as follows:
Section 1.
Provisions of State Law Adopted.
The provisions of Minnesota Statute, Chapter 340A, commonly known as the Liquor Act,
are adopted and made part of this ordinance as if set out in full. Whenever there is an
inconsistency between the provisions of Minnesota Statute, Chapter 340A, and the
provisions ofthis ordinance, the more restrictive shall govern.
Section 2.
Definitions.
License
shall also include a permit for consumption and display, unless
otherwise indicated.
Licensee
any person to whom a license has been issued under the provisions
oftms ordinance.
Minor
any person under the age established by Minnesota State Statute
Section 340A.503.
Person
any individual, partnership, association, corporation, or club.
Sale and Purchase include all barters, gifts, sales and any other means used to obtain
or furnish alcoholic beverages.
Restaurant shall have the meaning given to the term by Minnesota Statute
Section 340A.I0l, Subd. 25, except that these establishments shall
have facilities for seating not fewer than one hundred (100) guests
at one (1) time for on-sale intoxicating liquor licenses.
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Section 3.
LicenselPermit Required.
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1) Except as provided below, no person may directly or indirectly, on any pretense
or by any device sell, barter, keep for sale, or otherwise dispose of alcoholic
beverages as part of a commercial transaction without having obtained the
appropriate license from the City.
2) No person who does not hold an on-sale intoxicating liquor license may directly
or indirectly allow the consumption and display of intoxicating liquor or
knowingly serve any liquid for the purpose of mixing with intoxicating liquor
without first having obtained a permit from the City.
Persons Eligible.
1) A license shall be issued only to a person who is:
a) Eligible for a license under Minnesota Statute, 340A.402, and
b) A proprietor of the establishment for which the license is sought.
2) No license shall be issued to a person who is:
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a)
Ineligible under State law, or
b) Not the real party in interest or beneficial owner of the business operated
under the license.
Places Ineligible.
1) No license shall be issued for any place or any business ineligible for a license
under State law.
2) No license shall be granted for operation on any premises on which taxes,
assessments or other financial claims of the City are delinquent and unpaid.
3) No "on-sale intoxicating liquor" or "on-sale wine" license shall be issued unless
the applicant makes a bona fide estimation that at least 50% of the gross receipts
of the establishment during the first year of business will be attributable to the
sale offood.
a)
Each "on-sale intoxicating liquor" or "on-sale wine" license shall have the
continuing obligation to have at least 50% of gross receipts from the
establishment during the preceding business year attributable to the sale
of food. For the purpose of this requirement, "establishment" shall
include the food and beverage portion of a multi-serve establishment.
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b)
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Financial records for food and beverage portion must be maintained
separately from the records of the remainder of the establishment.
For the purpose of this Section, "sale offood" shall include gross receipts
attributable to the sale of food items, soft drinks and non-alcoholic
beverages. It shall not include any portion of gross receipts attributable to
the non-alcoholic components of plain or mixed alcoholic beverages, such
as ice, soft drink mixes or other mixes.
c)
The City Council may require the production of such documents or
information, including but not limited to books, records, audited financial
statements or pro forma financial statements as it deems necessary or
convenient to enforce these provisions. The City Council may also obtain
its own audit or review of such documents or information, and all licenses
shall cooperate with such a review, including prompt production of
requested records.
d)
In addition to other remedies that it may have available, the City Council
may place the license of any "on-sale" or "on-sale wine" licensee on
probationary status for up to one year, when the sale of food is reported, or
found to be, less than 50% of gross receipts for any business year. During
the probationary period, the licensee shall prepare any plans and reports,
participate in any required meetings, and take other action that the City
Council may require to increase the sale of food.
4) No license shall be granted for any place located within one thousand (1,000) feet
of any public or private school nor within four hundred (400) feet of any church.
5) Sunday Liquor Sales. On-sale Sunday liquor licenses shall be issued only to
hotels, clubs, and restaurants and which hold an on-site intoxicating liquor license
only in conjunction with the serving of food and which has facilities for serving at
least one hundred (100) guests at one time. The hours of the sale ofintoxicating
liquor shall be between 10:00 a.m. on Sundays and 1:00 a.m, on Mondays.
Section 4.
An establishment serving intoxicating liquor on Sunday must obtain a Sunday on-
sale liquor license from the City in the same manner as applications to sell
intoxicating liquor.
Intoxicating Liquor Licenses.
The City Council may grant the following types of intoxicating liquor licenses:
1)
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"On-sale" licenses may be issued only to hotels, clubs, and restaurants. A license
shall be issued only in conjunction with the serving of food and which has
facilities for serving at least one hundred (100) guests at one time.
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2)
"On-sale wine" licenses may be issued to restaurants for the sale of wine not
exceeding fourteen (14) percent alcohol by volume and for consumption on the
licensed premises only in conjunction with the sale of food.
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3) "Off-sale" licenses may be issued only to exclusive liquor stores and shall permit
"off-sales" of intoxicating liquor and non-intoxicating liquor. As an incident to
these sales, ice, soft drinks and all forms of tobacco may also be sold.
4) "Sunday sales" licenses may be issued only to a hotel or restaurant to which an
"on-sale" license has been issued. No Sunday sales license is needed for "on-sale
wine" licensees. Except in the case of "on-sale wine" licensees, no Sunday sales
of intoxicating liquor shall be made without a license for Sunday sales.
5) A "consumption and display permit" may be issued to a bottle club which
complies with the requirements of Minnesota Statute 340A.414 and which has
obtained a permit from the Commissioner of Public Safety. No bottle club may
operate in the City without first obtaining a permit from the City.
Section 5.
Exemptions.
Any person holding an on-sale intoxicating liquor license may sell non-intoxicating
liquor at on-sale without obtaining a non-intoxicating liquor license as required by the
City. Any person holding off-sale intoxicating liquor license may sell non-intoxicating
liquor at off-sale without obtaining a non-intoxicating liquor license as required by the
City.
A person holding an on-sale wine license who is also licensed to sell non-intoxicating
liquor at on-sale, and whose gross receipts are at least sixty (60) percent attributable to
the sale of food, may sell intoxicating liquor at on-sale without an additional on-sale
license.
Section 6.
License Application.
Every person desiring a license or consumption or display permit under this ordinance
shall file with the City Clerk a verified written application in the form prescribed and
approved by the Commissioner of Public Safety of the State of Minnesota. In addition to
the information required on the application form prescribed and approved by the
Commissioner of Public Safety and information required by any other officer or office of
the State of Minnesota, the application made to the City shall include the following:
1) Representations as to the applicant's character;
2) The business in connection with which the proposed licensee will operate;
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3)
Whether the applicant is the owner and operator of the business and ifnot, who is:
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4) Whether the applicant has ever used or been known by a name other than his/her
J name, and if so, what was the name, or names, and information concerning dates
and places where used;
5) Whether the applicant is married or single. If married, the true name, place and
date of birth and street address of applicant's spouse;
6) Street address at which applicant and spouse have lived during the preceding ten
(10) years;
7) Kind, name and location of every business or occupation applicant or spouse has
been engaged in during the preceding ten (10) years;
8) Names and addresses of applicant's and spouse's employers and partners, if any,
for the preceding ten (10) years;
9) Whether the applicant or spouse has ever been convicted of a violation of any
State law or local ordinance, other than a non-alcohol related traffic offense. If so,
the applicant shall furnish information as to the time, place and offense for which
convictions were had; and
10) Whether the applicant or spouse, or parent, brother, sister or child of either of
, them, has ever been engaged as an employee or in operating a saloon, hotel,
\ restaurant, cafe, tavern or other business of similar nature. If so, applicant shall
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furnish information as to the time, place and length of time;
11) Whether the applicant has ever been in military service. If so, the applicant shall,
upon request, exhibit all discharges.
12) The name, address and business address of each person who is engaged in
Minnesota in the business of selling, manufacturing or distributing alcoholic
beverages and who is nearer in kin to the applicant or spouse than second cousin,
whether of the whole or half-blood, computed by the rules of civil law, or who is
brother-in-law or sister-in-law ofthe applicant or spouse.
13) If the applicant is a partnership, the names and address of all partners and all
information concerning each partner as is required of a single applicant as above.
A managing partner, or partners, shall be designated. The interest of each partner,
or partners in the business shall be submitted with the application and, ifthe
partnership is required to file a certificate as to trade name under the provisions of
Minnesota Statute, Chapter 333, a copy of the certificate certified by the Clerk of
District Court shall be attached to the application.
14) If the applicant is a corporation or other organization the applicant shall submit
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a) name, and if incorporated, the state of incorporation;
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b) a true copy ofthe certificate of incorporation, articles of incorporation or
association agreements;
c) the names of the manager or proprietor or other agent in charge of, or to be
in charge of the premises to be licensed, giving all information about said
person as is required in the case of a single applicant.
d) a list of all persons who, single or together with their spouse or a parent,
brother, sister or child of either of them, own or control an interest in said
corporation or association in excess of five (5) percent or who are officers
of said corporation or association, together with their addresses and all
information as is required for single applicant.
15) The floor number and street number where the sale of alcoholic beverages is to be
conducted and the rooms where the beverages are to be sold or consumed. An
applicant for an "on-sale" license shall submit a floor plan of the dining room(s),
which shall be open to the public, shall show dimensions and shall indicate the
number of persons intended to be served in each of the rooms;
16)
The amount of the investment that the applicant has in the business, land,
building, premises, fixtures, furniture, or stock in trade, and proof of the source of
the money. Whenever the application for an "on-sale" license, or for a transfer
thereof, is for premises either planned or under construction or undergoing
substantial alteration, the application shall be accompanied by a set of the
preliminary plans showing the design of the proposed premises to be licensed. If
the plans are on file with the City, no further plans need to be filed;
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17) A list of responsible persons, including the names of owners, managers and
assistant managers, who may be notified or contacted by the State or City
employees in case of emergency.
18) Other information which the City Council deems appropriate,
No person shall make a false statement or material omission in a license application. Any
false statement or material omission shall be grounds for denying or revoking a license.
Each licensee shall have the continuing duty to properly notify the City Clerk of any
changes in the information or facts required to be furnished on the application license.
This duty shall continue throughout the period of the license and failure to comply with
this Section shall constitute cause for revocation or suspension of the license.
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The application for the renewal of any existing license shall be made at least ninety (90)
days prior to the date of the expiration of the license and shall be made on the form
provided by the City Clerk.
Section 7.
License Fee.
Every applicant for a license or consumption and display permit shall pay to the City a
fee as set by City Council resolution. This fee shall be for the purpose of conducting a
preliminary background and financial investigation of the applicant. If the City Council
believes that the public interest so warrants, it may require a similar investigation at the
time of renewal of any license.
Each license, except consumption and display permits, shall expire on December 31 st of
the year in which it is issued. Consumption and display permits shall expire on June 30
of each year. Fees for licenses issued during the license year shall be prorated according
to the number of months remaining in the year. For this purpose, an unexpired fraction of
a month shall be counted as a whole month which shall have elapsed.
No refund of any fee shall be made except as authorized by statute.
Section 8.
Bond.
) Each application for a license shall be accompanied by a surety bond or letter of credit.
Such surety bond or other security shall be in the sum of$5,000.
Operation of a licensed business without having on file with the City at all times effective
security as required in this Section is cause for revocation or suspension ofthe license.
Section 9.
Financial Responsibility.
Every application for a license shall be accompanied by evidence of adequate financial
responsibility for liability in a form permitted by Minnesota Statute Section 340AA09,
Subd. 1. This provision shall not apply to establishments exempt from financial
responsibility requirements by Minnesota Statute 340AA09, Subd. 4.
A liability insurance policy shall name the City of Andover as an additional insured and
shall provide for the following minimum coverages as stated in Minnesota Statute
Section 466.04.
)
The liability policy must provide that it may not be canceled for any cause either by the
insured or the insurance company without first giving ten (10) days notice to the City in
writing of that intention. The policy must also provide that any amount paid by the
insurance company as a result of a claim will not reduce the coverage available to pay
subsequent claims.
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No person may operate any business or conduct any activities requiring a liquor license
from the City without having in effect, and evidence on file with the City of, the financial
responsibility required by this Section. The failure to have the financial responsibility in
effect and/or on file shall be grounds for immediate revocation or suspension of a license.
Section 10. Granting of License.
No liquor license of any kind, shall be issued until the City has conducted an
investigation of the representations set forth in the application. All applicants must
cooperate with this investigation.
No license shall be issued until the City Council has held a public hearing in accordance
with the following:
1) For all licenses and consumption and display permits, a public hearing
shall be held at a City Council meeting. All property owners and
occupants located within three hundred and fifty (350) feet of the proposed
location shall be notified at least ten (10) days prior to such hearing.
2) At the public hearing all persons interested in the matter shall be heard.
No hearing shall be required for a renewal of a license, but the City
Council may at its option, hold a public hearing.
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After investigation and hearing, the City Council shall, at its discretion, grant or deny the
application. Each application shall require a majority vote by the City Council for
approval. No "on-sale wine" license, "off-sale" license, club "on-sale" license, or
consumption and display permit shall become effective until it, together with the security
furnished by the applicant, has been approved by the Commissioner of Public Safety.
Within ten (10) days of issuing an "on-sale" license, the City shall submit to the
Commissioner of Public Safety the full name and address of each person granted a
license, the effective date of the license, and the name under which the licensee will
conduct the business.
)
Each license shall be issued only to the applicant and for the premises described in the
application. No license may be transferred to another person or place without application
to the City Council in the same manner as an application for a new license. Transfer of
twenty- five (25) percent or more of the stock of a corporation or of a controlling interest
thereof, whichever is less, shall be deemed a transfer of the license of a corporate
licensee. If the licensee is a corporation which is wholly owned by another corporation,
the same provisions about the transfer of a stock or a controlling interest shall apply to
that parent corporation, any second parent corporation which wholly owns the parent
corporation, and all other similarly situated parent corporations up through the chain of
ownership. Transfer of this amount of stock without prior City Council approval is
ground for revocation or suspension of the license. In addition, each day the license
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operates under the license after a transfer has taken place without obtaining City Council
approval shall be a separate violation of this ordinance.
Section 11. Conditions of License.
Every license is subject to the following conditions, all other provisions of this ordinance,
and any other applicable regulations, or State law:
1) Every licensee is responsible for the conduct of his or her place of business and
the conditions of sobriety and order in it. The act of any employee of the licensed
premises authorized to sell intoxicating liquor there is deemed the act of the
licensee as well, and the licensee shall be liable to all penalties provided by this
ordinance equally with the employee, except criminal penalties;
2) Every license to sell alcoholic beverages and permit for consumption and display
must be posted in a conspicuous place in the premises for which it is used.
3) Every licensee shall allow any peace officer, health officer, or property designated
officer or employee of the City to enter, inspect, and search the premises of the
license at reasonable hours without a warrant;
4)
No licensee shall possess a Federal Wholesale Liquor Dealer's Special Tax Stamp
or a Federal Gambling Stamp;
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5) No person shall consume any intoxicating or non-intoxicating liquor on any
licensed premises more than thirty (30) minutes following the time established by
law for cessation of the sale ofliquor. No person, except an employee of the
licensed establishment, shall remain on the premises or site more than thirty (30)
minutes following the time established by law for cessation of the sale of liquor.
6) In the event of a death of a person holding a license, the personal representative of
that person shall be allowed to continue to operate the business within the terms
of the license for a period not to exceed ninety (90) days after the death of the
licensee.
7)
Persons holding "on-sale" or "on-sale wine" licenses, in addition to being subject
to the requirements of this ordinance, shall report any internal change to the
licensed premises which materially enlarges, expands, reconfigures, or alters the
size of the area connected with the consumption of liquor or the type of service
offered by the establishment, prior to the beginning of work. This report shall be
made to the City Clerk for review by the City Council and may result in altering
the terms under which the license is granted. No work shall be done nor City
permits issued for the work until the change is approved by the City Council.
Each day the licensee operates under the license after beginning construction of
the changes and before obtaining City Council approval shall constitute a separate
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violation of this ordinance, resulting in a mandatory minimum civil offense of
$100.00 per day.
The licensee shall not keep, possess, or operate or permit the keeping, possession
or operation of, on the licensed premises or in any room adjoining the licensed
premises, any slot machine, dice or any gambling device or apparatus, nor permit
any gambling therein, nor permit the licensed premises or any room in the same,
or in any adjoining building, directly or indirectly under its control to be used for
any illegal purpose. Notwithstanding the above, gambling licensed and permitted
by the Minnesota Charitable Gambling Board is allowed and sales sponsored by
the Minnesota State Lottery may be made at any licensed establishment.
No licensee shall sell or permit the consumption of alcoholic beverages except in
compliance with the hours established in Minnesota Statute Section 340A.504.
10)
No person shall possess open containers of alcoholic beverages or consume
alcoholic beverages on the premises under the licensee's control outside of the
licensed structure or in any area of the licensed premises which was not
designated for these activities in the license application.
11)
Each "on-sale" and "on-sale wine" license shall have the continuing obligation to
comply with all State and local health and food-handling regulations. At the time
of application for any new or renewed license the City Council may review (if
deemed necessary) the establishment's health and food-handling inspection
results. In addition to other remedies that it may have available, the City Council
may place the license of any "on-sale" or "on-sale wine" licensee on probationary
status for up to one (1) year when inspections reveal the establishment has not
achieved passing scores. During the probationary period, the licensee shall take
such action as may be required to achieve passing scores, and shall be subject to
subsequent inspections for compliance, and shall be subject to other conditions
which the City Council may impose.
Section 12. Minors and Other Prohibited Persons.
1) It shall be unlawful for any person to sell, give, barter, furnish, deliver or dispose
of, in any manner, either directly or indirectly, any liquor in any quantity, for the
purpose to any minor person, to any intoxicated person, or to any person to whom
this is prohibited by Minnesota Statute 340A.503, Subd. 2.
2) It shall be unlawful for any minor to enter any premises licensed for the retail sale
of liquor for the purpose of purchasing, or having served or delivered to him or
her any liquor or to consume any liquor, purchase or attempt to purchase or have
another purchase for him or her, any intoxicating liquor.
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3)
It shall be unlawful for any person to misrepresent or mistake his or her age or
identity, or the age or identity of any other person for the purpose of inducing any
licensee or any employee of any license, to sell, serve or deliver any liquor to a
mmor.
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4) It shall be unlawful for a minor to have in his or her possession any liquor, with
intent to consume the same at a place other than the household of his or her parent
or guardian. Possession of liquor at a place other than the household of the
minor's parent or guardian shall be a prima facie evidence of intent to consume
the same at a place other than the household of his or her parent or guardian.
Section 13. Suspensions and Revocations.
The City Council may either suspend for up to sixty (60) days or revoke any liquor
license or impose a civil fine not to exceed $5,000 for each violation upon a finding that
the license of an agent or employee of the licensee has failed to comply with any
applicable statute, regulation or ordinance. No suspension or revocation shall take effect
until the licensee has been afforded an opportunity for a hearing pursuant to Minnesota
Statute Section 14.57 to 14.70.
Section 14. Penalty.
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Except as otherwise provided by State law, any person violating any provision of this
ordinance shall be subject to the penalties established in this ordinance. Any fine or
sentence imposed shall not affect the right of the City to suspend or revoke the license of
the licensee as the City Council deems appropriate.
Adopted by the City Council of the City of Andover on this ~ day of August, 1997.
ATTEST:
CITY OF ANDOVER
Victoria V olk, City Clerk
J. E. McKelvey, Mayor
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CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
j
DATE:
August 5. 1997
AGENDA SECTION
Non-Discussion/Consent Items
ORIGINATING DEPARTMENT
Scott ~ricks,on lit.
Engineering \J
ITEM NO.
Approve Plans & Specs/97-25/
Fencing/Sunshine Park, Pleasant Oaks, Pine Hills,
,~ills of Bunker Lake 5th Addition
3ln
The City Council is requested to approve the resolution approving plans and specifications
and ordering the advertisement for bids for Project 97-25, Fencing/Sunshine Park, Pleasant
Oaks, Pine Hills, Hills of Bunker Lake 5th Addition.
Specifications are available in the Engineering Department for review.
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CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO.
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MOTION by Councilmember
to adopt the following:
A RESOLUTION APPROVING FINAL PLANS AND SPECIFICATIONS AND
ORDERING ADVERTISEMENT FOR BIDS FOR PROJECT NO. 97-25 ,FOR
FENCING/SUNSHINE PARK. PLEASANT OAKS. PINE HILLS, HILLS OF
BUNKER LAKE 5TH ADDITION.
WHEREAS, pursuant to Resolution No. 142-97 adopted by the City
Council on the 17th day of June , 19-.9L, the City Engineer has
prepared final plans and specifications for Project 97-25 for Fencing/Sunshine
Park, Pleasant Oaks. Pine Hills Hills of Bunker Lake 5th Addition.
WHEREAS, such final plans and specifications were presented to the City
Council for their review on the 5th day of August , 19----9L.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Andover to hereby approve the Final Plans and Specifications.
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BE IT FURTHER RESOLVED by the City Council of the City of Andover to
hereby direct the City Clerk to seek public bids as required by law, with such bids
to be opened at 10:00 AM, August 19 19 97 at the Andover City Hall.
MOTION seconded by Councilmember and adopted by the
City Council at a regular meeting this 5th day of August , 19 97 , with
Councilmembers
favor of the resolution, and Councilmembers
said resolution was declared passed.
voting in
voting against, whereupon
CITY OF ANDOVER
ATTEST:
J.E. McKelvey - Mayor
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Victoria Volk - City Clerk
CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
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DATE: AUlrust 5. 1997
AGENDA SECTION
Non-Discussion/Consent Item
ORIGINATING DEPARTMENT
Planning
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ITEM NO.
Approve Final PlaUlndian Meadows
31. 5th Addition
North Suburban Development, Inc.
David L. Carlberg
Community Development Director
The City Council is requested to approve the resolution approving the final plat for the Indian
Meadows 5th Addition project as requested by North Suburban Development, Inc. The final
plat is found to be in compliance with the preliminary plat. It is recommended that the final plat
be approved subject to the following stipulations:
1. City Attorney presenting a favorable title opinion.
2. Security to cover legal, engineering, street sign and installation costs to be determined by
the City Engineer.
3. The developer escrow for the uncompleted grading of this site which is to be determined by
the City Engineer or if the site is completed, a letter from the developer's engineer that lots
and streets are graded according to the grading plan submitted and approved or any
J revisions thereof.
4. Street light costs to be paid to Anoka Electric Cooperative. Costs to be determined by
Anoka Electric Cooperative.
5. The final plat not be signed by the Mayor and Clerk until there is an executed Development
Contract and escrow paid.
6. Receipt of all necessary drainage and utility easements outside the plat if necessary.
7. Developer is responsible to obtain all permits from U.S. Army Corps of Engineers, DNR,
LGU, LRRWMO, MPCA and any other agency that may be interested in the site.
8. Variances from Ordinance No. 10, Section 9.06A3 for Lot 5, Block 2 and Lots 1&2, alock 3.
Note: The variances were approved as part of the approval of the preliminary plat.
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COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO. R -97
MOTION by Councilmember to adopt the following:
A RESOLUTION APPROVING THE FINAL PLAT OF THE DEVELOPMENT OF
INDIAN MEADOWS 5TH ADDITION ,AS BEING DEVELOPED BY NORTH
SUBURBAN DEVELOPMENT. INC., IN SECTION 19 & 20-32-24, Anoka
County, Minnesota.
WHEREAS, the City Council approved the preliminary plat of the
Development of Indian Meadows 5th Addition ; and
WHEREAS, the Developer has presented the final plat of Indian
Meadows 5th Addition: and
WHEREAS, the City Engineer has reviewed such plat for conformance
with the preliminary plat; and
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Andover to hereby approve the final plat of Indian Meadows 5th Addition
contingent upon receipt of the following:
1. The City Attorney presenting a favorable opinion.
2. Security to cover legal, engineering, street sign and installation costs as
determined by the City Engineer.
3. The developer escrow for the uncompleted grading of the site which is to be
determined by the City Engineer or if the site is completed, a letter from the
developer's engineer that lots and streets are graded according to the
grading plan submitted and approved by the City.
4. The final plat not be signed by the Mayor and Clerk until there is an executed
Development Contract and escrow paid.
5. Street light costs to be paid to Anoka Electric Cooperative. Costs to be
determined by Anoka Electric Cooperative.
6. Receipt of all necessary drainage and utility easements outside the plat if
necessary.
7. Developer is responsible to obtain all permits from U.S. Army Corps of
Engineers, DNR, LGU, LRRWMO, MPCA and any other agency that may be
interested in the site.
8. Variances from Ordinance No. 10, Section 9.06A3 which requires lots to have
a minimum buildable area with a minimum width of 150 feet and a minimum
depth of 150 feet for Lot 5, Block 2 and Lots 1 &2, Block 3.
Adopted by the City Council of the City of Andover this 5th day of Auqust ,
19-.J!L.
CITY OF ANDOVER
ATTEST:
J.E. McKelvey - Mayor
Victoria Volk - City Clerk
CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
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DATE:
August 5. 1997
AGENDA SECTION
Non-Discussion/Consent Item
ITEM NO.
~:rove Quotes/97-23/Pavement Markings
ORIGINATING DEPARTMENT
Todd J. Haas, /'
Engineering
The City Council is requested to approve the quotes for pavement markings, Project 97-23.
Quotes received are as follows:
Vendor
Quote
Precision Pavement Marking
AM Striping Service Co.
$5,843.07
$5,884.32
Pavement markings are done annually. This was budgeted for this year.
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CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
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DATE: August 5 1997
AGENDA SECTION
Non-Discussion/Consent Item
ORIGINATING DEPARTMENT
Todd Haas, /
Engineering
ITEM NO.
Approve Ordinance/Street Name Change/
Hunter's Hollow
3Q.
The City Council is requested to approve the ordinance changing the street name of Gladiola
Lane NW south of 164th Avenue NW to Gladiola Street NW and change Eidelweiss Lane NW
south of 164th Avenue NW to Eidelweiss Street NW located in Hunter's Hollow.
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CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
ORDINANCE NO.
AN ORDINANCE CHANGING STREET NAME OF GLADIOLA LANE NW SOUTH OF
164TH AVENUE NWTO GLADIOLA STREET NW AND CHANGE EIDELWEISS
LANE NW SOUTH OF 164TH AVENUE NW TO EIDELWEISS STREET NW
LOCATED IN HUNTER'S HOLLOW.
THE CITY COUNCIL OF THE CITY OF ANDOVER HEREBY ORDAINS:
SECTION 1. The street now shown as Gladiola Lane NW south of 164th Avenue NW
and Eidelweiss Lane NW south of 164th Avenue NW be renamed to Gladiola Street
NW and Eidelweiss Street NW.
Adopted by the City Council of the City of Andover this 5th day of August, 1997.
CITY OF ANDOVER
Attest:
J. E. McKelvey - Mayor
Victoria Volk - City Clerk
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CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
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DATE: August 5. 1997
AGENDA SECTION
ORIGINATING DEPARTMENT
Non-Discussion
Planning
Jeff Johnson
ITEM NO.
Approve Resolution
Authorizing City to Enter into Grant Agreement with State
(Contaminated Soils - Auto Salvage Yards)
~b.
The City Council is asked to review and approve the attached resolution authorizing the City to enter
into a grant agreement with the State of Minnesota to fund costs associated with the clean-up of
contaminated land at the former Best Auto Parts Site (1950 Bunker Lake Boulevard NW) and adjoining
" auto salvage yard areas.
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CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RESOLUTION NO.
A RESOLUTION AUTHORIZING THE CITY OF ANDOVER TO ENTER
INTO A GRANT AGREEMENT WITH THE STATE OF MINNESOTA TO
FUND COSTS ASSOCIATED WITH THE CLEAN-UP OF CONTAMINATED
LAND AT THE FORMER BEST AUTO PARTS SITE (1950 BUNKER LAKE
BOULEVARD NW) AND ADJOINING AUTO SALVAGE YARD AREAS.
WHEREAS, the 1997 Legislature appropriated $500,000 to make a grant to the
City of Andover for the cleanup of contaminated land at the former Best Auto
Parts Site and adjoining auto salvage yard areas, and
WHEREAS, to request this money, the City must enter into a grant agreement with
the Minnesota Department of Trade and Economic Development and
WHEREAS, the Mayor and City Clerk are authorized to enter into such agreement
and are authorized to sign all applicable contracts with the Minnesota Department
of Trade and Economic Development.
NOW, THEREFORE, BE IT RESOLVED that the City enter into an agreement
with the State of Minnesota to partially fund the cleanup of contaminated land at
the former Best Auto Parts property (1950 Bunker Lake Boulevard NW) and
adjoining salvage yard areas.
Adopted by the City Council of the City of Andover on this.5.1h day of August,
1997.
ATTEST:
CITY OF ANDOVER
Victoria Yolk, City Clerk
J. E. McKelvey, Mayor
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CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
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DATE:
August 5 1997
AGENDA SECTION
Non-Discussion/Consent Item
ORIGINATING DEPARTMENT
ITEM NO.
Approve Quote/Groundwater Investigation/
. ~4-33/Commercial Boulevard NW Ext.
'11.
Scott Erickson,~
Engineering
The City Council is request to authorize the City's environmental consultant, Maxim
Technologies, to perform groundwater investigations for the Best Auto site for an amount not
to exceed $17,638.80. The groundwater investigation is a required part of the remediation for
this site.
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JlL-2S-1997 11=22
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I'1'IXr M TEOKIU::lG rES
6126:;)9"1341::1 P. e9/09
GROUNDWATER INVESTIGATION COST ESTIMATE
1. FIElD ACTIVITIES
Project Manllll&r
T&ehr1icilln
Clerical
Vehic:le
/ \
~:,":.:,:,:':';:G
Geoprabe
... "~''; ".... ,~
~... 'f ~ f ~ ~:.
/
VOC:s
Lead and Ctlromilolm
PAHs
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[j~'d ~f6~ 'ON
BEST It WEST OF BEST AREA
ANDOVER, MINNESOTA
~.<a~~;.a~
$85.00 per hour
$45.00 per hour
G3B.<.JO per nour
I~.ti:;~,d::~~;;<j
$0.40 per mile
F'"..'.~>""''''>~
,::.::::.~ '.,~""""'''''''''~
$125.00 per haur
G".'-~--'lJ
"'~""''''''-'. ..~...........
.........;.."........ .....,
$1'0.00 each
.20.00 e~h
"45.00 each
f.lt~iiiDo11!E:Ji~~1
", 1<0" ,.........
;1'.00 per haur
$45.00 per hour
'&5.00 PI' hour
$38.00 per hour
I""'::i~ffiun:t:rv~.;::;:",! I
8.0 hours
44.0 hours
1.0 /lours
SlIbror.alPelSOMlll
J -".~--I
"'-~:~ . .~..,....
"_'0;<'.,,_ .........
132.0 miles
$U~ Equipmam
6~;~'~~~'t':::::::::~{
......-_4 ., "'''>./.-:'''_:'''
44.0 hours
~ OrUing
t.q~._~;~y
'''-'-~'' - .....,.......-
24.0 samples
24.0 nmplc3
24..0 samples
SuMotal AnaJy1ica/
TASK TOTAl =
[-~-~".'I
. --:.......-- ....................
too ...
24.0 hours
6.0 hours
4.0 hours
3.0 hours
Subtotal Po.rsonnel
TASK TOTAl ;;;;
$2,698.00
$Z.640.00
"'24.00
UAElO.OO
$6,744.00
$14,994.80
$~644.00
$2.644.00
. . .;'ih? :ci:t!~!~~~;~i::~:;BS . .
S00~ XNV~j SJNO))W
WdIS:~ L361 'O~ 'IOr."3
CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
DATE: Au2Ust 5. 1997
AGENDA SECTION
Non-Discussion/Consent Item
ORIGINATING DEPARTMENT
ITEM NO.
Approve Extension of
Preliminary Plat - Shadowbrook
Bunker, LLC
Planning - ~
David L. Carlberg
Community Development Director
The City Council is requested to approve the extension of the preliminary plat for
Shadowbrook for one year. Attached is a letter from Mike Quigley, Director of Development,
Bunker, LLC requesting the extension. -:
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8-05-1997 11 :52AM
FROM E1+1ERICH"SBLER 612 755 6311
P,2
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'., 'B'~""': ""''''11' "c;;' ,;::",
. .. . -. :.'
~~~L., t~"Y}i}:{ii(:i:,i,:y :,,;"~~;
".,.". ~-"):'l'."'l'-"'o..:.:-'N'.~ ,'r:... .;......,.'1 "O:~"'t.:-:'!-'I''l'-,'"':. "If='':'''';'.~:'"l''''''.,. ~...\,:,"';~.:-."i~~~.l:~A'Il-:S":I:'Zr:.~'''''n'l::-:'!IlT"_.'l'':-:'~::! :~. l''':,:",::'-:
1 Q7J8 HllIlllon BOulEMlrd
Coon Rapids. MN 55433
(612) 75&-0554
August5,1997
Mr. Todd Haas
City Of Andover
1685 Cr<r.J3town Boulevard
Andover, MN 55304
Dear Mr. Haas;
Please elttend the prelimInary plat ofShactowbrook from May 7, 1997
to May 8,1998.
If you have any questions concerning this request. please don't hesitate to call
, me at(612) 767-3965.
Sincerely,
~~~
Mike QUigley
Director of Development
Beck's Auto, Inc.
13585 Thrush St. NW
Andover, MN 55304
(612) 754-6030
July 23, 1997
Planning & Zoning Commission
City Council
City of Andover
1685 Crosstown Boulevard NW
Andover,~ 55304
RE: Amended Special Use Permit
Beck's Auto, Inc.
Dear Commissioners and City Councilmembers :
Today we submitted our application for an Amended Special Use Permit. We are
requesting to expand our parking lot and provide a secure parking area for our customer's
convenience. For those of you who are new to the Planning & Zoning Commission and
City Council, we would like to introduce ourselves.
We have been in business as an auto repair shop for the past 14 years, Prior to moving to
our Andover location, we were know as Northtown Automotive and rented space at
Northtown Mall for 10 Y2 years, Our building is located in Andover Commercial Park.
We have a 6,000 square foot facility with 9 working bays. Our operation is a professional,
clean, honest and a very well run business. We are well known and respected by other
automotive repair facilities in the metro area, We are members of the North Metro
Chamber of Commerce, we support local fund raising efforts and we recently were
approved as a national sales location for the Goodyear Tire & Rubber Company. We
strongly believe in supporting our local community, not only through patronizing other
businesses, but by the hiring of local residents,
In the past 27 months at this location, we would like to think that we have proven to the
City of Andover that we are responsible business owners. We have grown from 4
employees to a staff of 7, Currently, we are in the process of searching for another I or 2
top technicians to add to our staff, which will help ease the workload, We are a full
service repair facility with the knowledge, skills and equipment to handle the larger, more
complicated repairs,
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City of Andover
Page 2
July 23, 1997
The following are some of the reasons we are requesting the Amended SUP:
1. Our business has expanded greatly in the 27 months we have been in business at this
location, The sheer volume of vehicles has surpassed our expectations of 3 years ago, Our
volume has almost tripled from our prior location.
2, Many repair jobs are large projects requiring several days to complete and we often need
to wait for parts to arrive, etc,
3. The Planning and Zoning Commission had no restrictions on parking in their
recommendation to the City Council to approve our Special Use Permit. Former
Councilmember Jacobson was responsible for adding the fifth condition to the Resolution,
in regards to the after hours parking. As far as we know, this fifth condition only applies
to 2 businesses in the City of Andover.
4, The customer base continues to grow and consists of many Andover residents, residents of
neighboring cities, along with our prior Northtown customers. Most of our customers are
regular, repeat customers. We provide repair service to all of our neighboring businesses
and their employees, with the exception of Northwest Transmission.
5, Customers drop their cars off for repair and leave them with us overnight, for a few days,
and longer when convenient for them, This is an amenity we like to provide for our
customers.
6. We feel we deserve the same courtesy extended to other businesses in Andover in regards
to after hours parking, This only seems fair. We realize Andover is trying to achieve a
certain "Image" and we respect that. Image is very important to us also.
7. We always park as many vehicles in our building each night, as is physically possible,
which amounts to 9 vehicles.
8, We do not intend on using the secure parking for dismantling of cars and/or resale of
parts, or for storing unrepairable cars, We are looking for temporary, overflow, secure
parking for the convenience of our customers,
We are trying our best to comply with all City Ordinances, etc, and we are willing to work
with the Planning & Zoning Commission, the City Council and City Staff to resolve the after
hours parking regulation and expansion. We hope that you feel our business is an asset to this
community too, We will be contacting each of you individually in the near future to answer
any questions you may have, Thank you in advance for your time and consideration in
granting this request.
Si~c/~!.e}~,//,. I.
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Ray Be~k, Owner
~
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JENSEN & SWANSON, P.A.
ATfORNEYS AT LAw
8525 EDlNBROOK CROSSING
SUITE #201
BROOKLYN PARK, MINNESOTA 55443
TELEPHO~'E (612) 424-8811 TELEFAX (612) 493-5193
r H'q. F C L. I \ I r:: 0
.~ IL "J l_
AUG 041997
~... . -.... - - \.
r, :.', .1 ":j.' { '\. Ir 1\ !'. I f1 ,",,",: \ I C c.
- . ',J 1-. ! \J L.J \j "j :._ : ...;_
GORDON L. JENSEN a
WILLIAM G, SWANSON
ROGER W. KUEHN
BREIT A. PERRY
August 1, 1997
OF COUNSEL
LoRENS g, BRYNESTAD
CHARLES W. ROGERS
JAMES P. 'IWEEDY
City of Andover
Attention: David L. Carlberg
Community Development Director
1685 Crosstown Blvd. N.W.
Andover, Minnesota 55304
r'S'~~;'B~"F~~''''''''''''''''''''''''''~
i To: (612) 755-8923 i
1 AND By REGULAR MAIL i
: :
...h".....................................................
Re: Hamilton Square Final Plat Approval
Dear Mr. Carlberg:
It is my understanding that the City Council will consider granting final plat approval for Hamilton
Square on August 5, 1997, subject to specified conditions. We certainly appreciate the efforts of the
City staff in helping to meet the aggressive time table required for this project. I have reviewed the
Request for Council Action as well as the proposed Resolution Approving the Pinal Plat. Two issues
are of significant concern in regard to the conditions proposed by staff for obtaining release of the final
plat for recording. These concerns relate to Item No.8 and Item No. 14.
1. The staff recommendation for park dedication is ".. .as recommended by the Park and Recreation
Commission as determined by Ordinance No. 10, Section 9.07." My client agrees, to a cash
contribution in lieu of land as recommended by the Park and Recreation Commission. The Andover
City Council also accepted this determination in granting preliminary plat approval. However, Mr. and
Mrs. Hamilton have continuously raised their concern regarding determination of fair market value for
the property. An appraisal was prepared on behalf of the City by Appraisal Engineering Bureau, Inc.
dated May 1, 1997 and presumably relied upon by the Commission. Objection to this appraisal by Mr.
and Mrs. Hamilton was based upon their opinion of market value as property owners. However,
recognizing the need for verification of their personal opinion, Mr. and Mrs. Hamilton engaged the
services of a professional real estate appraiser. We have now obtained a formal appraisal report and
I am enclosing a copy of the same with the "hard copy" of this letter. The appraisal shows a market
value for the property of $549,000.00. This is significantly below the $1,000,000.00 market value
stated by Appraisal Engineering Bureau, Inc.
"Market Value" for purposes of Andover Ordinance Section No. 9.07.6 is to be determined as follows:
aReal Estate Specialist Certified By The Minnesota State Bar Association
August 1, 1997
Page 2
"9.07.6 Market Value of Lands. "Market Value", for the purposes of this Ordinance
shall be determined as of the time of the final plat without improvements in accordance
with the following:
A. The Park and Recreation Commission and owners or developers may recommend
as to market value.
B. The City Council, after reviewing the Park and Recreation Commission's
recommendation, may agree with the owner or developer as to the market value.
If agreement is not reached in this manner, then the market value shall be
determined by an accredited appraiser chosen by the Park and Recreation
Commission, at the expense of the owner or developer. Such appraisal shall be
accepted by the City Council and the owner or developer as being an accurate
appraisal of "market value"."
At this time, and for the purpose of the meeting August 5, 1997, the owners and developers of the
property, Mr. and Mrs. Hamilton, are recommending and requesting that the Council adopt a market
value of $549,000.00 as shown on the Renne appraisal.
The City Council should be given the opportunity to review not only the Park and Recreation
Commission's recommendation and its appraisal, but also be given time to reasonably consider the
appraisal prepared by the professional appraiser engaged by Mr. and Mrs. Hamilton. 'Therefore, I
request that condition No.8 in the request for Council action and condition No.8 in the proposed
Resolution for Final Plat Approval be modified to permit delay in the final determination of market
value until the August 19, 1997 meeting. A spread of over $400,000.00 between two qualified
appraisers certainly requires further analysis. Until the Council has had the opportunity todo such
review, I do not believe that the purpose and intent of paragraph B of Section 9.07.6 of the ordinance
suggesting an exchange of information to reach an amicable agreement has been met. If, at the August
19, 1997 meeting and after reviewing our appraisal and hearing testimony as appropriate, the Council
is of the opinion that the market value is $1,000,000.00, the Council has the right under the ordinance
to arbitrarily accept the appraisal of Appraisal Engineering Bureau, Inc. and disregard the opinion of
the expert engaged by the Hamiltons. We understand this. We also agree that any final approval of
the plat granted on August 5, 1997 would remain subject to final determination of park dedication
amount and payment of the designated sum. However, if this specific issue (amount only) were to
remain for final determination on the August 19, 1997 agenda, I do not believe that delay in the project
would occur, nor would the rights of the City be jeopardized in granting final plat approval with this
modification to condition No.8. Perhaps language for No.8 in the Resolution could be as follows:
Payment of park dedication in accordance with Ordinance No. 10, Section 9.07.
2. I am also concerned about condition No. 14: "Contingent on staff review and approval for
compliance with City ordinances, policies and guidelines" if the language at the end of the Request for
August 1, 1997
Page 3
Council Action reading "Staff requests clarification from the City Council in regard to the ponding area
and the ownership of the pond" becomes a basis for staff renewing again its request that an association
be formed. Staff has raised this issue repeatedly, the last of which to my recollection was in connection
with the public hearing for Preliminary Plat Approval. City staff specifically requested and strongly
advocated at the public hearing for a condition of approval which required formation of an association
to own and manage the pond on Lot 3, Block 1, Hamilton Square. This proposal, advocated by staff
but opposed by the developer, the prospective purchaser of Lot 1, Block 1 and by the prospective
purchaser of Lot 2, Block 1 by letter remains potentially fatal to the pending sale of Lot 1, Block 1 and
the sale of Lot 2, Block 1 and was not accepted by the Council. Extensive discussions were held at
the public hearing including the fact that the City of Andover and other cities require creation of
associations in connection with residential developments for continued maintenance of ponding areas.
At this time, in reliance upon the preliminary plat approval which allowed the creation of the separate
lot and did not incorporate staff's proposal for an association, Mr. and Mrs. Hamilton executed a
Purchase Agreement with the prospective purchaser of Lot 1, Block 1. That Purchase Agreement does
not contemplate nor does it require the owner of Lot 1, Block 1, Hamilton Square to be a member of
an association. The United States Postal Service has indicated in a letter its rejection of the concept of
ownership of ponding areas and/or participation in an association. If the quoted language "Staff
requests clarification from the City Council in regard to the ponding area and the ownership of the
pond" is to be construed as authorizing the staff to require, through the concept of "policies and
guidelines", formation of an association for pond maintenance, it is inconsistent with the preliminary
plat approval and will jeopardize the present intended development and use of Lots 1 and 2, Block 1,
Hamilton Square.
I will be out of town and will be unable to attend the meeting on August 5, 1997. However, Jeff
Schopek, the engineer for Mr. and Mrs. Hamilton, will be present and Brett Perry, an associate with
our firm, will represent Mr. and Mrs. Hamilton in regard to legal issues arising in connection with the
Pinal Plat Approval.
If you have any questions in regard to the substance of this letter, the request set forth in regard to
Paragraph 8 and/or our position in regard to ownership of the pond lot, please do not hesitate to call
me today, August 1, 1997, or in my absence next week you may contact Brett Perry at the same
number.
Sincerely,
,.:.-, -,_'l
_ _~,.__"",-c-:,---".-c. ~~_
Gordon L. Jensen
JENSEN & SWANSON, P.A.
GU:sar
HAM-03,LTR (281\GU)
cc: Jeff Schopek (Fax only to 424-5822)
William Hawkins (Fax only to 421-4213)
DA TE_
August 5 1997
· Special City COuncil Minutes _ JUly 9, 1997
· City Council Minutes _ JUly 15, 1997
· Special City Council Minutes _ JUly 16, 1997
· Planning and Zoning Minutes _ JUly 22, 1997
· Park and Recreation Minutes _ JUly 23, 1997
· Ehlers Advisor
· Indian Meadows 5th Addition Final Plat
· Hamilton Square Final Plat
· Schedule of Bills
C'TY COUNC'
PLEASE ADDRESS Tl/ESE ITEMS AT THIS MEETING OR PUT THEM ON
THE NEXT AGENDA.
THANK YOU.
-. -----------
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SUMMARY OF AREA BOND SALES
Date Type or Bond~
03/03/97 New Jobs Training Certificates
03/03197 Ta:<able New Jobs Training Certificates
03/03197 GO. School Bonds
03/10/97 Ta:<able Industrial New Jobs Training Certificates
03/10/97 Industrial New Jobs Training Certificates
03/01/97 GO. School Bonds
03/11197 GO. Refunding Bonds
03/12/97 School Refunding Bonds
03/17/97 GO. School Refunding Bonds
03/18/97 GO. Bonds
03/18/97 GO. Bonds
03/18/97 Street Improvement Bonds
03/19/97 GO. School Bonds
03/19/97 GO. School Bonds
03/19/97 School Refunding Bonds
03/19/97 School Refunding Bonds
03/24/97 GO. School Bonds
03125/97 Urban Renewal Revenue Bonds
04/02/97 School Bonds
04/02197 GO. Streel Improvement Bonds
04/07/97 Airport Revenue Capital Lana Notes
04/08/97 GO. Bonds
04/08/97 Urban Renewal Revenue Bonds
04/09/97 GO. School Bonds
04/10/97 GO. School Bonds
04114/97 GO, School Bonds
04/15/97 GO. School Bonds
04121197 GO, Bonds
04/21197 Sewer Revenue Refunding Bonds
04/21/97 G.O. Bonds
04/21197 GO. Bonds
04/22/97 Local Option Sales & Service Tax Revenue Bonds
04/24/97 GO. Bonds
04/24/97 G.O. Bonds
05/01/97 Water Reveneu Bonds
05/05/97 G.O. Bonds
05/07/97 School Bonds
05/07/97 Txbl GO, Bonds
05/07/97 GO. Bonds
05/07/97 Water Revenue Bonds
05/12197 GO. Bonds
05/19/97 GO. School Bonds
05/19/97 GO. School Bonds
OS/20/97 Sewer Revenue Bonds
OS/20/91 GO. School Building Bonds
OS/21/97 GO, Bond Anticipation NOles
OS/21/91 Field House Revenue Bonds
OS/22/91 GO, School Bonds
OS/22/91 GO, Bonds
OS/22/91 Sewer Revenue Bonds
OS/27197 G,O, Corporate Purpose Bonds
OS/27/91 Local Option Sales & Services Tax Revenue Bonds
06/02/91 GO. Corporate Purpose Bonds
06/02/91 GO. Refunding Bonds
06/02197 Water Revenue Bonds
06/02/97 GO. Bonds
06/02/97 GO, Refunding Bonds
06/03/97 GO, School Bonds
06/05/97 Corporate Purpose Bonds
06/09/97 GO. Capital loan Notes
06/09/97 Anticipatory Warrants
06/10/97 GO. Corporate Purpose Bonds
06/11/97 GO. Anticipatory Warrants
06/16/91 Industrial New Jobs Training Certificates
06/16/97 Ta:<able Industrial new Jobs Training Certificates
06/17/97 GO. School Bonds
06/11/97 G.O. School Bonds
06n.4/97 School Bonds
Bond
Amounl Matunl)'
Not
Rat~ Ratin~
1,805,000 1998-20065.02% Aa2
1,460,000 1998-20066.91% Aa2
4,450,000 1998-20165.30% FGIC
640,000 1998-20066.99% Al
655,000 1998-2006511% A]
90,000 1998-19994.90% NR
4,860,000 1998-20024.55% A2
2,205,000 1998-2005 4.73% A3
550,000 1998-20014.62% A3
5,200,000 1998-20074,79% Aaa
735,000 1998-2000 4,28% y..,'R
235,000 1991-2006509% l'.'R
4,210,000 1998-20095.03% FGIC
3,750,0002000-20175.54% FSA
3,810,000 1998-20024,59% NR
4,900,000 1998-20095,04% NR
3,700,000 1998-20175,43% MBIA
2,000,000 1998-20205,69% NR
4,900,000 1998-20125,27% NR
650,000 1998-2012 5,27% NR
3,515,000 1998-20025.02% AMBAC
2,200,000 1998-20095,29% Aa2
1,500,000 1998-20125,16% NR
3,685,000 1998-20175,55% FSA
1,200,000 1998-20125,46% NR
3,500,000 1998-20125.41% FSA
4,040,000 1998-2011 5.58% NR
14,450,000 1999-20165.53% AaJ
30,300,000 1998-20125.39%, FGIC
2,450,000 1998-20125.39%, MBIA
780,000 1999-20125.48% AI
1,500,000 1998-20]25.61% A
1,400,0002000-20095.13% AI
1,235,000 1998-20024.81% AI
1,590,000 1998-20125.31% NR
2,495,000 1998-20125.22% AI
6,275,000 1999-20115.41% MmAC
500,000 1999-2007119"/. Aaa
15,100,000 1998-20125060/. Aaa
21,680,000 1998-20115,430/. AA+
950,000 1998-20125,250/. NR
4,900,000 1998-20125,230/. Al
7,000,000 2013-20175.57% NR
10,600,000 1998-20225,53% MBtA
2,300,000 1998-20074,99% NR
1,635,0002000 4,69% NR
9,150,000 1998-20225.15% A3/A
2,100,000 1998-20125.27% NR
4,500,000 1999-20125.15% FGIC
4,000,000 1999-20115.40% MBIA
575,000 1999-20085.04% NR
450,000 1998-20085.23% NR
1,905,000 1998-20125.05% A2
585,000 2001-20094.94% A2
1,245,000 1999-2013 5,38% NR
2,305,000 1998-2012506% Al
2,130,000 1998-20084,90% AI
3,300,000 1998-20175,33% MBIA
1,135,000 1998-20074,84% Al
450,000 1998-20054,85% NR
5,000,000 1998 3.90% NR
5,460,000 1998-20094.74% Aaa/AA
5,000,000 1998 4.21% NR
1,140,000 1999-20074,92% Al
1,140,000 1999-20016820/. Al
2,300,000 1999-20115,25% NR
1,200,000 1998-20165,23% NR
495,000 1999-2013 5,27% NR
Municipalin
Polk County
New Hampton
MINNESOTA
Carver County HRA
IS.D No. 861 (Winona)
Roseville
SI. Anthony
Woodbury
lS.O. No. 31 (Bemidji)
IS.D. No. 12 (Centennial)
IS.D. No, 727 (Big Lake)
SI. Joseph
Worthington
SI. Paul
SI. Paul
Clearbrook
ISO. No, ]82 (Crosby-Ironton)
Bloomington
Buffalo
Edina
Glencoe
St Louis Park
IS.D. No. 148 (SandI)
ISD. No. 423 (Hut(hinson)
Inver Grove Heights
Inver Grove Heights
Inver Grove Heights
Andover
I.S,D. No. 542 (Banle lake)
Polk County
Farmington
Ramsey County
Elko
Metropolitan Council
Metropolitan Council
Metropolitan Council
Metropolitan Council
ISO. No. 166 (Cook County)
Fridley
Montevideo EDA
SI. Louis Park
GranileFalls
SI. Francis
Eden Prairie
Eden Prairie
Hopkins
SI. Louis County HRA
Shakopee
Gibbon
Riverton
Minnesota Housing Finance Authority
Brooklyn Park
IS.D, No. 696 (Ely)
Inver Grove Heights
lS.D. No. 392 (Le Center)
Anoka County HRA
Stewartville
Blaine
Walker
Barren
Dawson EOA
Dawson EDA
IS.D. No, 621 (Mounds View)
ISO. No, 621 (Mounds View)
Pipestone
Minnesota State Higher Ed Fac Auth
ISO, No, 2135 (Maple River)
Dat~ Tvpe or Bond~
06/24/91 G.o. Urban-Renewal Bonds
06/30191 Electric Revenue Bonds
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03/11197 G.O. Improvemenl Bonds
03/12/97 GO.lmprovemenl Bonds
03/11/97 G,O. Capital Facility Bonds
03/17/97 G,O. Building Bonds
03/20/97 GO. School Building Bands
03/20/97 GO. Bonds
03/24/97 G.O. Permanent Imp. Revolving Fund Bonds
03/26/97 GO. Capital Improvement Bonds
03n.6/97 GO. Capital Imp. Special Assessment Bonds
03/3 1/97 G.O. Bonds
03/31/97 GO. Tax Anticipation Certificates ofIndebteclness
04/01/97 G,O. Tax Increment Bonds
04/01/91 GO. Bonds
04/07/97 G,O, Tax Increment Bonds
04/01/91 G,O. Improvement Bonds
04/07/97 GO. Tax Increment Bonds
04/07/97 GO, Refunding Bonds
04/08/91 GO, School Building Bonds
04/14/97 Ta:<able G.O. Tax Increment Bonds
04/14/91 Ta:<able GO Tax Increment Bonds
04/14/91 Ta:<able G,O. Tax Increment Bonds
04/15/97 GO. Improvement Bonds
04/15/97 GO. School Bui]ding Bonds
04/15/91 no. Watershed Districl Bonds
04/21/97 GO. Water Revenue Bonds
04/21/91 GO. Capital Improvement Bonds
04/23/97 GO. Water Revenue Bonds
04/24/91 G.O. Transit Bonds
04/24/97 GO. Refunding Bonds
04/24/97 GO. Park Bonds
04/24/91 G,O. Radian Bonds
04/28/97 GO. Capital Facilities Bonds
04/28/97 GO. Tax Increment Refunding Bonds
04/28/91 GO. Housing Revenue Bonds
04/28/91 Txbl GO. Tax Incremenl Bonds
05/01/91 Medical Facilities Gross Revenue Bonds
05/05/91 GO. Water & Sewer Revenue Bonds
05/06/97 GO, Refunding Bonds
05/06/91 GO. Improvement Refunding Bonds
05/06/91 Txbl G.O. Housing Improvement Area Bonds
05106191 Law Enforcement Facilities Revenue Bonds
05/06/91 GO, Building Bonds
05/07/91 GO. Sewer Revenue Bonds
05/07/97 GO. Improvemenl Bonds
05/08/91 Residential Housing Finance Bonds
05/12/97 G.o. Recreational Facility Revenue Bonds
05/12/97 GO. School Building Bonds
05/12/91 GO. Tax Increment Bonds
05/12191 GO. School Building Bonds
05/13191 Ice Arena Revenue Bonds
05/13191 Nursing Home Revenue Bonds
05/15191 GO, Tax Increment Bonds
05/15191 GO, Tax Increment Bonds
OS/20/97 GO, Temporary Improvement Bonds
OS/20/91 Certificates of Participation
05n.0/97 Housing Development Bonds
05n.7/91 GO. Capital Facilities Bonds
OS/21/97 GO. Capital Equipment Notes
OS/27/91 G,O. Improvement Bonds
OS/28/97 Revenue Bonds
06/02191 GO. School Building Bonds
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Maturity
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2,000,000 1998-2001
5,910,000 2003-2014
2,270,000 1998-2001
2,150,000 1998-2010
690,000 2000-2013
8,800,000 1999-2008
1,310,000 1998-2001
9,980,000 2002-2011
11,260,0002013-2021
1,235,000 1998-2011
555,000 2000-2014
11,500,000 1998-2007
2,450,000 1998-2009
1,230,000 1999-2018
515,0001998
1,505,000 2001-2012
6,965,000 1998-2011
5,090,000 1999-2013
1,800,000 1998-2011
1,000,000 2000-2009
11,025,000 2003-2012
3,015,000 2000-2018
970,000 2000-2019
2,550,000 2000-2019
965,000 2004-2006
3,120,000 1998-2002
7,900,000 2000-2018
1,390,000 1998-2018
2,140,000 1998-2013
9,215,000 1998-2017
895,000 1999-2011
14,500,000 1999-2008
9,280,000 1998-2000
5,300,000 1999-2003
3,000,000 1999-2008
995,000 1998-2011
9,575,000 ]999-2009
1,040,000 1999-2022
13,000,000 2018 1,875,0002000-2022
165,000 2004-2014
3,105,000 1998-2002
3,865,000 2001-2012
],100,000 1999-2018
5,215,000 1998-2012
3,140,000 1998-2017
260,000 1999-2008
95,000 1999
53,645,000 1998-2017
3,715,000 1999-2018
1,015,000 1999-2011
4,325,000 2003-2019
7,200,000 2000-2017
8,440,000 1000-2023
905,000 1998-2011
2,265,000 1999-2012
410,000 2000-2014
840,000 1999
555,000 1999-2020
445,000 1999-2020
1,030,000 2000-2001
255,000 1999-2002
2,465,000 1999-2013
24,440,000 1999-2018
5,885,000 1999-2018
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CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
DATE AUlwst 5, 1997
AGENDA SECTION
Approval of Claims
ORIGINATING DEPARTMENT
Finance ~~~
Jean D, McGann ~
lITEM NO. Schedule of Bills
REOUEST:
The Andover City Council is requested to approve total claims in the amount of $380,613.56.
BACKGROUND:
Claims totaling $ 122,414.79 on disbursement edit list #1 dated 07-29-97 have been issued and released,
Claims totaling $ 258,198.77 on disbursement edit list #2 dated 08-05-97 will be issued and released upon
Council approval.
Date: 08-05-97
Approved By:
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SENT BY:Xerox Telecopier 7021 ;12-:1-56
8:40
COUNTY ADMI~~755 8923
:#
<I
COUNTY
OF
ANOKA
Offi<< of the County Board of Commissioners
. GOVERNMENT CENTER
2100 3rd Avenue. Anoka, Minnesota 55303-2265
(612) 323-5680
July 31, 1997
"Dave MCCauley
County 50aflf of CommIssIOners
District .5
Ms. Vicki Vo/k
Clerk. City of Andover
1685 Crosstown Blvd.N.W. "
Andover, MN 55304
Re: Anoka County Human Services Budget Meeting.
Thursday, August 7, 1997, 7:00 p.m.
Room 300, Human Service Center, 120189th AvenueNE, Blaine
- "- - ----..-- - "--- --'-'-'--.- - -.----..-..
Dear Vicki:
The Anoka County Human Services Division manages several programs that have a direct impact
on your community. It is important that the Human Services Committee hears your input prior to
setting its 1998 Human Services bUdget. Therefore, you are invited to participate in a public
meeting being held on Thursday, August 7, 1997, at 7:00p.m. in Room "300 of the Human
Service Center, 1201 89th Avenue NE in Blaine."
The purpose of the public meeting is to give members of the community and the interests they
represent an Opportunity to offer suggestions during the AnokaCounty HurnanServices
Committee budgeting process. The areas of responsibility "encompassed by the 1998 Human
Services budget Include Community Corrections, SoCial Services and" Mental Health, the
Workforce Center, Community Health and Environmental Services, Income Maintenanee, the Job
Training Center ancl the Coroner. " .
I look forward 10 seeing you on August 7th.
Sincerely,
(f)~
DM:pd
" Dave McCauley
AnokaCounty Commissioner
FAX: 323-5682
Afflnnative Action I Equal Opportunity Employer TDDIT1Y: 323.5289
.~'"
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