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2023
2023 Resolutions Res. # Subject Date Recorded Number 001-23 Accept feasibility report/project 23-17 2023 full depth reclamation 01/03/23 002-23 Authorizing application for 2023 Community Development block grant funds/water connections 01/03/23 003-23 Authorizing application for 2023 Community Development block grant funds/water feasibility stud 01/03/23 004-23 Designate depositories of city funds/investment purposes only 01/03/23 005-23 Approve designating business administrator for electronic funds transfers 01/03/23 006-23 Order assessment roll/water main/project 23-21/2101/2103 140' Lane 01/17/23 007-23 Order improvement/project 21-39/Tuli St. & 161� Ave. reconstruction 01/17/23 008-23 Order improvement/project 23-17/full depth reclamation 01/17/23 009-23 Approve Conditional Use PermiU2184 Bunker Lake Blvd. 01/17/23 3/2/23 608380.0 02 010-23 Approve Conditional Use Permit/2270 Bunker Lake Blvd. 01/17/23 3/27/23 608872.0 01 011-23 Approve final plans andspecs/project 22-43 Lift Station #1 02/07/23 012-23 Order im rovemenU ro'ect22-40 Kelsey Round Lake Park 02/07/23 013-23 Order improvement/project 23-22 Sunshine Park north parking lot 02/07/23 014-23 Order im rovemenU ro'ect 23-23 Fire Station #2 parking lot 02/07/23 015-23 Approve chane order #1/ ro'ect 22-44/dehumidification unit/Community Center 02/07/23 016-23 Accept contribution/Recycling rant 02/07/23 017-23 Grant vacation of easement/drainage and utility easemenU3147 140t° Ave. 02/07/23 3/1/23 608344.0 Ol 018-23 Grant vacation of easement/drainage and utility easement/Fields of Winslow Cove 02/07/23 019-23 Approve finalplat/Fields of Winslow Cove 2nd Addition 02/07/23 020-23 Approve fmal plans andspecs/project 23-2/street reconstruction 02/21/23 021-23 Approve final plans andspecs/project 23-17/full depth reclamation 02/21/23 022-23 Accept feasibility report/projects 23-11A-23-1IL, 23-15 & 23-16/mill & overlay 02/21/23 023-23 Approve final plans andspecs/project 21-39/street reconstruction 02/21/23 024-23 Accept bids/project 22-43 lift station 03/21/23 025-23 Authorizing staff to execute all necessary documents to ensure participation/MN o ioids State memorandum of agreement 03/21/23 026-23 Order improvement/projects 23-11A-23-11L,23-15 & 23-16 03/21/23 027-23 Accept bidsro'ects 23-03,23-05 23-07 & 23-10 04/04/23 028-23 Approve CUP/13655 Round Lake Blvd. 03/21/23 3/31/23 2387945. 002 029-23 Approve lots lit/14034 Crosstown Blvd. 03/21/23 030-23 Approve final plans andspecs/projects 23-11A-23-11L, 23-15 &23-16 04/04/23 031-23 Accept bids/project 21-39 Tulip St. 04/04/23 032-23 Award bids/projects 23-02 23-08 & 23-17 04/04/23 033-23 Establish Municipal State Aid Streets/Old Constance Blvd. from Constance Blvd. to University Ave. 04/04/23 034-23 CUP/six additional antennas/AT&T/1685 Crosstown Blvd. 04/04/23 4/17/23 2388906. 004 035-23 Approve final plans andspecs/projects 23-22 & 23-23 04/18/23 036-23 A rove plans & s ecs/ ro'ect 22-40 Kelsey Round Lake Park 05/02/23 2023 Resolutions 037-23 Award bid/projects 23-11A-23-11L, 23-15 & 23-16 05/02/23 038-23 Approve variance/20-32-24-14-0006 05/02/23 5/19/23 2391016. 003 039-23 Declare lot split null and void/3415 163rd Lane 05/02/23 5/19/232 2391016. 005 040-23 Declare preliminary plat/Humnicks Grove null and void/17-32-24-13-0007 05/02/23 5/19/23 2391016. 004 041-23 Accept bids/rojects 23-22 & 23-23 05/16/23 042-23 Terminate driveway variance/15026 Crosstown Blvd. 05/16/23 5/19/23 609995.0 05 043-23 Accept bids/project 22-40 Kelsey Round Lake Park boardwalk replacement 06/06/23 044-23 Set annual income level/senior & disabled individuals for deferral assessments & sanitary sewer rates 06/06/23 045-23 Approve changer order #1/ ro'ect 23-17 full depth reclamation 06/06/23 046-23 Declare a dangerous do owner M a Smith/2849 142°d Lane 06/06/23 047-23 Approve CUP amendment/Phase 3/Legacy3/Legacy at Petersen Farms 06/06/23 048-23 Accept contribution/toward the Andover Fun Fest fireworks/Andover Football Association 06/06/23 049-23 Grant vacation of easement/175d' Ave. 06/20/23 050-23 Approve land transfer/175' Ave. and 17365 Navajo St. 06/20/23 051-23 Accept contribution/Andover Youth Hockey Association/Community Center 07/05/23 052-23 Reimbursement/2024 equipment urchases 07/18/23 053-23 Grant IUP/classroom structure/16045 Nightingale St. 07/31/23 054-23 Approve change order #2/ ro'ect 23-17/2023 full depth reclamation 08/15/23 055-23 Denying variances for 14358 Butternut St. 08/15/23 056-23 Grant IUP amendment/13655 Round Lake Blvd. 08/15/23 11/2/23 2402153. 003 057-23 Approve preliminary plat/Legacyat Petersen Farms 08/15/23 058-23 Adopt 2024 proposed property tax levy 09/05/23 059-23 Resolution updating certified bonded indebtedness for 2024 09/05/23 060-23 Accept contribution/fire prevention and safety grant 09/19/23 061-23 Approve changer order #1/21-39/16151 Ave. & Tulip St. reconstruction 09/19/23 062-23 Adopt City of Andover 2024-2028 Capital Improvement Plan 09/19/23 063-23 Declare cost/project 21-39 10/03/23 064-23 Declare costs/project 23-02 10/03/23 065-23 Declare costs/project 23-17 10/03/23 066-23 Declare costs/projects 23-11 A-L, 23-15 & 23-16 10/03/23 067-23 Order improvement/Projects 23-13 & 23-12A 10/03/23 068-23 Grant vacation of easement/3370 170's Lane 10/03/23 11/2/23 2402153. 001 069-23 1 Public hearin roiect 21-39 Tulip St. reconstruction 10/17/23 070-23 Declare cost/delin uent utilities 10/03/23 071-23 Public hearin / ro'ect 23-02 2023 street reconstruction 10/17/23 072-23 Public hearing/project 23-17 2023 full depth reclamation 10/17/23 2023 Resolutions 073-23 Public hearing/projects 23-11A-L, 23-15 and 23-16 10/17/23 074-23 Order amended assessment roll/water main/project 23-40 13320 Crooked Lake Blvd. 10/17/23 075-23 Adopt amended assessment roll/water main/project 23-40 13320 Crooked Lake Blvd. 10/17/23 076-23 Establish no parking/both sides/Round Lake Blvd. between 149' Lane to 157' Ave. 10/17/23 077-23 Accept contribution/Fire DepartrnentfVirgina Bennett 10/17/23 078-23 Grant vacation of easement/17063 Swallow St. 10/17/23 11/l/23 2402046. 002 079-23 Deny vacation of easement/17337 Roanoke St. 10/17/23 11/2/23 2402153. 004 080-23 Declare a dangerous do 13598 Partridge Circle/Kimberly Kietzmann 10/17/23 081-23 Adopt assessment roll/project 21-39 11/08/23 082-23 Adopt assessment roll/project 23-02 11/08/23 083-23 Adopt assessment roll/project 23-17 11/08/23 084-23 Adopt assessment roll/projects 23-11 A-L, 23-15 and 23-16 11/08/23 085-23 Adopt assessment roll/delinquent services 11/08/23 086-23 Authorizing the pursuit of highway safety improvement program funding/roundaboutproject/Crosstown Blvd. & Crosstown Dr. 11/21/23 087-23 Order feasibility re ort/24-02 2024 street reconstruction 11/21/23 088-23 Order feasibility re ort/24-11 2024 full depth reclamation 11/21/23 089-23 Order improvement project 24-14 Hills of Bunker Lake West Park parking lot 11/21/23 090-23 Order feasibility re ort/24-15 2024 mill & overlay Bunker Lake Village 11/21/23 091-23 Order feasibility re ort/24-16 2024 mill & overlay Bunker Lake Blvd. service road/Grouse St. 11/21/23 092-23 Order feasibility r ort/24-17 2024 mill & overlay Bunker Lake Blvd. service road/Rose St. & Heather St. 11/21/23 093-23 Order ro'ect/23-38 Red Oaks water contamination mitigation 11/21/23 094-23 Order im rovement/24-18 Public Works west parking lot reconstruction 11/21/23 095-23 Order im rovement/24-19 7' Ave. frontage road trail connection 11/21/23 096-23 Accept contribution/Fire Department/Chad & Lori Hinkel 11/21/23 097-23 Approve variance/2274 164h Ave. 11/21/23 12/26/23 2405445. 001 098-23 Grant interim use ermit/07-32-24-34-0003,07-32-24-33-0001 & 07-32-24-23-0002 11/21/23 099-23 Approve final pladle ac at Petersen Farms 11/21/23 100-23 Approve change order #1/Fire Station #2 parking lot 12/05/23 101-23 Request for green acres deferralspecial assessments/21-39 161n Ave. & Tulip St. 12/05/23 102-23 Approve request to defer the special assessment/23-17 23-32-24-34-0002 12/05/23 103-23 Grant vacation of easement/2393 135" Ave. 12/05/23 12/26/23 2405445. 002 104-23 Adopt city of Andover 2024 budget & 2024 property tax levy 12/05/23 105-23 Resolution updating certified bonded indebtedness for 2024 12/05/23 106-23 Approve cost of living wage adjustments/non bargaining employees/2024 12/05/23 107-23 Approve changer order #2/23-22 & 23-23 12/19/23 108-23 Accept feasibility report/project 24-2 12/19/23 109-23 Approve final platTields of Winslow Cove 3rd Addition 12/19/23 © CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R109-23 A RESOLUTION APPROVING THE FINAL PLAT OF "FIELDS OF WINSLOW COVE 3'd ADDITION" FOR THE PROPERTY LEGALLY DESCRIBED AS: Outlot C, Outlot D and Outlot G, FIELDS OF WINSLOW COVE SECOND ADDITION, according to the recorded plat thereof, Anoka County, Minnesota WHEREAS, the City Council has approved the preliminary plat for the project to be known as "Fields of Winslow Cove;" and, WHEREAS, the Developer has presented a final plat of "Fields of Winslow Cove 3rd Addition", which is a part of the Fields of Winslow Cove, and it is consistent with the approved preliminary plat. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby approve the final plat of "Fields of Winslow Cove 3`s Addition" contingent upon the following: 1. The plat shall conform to the final plat stamped received by the City of Andover on November 30,2023. 2. The existing blanket drainage and utility easement for the Fields of Winslow Cove 2' Addition Final Plat, Outlots C, D, and G, will need to be vacated prior to recording the Final Plat. 3. Separate Vehicle Maintenance Access easement agreements shall be provided over, under and across the appropriate locations which must be approved by the City Attorney and recorded with Anoka County with the final plat. 4. All other appropriate easements including but not limited to easements for the dedication of right- of-way shall be provided, reviewed, and approved by the City Attorney and recorded with Anoka County with the final plat. 5. Park dedication and trail fees shall be paid. 6. Declaration of Covenants, Restrictions and Easements shall be reviewed and approved by the City Attorney related to the planned unit development agreement. 7. An updated title commitment and the final plat must be approved by the City Attorney. 8. All outstanding comments and conditions from the preliminary plat shall be addressed to the satisfaction of the City Engineer prior to construction or release of the final plat for recording. 9. All outstanding comments and conditions from Review #2 of the final plat dated December 7, 2023, shall be addressed to the satisfaction of the City Engineer prior to release of the final plat. 10. Prior to the recording of the final plat, a development agreement acceptable to the City Attorney must be executed by the developer. Adopted by the City Council of the City of Andover this 19' day of December 2023. ATTEST: CITY OF ANDOVER i7 Mich lle Hartner, City Clerk Sheri B a, Mayor CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 108-23 MOTION by Council member Nelson to adopt the following: A RESOLUTION ACCEPTING FEASIBILITY REPORT AND CALLING PUBLIC HEARING ON IMPROVEMENT FOR PROJECT NO. 24-2, 2024 STREET RECONSTRUCTION. WHEREAS, pursuant to Resolution No. 087-23, adopted the 21st day of November, 2023 a Feasibility Report has been prepared by the City Engineer for the improvements: and WHEREAS, such report was received by the City Council on the 19th day of December, 2023; and WHEREAS such reports declared the proposed assessments to be feasible for an estimated total project cost of $2,175,800.00. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover that: 1. The City Council hereby accepts the Feasibility Report for Project No. 24-2 for the improvements. 2. The Council will consider the improvements in accordance with the reports and the assessment of abutting property for all or a portion of the improvement pursuant to Minnesota Statutes Chapter 429 at an estimated total cost of the improvement of $2,175,800.00. 3. A public hearing shall be held on such proposed improvement on the 16th day of January, 2024 in the Council Chambers of the City Hall at 7:00 PM and the Clerk shall give mailed and published notice of such hearing and improvement as required by law. MOTION seconded by Council member Engelhardt and adopted by the City Council at a regular meeting this 19th day of December, 2023, with Council members Nelson, Engelhardt, Butler, Barthel, Bukkila voting in favor of the resolution, and Council members none voting against, whereupon said resolution was declared passed. CITY OF AN ATTEST: Sheri '06helle Hartner — Deputy City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 107-23 MOTION by Council member Nelson to adopt the following: A RESOLUTION APPROVING COMPENSATING CHANGE ORDER #2 TO PROJECT NOS. 23-22, SUNSHINE PARK NORTH PARKING LOT RECONSTRUCTION & 23-23. FIRE STATION #2 PARKING LOT RECONSTRUCTION. WHEREAS, the City of Andover has a contract for Project Nos. 23-22 & 23- 23 with Douglas -Kerr Underground, LLC of Mora, MN. NOW THEREFORE, BE IT RESOLVED by the City Council of Andover to hereby approve Compensating Change Order #2 for Project Nos. 23-22 & 23-23. Adopted by the City Council of the City of Andover this 19"' day of December , 2023. CITY OF ANDOVER ATTEST: �'Midhelle Hartner— Deputy �CitC City k © CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R106-23 APPROVING COST -OF -LIVING WAGE ADJUSTMENTS FOR NON -BARGAINING EMPLOYEES FOR CALENDAR YEAR 2024 WHEREAS, cost -of -living wage adjustments for non -bargaining employees are in order to recognize annual inflationary increases in cost -of -living standards as measured by the Consumer Price Index (CPI), and regional economic and market -based indicators; and WHEREAS, the annual percentage adjustments of three (3) percent increase effective January 1, 2024 are within the expenditure guidelines established in the 2024 Budget; and NOW THEREFORE, BE IT RESOLVED that the City Council hereby approves cost - of -living wage adjustments of three (3) percent increase effective January 1, 2024, for all non -bargaining employees. ® Adopted by the City Council on December 19, 2023 Attest: Miclielle Hartner, Deputy City Clerk E J CITY OF ANDOVER CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA © RES. NO. R105-23 A RESOLUTION UPDATING CERTIFIED BONDED INDEBTEDNESS FOR 2024. WHEREAS, the preparation and adoption of budgets is recognized as sound financial practice; and WHEREAS, the City of Andover has the responsibility to appropriately and efficiently manage the public's funds; and WHEREAS, the City of Andover has determined that it is prudent to update certified bonded indebtedness levies for 2024; and WHEREAS, the Anoka County Property Records and Taxation Division is requiring a City Council resolution updating bonded indebtedness levies that would have been certified to Anoka County as part of prior year bond sales. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Andover hereby updates all or a portion of previously certified bonded indebtedness levies for 2024 as listed on Attachment A. Adopted by the City of Andover this 5' day of December 2023. CITY OF ANDOVER ® ATTEST: Sheri B - Ma r Michelle Hartner — Deputy City Clerk L41 STATE OF MINNESOTA) © COUNTY OF ANOKA CITY OF ANDOVER I, the undersigned, being the duly qualified and acting City Clerk of the City of Andover, Minnesota, do hereby certify that I have carefully compared the attached Resolution No. R105-23 adopting the City of Andover updates of all or a portion of previously certified bonded indebtedness levies for 2024 with the original record thereof preserved in my office, and have found the same to be true and correct transcript of the whole thereof. IN TESTIMONY WHEREOF, I have hereunto subscribed my hand this 51 day of December 2023. Miclielle Hartner — Deputy City Clerk N CITY OF ANDOVER 2024 Proposed Levy Certification Debt Changes GENERAL OBLIGATION DEBT 70 2012C GO Taxable Abatement Bonds 74 2018A GO Capital Improvement Plan Bonds 75 2019A GO Taxable Abatement Bonds 77a 2021A GO Street Reconstruction Bonds 77b 2021A GO Equipment Certificate 2024 GO Equipment Certificate Total County Levy City Levy Scheduled Scheduled Levy Changes Variance Explanation $ 973,650 $ 973,650 $ - Meet bona fide debt service requirements 612,794 612,794 - Meet bona fide debt service requirements 1,028,783 1,028,783 - Meet bona fide debt service requirements 651,658 651,658 - Meet bona fide debt service requirements 174,825 174,825 - Meet bona fide debt service requirements 450,000 (450,000) New Issuance $ 3,441,710 $ 3,891,710 $ (450,000) CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA © RES. NO. R104-23 A RESOLUTION ADOPTING THE CITY OF ANDOVER 2024 BUDGET AND 2024 PROPERTY TAX LEVY TO BE CERTIFIED TO THE COUNTY AUDITOR. WHEREAS, the preparation and adoption of budgets is recognized as sound financial practice; and WHEREAS, the City of Andover receives significant financial support from its residents through the payment of property taxes; and WHEREAS, the City of Andover has the responsibility to appropriately and efficiently manage the public's funds; and WHEREAS, Minnesota State Law requires the City to certify to the County Auditor an adopted tax levy and budget prior to December 28, 2023; and WHEREAS, Minnesota State Law requires the City to certify to the State of Minnesota Department of Revenue an adopted tax levy by December 28, 2023. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Andover hereby adopts the 2024 City of Andover Budget and the 2024 property tax levy totaling $18,097,274 as listed on Attachment A. BE IT FURTHER RESOLVED that the City Council of the City of Andover hereby establishes the 2024 City of Andover Budget by fund type as follows: REVENUES © General Fund Special Revenue Funds Debt Service Funds Capital Projects Funds Enterprise Funds Internal Service Funds Total EXPENDITURES $ 14,506,539 General Fund $ 14,975,613 2,769,968 Special Revenue Funds 2,953,603 4,737,010 Debt Service Funds 4,470,420 14,758,797 Capital Projects Funds 21,848,120 6,878,484 Enterprise Funds 8,315,168 1,889,225 Internal Service Funds 1,839,467 $ 45,540,023 Total $ 54,402,391 Adopted by the City of Andover this 5t' day of December 2023. CITY OF AINDOVER ATTEST: n rch le Hamner —Deputy City Clerk STATE OF MINNESOTA) © COUNTY OF ANOKA ) CITY OF ANDOVER I, the undersigned, being the duly qualified and acting City Clerk of the City of Andover, Minnesota, do hereby certify that I have carefully compared the attached Resolution No. R104-23 adopting the City of Andover 2024 Budget and 2024 Property Tax Levy with the original record thereof preserved in my office, and have found the same to be true and correct transcript of the whole thereof. IN TESTIMONY WHEREOF, I have hereunto subscribed my hand this 5 6 day of December 2023. Mich lle Hamner —Deputy City Clerk x CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R103-23 A RESOLUTION GRANTING THE VACATION OF A DRAINAGE AND UTILITY EASEMENT AT 2393 135TH AVE NW; PID# 34-32-24-33-0014, LEGALLY DESCRIBED AS FOLLOWS AND SHOWN ON EXHIBIT A: PROPERTY DESCRIPTION: Lot 1, Block 2, HIDDEN CREEK EAST, Anoka County, Minnesota. DESCRIPTION OF EASEMENT TO BE VACATED: That part of the south 25.00 feet of the north 30.00 feet of the drainage and utility easement within Lot 1, Block 2, HIDDEN CREEK EAST, Anoka County, Minnesota, as dedicated on the recorded plat of thereof, which lies east of the west 10.00 feet thereof and west of a line described as follows: Commencing at the northwest corner of said Lot 1; thence on an assumed bearing of South 88 degrees 38 minutes 49 seconds East, along the north line of said Lot 1, a distance of 56.16 feet to the point of beginning of the line to be described; thence South 74 degrees 33 minutes © 33 seconds East a distance of 36.97 feet: thence South 60 degrees 43 minutes 03 seconds East a distance of 19,76 feet; thence South 47 degrees 41 minutes 49 seconds East a distance of 17.92 feet to the south line of said north 30.00 feet and said line there terminating. WHEREAS, the property owner has requested to vacate the described drainage and utility easement; and WHEREAS, a public hearing was held pursuant to the requirements of Minnesota State Statute and City Code 8-6-1; and WHEREAS, the City Council finds the request would not have a detrimental effect upon the health, safety, moral, and general welfare of the City of Andover. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby grants the vacation of drainage and utility easement subject to the following: 1. The vacation of easement shall be recorded with Anoka County as shown on "Exhibit A". 2. All encroachments shall be removed from the drainage and utility easement and Outlot C, Andover Commercial Park. 3. Pursuant to City Code 8-6-1-D, if the City Council determines that no significant progress has been made in the first twelve months after approval of the ® application, the approval will be null and void. C r�1 LJ Adopted by the City Council of the City of Andover on this 51h day of December 2023. ATTEST MichMich l�er, Deputy City Clerk CITY OF DO :• n CERTIFICATE OF SURVEY -for- JASON PEACHEY -of- 2393 135TH AVENUE NW ANDOVER, MN 55304 PROPERTY DESCRIPTION Lot 1, Block 2, HIDDEN CREEK FAST, Me" County, Minnesota NOTES Held survey was completed by E.G. Red and Sons, Inc. an 8/15/2023. Hearings shown are on And" County datum. Parcel TO Number: 34-32-24-33-0030. Total parcel area -19,767 5g. R. ThIs zVNey was prepared wl[bOu[tM1l benefl[Of tl[le work. Additional cb�nwdwns' reawamns and/or encumbrances may eAst other than Nose shown hereon. Survey subject to mulslon upon receipt of a current DUe commRment or an attomey'stitle opinion. DESCRIPTION OF EASEMENT TO BE VACATED m part of the south 2 HMI feet oTDE north RE K EAST, , Amara of Odrainage and utiliota, a ment within Lot 1, Black 2, HIDDEN CREEK EAST, aoft County, D.00 Test b, as thereof fa on Me recordm plat of Hereof, follows: Iles ea5[ of Me Overt 1D.Oa fret Nereoland west of a line desulhed as roMwz: Ummentlng at Me northwest comer of sold Lot 1; thence on an axumM bearing Of South 88 degrees 38 minutes 49 seonds East, along the north [Inc of Sald Lot 1, a distance of 55.16 feet to Me polnt of beginning of Me IIns to be davlbetl) thence South M degrees 33 minutes 33 seconds East a distance 0136:111 thence South 60 degrees 43 minutes 03 seconds EaR a tllsmnre of 19.16 fee[p [Fence South 47 dtyrees 41 minutes 49 seconds East a tllztans of 17.92 feet to Me south line of sold no" 30.00 fret and sold line there [emtlroCing. rr ,� DENOTES EASEMENT TU VACATED K'Lc1�`t (AREA m 2,3785F) I LEGEND • DENMONUMENT FOUND AS LABFfEO ® DENOTES SET SPIKE ME DENOTES AIR CONDMONING UNIT m DENOTES ELECTRICAL METER ® DENOTES GAS METER ❑ DENOTES CATCH BASIN 0 DENOTES CASTLE PEDESTAL I DENOTES FIBER OFTIC VAULT 0 DENOTES TELEPHONE PEDESTAL ® DENOTES SANITARY SEWER MANHOLE —�—r— DENOTES FENCE DENOTES RETAINING WAt1 DENOTES BITUMINOUS SURFACE DENOTES CONCRETE SURFACE Ee G. in a SONS, INC. Rf19" Professional Land Surveyors WWW.egrlla.dam 6776 Lake Drive NE Suite 110 Lino Lakes, MN 55614 Tel.(651)361.8200 Fax(651)361-8701 NORTH 1m I hereby certify Mat MB survey, plan .1 direct zoo Mtlon one that I am e r dory Reglscered tend surveyor under Me laws Of the SNte of Minnesota. J/SJ!MD Data 10/10/2023 Ucense ND. 41578 8 /98774AVEj� IL'W GRAPHIC SCALE I INCH = 20 F= CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 102-23 MOTION by Council member Nelson to adopt the following: A RESOLUTION APPROVING REQUEST TO DEFER THE SPECIAL ASSESSMENT DUE TO ANNUAL INCOME FOR A RETIRED DISABLED INDIVIDUAL TO PROJECT NO. 23-17, 2023 FULL DEPTH RECLAMATION. WHEREAS, the City of Andover has a completed street improvements under City Project No. 23-17 in the summer of 2023, and WHEREAS, said improvement project incorporated special assessments to benefitting properties fronting said improvements, and WHEREAS, the owner of property PID # 23-32-24-34-0002 has submitted an application to defer their special assessments per annual income level for a disabled individual, and WHEREAS, The City Clerk has reviewed the annual income level and has determined that the individual meets the requirements set for by Resolution R044- 23, and WHEREAS, when said parcel is sold of changes ownership the deferred assessment will be required to be paid in full at that time, and NOW THEREFORE, BE IT RESOLVED by the City Council of Andover to hereby approve the request for deferral of special assessments for City Project 23- 17 as per requirements of Resolution No. R044-23 for PID # 23-32-24-34-0002. Adopted by the City Council of the City of Andover this 5ch day of December .2023. CITY OF ANDOVER ATTEST: Sheri kila - 1Ac"elle �, MHamner— Deputy City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 101-23 MOTION by Council member Nelson to adopt the following: A RESOLUTION APPROVING REQUEST FOR GREEN ACRES DEFERRAL OF SPECIAL ASSESSMENTS TO PROJECT NO. 21-39, 161ST AVENUE NW & TULIP STREET NW RECONSTRUCTION. WHEREAS, the City of Andover has a completed street improvements under City Project 21-39 in the summer of 2023, and WHEREAS, said improvement project incorporated special assessments to benefitting properties fronting said improvements, and WHEREAS, the owners of properties PID # 17-32-24-34-0001 and PID # 17-32-24-34-0006 have submitted a request to defer their special assessments per the Green Acres agricultural property exclusion as identified in the City's Assessment Manual, and WHEREAS, said special assessments of $8,365.50 for each parcel, for a combined total of $16,731.00, are to be deferred interest free for a period of 15 years starting on the date of this resolution, and WHEREAS, should either of said parcels subdivide for improvements constructed thereon within that 15 year period of time, said assessment amounts shall be due and payable annually over a five (5) year period with interest thereon at the maximum rate allowable by Minnesota law in effect at that time, and NOW THEREFORE, BE IT RESOLVED by the City Council of Andover to hereby approve the request for deferral of special assessments for City Project 21- 39 under the Green Acres agricultural exemption for PID # 17-32-24-34-0001 and PID # 17-32-24-34-0006. Adopted by the City Council of the City of Andover this 5th day of December , 2023. CITY OF ANDOVER ATTEST: Mich@Ile Hartner— Deputy City Clerk He H CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 100-23 MOTION by Council member Nelson to adopt the following: A RESOLUTION APPROVING CHANGE ORDER #1 TO PROJECT NO. 23-23, FIRE STATION #2 PARKING LOT RECONSTRUCTION. WHEREAS, the City of Andover has a contract for Project No. 23-23, Fire Station #2 Parking Lot Reconstruction with Douglas -Kerr Underground, LLC of Mora. MN. NOW THEREFORE, BE IT RESOLVED by the City Council of Andover to hereby approve the change order #1 to Project No. 23-23. Adopted by the City Council of the City of Andover this 5ch day of December .2023. CITY OF ANDOVER ATTEST: Sheri B)a <kila - Moor I G�it`fV1�--� Mic elle Hartner — Deputy City Clerk © CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R099-23 A RESOLUTION APPROVING THE FINAL PLAT OF "LEGACY AT PETERSEN FARMS" FOR THE PROPERTY LEGALLY DESCRIBED AS: Parcel 1: That part of the Northwest Quarter of the Southwest Quarter of Section 7, Township 32, Range 24, Anoka County, Minnesota, described as follows: Commencing at the southeast corner of the Northeast Quarter of said Southwest Quarter; thence on an assumed bearing of South 89 degrees 52 minutes 15 seconds West, along the south line of said Northeast Quarter of the Southwest Quarter, a distance of 1338.37 to the southeast corner of said Northwest Quarter of the Southwest Quarter and the Point of Beginning of the property to be described; thence continue South 89 degrees 52 minutes 15 seconds West, along the south line of said Northwest Quarter of the Southwest Quarter, a distance of 848.55 feet to a point on the south line of said Northwest Quarter of the Southwest Quarter distant 2186.92 west of said southeast corner of the Northeast Quarter of the Southwest Quarter as measured along said south line; thence North 00 degrees 00 minutes 00 seconds East a distance of 25.38 feet; thence North 45 degrees 52 minutes 15 seconds East a distance of 269.76 feet; thence northwesterly 214.39 feet along a non - tangential curve, concave to the northeast, said curve having a radius of 525.00 feet, a central angle of 23 degrees 23 minutes 52 seconds and a chord bearing of North 42 degrees 30 minutes 52 seconds West; thence northwesterly a distance 165.20 feet along a tangential reverse curve, concave to the southwest, said curve having a radius of 475.00 feet and a central angle of 19 degrees 55 minutes 38 seconds; thence North 50 degrees 44 minutes 33 seconds West a distance of ® 26.14 feet, thence North 39 degrees 15 minutes 27 seconds East a distance of 248.22 feet; thence North 00 degrees 01 minutes 06 seconds East a distance of 122.06 feet; thence South 69 degrees 02 minutes 17 seconds East a distance of 510.67 feet; thence South 63 degrees 12 minutes 57 seconds East a distance of 142.33 feet; thence South 85 degrees 09 minutes 46 seconds East a distance 140.80 feet; thence North 16 degrees 40 minutes 14 seconds West a distance of 422.30 feet; thence North 21 degrees 25 minutes 41 seconds East a distance of 367.49 feet to the northeast corner of said Northwest Quarter of the Southwest Quarter; thence South 00 degrees 31 minutes 19 seconds East, along the east line of said Northwest Quarter of the Southwest Quarter, a distance of 1311.49 feet to the Point of Beginning. AND The Northeast Quarter of the Southwest Quarter of Section 7, Township 32, Range 24. Except MEADOWS AT PETERSEN FARMS, Anoka County, Minnesota, according to the recorded plat thereof. AND That part of the South Half of the Southwest Quarter of Section 7, Township 32, Range 24 described as follows: Commencing at the northeast corner of said South Half of the Southwest Quarter; thence on an assumed bearing of South 89 degrees 52 minutes 15 seconds West, along the north line of said South Half of the Southwest Quarter, a distance of 975.88 feet; thence South 04 degrees 29 minutes 59 seconds West a distance of 231.03 feet; thence South 85 degrees 30 minutes 01 seconds East a distance of 240.00 feet; thence South 04 degrees 29 minutes 59 seconds West a distance of 778.17 feet; thence South 89 degrees 46 minutes 20 seconds West a distance of 59.68 feet; thence South 00 degrees 14 minutes 21 seconds East a distance of 285.28 feet to the south line of said South Half of the Southwest Quarter; thence South 89 degrees 46 minutes 20 seconds West a distance of 776.74 feet to the Point of Beginning of the property to be described; thence North 16 degrees 11 minutes 24 seconds East a distance of 423.21 feet; thence North 53 degrees 08 minutes 38 seconds East a distance of 209.65 feet; thence South 52 degrees 46 minutes 42 seconds East, a distance of © 180.16 feet; thence northeasterly 264.84 feet along a non -tangential curve, concave to the northwest, said curve having a radius of 429.00 feet, a central angle of 35 degrees 22 minutes 18 seconds and a chord bearing of North 65 degrees 21 minutes 45 seconds East; thence North 42 degrees 54 minutes 56 seconds West, not tangent to last described curve a © distance of 396.30 feet; thence North 86 degrees 38 minutes 14 seconds West 443.22 feet; thence southerly 204.16 feet along a non -tangential curve, concave to the east, said curve having a radius of 335.00 feet and a central angle of 34 degrees 55 minutes 04 seconds and a chord bearing of South 03 degrees 49 minutes 01 seconds East; thence South 68 degrees 43 minutes 27 seconds West, not tangent to the last described curve, 50.00 feet; thence South 65 degrees 00 minutes 04 seconds West a distance of 50.78 feet; thence southwesterly a distance 197.59 feet along a tangential curve, concave to the northwest, said curve having a radius of 429.00 feet and a central angle of 26 degrees 23 minutes 23 seconds; thence southwesterly a distance 202.05 feet along a tangential reverse curve, concave to the southwest, said curve having a radius of 665.00 feet and a central angle of 17 degrees 24 minutes 30 seconds; thence North 16 degrees 01 minutes 03 seconds West, not tangent to last described curve, a distance of 69.38 feet; thence North 00 degrees 00 minutes 00 seconds East a distance of 701.87 feet to a point on the North line of said South -Half of the Southwest Quarter, said point being 2186.92 feet west of said northeast corner of the South Half of the Southwest Quarter as measured along said North line of the South Half of the Southwest Quarter; thence North 89 degrees 52 minutes 15 seconds East along said north line of said South Half of the Southwest Quarter a distance of 2186.92 feet to the north east corner of said South Half of the Southwest Quarter; thence South 00 degrees 37 minutes 23 seconds East a distance of 1309.18 feet to the southeast corner of said South Half of the Southwest Quarter; thence South 89 degrees 46 minutes 20 seconds West a distance of 1665.26 feet to the Point of Beginning. Except that part of said South Half of the Southwest Quarter described as follows: Commencing at the northeast corner of said South Half of the Southwest Quarter; thence on an assumed bearing of South 89 degrees 52 minutes 15 seconds West, along the north line of said Southeast Quarter of the Southwest Quarter, a distance of 975.88 feet; thence South 04 degrees 29 minutes 59 seconds West a distance of 231.03 feet; thence South 85 degrees 30 minutes 01 seconds East a distance of 240.00 feet; thence South 04 degrees 29 minutes 59 seconds West a distance of 778.17 feet to the Point of Beginning of the property to be described; thence South 89 degrees 46 minutes 20 seconds West a distance of 59.68 feet; thence South 00 degrees 14 minutes 21 seconds East a distance of 225.28 feet to the northerly right of way line of ANOKA COUNTY HIGHWAY RIGHT OF WAY PLAT NO.4; thence North 89 degrees 46 minutes 20 seconds East along said right of way line, a distance of 17.47 feet; thence easterly along said right of way line © and also along a tangential curve, concave to the south, said curve having a radius of 1152.20 feet and a central angle of 12 degrees 25 minutes 43 seconds, for a distance of 249.94 feet; thence North 89 degrees 46 minutes 20 seconds East, not tangent to said curve and along said right of way line, a distance of 252.89 feet; thence North 00 degrees 16 minutes 59 seconds West a distance of 127.20 feet; thence North 56 degrees 58 minutes 11 seconds West a distance of 228.08 feet to a line that bears North 89 degrees 46 minutes 20 seconds East from the Point of Beginning; thence South 89 degrees 46 minutes 20 seconds West a distance of 267.85 feet to the Point of Beginning. Also except MEADOWS AT PETERSEN FARMS, Anoka County, Minnesota, according to the recorded plat thereof. Also Except Parcel 8, ANOKA COUNTY HIGHWAY RIGHT OF WAY PLAT NO.4, Anoka County, Minnesota, according to the recorded plat thereof. Also Except that part of the South Half of the Southwest Quarter of Section 7, Township 32, Range 24 described as follows: Commencing at the northeast corner of said South Half of the Southwest Quarter; thence on an assumed bearing of South 89 degrees 52 minutes 15 seconds West, along the north line of said South Half of the Southwest Quarter, a distance of 975.88 feet; thence South 04 degrees 29 minutes 59 seconds West a distance of 231.03 feet; thence South 85 degrees 30 minutes 01 seconds East a distance of 240.00 feet; thence South 04 degrees 29 minutes 59 seconds West a distance of 778.17 feet to the Point of Beginning of the property to be described; thence South 89 degrees 46 minutes 20 seconds West a distance of 59.68 feet; thence South 00 degrees 14 minutes 21 seconds East a distance of 285.28 feet to the south line of said South Half of the Southwest Quarter; thence South 89 degrees 46 minutes 20 seconds West a distance of 776.74 feet; thence North 16 degrees 11 minutes 24 seconds East a distance of 423.21 feet; thence North 53 degrees 08 minutes 38 seconds East a distance of 209.65 feet; thence South 52 degrees 46 minutes 42 seconds East, a distance of 180.16 feet; thence northeasterly 264.84 feet along a non -tangential curve, concave to the northwest, said curve having a radius of 429.00 feet, a central angle of 35 degrees 22 minutes 18 seconds and a chord bearing of North 65 degrees 21 minutes 45 seconds East; thence North 47 degrees 40 minutes 36 seconds East, tangent to said curve, a distance of 249.58 feet, ® thence northeasterly a distance 83.16 feet along a tangential curve, concave to the northwest, said curve having a radius of 725.00 feet and a central angle of 06 degrees 34 minutes 20 seconds; thence North 41 degrees 06 minutes 16 seconds East, tangent to said curve, a distance of 18.94 feet; thence South 48 degrees 53 minutes 44 seconds East a distance of © 50.00 feet, thence South 41 degrees 06 minutes 16 seconds West a distance of 18.94 feet; thence southwesterly a distance of 88.90 feet along a tangential curve, concave to the northwest, said curve having a radius of 775.00 feet and a central angle of 06 degrees 34 minutes 20 seconds; thence South 47 degrees 40 minutes 36 seconds West, tangent to said curve, a distance of 169.82 feet; thence South 45 degrees 30 minutes 31 seconds East a distance of 258.42 feet; thence South 31 degrees 08 minutes 59 seconds West a distance of 91.90 feet to a line that bears North 89 degrees 46 minutes 20 seconds East from the Point of Beginning; thence South 89 degrees 46 minutes 20 seconds West a distance of 60.36 feet to the Point of Beginning. Except Parcel 8, ANOKA COUNTY HIGHWAY RIGHT OF WAY PLAT NO.4, Anoka County, Minnesota, according to the recorded plat thereof. Parcel 2: That part of the South Half of the Southwest Quarter of Section 7, Township 32, Range 24, Anoka County, Minnesota described as follows: Commencing at the northeast corner of said South Half of the Southwest Quarter; thence on an assumed bearing of South 89 degrees 52 minutes 15 seconds West, along the north line of said South Half of the Southwest Quarter, a distance of 975.88 feet; thence South 04 degrees 29 minutes 59 seconds West a distance of 231.03 feet; thence South 85 degrees 30 minutes 01 seconds East a distance of 240.00 feet; thence South 04 degrees 29 minutes 59 seconds West a distance of 778.17 feet to the Point of Beginning of the property to be described; thence South 89 degrees 46 minutes 20 seconds West a distance of 59.68 feet; thence South 00 degrees 14 minutes 21 seconds East a distance of 285.28 feet to the south line of said South Half of the Southwest Quarter; thence South 89 degrees 46 minutes 20 seconds West a distance of 776.74 feet; thence North 16 degrees 11 minutes 24 seconds East a distance of 423.21 feet; thence North 53 degrees 08 minutes 38 seconds East a distance of 209.65 feet; thence South 52 degrees 46 minutes 42 seconds East, a distance of 180.16 feet; thence northeasterly 264.84 feet along a non -tangential curve, concave to the northwest, said curve having a radius of 429.00 feet, a central angle of 35 degrees 22 minutes 18 seconds and a chord bearing of North 65 degrees 21 minutes 45 seconds East; thence North 47 degrees 40 minutes 36 seconds East, tangent to said curve, a distance of 249.58 feet, thence northeasterly a distance 83.16 feet along a tangential curve, concave to the northwest, said curve having a radius of 725.00 feet and a central angle of 06 degrees 34 minutes 20 seconds; thence North 41 degrees 06 minutes 16 seconds East, tangent to said curve, a distance of 18.94 feet; thence South 48 degrees 53 minutes 44 seconds East a distance of 50.00 feet, thence South 41 degrees 06 minutes 16 seconds West a distance of 18.94 feet; thence southwesterly a distance of 88.90 feet along a tangential curve, concave to the northwest, said curve having a radius of 775.00 feet and a central angle of 06 degrees 34 minutes 20 seconds; thence South 47 degrees 40 minutes 36 seconds West, tangent to said curve, a distance of 169.82 feet; thence South 45 degrees 30 minutes 31 seconds East a distance of 258.42 feet; thence South 31 degrees 08 minutes 59 seconds West a distance of 91.90 feet to a line that bears North 89 degrees 46 minutes 20 seconds East from the Point of Beginning; thence South 89 degrees 46 minutes 20 seconds West a distance of 60.36 feet to the Point of Beginning. Except Parcel 8, ANOKA COUNTY HIGHWAY RIGHT OF WAY PLAT NO, 4, Anoka County, Minnesota, according to the recorded plat thereof. WHEREAS, the City Council has approved the preliminary plat for the project to be known as "Legacy at Petersen Farms"; and, WHEREAS, the Developer has presented a final plat of "Legacy at Petersen Farms", and it is relatively consistent with the approved preliminary plat. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby approve the final plat of "Legacy at Petersen Farms" contingent upon the following: © 1. The plat shall conform to the final plat stamped received by the City of Andover on January 12, 2023. © 2. Separate Vehicle Maintenance Access easement agreements shall be provided over, under and across the appropriate locations which must be approved by the City Attorney and recorded with Anoka County with the final plat. 3. All other appropriate easements including but not limited to easements for the dedication of right- of-way shall be provided, reviewed and approved by the City Attorney and recorded with Anoka County with the final plat. 4. Park dedication and trail fees shall be paid. 5. Declaration of Covenants, Restrictions and Easements shall be reviewed and approved by the City Attorney related to the planned unit development agreement. 6. Restriction for fixture development shall be recorded against outlot A, as approved by the City Attorney. 7. An updated title commitment and the final plat must be approved by the City Attorney. 8. All outstanding comments and conditions from the preliminary plat shall be addressed to the satisfaction of the City Engineer prior to construction or release of the final plat for recording. 9. Any deviations from the preliminary plat may have to be deeded to outside party, if it does not correlate with proposed 2na phase of Legacy at Petersen Farms or remain consistent with currently approved preliminary plat. 10. Prior to the recording of the final plat, a development agreement acceptable to the City Attorney must be executed by the developer. Adopted by the City Council of the City of Andover this 2151 day of November 2023. ATTEST: CITY OF ANDOVER ® ich lle Harmer, City Clerk Sheri BiWila, Mayo ' --- C O CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R098-23 A RESOLUTION GRANTING AN INTERIM USE PERMIT FOR MINING AND LAND RECLAMATION AT PID# 07-32-24-34-0003; 07-32-24-33-0001 and 07-32-24-23-0002, LEGALLY DESCRIBED AS: PID# 07-32-24-34-0003: THE SE1/4 OF SW 1/4 OF SEC 7 TWP 32 RGE 24, EX THAT PRT DESC AS FOL: BEG AT NE COR OF SD 1/4 1/4, TH S 89 DEG 52 MIN 15 SEC W, ASSD BRG, ALG N LINE 975.88 FT, TH S 04 DEG 29 MIN 59 SEC W 231.03 FT, TH S 85 DEG 30 MIN 01 SEC E 240 FT, TH S 04 DEG 29 MIN 59 SEC W 778.17 FT, TH S 89 DEG 46 MIN 20 SEC W 113.41 FT, TH S 00 DEG 13 MIN 40 SEC E 225.28 FT TO NLY R/W LINE OF ANOKA CO HWY R/W PLAT NO 4, TH N 89 DEG 46 MIN 20 SEC E ALG SD NLY R/W LINE 71.24 FT, TH ELY ALG SD NLY R/W LINE & ALSO ALG TAN CUR CONC TO S RAD OF 1152.20 FT & CEN ANG OF 12 DEG 25 MIN 43 SEC 249.94 FT, TH N 89 DEG 46 MIN 20 SEC E NOT TAN TO SD CUR & ALG SD NLY R/W LINE 622.87 FT TO INTER/W E LINE OF SD 1/4 1/4, TH N 00 DEG 37 MIN 23 SEC W ALG SD E LINE 1276.18 FT TO POB, EX RD, SUBJ TO EASE OF REC © PID# 07-32-24-33-0001: THE SWIA OF SWIA OF SEC 07 TWP 32 RGE 24, EX RD, SUBJ TO EASE OF REC PID#07-32-24-23-0002: SW 1 /4 OF THE NW 1/4 OF SEC 7 T32 R24 TOG/W THAT PRT OF THE NW I /4 OF THE NW I/4 SD SEC DESC AS FOL: COM AT THE INTER OF THE NLY EXTN OF THE WLY LINE OF THE PLAT OF GROW OAK VIEW ESTATES & THE N LINE OF S D 1/4,1/4, TH S 0 DEG 26 MIN E ALG SD WLY LINE & EXTN 1287 FT TO THE POB, TH W PRLL/W SD N LINE 338.46 FT, TH S 0 DEG 26 MIN E TO THE S LINE OF SD 1/4, 1/4, TH ELY ALG SD S LINE TO THE WLY LINE OF SD P LAT, TH NLY ALG SD WLY LINE TO THE POB; EX RD; SUBJ TO EASE OF REC WHEREAS, the applicant, requested an interim use permit for the mining and land reclamation of up to 50,000 cubic yards of soil and 10,000 cubic yards of soil; and, WHEREAS, the Planning and Zoning Commission held a public hearing on November 14, 2023; and, WHEREAS, the Planning and Zoning Commission finds the request would not have a detrimental effect upon the health, safety, and general welfare of the City of Andover; and WHEREAS, the Planning and Zoning Commission recommends to the City Council approval of the interim use permit. © NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby approves the interim use permit to allow for the mining and land reclamation of two stockpiles © one up to 50,000 cubic yards of soil and the other up to 10,000 cubic yards of soil on property with the following conditions: 1. Soil shall not be placed within wetland, floodplain or right-of-way areas without first obtaining any required approvals and completing any required mitigation. 2. The stockpile shall only be comprised of excess material from the Legacy at Petersen Farms plat boundary and areas encompassed within the Preserve/Meadows/Legacy at Petersen Farms Planned Unit Development area. 3. Silt fencing and any other erosion control measures as deemed necessary by the City Engineer shall be installed and maintained around the exterior of the stockpile. 4. All material shall be utilized in compliance with the City requirements. 5. Hours of operation shall be restricted to the normal construction hours as regulated by City Code 5-6-3. 6. Slopes shall not exceed 3 to 1 on unmaintained areas, and not exceed 4 to 1 on maintained areas. 7. The applicant will be required to seed and hydro mulch the stockpile/land reclamation area and ensure proper vegetation to the satisfaction of the City Engineer within seven days of inactivity. 8. No grading/stockpiles shall occur within 50 feet of adjacent property lines or right-of- way unless approved by the City Engineer. 9. No stockpile shall occur within the Sight Triangle of the future alignment of 170ch Avenue NW and County Road 7. © 10. The applicant shall be responsible for the cleaning of material (soil, sand, etc.) from the public roadways as needed (may require multiple times a day) a minimum of daily. 11. All appropriate permits shall be obtained, including but not limited to obtaining an approved grading plan from the City Engineering Department. 12. Any future mining or land reclamation with fill in excess of 400 cubic yards shall require a new IUP. 13. Applicant shall not place stockpiles on possible septic locations. 14. Permit shall expire once 90% of the lots within the Yd Phase are constructed, or by September 1, 2026, whichever is sooner. 15. Upon expiration, excess material in stockpiles shall be disposed of off -site and not be hauled along streets within the plat. If material is to be moved within the City another permit may be required. Adopted by the City Council of the City of Andover on this 21" day of November 2023. CITY OF ANDOVER ATTEST: © is �elleHer, Deputy City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R097-23 A RESOLUTION APPROVING A VARIANCE FOR THE PROPERTY LOCATED AT 2274 164TH AVENUE NW; PID# 15-32-24-22-0015 LEGALLY DESCRIBED AS FOLLOWS: THE NW '/ OF NW '/ OF SEC 15 TWP 32 RGE 24, EX S 16.5 FT THEREOF, ALSO EX PRT PLATTED AS KIMBERLY OAKS, EX RD, SUBJ TO EASE OF REC WHEREAS, Shawn and Stephanie Mars are the owners of a parcel of land located at 2274 164th Avenue NW, Andover, Minnesota with Parcel ID Number 15-32-24-22-0015; and, WHEREAS, Shawn and Stephanie Mars have applied to the City for a variance to the access drive width requirement; and, WHEREAS, the proposal would vary from City Code 12-4-2: Lot Provisions in that it would decrease the access drive width from 20 feet to 12 feet, and provide a n upland passing area section that is 20-feet-wide, as shown on Exhibit C; and, WHEREAS, the Andover Review Committee has reviewed the variance request; and, WHEREAS, pursuant to published and mailed notice thereof, the Planning and Zoning Commission held a public hearing on November 14, 2023; WHEREAS, the Planning and Zoning Commission recommends to the City Council approval of the variance request; and, WHEREAS, the City Council completed a review of the variance request along with the recommendation of the Planning and Zoning Commission; and, WHEREAS, the City Council agrees with the recommendation of the Planning and Zoning Commission and approves the variance request to reduce the access drive width from 20 feet to 12 feet, and provide a 20-foot-wide upland passing area, as shown on Exhibit C; and, WHEREAS, based on the criteria for granting a variance under City Code 12-15-9, the City Council finds the following findings of fact to support the approval of the variance request: 1. The property owner proposes to use the property in a reasonable manner not permitted © by an official control. The applicant seeks to use the property for a single-family residential use which is consistent with the way the property is currently guided. A 20 foot -wide access drive would be required for principal structures located 300 feet or more from the roadway. However, the construction of that 20 foot -wide access drive would have more wetland impacts than a standard 12 foot access drive. The property owner has proposed an upland passing area in a section that is not wetland and accommodates the wider access drive width. 2. The plight of the landowner is due to circumstances unique to their property not created by the landowner. The front 350 plus feet of the property has wetland separating the area for the home from the street, making it unique from other properties, in that a long driveway through the wetland area would be required to access the upland area of the parcel. 3. The variance, if granted, will not alter the essential character of the locality. The surrounding properties are single-family residential uses, consistent with the proposed use of the subject property. The City Code would currently allow an access drive of 20 feet wide or more to be built to reach the proposed home. The proposed variance would decrease the amount of wetland that would be impacted by constructing the narrower access drive. 4. Economic considerations alone do not constitute practical difficulties. The practical difficulties are due to the wetlands across the front of the property that require the long access drive, as well as the wetland regulatory agency requirements that the landowner minimize impacts on those wetlands. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby approves the variance request with the following conditions: 1. All necessary permits shall be obtained from any agency having an interest in improvements constructed on the property. 2. The applicant shall provide a 20-foot-wide section of access drive on both the "upland passing area" and on the upland area near the house. 3. The applicant shall provide the city with drainage and utility easements of 10-feet along all property lines and over areas below the 100-year high-water level. 4. Park / Trail dedication fees may be required at the time of the Building Permit. 5. Applicant will still need to provide lot buildability information at the time of building permit, including geotechnical report, soil boring, septic, and similar information. 6. Access drive/driveway shall be consistent with Exhibit C, including wider `Upland © Passing Area' portion of the access drive. ® 7. Pursuant to City Code 12-15-9-E-6, if the City Council determines that no significant progress has been made within the first twelve (12) months after the approval of the variance, the variance will be null and void. Adopted by the City Council of the City of Andover this 5`" day of December 2023. CITY OF ANDOVER tw"Ij 0441v\- Michelle Harmer, City Clerk H E © CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R096-23 MOTION by Councilmember Nelson to adopt the following: A RESOLUTION ACCEPTING A CONTRIBUTION MADE TO THE CITY OF ANDOVER TO BE USED TOWARDS THE FIRE DEPARTMENT'S FIRE PREVENTION AND SAFETY TRAINING OF CHILDREN. WHEREAS, any contributions that are to be made to the City of Andover must be accepted by the City Council; and WHEREAS, the $100.00 contribution from Chad and Lori Hinkel is to be used towards the Fire Department's fund raiser or wherever we see fit. NOW, THEREFORE BE IT RESOLVED by the City Council to hereby accept the contribution, which is to be used towards the Fire Department's fund raiser or wherever we see fit. Q MOTION seconded by Councilmember Engelhardt and adopted by the City Council at a regular meeting this 21st day of November 2023, with Councilmembers Bukkila, Barthel, Butler, Engelhardt and Nelson voting in favor of the resolution, and Councilmembers None voting against, whereupon said resolution was declared passed. CITY OF D• ATTEST: Mich Ile Hartner - Deputy City Clerk CITY OF ANDOVER © COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 095-23 MOTION by Council member Nelson to adopt the following: A RESOLUTION ORDERING THE IMPROVEMENT OF PROJECT NO. 24-19, 71h AVENUE NW FRONTAGE ROAD TRAIL CONNECTION AND DIRECTING PREPARATION OF FINAL PLANS AND SPECIFICATIONS. WHEREAS, the City Council of the City of Andover is cognizant of the need for the improvements, specifically Project No. 24-19 ; and that: NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover The proposed improvement is hereby referred to the Director of Public Works/City Engineer and he is instructed to prepare final plans and specifications for the project. MOTION seconded by Council member Engelhardt and adopted by the © City Council at a regular meeting this 215f day of November , 2023, with Council members Nelson. Engelhardt, Barthel, Butler. Bukkila voting in favor of the resolution, and Council members voting against, whereupon said resolution was declared passed. ATTEST: Mic elle Hamner— Deputy City Clerk E S E 11 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 094-23 MOTION by Council member Nelson to adopt the following: A RESOLUTION ORDERING THE IMPROVEMENT OF PROJECT NO. 24-18, PUBLIC WORKS WEST PARKING LOT RECONSTRUCTION AND DIRECTING PREPARATION OF FINAL PLANS AND SPECIFICATIONS. WHEREAS, the City Council of the City of Andover is cognizant of the need for the improvements, specifically Project No. 24-18 ; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover that: 1. The City Council is cognizant of the need for improvements. 2. The proposed improvement is hereby referred to the Director of Public Works/City Engineer and he is instructed to prepare final plans and specifications for the project. MOTION seconded by Council member Engelhardt and adopted by the City Council at a regular meeting this 21st day of November 2023, with Council members Nelson. Engelhardt, Barthel, Butler. Bukkila voting in favor of the resolution, and Council members none voting against, whereupon said resolution was declared passed. ATTEST: fiche le Hartner—Deputy City Clerk CITY OF ANDOVER CITY OF ANDOVER ® COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 093-23 MOTION by Council member Nelson to adopt the following: A RESOLUTION ORDERING PROJECT AND DIRECT PREPARATION OF FINAL PLANS AND SPECIFICATIONS FOR PROJECT NO. 23-38, RED OAKS WATER CONTAMINATION MITIGATION. WHEREAS, the City Council of the City of Andover is cognizant of the need for the improvements, specifically Project No. 23-38 : and WHEREAS, the project is to be funded by the State of Minnesota: that: NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover 1. The City Council is cognizant of the need for improvements. 2. The proposed improvement is hereby referred to Bolton and Menk. Inc. to prepare Qfinal plans and specifications. MOTION seconded by Council member Engelhardt and adopted by the City Council at a regular meeting this 218t day of November 2023, with Council members Nelson. Engelhardt Barthe, Butler Bukkila voting in favor of the resolution, and Council members none voting against, whereupon said resolution was declared passed. ATTEST: q Mich Ile&Haner— Deputy City Clerk CITY OF ANDOVER ® COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 092-23 MOTION by Council member Nelson to adopt the following: A RESOLUTION ORDERING PREPSRATION OF A FEASIBILITY REPORT FOR THE IMPROVEMENT OF PROJECT NO. 24-17, 2024 MILL & OVERLAY / BUNKER LAKE BOULEVARD SERVICE ROAD NW / ROSE STREET NW TO HEATHER STREET NW. WHEREAS, the City Council of the City of Andover is cognizant of the need for the improvements, specifically Project No. 24-17 ; and WHEREAS, the City Council proposes to assess the benefiting properties for all or a portion of the costs of the improvements, pursuant to Minnesota Statutes 429. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover that: 1. The City Council is cognizant of the need for improvements. 2. The proposed improvement is hereby referred to the Director of Public Works/City Engineer and he is instructed to provide the City Council with a feasibility report. MOTION seconded by Council member Engelhardt and adopted by the City Council at a regular meeting this 21 st day of November 2023, with Council members Nelson. Engelhardt, Barthel, Butler Bukkila voting in favor of the resolution, and Council members none voting against, whereupon said resolution was declared passed. ATTEST: '' laaU.c. 4A4L Mich Ile Hartner— Deputy City Clerk CITY OF ANDOVER © COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 091-23 MOTION by Council member Nelson to adopt the following: A RESOLUTION ORDERING PREPSRATION OF A FEASIBILITY REPORT FOR THE IMPROVEMENT OF PROJECT NO. 24-16, 2024 MILL & OVERLAY / BUNKER LAKE BOULEVARD SERVICE ROAD NW / GROUSE STREET NW. WHEREAS, the City Council of the City of Andover is cognizant of the need for the improvements, specifically Project No. 24-16 ; and WHEREAS, the City Council proposes to assess the benefiting properties for all or a portion of the costs of the improvements, pursuant to Minnesota Statutes 429. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover that: 1. The City Council is cognizant of the need for improvements. 2. The proposed improvement is hereby referred to the Director of Public Works/City Engineer and he is instructed to provide the City Council with a feasibility report. MOTION seconded by Council member Engelhardt and adopted by the City Council at a regular meeting this 21st day of November 2023, with Council members Nelson. Engelhardt, Barthel, Butler Bukkkila voting in favor of the resolution, and Council members none voting against, whereupon said resolution was declared passed. ATTEST: �Qce DHartner=Deputy City Clerk CITY OF D• �� CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 090-23 MOTION by Council member Nelson to adopt the following: A RESOLUTION ORDERING PREPSRATION OF A FEASIBILITY REPORT FOR THE IMPROVEMENT OF PROJECT NO. 24-15, 2024 MILL & OVERLAY / BUNKER LAKE VILLAGE. WHEREAS, the City Council of the City of Andover is cognizant of the need for the improvements, specifically Project No. 24-15 ; and WHEREAS, the City Council proposes to assess the benefiting properties for all or a portion of the costs of the improvements, pursuant to Minnesota Statutes 429. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover that: 1. The City Council is cognizant of the need for improvements. ® 2. The proposed improvement is hereby referred to the Director of Public Works/City Engineer and he is instructed to provide the City Council with a feasibility report. MOTION seconded by Council member Engelhardt and adopted by the City Council at a regular meeting this 21 sc day of November , 2023, with Council members Nelson, Engelhardt, Barthel Butler Bukkila voting in favor of the resolution, and Council members voting against, whereupon said resolution was declared passed. ATTEST: Michelle Hartner — Deputy City Clerk U E CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 089-23 MOTION by Council member Nelson to adopt the following: A RESOLUTION ORDERING THE IMPROVEMENT OF PROJECT NO. 24-14, HILLS OF BUNKER LAKE WEST PARK PARKING LOT RECONSTRUCTION AND DIRECTING PREPARATION OF FINAL PLANS AND SPECIFICATIONS. WHEREAS, the City Council of the City of Andover is cognizant of the need for the improvements, specifically Project No. 24-14 ; and that: NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover 1. The proposed improvement is hereby referred to the Director of Public Works/City Engineer and he is instructed to prepare final plans and specifications for the project. MOTION seconded by Council member Engelhardt and adopted by the City Council at a regular meeting this 21st day of November 2023, with Council members Nelson. Engelhardt, Barthel, Butler Bukkila voting in favor of the resolution, and Council members none voting against, whereupon said resolution was declared passed. ATTEST: Mich Ile Hamner —Deputy City Clerk i s .i�ilsT//�e CITY OF ANDOVER d COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 088-23 MOTION by Council member Nelson to adopt the following A RESOLUTION ORDERING PREPARATION OF A FEASIBILITY REPORT FOR THE IMPROVEMENT OF PROJECT NO. 24-11 2024 FULL DEPTH RECLAMATION. WHEREAS, the City Council of the City of Andover is cognizant of the need for the improvements, specifically Project No. 24-11 ; and WHEREAS, the City Council proposes to assess the benefiting properties for all or a portion of the costs of the improvements, pursuant to Minnesota Statutes 429. that: NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover 1. The City Council is cognizant of the need for improvements. 2. The proposed improvement is hereby referred to the Director of Public Works/City ® Engineer and he is instructed to provide the City Council with a feasibility report. MOTION seconded by Council member Engelhardt and adopted by the City Council at a regular meeting this 21st day of November 2023, with Council members Nelson, Engelhardt, Barthel Butler Bukkila voting in favor of the resolution, and Council members none voting against, whereupon said resolution was declared passed. E 1-1 [a] CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 087-23 MOTION by Council member Nelson to adopt the following: A RESOLUTION ORDERING PREPARATION OF A FEASIBILITY REPORT FOR THE IMPROVEMENT OF PROJECT NO. 24-02, 2024 STREET RECONSTRUCTION. WHEREAS, the City Council of the City of Andover is cognizant of the need for the improvements, specifically Project No. 24-02 ; and WHEREAS, the City Council proposes to assess the benefiting properties for all or a portion of the costs of the improvements, pursuant to Minnesota Statutes 429. that: NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover 1. The City Council is cognizant of the need for improvements. 2. The proposed improvement is hereby referred to the Director of Public Works/City Engineer and he is instructed to provide the City Council with a feasibility report. MOTION seconded by Council member Engelhardt and adopted by the City Council at a regular meeting this 21st day of November 2023, with Council members Nelson. Engelhardt, Barthel Butler Bukkila voting in favor of the resolution, and Counci Imembers none voting against, whereupon said resolution was declared passed. ATTEST: Mich6lle Hartner— Deputy City Clerk CITY OF D• Mayor - CITY OF ANDOVER COUNTY OF ANOKA © STATE OF MINNESOTA RES. NO. 086-23 RESOLUTION AUTHORIZING THE PURSUIT OF HIGHWAY SAFETY IMPROVEMENT PROGRAM FUNDING FOR THE CROSSTOWN BOULEVARD AND CROSSTOWN DRIVE ROUNDABOUT PROJECT WHEREAS, the City of Andover plans to construct a roundabout at CSAH 18 (Crosstown Boulevard) and MSAA 199 (Crosstown Drive)/13911 Avenue, and WHEREAS, the project will include corresponding trail improvements, pedestrian crossings, and lighting improvements, and WHEREAS, the proposed roundabouts will improve safety and operations for motorized and non -motorized users in the project area and improve connections to the existing trail network and park system, and WHEREAS, the CSAH 18 (Crosstown Boulevard) and MSAA 199 (Crosstown Drive)/139th Avenue intersection is adjacent to the Andover Fire Station and serves as a connection to regional and local destinations for residents., and WHEREAS, the Highway Safety Improvement Program (HSIP) provides up to $2,000,000 per project for roadway construction and reconstruction projects designed to decrease the Qfrequency and/or severity of crashes, and WHEREAS, a minimum local match of 10 percent of the total project cost is required. NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANDOVER AS FOLLOWS; that 1. The City Council hereby supports the proposed roundabout at CSAH 18 (Crosstown Boulevard) and MSAA 199 (Crosstown Drive)/139th Avenue, and 2. The City Council hereby supports the City of Andover's pursuit of HSIP funding and authorizes staff to prepare and submit such an application, and 3. The City Council hereby commits to funding project elements not eligible for HSIP funding, ensuring the project will comply with all HSIP funding requirements, and following the project schedule as presented in the application, and 4. The City Council commits to providing the required 10 percent local match, if awarded. Adopted by the City Council of the City of Andover this 2151 ftay.,of November, 2023. ATTEST: i�IleHatner — Deputy at Clerk Q CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R085-23 A RESOLUTION ADOPTING THE ASSESSMENT ROLL FOR THE CERTIFICATION OF DELINQUENT SEWER, WATER, STORM SEWER, STREET LIGHTING CHARGES, FALSE ALARM FINES, TREE REMOVAL, MOWING FEES AND/OR MISCELLANEOUS ABATEMENT FEES. WHEREAS, pursuant to a proper notice duly given as required by law, the council has met, heard and passed upon all objections to the proposed assessment for the delinquent sewer, water, storm sewer, street lighting charges, false alarm fines, tree removal, mowing fees and/or miscellaneous abatement fees. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF ANDOVER, MINNESOTA: 1. Such proposed assessment, a copy of which is attached hereto and made part hereof, is ® hereby accepted and shall constitute the special assessment against the lands named therein, and each tract of land therein included is hereby found to be benefited by the proposed improvement in the amount of the assessment levied against it. 2. Such assessment shall be payable in one annual installment on or before the first Monday of January, 2024 and shall bear interest at the rate of 8 percent per year. 3. The owners of any property so assessed may, at any time prior to certification of the assessment to the County Auditor, pay the whole amount of the assessment on such property with interest accrued to the date of payment, except that no interest shall be charged if the entire assessment is paid by November 9, 2023. Adopted by the City Council of the City of Andover on this 8`b day of November, 2023. ATTEST: Mich�elleHaner — Deputy Chi ty C erk E CIT'T'OFAADO,?ER C [] CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 084-23 MOTION by Councilmember Nelson to adopt the following: A RESOLUTION ADOPTING THE ASSESSMENT ROLL FOR THE IMPROVEMENT OF PROJECT NOS. 23-11A THROUGH 23-11L /23-15 PRAIRIE ROAD NW & 23-16 ANDOVER BOULEVARD NW/2023 MILL & OVERLAY.. WHEREAS, pursuant to proper notice duly given as required by law, the City Council has met and heard and passed upon all objections to the proposed assessment for the improvements. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF ANDOVER, MINNESOTA: 1. Such proposed assessment, a copy of which is attached hereto and made part hereof, is hereby accepted and shall constitute the special assessment against the lands named therein, and each tract of land therein included is'hereby found to be benefited by the proposed improvement in the amount equal to or greater than the assessment levied against it. 2. Such assessment shall be payable in equal annual installments, extending over a period of 5 years, the first of the installments to be payable on or before the first Monday in January, 2024 and shall bear interest at a rate of 4_5 percent per annum from the date of the adoption of this assessment resolution. 3. The owners of any property so assessed may, at any time prior to certification of the assessment to the County Auditor, pay the whole of the assessment on such property with interest accrued to the date of payment to the City Treasurer. MOTION seconded by Councilmember Butler and adopted by the City Council at a regular meeting this 8th day of November . 2023, with Councilmembers Nelson, Butler Barthel Engelhardt Bukkila voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. ATTEST: ME elle Hartner — Deputy City Clerk E CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 083-23 MOTION by Councilmember Barthel to adopt the following: A RESOLUTION ADOPTING THE ASSESSMENT ROLL FOR THE IMPROVEMENT OF PROJECT NO. _ 23-17, 2023 FULL DEPTH RECLAMATION, WHEREAS, pursuant to proper notice duly given as required by law, the City Council has met and heard and passed upon all objections to the proposed assessment for the improvements. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF ANDOVER, MINNESOTA: 1. Such proposed assessment, a copy of which is attached hereto and made part hereof, is hereby accepted and shall constitute the special assessment against the lands named therein, and each tract of land therein included is hereby found to be benefited by the proposed improvement in the amount equal to or greater than the assessment levied against it. 2. Such assessment shall be payable in equal annual installments, extending over a period of 5 years, the first of the installments to be payable on or before the first Monday in January, 2024 and shall bear interest at a rate of 4_5 percent per annum from the date of the adoption of this assessment resolution. 3. The owners of any property so assessed may, at any time prior to certification of the assessment to the County Auditor, pay the whole of the assessment on such property with interest accrued to the date of payment to the City Treasurer. MOTION seconded by Councilmember Butler and adopted by the City Council at a regular meeting this 8th day of November . 2023, with Councilmembers Barthel, Butler. Nelson Engelhardt Bukkila voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. ATTEST: Michlelle Hamner — Deputy City Clerk CITY OF ANDOVER Sheri Bu i a - M CITY OF ANDOVER © COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 082-23 MOTION by Councilmember Barthel to adopt the following: A RESOLUTION ADOPTING THE ASSESSMENT ROLL FOR THE IMPROVEMENT OF PROJECT NO. 23-2, 2023 STREET RECONSTRUCTION, WHEREAS, pursuant to proper notice duly given as required by law, the City Council has met and heard and passed upon all objections to the proposed assessment for the improvements. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF ANDOVER, MINNESOTA: 1. Such proposed assessment, a copy of which is attached hereto and made part hereof, is hereby accepted and shall constitute the special assessment against the lands named therein, and each tract of land therein included is hereby found to be benefited by the proposed improvement in the amount equal to or greater than the assessment levied against it. © 2. Such assessment shall be payable in equal annual installments, extending over a period of 8 years, the first of the installments to be payable on or before the first Monday in January 2024 and shall bear interest at a rate of 4_5 percent per annum from the date of the adoption of this assessment resolution. 3. The owners of any property so assessed may, at any time prior to certification of the assessment to the County Auditor, pay the whole of the assessment on such property with interest accrued to the date of payment to the City Treasurer. MOTION seconded by Councilmember Nelson and adopted by the City Council at a regular meeting this 8th day of November . 2023, with Councilmembers _ Barthel Nelson Butler Engelhardt Bukkila voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. ATTEST: Mic elle Hartner —Deputy City Clerk CITY OF ANDOVER © COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 081-23 MOTION by Councilmember Barthel to adopt the following: A RESOLUTION ADOPTING THE ASSESSMENT ROLL FOR THE IMPROVEMENT OF PROJECT NO. 21-39 TULIP STREET NW & 161STAVENUE NW RECONSTRUCTION, WHEREAS, pursuant to proper notice duly given as required by law, the City Council has met and heard and passed upon all objections to the proposed assessment for the improvements. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF ANDOVER, MINNESOTA: 1. Such proposed assessment, a copy of which is attached hereto and made part hereof, is hereby accepted and shall constitute the special assessment against the lands named therein, and each tract of land therein included is hereby found to be benefited by the proposed improvement in the amount equal to or greater than the assessment levied against it. Q 2. Such assessment shall be payable in equal annual installments, extending over a period of 8 years, the first of the installments to be payable on or before the first Monday in January, 2024 and shall bear interest at a rate of 4_5 percent per annum from the date of the adoption of this assessment resolution. 3. The owners of any property so assessed may, at any time prior to certification of the assessment to the County Auditor, pay the whole of the assessment on such property with interest accrued to the date of payment to the City Treasurer. MOTION seconded by Councilmember. Nelson and adopted by the City Council at a regular meeting this 8t" day of November , 2023, with Councilmembers Barthel, Nelson Butler Engelhardt Bukkila voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: q4lle Sheri Buk iHartner— Deputy City Clerk l41 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RESOLUTION NO. R080-23 A RESOLUTION DECLARING A DOG OWNED BY KIMBERLY KIETZMANN, 13598 PARTRIDGE CIRCLE NW, ANDOVER, MN, AS A DANGEROUS DOG PURSUANT TO CITY CODE TITLE 5, CHAPTER 1, SECTION 5-1A-8. WHEREAS, a Golden Doodle named Chewy owned by Kimberly Kietzmann, I3598 Partridge Circle NW, Andover has attacked unprovoked a dog; and WHEREAS, on October 6, 2023, said dog left its property and attacked another dog causing death; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover based on the report, incident, and testimony at the hearing to hereby declare a Golden Doodle named Chewy owned by Kimberly Kietzmann, 13598 Partridge Circle NW, Andover MN as a "dangerous dog" in the City of Andover pursuant to City Code Title 5, Chapter, 1 Section 5-lA-8. © BE IT FURTHER RESOLVED that the Deputy City Clerk shall by certified mail or personal service to Kimberly Kietzmann a copy of the resolution. Adopted by the City Council of the City of Andover this 17`h day of October 2023. Attest: IfWA"&tb� Michelle Hartner — Deputy City Clerk C CITY OF ANDOVER CITY OF ANDOVER 10 COUNTY OF ANOKA STATE OF MINNESOTA ly;=ca z1yRD7A] A RESOLUTION DENYING A VARIANCE TO MINIMUM LOT WIDTH FOR THE PROPERTY LOCATED AT 17337 ROANOKE ST NW; PID# 06-32-24-33-0016 LEGALLY DESCRIBED AS FOLLOWS: THAT PRT OF SWl/4 OF SWIA OF SEC 06-32-24 DESC AS FOL: BEG AT A PT ON W LINE OF SD 1/4,1/4, 270.1 FT N OF SW COR THEREOF, TH N ALG SD W LINE 138.5 FT, TH N 89 DEG 23 MIN E 363 FT, TH S PRLL/W SD W LI NE 138.5 FT, TH S 89 DEG 23 MIN W 363 FT TO POB, TOG/W THAT PRT OF SD 1/4,1/4, DESC AS FOL, COM AT SW COR OF SD 1/4,1/4, TH N ALG W LINE THEREOF 538.60 FT, TH N 89 DEG 23 SEC E 363 FT TO POB, TH S PRL L/W SD W LINE 541.4 FT TO S LINE OF SD 1/4,1/4, TH ELY ALG SD S LINE 348.08 FT +OR- TO INTER OF FOL DESC LINE, COM AT A PT ON W LINE OF SD 1/4 1467.08 FT N OF SW COR THEREOF, TH N 86 DEG 25 SEC E (ASS D BRG OF SD W LINE IS DUE N) 745.84 FT, TH S 34 DEG 34 SEC E 233.32 FT TH S 54 DEG 09 SEC E 296.78 FT TO POB OF SD LINE, TH S 19 DEG 29 MIN 30 SEC W 1216.20 FT TO SD S LINE & THERE TERM, TH N 19 DEG 2 9 MIN 30 SEC E ALG SD LINE TO INTER/W A LINE DRAWN N 89 DEG 23 SEC E FROM SD POB, TH S 89 DEG 23 SEC W TO POB; EX RD; SUBJ TO EASE OF REC WHEREAS, Samantha Haupert and Colin Anderson ("Applicants") are the owners of a parcel of land located at 17337 Roanoke St NW, Andover, Minnesota with Parcel ID Number 06-32- 24-33-0016 (the "Subject Property"); and, WHEREAS, the Subject Property is zoned R-2, Single Family Residential Estate; and WHEREAS, the Applicants are proposing a future subdivision of the Subject Property which would result in the creation of a non -conforming lot in that it would vary from City Code 12-3-5: Minimum District Requirements by decreasing the minimum lot width requirement of 300 feet to 138.50 feet; and, WHEREAS, the Applicants have applied to the City for a variance from the lot width requirements under City Code 12-3-5 for the proposed future non -conforming lot created through the proposed subdivision of the Subject Property; and, WHEREAS, the Andover Review Committee has reviewed the variance requests; and, WHEREAS, pursuant to published and mailed notice thereof, the Planning and Zoning Commission held a public hearing on September 26, 2023; and, WHEREAS, following the public hearing on September 26, 2023, the Planning and Zoning Commission recommended to the City Council denial of the variance request; and, WHEREAS, the City Council completed a review of the variance request along with the recommendation of the Planning and Zoning Commission; and, WHEREAS, the City Council agrees with the recommendation of the Planning and Zoning Commission and denies the variance request to decrease the minimum lot width from 300 feet to 138.50 feet; and, WHEREAS, based on the foregoing, information contained within the City Packet regarding this matter as presented at the October 3, 2023 City Council meeting, presentation from the Applicants' and their attorney at said City Council meeting, and the criteria for granting a variance under City Code 12-15-9, the City Council adopts the following findings of fact to support the denial of the variance requests: Criteria #1: Variances shall only be permitted when they are in harmony with the general purposes and intent of the official control and when the variances are consistent with the comprehensive plan. Finding #1: City Code 12-10-2-A states that "When any lawful nonconforming use of any structure or land in any district has been changed to a conforming use, it shall not thereafter be changed to any nonconforming use". The Subject Property previously could be considered a lawful nonconforming use, however, in the 1980s the Subject Property was changed to a conforming use through its combination with an adjacent property to create its current size, dimensions and shape which currently meets City Code requirements. The Applicants' variance request is to change the property from a conforming lot to a nonconforming lot thus necessitating the variance request in conflict with this requirement. Therefore, the City Council finds the variance request to not be in harmony with the general purposes and intent of the official control. Finding #2: The Subject Property is located within the R-2: Single Family Residential Estate zoning district. City Code 12-3-3-C states that the R-2 zoning district was used for rural residential developments created prior to 1978 and that no existing properties may be rezoned to the R-2 zoning district. City Code 12-3-5 establishes a minimum lot width of 300 feet for newly created lots and 165 feet for lots created prior to October 17,1978. Since the Applicant's variance request to reduce the minimum lot width to 138.50 feet would be significantly less than the 300 foot lot width requirement for newly created lots and even significantly less than thel65-foot lot width requirement for lots created prior to 1978, the City Council finds the variance request to not be in harmony with the general purposes and intent of the official control. Criteria #2: Variances may be granted when the applicant for the variance establishes that there are practical difficulties in complying with the official control. "Practical difficulties", as used in connection with the granting of a variance, means: a. The property owner proposes to use the property in a reasonable manner not permitted by an official control; b. The plight of the landowner is due to circumstances unique to the property not created by the landowner; c. The variance, if granted, will not alter the essential character of the locality; d. Economic considerations alone do not constitute practical difficulties. Finding #3: The City Council finds that the Applicants did not establish that there are practical difficulties in complying with the official control. Finding #4: The City Council finds that a lot split of 6.4 acres into two residential lots could be viewed as a reasonable use of the Subject Property, provided the resulting lots can meet all zoning requirements for the district in which they are located. However, since the proposed resulting lot cannot meet the 300-foot minimum lot width requirement no matter how the proposed subdivision boundary is drawn, the City Council finds the variance request to not be a reasonable use of the Subject Property. Finding #5: Minnesota State Statute and City Code ultimately work to reduce nonconformities and achieve conforming properties. The proposed variance request would take a conforming property and make it © nonconforming in conflict with the general purposes and intent of Minnesota State Statute and the City Code. Therefore, the City Council finds the variance request to not be a reasonable use of the Subject Property. Finding #6: There are a number of other properties within the R-2 zoning district that are also not able to be subdivided without the use of a variance. Therefore, the City Council finds that the plight of the landowner is due to circumstances not unique to their property. Finding #7: The practical difficulties for which the variance is being sought arise only as a result of the Applicant's request to subdivide a conforming property, thus creating a nonconforming property needing a variance. Therefore, the City Council finds that the plight of the landowner is due to circumstances created by the landowner. Finding 48: An adjacent lot has combined two lots to make a new property that is closer to compliance with the R-2 minimum lot width and minimum lot size requirements and a number of properties in the area meet the minimum district requirements. Therefore, the City Council finds that the variance, if granted, would alter the essential character of the locality. C Finding #9: The City Council finds that the variance, if granted, would alter the essential character of the locality due to it reducing the minimum lot width requirement by greater than 50%. Finding #10. The Applicants indicated their desire is to construct another home on the Subject Property after the variance is granted and the Subject Property is subdivided. The Applicants indicated that their existing home would remain on one lot in order to be rented to family and friends. The variance, if granted, would allow the Applicants to have two homes, one on each of the proposed new lots, even though one of the newly created lots would not meet the minimum lot width requirements and has caused the need for a variance. The City Council finds that economic considerations appear to be a major factor behind the variance request. Finding #11: The Applicants have the ability to replace or add on to their existing home to meet their needs for the Subject Property without the need for a variance request. Therefore, the City Council finds that economic considerations appear to be a major factor behind the variance request and that the plight of the landowner is due to circumstances created by the landowner. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby denies the variance request to decrease the minimum lot width requirement on the resulting lot following Applicants' proposed subdivision of the Subject Property. Adopted by the City Council of the City of Andover this 17`h day of October, 2023. CITY OF ANDOVER � Mi el�He��k C�J E C E CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 078-23 A RESOLUTION GRANTING THE VACATION OF A DRAINAGE AND UTILITY EASEMENT AT 17063 SWALLOW ST NW; PID# 10-32-24-24-0002, LEGALLY DESCRIBED AS FOLLOWS AND SHOWN ON EXHIBIT A: That part of the South 5.00 feet of the North 15.00 feet of Lot 1, Block 2, WOODLAND MEADOWS SECOND ADDITION, Anoka County, Minnesota, lying easterly of the West 10.00 feet of said Lot 1 and westerly of a line drawn from a point on the north line of said Lot 1 distant 181.48 feet westerly of the northeast corner or said Lot 1 to a point on the south line of said Lot 1 distant 153.55 feet westerly of the southeast corner of said Lot 1 and said line there terminating. WHEREAS, the property owner has requested to vacate the described drainage and utility easement; and WHEREAS, a public hearing was held pursuant to the requirements of Minnesota State Statute and City Code 8-6-1; and WHEREAS, the City Council finds the request would not have a detrimental effect upon the health, safety, moral, and general welfare of the City of Andover. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby grants the vacation of drainage and utility easement subject to the following: 1. The vacation of easement shall be recorded with Anoka County as shown on "Exhibit A". 2. Pursuant to City Code 8-6-1-D, if the City Council determines that no significant progress has been made in the first twelve months after approval of the application, the approval will be null and void. Adopted by the City Council of the City of Andover on this 17th day of October 2023. qwj� ATTEST L�1�p� Michelle Hartner, Deputy City Clerk eri CITY OF ER :. a pl�S� y lh I I lif I fit 5992'.I; Ec N H 44 MVK + I � RA go g 90 ® CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R077-23 MOTION by Councilmember Nelson to adopt the following: A RESOLUTION ACCEPTING A CONTRIBUTION MADE TO THE CITY OF ANDOVER TO BE USED TOWARDS THE FIRE DEPARTMENT'S FIRE PREVENTION AND SAFETY TRAINING OF CHILDREN. WHEREAS, any contributions that are to be made to the City of Andover must be accepted by the City Council; and WHEREAS, the $100.00 contribution from Virgina Bennett is to be used towards the Fire Department's fund raiser or wherever we see fit. NOW, THEREFORE BE IT RESOLVED by the City Council to hereby accept the contribution, which is to be used towards the Fire Department's fund raiser or wherever we see fit. © MOTION seconded by Councilmember Engelhardt and adopted by the City Council at a regular meeting this 17th day of October 2023, with Councilmembers Bukkila, Barthel, Engelhardt and Nelson voting in favor of the resolution, and Councilmembers Butler (absent) voting against, whereupon said resolution was declared passed. ATTEST: Miclielle Hartner - Deputy City Clerk H 0 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 076-23 A RESOLUTION ESTABLISHING PARKING RESTRICTIONS ON BOTH SIDES OF ROUND LAKE BOULEVARD NW BETWEEN 149TH LANE NW TO 1500 FEET SOUTH OF 157TH AVENUE NW THIS RESOLUTION passed this 17th day of October 2023, by the City of Andover, Minnesota, Anoka County, Minnesota. The Municipal Corporation shall hereinafter be called the "City'; and WHEREAS, Round Lake Boulevard NW is designated as a County State Aid Highway; and ® WHEREAS, the State will require that parking be restricted along both sides this section since County and/or Municipal State Aid funds will be utilized in the reconstruction of Round Lake Boulevard NW; and NOW, THEREFORE, BE IT RESOLVED, that the City shall restrict parking of motor vehicles in the area described as: Along Round Lake Boulevard NW between 149th Lane NW and 1500 feet south of 157th Avenue NW in the City of Andover. Adopted by the City Council of the City of Andover this 17th day of October. 2023. ATTEST: 1�,�� artner �e tc elle Hamner— Deputy City Clerk CITY OF ANDOVER COUNTY OF ANOKA ® STATE OF MINNESOTA RES. NO. 075-23 MOTION by Councilmember Nelson to adopt the following: A RESOLUTION ADOPTING THE AMENDED ASSESSMENT ROLL FOR THE IMPROVEMENT OF WATER MAIN IN THE FOLLOWING AREA OF 13320 CROOKED LAKE BOULEVARD NW, PROJECT NO. 23-40. WHEREAS, the property owner has waived their right to a public hearing. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF ANDOVER, MINNESOTA: 1. Such proposed assessment, a copy of which is attached hereto and made part hereof, is hereby accepted and shall constitute the special assessment against the lands named therein, and each tract of land therein included is hereby found to be benefited by the proposed improvement in the amount of the assessment levied against it. 2. Such assessment shall be payable in equal annual installments, extending over a period of 5 years, the first of the installments to be payable on or before the 1 st Monday in January, 2024 and shall bear interest at a rate of 4.5 percent per annum from the date of the adoption of this assessment resolution. ® 3. The owner of any property so assessed may, at any time prior to certification of the assessment or the first installment thereof to the county auditor, pay the whole of the assessment on such property, with interest accrued to the date of payment, to the municipal treasurer, except that no interest shall be charged if the entire assessment is paid within 30 days from the adoption thereof, and, except as hereinafter provided, the owner may at any time prior to November 15 of any year, prepay to the treasurer of the municipality having levied said assessments, the whole assessment remaining due with interest accrued to December 31 of the year in which said prepayment is made. MOTION seconded by Councilmember Engelhardt and adopted by the City Council at a regular meeting this 17th day of October , 2023, with Councilmembers Nelson, Engelhardt, Butler (absent), Barthel, Bukkila voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ® ATTEST: Sheri B ila - a Mc elle Hartner — Deputy City Clerk E E C CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 074-23 MOTION by Councilmember Nelson to adopt the following: A RESOLUTION DECLARING ADEQUACY OF PETITION AND ORDERING AMENDED ASSESSMENT ROLL FOR WATER MAIN , FOR PROJECT NO. 23-40 IN THE AREA OF 13320 CROOKED LAKE BOULEVARD NW. WHEREAS, the City Council has received a petition, dated October 2, 2023 requesting the construction of improvements; and WHEREAS, such petition has been validated to represent the signatures of 100% of the affected property owners requesting such improvement. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover that: 1. The petition is hereby declared to be 100% of owners of property affected, thereby making the petition unanimous. 2. Escrow amount for feasibility report is 0 3. The proposed improvement is hereby referred to the City Engineer and he is instructed to provide the City Council with a feasibility report. MOTION seconded by Councilmember Engelhardt and adopted by the City Council at a regular meeting this 17th day of Ovyober , 2023, with Councilmembers Nelson, Engelhardt, Butler (absent), Barthel, Bukkila voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. ATTEST: Mich Ile Hamner— Deputy City Clerk CITY OF ANDOVER sal W440vor CITY OF ANDOVER COUNTY OF ANOKA O STATE OF MINNESOTA RES. NO. 073-23 MOTION by Council Member Nelson to adopt the following: A RESOLUTION FOR PUBLIC HEARING ON PROPOSED ASSESSMENT FOR PROJECT NOS. 23-11 (A-L) 2023 MILL & OVERLAYS. 23-15 2023 MILL & OVERLAY — PRAIRIE ROAD, AND 23-16 2023 MILL & OVERLAY —ANDOVER BOULEVARD. WHEREAS, by a resolution passed by the City Council on October 3. 2023, the City Clerk was directed to prepare a proposed assessment of the cost of the improvement for Project Nos.23-1 1 (A-L), 23-15 & 23-16. WHEREAS, the City Clerk has notified the Council that such proposed assessment has been completed and filed in her office for public inspection. NOW, THEREFORE, BE IT RESOLVED by the City Council of Andover, Minnesota: 1. A hearing shall be held the 8th day of November , 2023 , in the City Hall at 7:00 PM to pass upon such proposed assessment and at such time and place O all persons owning property affected by such improvements will be given an opportunity to be heard with reference to such assessment. 2. The City Clerk is hereby directed to cause a notice of the hearing on the proposed assessment to be published once in the official newspaper at least two weeks prior to the hearing, and she shall state in the notice the total cost of improvement. She shall also cause mailed notice to be given to the owner of each parcel described in the assessment roll not less than two weeks prior to the hearings. MOTION seconded by Council member Engelhardt and adopted by the City Council at a regular meeting this 17th day of October , 2023, with Council members Nelson. Engelhardt. Butler (absent) Barthel Bukkila voting in favor of the resolution, and Council members none voting against, whereupon said resolution was declared passed. CITY OF ® ATTEST: ( �z Sheri Mic elle Hartner— Deputy City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 072-23 MOTION by Council Member Nelson to adopt the following: A RESOLUTION FOR PUBLIC HEARING ON PROPOSED ASSESSMENT FOR PROJECT NO. 23-17.2023 FULL DEPTH RECLAMATION. WHEREAS, by a resolution passed by the City Council on October 3. 2023, the City Clerk was directed to prepare a proposed assessment of the cost of the improvement for Project No.23-17. WHEREAS, the City Clerk has notified the Council that such proposed assessment has been completed and filed in her office for public inspection. NOW, THEREFORE, BE IT RESOLVED by the City Council of Andover, Minnesota: 1. A hearing shall be held the 8th day of November . 2023 , in the City Hall at 7:00 PM to pass upon such proposed assessment and at such time and place all persons owning property affected by such improvements will be given an opportunity to be heard with reference to such assessment. 2. The City Clerk is hereby directed to cause a notice of the hearing on the proposed assessment to be published once in the official newspaper at least two weeks prior to the hearing, and she shall state in the notice the total cost of improvement. She shall also cause mailed notice to be given to the owner of each parcel described in the assessment roll not less than two weeks prior to the hearings. MOTION seconded by Council member Engelhardt and adopted by the City Council at a regular meeting this 17th day of October 2023, with Council members Nelson.Engelhardt, Butler (absent), Barthel. Bukkila voting in favor of the resolution, and Council members none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: Sheri is elle Hartner— Deputy City Clerk u E CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 071-23 MOTION by Council Member Nelson to adopt the following: A RESOLUTION FOR PUBLIC HEARING ON PROPOSED ASSESSMENT FOR PROJECT NO. 23-02.2023 STREET RECONSTRUCTION.. WHEREAS, by a resolution passed by the City Council on October 3, 2023, the City Clerk was directed to prepare a proposed assessment of the cost of the improvement for Project No.23-02. WHEREAS, the City Clerk has notified the Council that such proposed assessment has been completed and filed in her office for public inspection. NOW, THEREFORE, BE IT RESOLVED by the City Council of Andover, Minnesota: 1. A hearing shall be held the 8th day of November . 2023 , in the City Hall at 7:00 PM to pass upon such proposed assessment and at such time and place all persons owning property affected by such improvements will be given an opportunity to be heard with reference to such assessment. 2. The City Clerk is hereby directed to cause a notice of the hearing on the proposed assessment to be published once in the official newspaper at least two weeks prior to the hearing, and she shall state in the notice the total cost of improvement. She shall also cause mailed notice to be given to the owner of each parcel described in the assessment roll not less than two weeks prior to the hearings. MOTION seconded by Council member Engelhardt and adopted by the City Council at a regular meeting this 17th day of October , 2023, with Council members Nelson. Engelhardt. Butler (absent), Barthel, Bukkila voting in favor of the resolution, and Council members none voting against, whereupon said resolution was declared passed. ATTEST: CITY OF ANDOVER ® <' Sh`6ri Bukkila - is elle Hartner— Deputy City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA © RES. NO. R070-23 MOTION by Councilmember Barthel to adopt the following: A RESOLUTION DECLARING COST, DIRECTING PREPARATION OF ASSESSMENT ROLL AND SCHEDULING PUBLIC HEARING FOR THE CERTIFICATION OF DELINQUENT UTILITY SERVICES CHARGES, MOWING FEES, TREE REMOVAL, FALSE ALARM FINES AND MISCELLANEOUS ABATEMENT FEES THE CITY COUNCIL OF THE CITY OF ANDOVER HEREBY RESOLVES: WHEREAS, delinquent utility service charges, mowing fees, tree removal, false alarm fines and miscellaneous abatement fees in the amount of $341,069.82 exist as of September 21, 2023; and WHEREAS, City Code 10-3-31); City Code 10-1-917; and City Code 8-5-3D provide for the collection by assessment of unpaid water, sewer, storm sewer, street light service charges, mowing fees, tree removal, false alarm fines and miscellaneous abatement fees respectively. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF ANDOVER, MINNESOTA: 1. The amount of the cost to be assessed against benefited property owners is declared to © be $368,355.41 plus an administrative fee of 15%. 2. Assessment shall be payable in equal annual installments extending over a period of one year. The first of the installments to be payable on or before the first Monday in January 2024, and shall bear interest at the rate of 8 percent per annum from the date of the adoption of the assessment resolution. 3. The City Clerk, with the assistance of the Finance Director shall forthwith calculate the proper amount to be assessed against every assessable lot, piece or parcel of land, without regard to cash valuation, as provided by law, and the Clerk shall file a copy of such proposed assessment in the Clerk's office for public inspection. 1. The Clerk shall, upon the completion of such proposed assessment, notify the Council thereof. BE IT FURTHER RESOLVED BY THE CITY COUNCIL; 1. A hearing shall be held the 8th day of November, 2023 at the Andover City Hall at 7:00 P.M. to pass upon such proposed assessment and at such time and place all persons affected by such proposed assessment will be given an opportunity to be heard with reference to such assessment. 2. The City Clerk is hereby directed to cause a notice of hearing on the proposed assessment to be published once in the official newspaper at least two weeks prior to © the hearing. 3. The owner of any property so assessed may at any time prior to certification of the assessment to the County Auditor, pay the whole assessment with no interest. MOTION seconded by Councilmember Nelson and adopted by the City Council at a regular meeting this 3 d day of October, 2023, with Councilmembers Bukkila, Barthel, Butler, Engelhardt and Nelson voting in favor of the resolution, and Councilmembers None voting against, whereupon said resolution was declared passed. ATTEST: qnA 'Mi4ielle Hartner — Deputy City Clerk U H CITY OF D• CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA �I RES. NO. 069-23 MOTION by Council Member Nelson to adopt the following: A RESOLUTION FOR PUBLIC HEARING ON PROPOSED ASSESSMENT FOR PROJECT NO. 21-39, TULIP STREET NW & 161ST AVENUE NW RECONSTRUCTION. WHEREAS, by a resolution passed by the City Council on October 3, 2023, the City Clerk was directed to prepare a proposed assessment of the cost of the improvement for Project No.21-39. WHEREAS, the City Clerk has notified the Council that such proposed assessment has been completed and filed in her office for public inspection. NOW, THEREFORE, BE IT RESOLVED by the City Council of Andover, Minnesota: 1. A hearing shall be held the 8th day of November , 2023 , in the City Hall at 7:00 PM to pass upon such proposed assessment and at such time and place all persons owning property affected by such improvements will be given an Q opportunity to be heard with reference to such assessment. 2. The City Clerk is hereby directed to cause a notice of the hearing on the proposed assessment to be published once in the official newspaper at least two weeks prior to the hearing, and she shall state in the notice the total cost of improvement. She shall also cause mailed notice to be given to the owner of each parcel described in the assessment roll not less than two weeks prior to the hearings. MOTION seconded by Council member Engelhardt and adopted by the City Council at a regular meeting this 17th day of October , 2023, with Council members Nelson. Engelhardt. Butler (absent), Barthel, Bukkila voting in favor of the resolution, and Council members against, whereupon said resolution was declared passed. CITY OF ATTEST: Sheri B Mich Ile Hartner— Deputy City Clerk voting © CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R068-23 A RESOLUTION GRANTING THE VACATION OF A DRAINAGE AND UTILITY EASEMENT AT 3370 170'' LN NW, PIN 08-32-24-14-0012, LEGALLY DESCRIBED AS FOLLOWS AND SHOWN ON EXHIBIT A: An easement lying over, under, and across that part of lot 1, Block 2 DEER OAKS, according to the recorded plat thereof, Anoka County, Minnesota, described as follows: Commencing at the Northeast comer of said Lot 1; thence South 11 degrees 00 minutes 00 seconds East, assumed bearing, along the East line of said Lot 1, a distance of 49.12 feet to the point of beginning of said easement to be described; thence South 58 degrees 58 minutes 18 seconds West, 39.86 feet; thence South 09 degrees 43 minutes 15 seconds East, 64.58 feet; thence, North 79 degrees, 00 minutes, 00 seconds East, 38.89 feet to said East line of Lot 1; thence northerly along said East line of Lot 1 to the point of beginning. Excepting therefrom the East 10.00 feet of said Lot 1. WHEREAS, the property owner has requested to vacate the described drainage and utility easement; and WHEREAS, a public hearing was held pursuant to the requirements of Minnesota State Statute and City Code 8-6-1; and © WHEREAS, the City Council finds the request would not have a detrimental effect upon the health, safety, moral, and general welfare of the City of Andover. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby grants the vacation of drainage and utility easement subject to the following: 1. The vacation of easement shall be recorded with Anoka County as shown on "Exhibit A". 2. Pursuant to City Code 8-6-1-D, if the City Council determines that no significant progress has been made in the first twelve months after approval of the application, the approval will be null and void. Adopted by the City Council of the City of Andover on this 31 day of October 2023. ATTEST Clerk CITY OF ,= �le Harmer, Deputy City Clerk ie Bu a, May 101 4 N DRAINAGE AND UTILITY EASEMENT DESCRIPTION SKETCH Existing House LOT 1 BLOCK 2 r' r I Or.g old par heyPto d p / r Eo�sa,,on OP i J I 0CARLSON E.No.—E GNa WCAIN ENVIRONMENTAL EERO pN[ARANT ROD! DRM MG iNDD 10D. DLAIME. MN EfM49 lEL ]YAYJRDD \ FAIIfEEAM1..AE9 \ GRYONMfLA1N.00M Northeast Corner of Lot Block 2. DEER OAKS ----------------- age and Utility ment per the plat East line of Lot 1,— ,7 -ER OAKS Block 2, DEER OAKS 100 Year Flood -- Elevation = 901.8 �- N79°0000E r 41 h t � r / / N H GRAPHIC SCALE 0 25�0 I' 0 `� I (IN FEET) u (8.5xl4 sheet) v 1 m, Proposed Drainage & Utility Easement area 1 r ( 1 Drainage & Utility Easement to be wcated lExisting Oro/nqe and &171ty E��t Oe�otlt An easement lying over, under, and across that part of Lot 1, Block 2, DEER OAKS, according to the recorded plat thereof, Anoka County, Minnesota, described as follows: Commencing at the Northeast corner of said Lot 1; thence South it degrees 00 minutes 00 seconds East, assumed bearing, along the East line of said Lot 1, a distance of 87.26 feet to the paint of beginning of said easement to be described; thence North 82 degrees 54 minutes 42 seconds West, 38.79 feet; thence South 16 degrees 27 minutes 12 seconds East, 44.60 feet; thence South 38 degrees 56 minutes 40 seconds East, 43.55 feet; thence North 79 degrees 00 minutes 00 seconds East, 37.03 feet to said East line of Lot 1; thence northerly along said East line of Lot 1 to the point of beginning. Excepting therefrom the East 10.00 feet of said Lot 1 Said easement contains 32.785 sq. ft. I hereby certify that this survey, plan or report was prepared by me or under my direct supervision and that I am a duly licensed land surveyor under the laws of the State of Minnesota. Dated this 7th day of December. 2020. Signed: dean Mc In Inc. By Peter J. Blomquist,.Reg. No. 51676 ® CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 067-23 MOTION by Councilmember Barthel to adopt the following: A RESOLUTION ORDERING IMPROVEMENT AND DIRECTING PREPARATION OF PLANS AND SPECIFICATIONS FOR THE IMPROVEMENT OF PROJECT NOS. 23-13 WM IMPROVEMENTS - CROSSTOWN BLVD. NW (RR TRACKS TO 158TH AVE. NW) ANDOVER BLVD. NW (VALE ST. NW TO PRAIRIE RD. NW) - PRAIRIE RD. NW (ANDOVER BLVD. NW TO 157TH AVE: NW) & 23-12A, CROSSTOWN BLVD. NW TRAIL - XEON ST. NW TO PRAIRIE RD. NW. WHEREAS, the City Council is cognizant of the need for the improvements; and NOW, THEREFORE BE IT RESOLVED by the City Council to order the improvement o Projects 23-13, WM Improvements - Crosstown Blvd. NW (RR Tracks to NW to Prairie Rd. NW; and © BE IT FURTHER RESOLVED by the City Council to hereby direct Bolton & Menk, Inc. to prepare the plans and specifications for such improvement project. MOTION seconded by Councilmember Engelhardt and adopted by the City Council at a regular meeting this 3rd day of October 2023, with Councilmembers Barthel, Engelhardt, Nelson, Butler, Bukkila voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ATTEST: C. Sheri Bar ckila Mayor Vlich Ile Hartner— Deputy City Clerk u CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA © RES. NO.066-23 MOTION by Councilmember Barthel to adopt the following: A RESOLUTION DECLARING COSTS AND DIRECTING PREPARATION OF THE ASSESSMENT ROLL FOR THE IMPROVEMENT OF PROJECT NOS. 23-11 (A-L) 2023 MILL & OVERLAYS, 23-15 2023 MILL & OVERLAY — PRAIRIE ROAD, AND 23-16 2023 MILL & OVERLAY — ANDOVER BOULEVARD. THE CITY COUNCIL OF THE CITY OF ANDOVER HEREBY RESOLVES: WHEREAS, the final construction costs for the improvements amount to $1,823,021.20, the expenses incurred or to be incurred in the making of such improvements amount to $283,162.79 so that the total project costs of the improvements are $2,106,183.99. 1. NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Andover, MN: The portion of the cost of such improvement to be paid by the City is hereby declared to be $1,663,556.35, and the amount to be assessed against benefited property owners is declared to be $442,627.64 . 2. Assessments shall be payable in equal annual installments extending over a period of 8 years. The first of the installments to be payable on or before the 1 st Monday in January © 2024, and shall bear interest at the rate of 4.5 percent per annum from the date of the adoption of the assessment resolution. 3. The City Clerk, with the assistance of the City Engineer shall forthwith calculate the proper amount to be specially assessed for such improvement against every assessable lot, piece or parcel of land within the district affected, without regard to cash valuation, as provided by law, and she shall file a copy of such proposed assessment in her office for public inspection. 4. The Clerk shall, upon the completion of such proposed assessment, notify the Council thereof. MOTION seconded by Councilmember Engelhardt and adopted by the City Council at a regular meeting this 31 day of October , 2023, with Councilmembers Barthel, Engelhardt, Nelson, Butler, Bukkila voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. C CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA © RES. NO.065-23 MOTION by Councilmember Barthel to adopt the following: A RESOLUTION DECLARING COSTS AND DIRECTING PREPARATION OF THE ASSESSMENT ROLL FOR THE IMPROVEMENT OF PROJECT NO. 23-17, 2023 FULL DEPTH RECLAMATION. THE CITY COUNCIL OF THE CITY OF ANDOVER HEREBY RESOLVES: WHEREAS, the final construction costs for the improvement amount to $3,197,350.17, the expenses incurred or to be incurred in the making of such improvement amount to $279,920.43 so that the total project costs of the improvement are $3,477,270.60 . 1. NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Andover, MN: The portion of the cost of such improvement to be paid by the City is hereby declared to be $2,711,920.44, and the amount to be assessed against benefited property owners is declared to be $765,350.16 . 2. Assessments shall be payable in equal annual installments extending over a period of 8 years. The first of the installments to be payable on or before the 1 st Monday © in January 2024, and shall bear interest at the rate of 4.5 percent per annum from the date of the adoption of the assessment resolution. 3. The City Clerk, with the assistance of the City Engineer shall forthwith calculate the proper amount to be specially assessed for such improvement against every assessable lot, piece or parcel of land within the district affected, without regard to cash valuation, as provided by law, and she shall file a copy of such proposed assessment in her office for public inspection. 4. The Clerk shall, upon the completion of such proposed assessment, notify the Council thereof. MOTION seconded by Councilmember Engelhardt and adopted by the City Council at a regular meeting this 31 day of October , 2023, with Councilmembers Barthel, Rngelhardt, Nelson, Butler. Bukkila voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF © ATTEST: I n Hartner— Deputy City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA © RES. NO.064-23 MOTION by Councilmember Barthel to adopt the following: A RESOLUTION DECLARING COSTS AND DIRECTING PREPARATION OF THE ASSESSMENT ROLL FOR THE IMPROVEMENT OF PROJECT NO. 23-02, 2023 STREET RECONSTRUCTION. THE CITY COUNCIL OF THE CITY OF ANDOVER HEREBY RESOLVES: WHEREAS, the final construction costs for the improvement amount to $897,661.46, the expenses incurred or to be incurred in the making of such improvement amount to $200,779.22 so that the total project costs of the improvement are $1,098,440.68. 1. NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Andover, MN: The portion of the cost of such street improvements to be paid by the City is hereby declared to be $652,743.40, and the street related amount to be assessed against benefited property owners is declared to be $217,567.46 . 2. The portion of the cost of such sanitary sewer and water main improvements to be paid by the City hereby declared to be $228,129.82 with such costs to be assessed to benefitting properties at a future date if/when they petition to hook up to City utilities with such costs to © be identified in the City's fee schedule. 3. Assessments shall be payable in equal annual installments extending over a period of 8 years. The first of the installments to be payable on or before the 1 st Monday in January 2024, and shall bear interest at the rate of 4.5 percent per annum from the date of the adoption of the assessment resolution. 4. The City Clerk, with the assistance of the City Engineer shall forthwith calculate the proper amount to be specially assessed for such improvement against every assessable lot, piece or parcel of land within the district affected, without regard to cash valuation, as provided by law, and she shall file a copy of such proposed assessment in her office for public inspection. 5. The Clerk shall, upon completion of such proposed assessment, notify the Council thereof. MOTION seconded by Councilmember Engelhardt and adopted by the City Council at a regular meeting this 3rd day of October , 2023, with Councilmembers Barthel, Engelhardt, Butler, Nelson, Bukkila voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER © ATTEST: is elle Hartner-Deputy City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA © RES. NO. 063-23 MOTION by Councilmember Barthel to adopt the following: A RESOLUTION DECLARING COSTS AND DIRECTING PREPARATION OF THE ASSESSMENT ROLL FOR THE IMPROVEMENT OF PROJECT NO. 21-39, TULIP STREET NW & 161ST AVENUE NW RECONSTRUCTION. THE CITY COUNCIL OF THE CITY OF ANDOVER HEREBY RESOLVES: WHEREAS, the final construction costs for the improvement amount to $1,042,692.78, the expenses incurred or to be incurred in the making of such improvement amount to $233,989.03 so that the total project costs of the improvement are $1,276,681.81 . 1. NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Andover, MN: The portion of the cost of such improvement to be paid by the City is hereby declared to be $1,033,412.59, the amount to be paid by Anoka County is hereby declared to be $92,521.65, and the amount to be assessed against benefited property owners is declared to be $150,747.57 . 2. Assessments shall be payable in equal annual installments extending over a period of 8 years. The first of the installments to be payable on or before the 1 st Monday in January 2024, and shall bear interest at the rate of 4.5 percent per annum from the date of the adoption of the assessment resolution. 3. The City Clerk, with the assistance of the City Engineer shall forthwith calculate the proper amount to be specially assessed for such improvement against every assessable lot, piece or parcel of land within the district affected, without regard to cash valuation, as provided by law, and she shall file a copy of such proposed assessment in her office for public inspection. 4. The Clerk shall, upon the completion of such proposed assessment, notify the Council thereof. MOTION seconded by Councilmember Engelhardt and adopted by the City Council at a regular meeting this 3m day of October , 2023, with Councilmembers Barthel, Engelhardt, Nelson, Butler, Bukkila voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. r CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA A RESOLUTION ADOPTING THE CITY OF ANDOVER 2024 - 2028 CAPITAL IMPROVEMENT PLAN. WHEREAS, the preparation and adoption of capital improvement plans is recognized as sound financial practice; and WHEREAS, the City of Andover has the responsibility to appropriately and efficiently manage the public's funds; and WHEREAS, the City of Andover has the responsibility to appropriately and efficiently manage the public's infrastructure and equipment; and NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Andover hereby adopts the 2024 - 2028 City of Andover Capital Improvement Plan. Adopted by the City of Andover this 19" day of September 2023. CITY OF ANl_ ATTEST: - heri Bu cila - ayor Mic elle Hartner — Deputy City Clerk H STATE OF MINNESOTA) OCOUNTY OF ANOKA) CITY OF ANDOVER) I, the undersigned, being the duly qualified and acting City Clerk of the City of Andover, Minnesota, do hereby certify that I have carefully compared the attached Resolution No. R062-23 adopting the City of Andover 2024 - 2028 Capital Improvement Plan with the original record thereof preserved in my office, and have found the same to be true and correct transcript of the whole thereof. IN TESTIMONY WHEREOF, I have hereunto subscribed my hand this 19's day of September 2023. N Micl lle Hartner —Deputy City Clerk © CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 061-23 MOTION by Councilmember Butler to adopt the following A RESOLUTION APPROVING CHANGE ORDER #1 TO PROJECT NO. 21-39, 161ST AVENUE NW & TULIP STREET NW RECONSTRUCTION. WHEREAS, the City of Andover has a contract for Project No. 21-39, 1615t Avenue NW & Tulip Street NW Reconstruction with North Valley Inc. of Nowthen, MN. NOW THEREFORE, BE IT RESOLVED by the City Council of Andover to hereby approve Change Order #1 for Project No. 21-39. Adopted by the City Council of the City of Andover this 19th day of September .2023. CITY OF ANDOVER ATTEST: Sheri Brukkila - ayor is Ile Harmer— Deputy City Clerk u CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R060-23 MOTION by Councilmember Butler to adopt the following: A RESOLUTION ACCEPTING A CONTRIBUTION MADE TO THE CITY OF ANDOVER TO BE USED TOWARDS THE ACCEPTANCE OF A FIRE PREVENTION & SAFETY (FPS) GRANT RELATED TO THE FIRE PREVENTION, EDUCATION, AND OUTREACH EFFORTS OF THE FIRE DEPARTMENT BY PROVIDING FIRE EXTINGUISHER USE AND SAFETY OPERATIONAL BEST PRACTICES. WHEREAS, any contributions that are to be made to the City of Andover must be accepted by the City Council; and WHEREAS, the $34,503.18 contribution from FEMA is to be used towards the purchase of equipment, supplies, contractual components for training curriculum and Train -the -Trainer time for initial instruction. NOW, THEREFORE BE IT RESOLVED by the City Council to hereby accept the © contribution, which is to be used towards Fire Prevention & Safety (FPS). MOTION seconded by Councilmember Barthel and adopted by the City Council at a regular meeting this 1 gt" day of September 2023, with Councilmembers Bukkila, Barthel, Butler, Engelhardt and Nelson voting in favor of the resolution, and Councilmembers None voting against, whereupon said resolution was declared passed. ATTEST: { .. Mic elle Hartner - Deputy City Clerk E CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA a RES. NO. R059-23 A RESOLUTION UPDATING CERTIFIED BONDED INDEBTEDNESS FOR 2024. WHEREAS, the preparation and adoption of budgets is recognized as sound financial practice; and WHEREAS, the City of Andover has the responsibility to appropriately and efficiently manage the public's funds; and WHEREAS, the City of Andover has determined that it is prudent to update certified bonded indebtedness levies for 2024; and WHEREAS, the Anoka County Property Records and Taxation Division is requiring a City Council resolution updating bonded indebtedness levies that would have been certified to Anoka County as part of prior year bond sales. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Andover hereby updates all or a portion of previously certified bonded indebtedness levies for 2024 as listed on Attachment A. Adopted by the City of Andover this 5th day of September 2023. ATTEST: Mic elle Hartner — Deputy City Clerk CITY • *y�®r— STATE OF MINNESOTA) © COUNTY OF ANOKA CITY OF ANDOVER I, the undersigned, being the duly qualified and acting City Clerk of the City of Andover, Minnesota, do hereby certify that I have carefully compared the attached Resolution No. R059-23 adopting the City of Andover updates of all or a portion of previously certified bonded indebtedness levies for 2024 with the original record thereof preserved in my office, and have found the same to be true and correct transcript of the whole thereof. IN TESTIMONY WHEREOF, I have hereunto subscribed my hand this 5'i' day of September 2023. Michelle Hartner — Deputy City Clerk u u CITY OF ANDOVER 2024 Proposed Levy Certification Debt Changes r�I L C C County Levy City Levy Levy GENERAL OBLIGATION DEBT Scheduled Scheduled Changes Variance Explanation 70 2012C GO Taxable Abatement Bonds $ 1,283,015 $ 973,650 $ 309,365 Meet bona fide debt service requirements 74 2018A GO Capital Improvement Plan Bonds 658,094 612,794 45,300 Meet bona fide debt service requirements 75 2019A GO Taxable Abatement Bonds 1,178,783 1,028,783 150,000 Meet bona fide debt service requirements 77a 2021A GO Street Reconstruction Bonds 1,001,658 651,658 350,000 Meet bona fide debt service requirements 77b 2021A GO Equipment Certificate 172,830 174,825 (1,995) Meet bona fide debt service requirements 2024 GO Equipment Certificate 450,000 (450,000) New Issuance Total $ 4,294,380 $ 3,891,710 $ 402,670 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA © RES. NO. R058-23 A RESOLUTION ADOPTING THE CITY OF ANDOVER 2024 PROPOSED PROPERTY TAX LEVY TO BE CERTIFIED TO THE COUNTY AUDITOR. WHEREAS, the preparation and adoption of operating budgets is recognized as sound financial practice; and WHEREAS, the City of Andover receives significant financial support from its residents through the payment of property taxes; and WHEREAS, the City of Andover has the responsibility to appropriately and efficiently manage the public's funds; and WHEREAS, Minnesota State Law requires the City to certify to the County Auditor a.proposed tax levy prior to October 2, 2023. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Andover hereby adopts the proposed 2024 property tax levy totaling $18,097,274 as listed on Attachment A. Adopted by the City of Andover this 5th day of September 2023. CITY OF ANDOME ® ATTEST:- 4eri Bu -Ma is Ile Harmer — Deputy City VCle�rk C 0 C E STATE OF MINNESOTA) COUNTY OF ANOKA ) CITY OF ANDOVER ) I, the undersigned, being the duly qualified and acting City Clerk of the City of Andover, Minnesota, do hereby certify that I have carefully compared the attached Resolution No. R058-23 adopting the 2024 Proposed Property Tax Levy with the original record thereof preserved in my office, and have found the same to be true and correct transcript of the whole thereof. IN TESTIMONY WHEREOF, I have hereunto subscribed my hand this 51h day of September 2023. Michelle Hartner — Deputy City Clerk u CITY OF ANDOVER, MINNESOTA Attachment 2024 Property Tax Levy Proposed 2024 Levy General Fund Levy General Operations $ 11,341,126 Community Center Operations 155,000 Park Repair/Replacement Items 235,000 Total General Fund 11,731,126 Debt Service Funds Levy 2012C Taxable G.O. Abatement Bonds 973,650 2018A G.O. Capital Improvement Plan Bonds 612,794 2019A Taxable G.O. Abatement Bonds 1,028,783 2021A G.O. Equipment Certificate 174,825 2021A G.O. Street Reconstruction Bonds 651,658 2024 G.O. Equipment Certificate 450,000 Total Debt Service 3,891,710 Other Levies Capital Projects Levy Capital Equipment/Project 300,000 Facility Maintenance Reserve 355,000 Parks Projects 15,000 Road & Bridge 1,651,822 Pedestrian Trail Maintenance 112,616 Lower Rum River Watershed 40,000 Total Other 2,474,438 Gross City Levy $ 18,097,274 © CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R057-23 A RESOLUTION APPROVING THE PRELIMINARY PLAT OF "Legacy at Petersen Farms" FOR PROPERTY LEGALLY DESCRIBED AS; The South Half of the Southwest Quarter of Section 7, Township 32, Range 24, Anoka County, Minnesota. Except that part of said South Half of the Southwest Quarter described as follows; Commencing at the northeast corner of said South Half of the Southwest Quarter; thence on an assumed bearing of South 89 degrees 52 minutes 15 seconds West, along the north line of said Southeast Quarter of the Southwest Quarter, a distance of 975.88 feet; thence South 04 degrees 29 minutes 59 seconds West a distance of 231.03 feet; thence South 85 degrees 30 minutes 01 seconds East a distance of 240.00 feet; thence South 04 degrees 29 minutes 59 seconds West a distance of 778.17 feet to the Point of Beginning of the property to be described; thence South 89 degrees 46 minutes 20 seconds West a distance of 59.68 feet; thence South 00 degrees 14 minutes 21 seconds East a distance of 225.28 feet to the northerly right of way line of ANOKA COUNTY HIGHWAY RIGHT OF WAY PLAT NO.4; thence North 89 degrees 46 minutes 20 seconds East along said right of way line, a distance of 17.47 feet; thence easterly along said right of way line and also along a tangential curve, concave to the south, said curve having a radius of 1152.20 feet and a central angle of 12 degrees 25 minutes 43 seconds, for a distance of 249.94 feet; thence North 89 degrees 46 minutes 20 seconds East, not tangent to said curve and along said right of way line, a distance of 252.89 feet; thence North 00 degrees 16 minutes 59 seconds West a distance of 127.20 feet; thence North 56 degrees 58 minutes 11 seconds West a distance of 228.08 feet; thence South 89 degrees 46 minutes 20 seconds West a distance of 267.85 feet to the Point of Beginning. Also excepting that part of said South Half of the Southwest Quarter lying northerly, easterly and northeasterly of a line described as follows: Commencing at the southeast comer of said South Half of the Southwest Quarter; thence North 00 degrees 37 minutes 23 seconds West, assumed bearing, along the East line of said South Half of the Southwest Quarter a distance of 493.90 feet to the Point of Beginning of the property to be described; thence northwesterly a distance of 250.89 feet along a non -tangential curve concave to the North having a radius of 455.00 feet, a central angle of 31 degrees 35 minutes 38 seconds, a chord length of 247.73 feet and a chord bearing of North 80 degrees 06 minutes 33 seconds West; thence North 00 degrees 00 minutes 00 seconds East a distance of 513.77 feet; thence North 51 degrees 54 minutes 00 seconds West a distance of 417.52 feet to a point on the North line of said South Half of the Southwest Quarter, distant 563.74 feet west of the northeast corner of said South Half of the Southwest Quarter and there terminating. Also Excepting that part of said South Half of the Southwest Quarter described as Commencing at the northeast corner of said South Half of the Southwest Quarter; thence on an assumed bearing of South 89 degrees 52 minutes 15 seconds West, along the north line of said Southeast Quarter © of the Southwest Quarter, a distance of 975.88 feet; thence South 04 degrees 29 minutes 59 seconds West a distance of 231.03 feet; thence South 85 degrees 30 minutes 01 seconds East a distance of 240.00 feet; thence South 04 degrees 29 minutes 59 seconds West a distance of 778.17 feet; thence South 89 degrees 46 minutes 20 seconds West a distance of 59.68 feet; thence South 00 degrees 14 minutes 21 seconds East a distance of 225.28 feet to the northerly right of way line of ANOKA COUNTY HIGHWAY RIGHT OF WAY PLAT NO.4; thence South 89 degrees 46 minutes 20 seconds West along said right of way line a distance of 690.75 feet to the point of beginning of the property to be described; thence North 00 degrees 13 minutes 54 seconds West a distance of 231.76 feet; thence North 39 degrees 55 minutes 46 seconds East a distance of 313.07 feet; thence South 52 degrees 46 minutes 42 seconds East a distance of 266.17 feet; thence northeasterly 59.30 feet along a non -tangential curve concave to the southeast having a radius of 325.00 feet and a central angle of 10 degrees 27 minutes 18 seconds and a chord bearing of North 42 degrees 26 minutes 57 seconds East; thence North 47 degrees 40 minutes 36 seconds East, tangent to last described curve a distance of 173.75 feet; thence North 42 degrees 54 minutes 56 seconds West 396.30 feet; thence North 86 degrees 38 minutes 14 seconds West 443.22 feet; thence southwesterly 242.80 feet along a non -tangential curve concave to the west having a radius of 855.00 feet and a central angle of 16 degrees 16 minutes 15 seconds and a chord bearing of South 21 degrees 46 minutes 39 seconds West; thence North 60 degrees 05 minutes 13 seconds West, not tangent to last described curve, a distance of 50.00 feet; thence South 29 degrees 54 minutes 47 seconds West a distance of 72.10 feet; thence southwesterly a distance 116.04 feet along a tangential curve concave to the west having a radius of 275.00 feet and a central angle of 24 degrees 10 minutes 39 seconds; thence North 38 degrees 15 minutes 24 ® seconds West, not tangent to last described curve, a distance of 527.74 feet; thence North 09 degrees 26 minutes 21 seconds West a distance of 297.54 feet; thence North 45 degrees 52 minutes 15 seconds East a distance of 147.35 feet to a point on the North line of said South Half of the Southwest Quarter, said point being 2213.14 feet west of said northeast corner of the South Half of the Southwest Quarter as measured along the North line of said South Half of the Southwest Quarter; thence South 89 degrees 52 minutes 15 seconds West along said north line of said South Half of the Southwest Quarter a distance of 569.33 feet to the east line of ANOKA COUNTY HIGHWAY RIGHT OF WAY PLAT NO.4; thence South 00 degrees 10 minutes 26 seconds West along said right of way line a distance of 435.62 feet; thence southerly a distance of 189.16 feet along said right of way and a tangential curve to the left with a radius of 1032.20 feet and a central angle of 10 degrees 30 minutes 00 seconds; thence a distance of 918.79 feet along said right of way and a tangential compound curve to the left with a radius of 758.53 feet and a central angle of 69 degrees 24 minutes 03 seconds; thence a distance of 189.16 feet along said right of way and a tangential compound curve to the left with a radius of 1032.20 feet and central angle of 10 degrees 30 minutes 00 seconds; thence North 89 degrees 46 minutes 20 seconds East tangent to last described curve and along said right of way line a distance of 402.65 feet to the Point of Beginning. Also Except all that part of the Southwest Quarter of the Southwest Quarter of Section 7, Township 32, Range 24, that lies southerly and westerly of County State Aid Highway No. 7. And also Except Parcel 8 as shown on ANOKA COUNTY HIGHWAY RIGHT OF WAY PLAT NO. 4. AND © The North Half of the Southwest Quarter of Section 7, Township 32, Range 24. Except that part of said North Half of the Southwest Quarter described as follows: Beginning at the southeast corner of said North Half of the Southwest Quarter; thence South 89 degrees 52 minutes 15 seconds West, assumed bearing, along the south line of said North Half of the Southwest Quarter, a distance of 563.74 feet; thence North 02 degrees 09 minutes 06 seconds West a distance of 366.16 feet; thence North 42 degrees 15 minutes 47 seconds West a distance of 150.67 feet; thence North 50 degrees 50 minutes 49 seconds West a distance of 239.20 feet; thence North 27 degrees 50 minutes 36 seconds East a distance of 574.09 feet; thence South 79 degrees 45 minutes 31 seconds East a distance of 167.87 feet; thence South 62 degrees 37 minutes 08 seconds East a distance of 276.17 feet; thence North 27 degrees 22 minutes 52 seconds East a distance of 372.95 feet to the northeast corner of said North Half of the Southwest Quarter; thence South 00 degrees 37 minutes 23 seconds East, along the East line of said North Half of the Southwest Quarter a distance of 1309.18 feet to the Point of Beginning. Also except that part of said North Half of the Southwest Quarter described as follows: Commencing at the southeast corner of said North Half of the Southwest Quarter thence on an assumed bearing of South 89 degrees 52 minutes 15 seconds West along the south line of said North Half of the Southwest Quarter a distance of 2213.14 feet to the Point of Beginning of the property to be described; thence North 45 degrees 52 minutes 15 seconds East a distance of 410.01 feet; thence North 01 degrees 45 minutes 00 seconds West a distance of 337.80 feet, thence 55 degrees 30 minutes 00 seconds East a distance of 151.86 feet, thence South 69 degrees 02 minutes 17 seconds East a distance of 185.51 feet; thence South 63 degrees 12 © minutes 57 seconds East a distance of 142.33 feet; thence South 85 degrees 09 minutes 46 seconds East a distance 175.66 feet; thence North 20 degrees 56 minutes 01 seconds West a distance of 436.29 feet; thence North 29 degrees 58 minutes 14 seconds East a distance of 394.93 feet to the North line said North Half of the Southwest Quarter; thence South 89 degrees 58 minutes 14 seconds West, along said North line, a distance of 1491.19 feet to the easterly right of way line of ANOKA COUNTY HIGHWAY RIGHT OF WAY PLAT NO.4; thence South 00 degrees 10 minutes 26 seconds West along said right of way line a distance of 1313.96 to the South line of said North Half of the Southwest Quarter; thence North 89 degrees 52 minutes 15 seconds East a distance of 569.33 to the Point of Beginning. And also Except Parcel 8 as shown on ANOKA COUNTY HIGHWAY RIGHT OF WAY PLAT NO. 4. WHEREAS, Landform on behalf of JD Andover Holdings has requested approval of a preliminary plat for Legacy at Petersen Farms; and WHEREAS, the Andover Review Committee has reviewed the preliminary plat; and WHEREAS, pursuant to published and mailed notice thereof, the Planning Commission has conducted a public hearing on said plat; and WHEREAS, as a result of such public hearing, the Planning Commission recommends approval of the preliminary plat to the City Council; and ® NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby agrees with the recommendation of the Planning and Zoning Commission and approves the Preliminary Plat of © Legacy at Petersen Farms with the following conditions: 1. City of Andover staff comments dated July 24, 2023 including attachments, Lower Rum River Watershed Management Organization comments, and Anoka County Highway Department comments shall be satisfactorily addressed prior to any grading of the site. The Andover Engineering Department will determine when all items have been addressed. 2. The applicant shall be responsible for the cost of construction of all improvements proposed as a part of the preliminary plat. 3. Temporary cul-de-sac easement(s) shall be provided. Separate documents shall be required for each temporary cul-de-sac easement on each lot, to be recorded with the final plat. 4. Vehicle Maintenance Access (VMA) Easements shall be provided. Separate documents shall be required for each VMA on each lot, to be recorded with the final plat. 5. Emergency Vehicle Access Easements shall be provided. Separate documents for each location shall be required, to be recorded with the final plat. 6. Prior to final plat recording at Anoka County, a development agreement acceptable to the City Attorney must be executed by the Developer. 7. Future lots shall be platted. 8. Any CR 7 improvements shall be constructed as approved by Anoka County Highway Department. Adopted by the City Council of the City of Andover this 15th day of August. 2023. ATTEST-' Mic elle Hartner, City Clerk E CITY OF AND i © CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R056-23 A RESOLUTION GRANTING AN INTERIM USE PERMIT AMENDMENT FOR EXTENDING THE TIME FOR THE REMOVAL OF A SUBORDINATE CLASSROOM STRUCTURE ON PROPERTY LOCATED AT 13655 ROUND LAKE BOULEVARD (PIDs 34-32-24-42-0009 AND 33-32-24-42-0007) AND LEGALLY DESCRIBED AS That part of the West 445.02 feet of the Northwest Quarter of the Southeast Quarter of Section 32, Township 32, Range 24, in Anoka County, Minnesota, which lies North of the North line of 136th Lane Northwest as laid out and platted in the Plat of Chapman's Second Addition, excepting therefrom the West 60 feet. That part of the East 288 feet of the West 733.02 feet of the Northwest Quarter of the Southeast Quarter of Section 32, Township 32, Range 24 in Anoka County, Minnesota, which lies North of the North line of 136th Lane Northwest as laid out and platted in the Plats of Chapman's Second and Third Additions. Except the North 60 feet of the East 673.02 feet of the West 733.02 feet of the Northwest Quarter of the Southeast Quarter of Section 32, Township 32, Range 24, Anoka County, Minnesota. And also except Parcels 22 and 23, Anoka County Highway Right —of —Way Plat No. 47 according to the mop or plat thereof on file and of record in the office of the Anoka County Recorder. WHEREAS, Grace Lutheran Church requested an interim use permit amendment for a one-year extension on the removal of the subordinate classroom structure, and; WHEREAS, the Planning and Zoning Commission held a public hearing on August 8, 2023; and, WHEREAS, the Planning and Zoning Commission finds the request: 1. Will not create an excess burden on parks, streets, and other public facilities; 2. Will not be injurious to the surrounding neighborhood or otherwise harm the public health, safety, and general welfare; 3. Will not have a negative effect on the values of property and scenic views; 4. Will not impose additional unreasonable costs on the public; 5. Will be subjected to, by agreement with the owner, any conditions that the City Council has deemed appropriate for the permission of the use, including a condition that the owner may be required to provide appropriate financial surety to cover the cost of removing the interim use and any interim structures upon the expiration of the interim use permit. WHEREAS, the Planning and Zoning Commission recommends to the City Council approval of the interim use permit. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby © approves the interim use permit to allow for extending the time for the removal of the subordinate classroom structure(s) on property located at 13655 Round Lake Blvd with the following conditions: ® 1. The amended Interim Use Permit shall expire on December 31, 2024. 2. The subordinate classroom structures shall be removed within 90 days after a certificate of occupancy is issued for the remodel and expansion project or by December 31, 2024, whichever shall first occur. 3. Upon the issuance of the Interim Use Permit amendment, the Building Department shall perform an inspection of the subordinate classroom structure. 4. If the subordinate classroom structure does not pass inspections by the Building Department and/or Fire Department and the applicant is unable or unwilling to make the required improvements, the Interim Use Permit may be revoked. Adopted by the City Council of the City of Andover on this 151h day of CITY OF ANDOVER ATTEST: M hehelle Harmer, Deputy City Clerk lJ N © CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R055-23 A RESOLUTION DENYING VARIANCES FOR THE PROPERTY LOCATED AT 14358 BUTTERNUT ST NW; PID# 25-32-24-41-0073 LEGALLY DESCRIBED AS FOLLOWS: LOT 12, BLOCK 1, SHADOWBROOK NORTH WHEREAS, Joseph & Kaitlin Sullivan are the owners of a parcel of land located at 14358 Butternut St NW, Andover, Minnesota with Parcel ID Number 25-32-24-41-0073; and, WHEREAS, Joseph & Kaitlin Sullivan have applied to the City for a variance to the rear yard setback on the subject property; and, WHEREAS, the proposal would vary from City Code 12-3-5: Minimum District Requirements in that it would decrease the rear yard setback from 30 feet to 27 feet; and, WHEREAS, the Andover Review Committee has reviewed the variance requests; and, ® WHEREAS, pursuant to published and mailed notice thereof, the Planning and Zoning Commission held a public hearing on July 25, 2023; WHEREAS, the Planning and Zoning Commission recommends to the City Council denial of the variance request; and, WHEREAS, the City Council completed a review of the variance request along with the recommendation of the Planning and Zoning Commission; and, WHEREAS, the City Council agrees with the recommendation of the Planning and Zoning Commission and denies the variance request to reduce the rear yard setback from 30 feet to 27 feet; and, WHEREAS, based on the criteria for granting a variance under City Code 12-15-9, the City Council finds the following findings of fact to support the denial of the variance requests: 1. The applicant was an active participant in decisions affecting the design and construction of their home, including the decision to set their home farther back into the lot, therefore constituting a circumstance created by the landowner. 2. The practical difficulties for which a variance is being sought only arise as a result of the landowners' request to build an addition that does not meet City Code requirements rather than some circumstance unique to their property. © 3. The applicant has the ability to construct an approximately 9-foot addition onto the rear of their home that would meet City Code requirements. © 4. Because the home is set farther back into the lot than typical, additional space may exist on the front of the home to construct an addition. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby denies the variance request to reduce the rear yard setback from 30 feet to 27 feet. Adopted by the City Council of the City of Andover this 15`h day of August, 2023. CITY OF ANDOVER Mi elle Harter, City Clerk 101 C CITY OF ANDOVER ® COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 054-23 MOTION by Councilmember Nelson to adopt the following: A RESOLUTION APPROVING CHANGE ORDER #2 TO PROJECT NO. 23-17, 2023 FULL DEPTH RECLAMATION. WHEREAS, the City of Andover has a contract for Project Nos. 23-02, 2023 Street Reconstruction / 23-08, 2023 Curb, Sidewalk & Pedestrian Ramp Repairs / 23-17, 2023 Full Depth Reclamation with North Valley Inc. of Nowthen, MN. NOW THEREFORE, BE IT RESOLVED by the City Council of Andover to hereby approve Change Order #2 for Project No. 23-17. Adopted by the City Council of the City of Andover this 15t" day of August , 2023. © CITY OF ANDOVER ATTEST: he di uk "a - Ma 'Mic elle Hartner— Deputy City Clerk n CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R053-23 A RESOLUTION GRANTING AN INTERIM USE PERMIT FOR EXTENDING THE TIME FOR THE REMOVAL OF A SUBORDINATE CLASSROOM STRUCTURE ON PROPERTY LOCATED AT 16045 NIGHTINGALE STREET NW (PIN 15-32-24-42-0006) THAT PRT OF NWl/4 OF SETA OF SEC 15 TWP 32 RGE 24 LYG SLY OF SLY R/W LINE OF CSAH NO 20 & LYG NWLY OF FOL DESC LINE: BEG AT A PT ON W LINE OF SD 1/4 1/4 663 FT S OF NW COR THEREOF, TH E PRLL/W N LINETHEREOF 402 FT, TH NELY TO A PT ON SD SLY R/W LINE 300 FT WLY OF E LINE OF SD 1/4 1/4 & THERE TERM, EX RD, SUBJ TO EASE OF REC, Anoka County, Minnesota. WHEREAS, Andover Christian Church requested an interim use permit amendment for the use of subordinate classrooms for an 18-month extension on the removal of the subordinate classroom structure granted by a past interim use permit, and; WHEREAS, the Planning and Zoning Commission held a public hearing on July 25, 2023; and, © WHEREAS, the Planning and Zoning Commission finds the request: 1. Will not create an excess burden on parks, streets, and other public facilities; 2. Will not be injurious to the surrounding neighborhood or otherwise harm the public health, safety, and general welfare; 3. Will not have a negative effect on the values of property and scenic views; 4. Will not impose additional unreasonable costs on the public; 5. Will be subjected to, by agreement with the owner, any conditions that the City Council has deemed appropriate for the permission of the use, including a condition that the owner may be required to provide appropriate financial surety to cover the cost of removing the interim use and any interim structures upon the expiration of the interim use permit. WHEREAS, the Planning and Zoning Commission recommends to the City Council approval of the interim use permit. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby approves the interim use permit to allow for extending the time for the removal of the subordinate classroom structure(s) on property located at 16045 Nightingale Street NW with the following conditions: 1. The Interim Use Permit shall expire in 18 months, on February 28, 2025, at which ® time the temporary structures shall be removed 2. Upon the issuance of the Interim Use Permit, the Building and Fire Departments shall © perform an inspection of the subordinate classroom structure. 3. If the subordinate classroom structures do not pass inspections by Andover Fire and Building Departments, the structures shall be brought into compliance or the Interim Use Permit may be revoked. Adopted by the City Council of the City of Andover on this 3 1 " Day of CITY OF ANDOVER ATTEST': C _ -lye is e le Harmer, Deputy City Clerk H C CITY OF ANDOVER ® COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R052-23 MOTION by Councilmember Nelson to adopt the following: A RESOLUTION RELATING TO FINANCING OF CERTAIN PROPOSED PROJECTS TO BE UNDERTAKEN BY THE CITY OF ANDOVER ESTABLISHING COMPLIANCE WITH REIMBURSEMENT BOND REGULATIONS UNDER THE INTERNAL REVENUE CODE. WHEREAS, the Internal Revenue Service has issued Section 1.103-18 of the Income Tax Regulations (the "Regulations") dealing with the issuance of bonds, all or a portion of the proceeds of which are to be used to reimburse the City for project expenditures made by the City prior to the time of the issuance of the bonds; and WHEREAS, the Regulations generally require that the City make a prior declaration of its official intent to reimburse itself for such prior expenditures out of the proceeds of a subsequently issued borrowing, that the borrowing occur and the reimbursement allocation be made from the proceeds of such borrowing within one year of the payment of the expenditure or, if longer, within one year of the date the project is placed in service, and that the expenditure be a capital expenditure; and WHEREAS, the City desires to comply with requirements of the Regulations with respect to certain projects hereinafter identified; ® NOW THEREFORE BE IT RESOLVED that the City of Andover, Minnesota adopts a "declaration of official intent" pursuant to Section 1.103-18 of the Regulations. 1. Official Intent Declaration (a) The City proposes to undertake the following projects described on Exhibit A attached hereto. (b) Other than (i) expenditures to be paid or reimbursed from sources other than a borrowing or (ii) expenditures permitted to be reimbursed pursuant to the transition provision of Section 1.103-18(1)(2) of the Regulations or (iii) expenditures constituting preliminary expenditures as defined in Section 1.103(1)(2) of the Regulations, no expenditures for the foregoing projects as identified on Exhibit A have heretofore been made by the City and no expenditures will be made by the City until after the date of this Resolution. (c) The City reasonably expects to reimburse the City expenditures made for costs of designated projects out of the proceeds of debt (the "Bonds") to be incurred by the City after the date of payment of all or a portion of the costs. All reimbursed expenditures shall be capital expenditures as defined in Section 1.150-1(h) of the Regulations. (d) This declaration is a declaration of official intent adopted pursuant to Section 1.103-18 of the Regulations. ® 2. Budgetary Matters. As of the date hereof, there are no City funds reserved, allocated on a long- term basis or otherwise, set aside (or reasonably expected to be reserved, allocated on a long- term bases or otherwise set aside) to provide permanent financing for the expenditures related to the projects, other than pursuant to the issuance of the Bonds. This resolution, therefore, is determined to be consistent with the City's budgetary and financial circumstances as they exist or are reasonably foreseeable on the date hereof, all within the meaning and content of the © Regulations. 3. Filing. This resolution shall be filed within 30 days of its adoption in the publicly available official books and records of the City. This resolution shall be available for inspection at the office of the City Clerk at the City Hall (which is the main administrative office of the City) during normal business hours of the City on every business day until the date of issuance of the Bonds. 4. Reimbursement Allocations. The City's financial officer shall be responsible for making the "reimbursement allocations" described in the Regulations, being generally the transfer of the appropriate amount of proceeds of the Bonds to reimburse the source of temporary financing used by the City to make payment of the prior costs of the projects. Each allocation shall be evidenced by an entry on the official books and records of the City maintained for the Bonds, shall specifically identify the actual prior expenditure being reimbursed or, in the case reimbursement of a fund or account in accordance with Section 1.103-18, the fund or account from which the expenditure was paid, and shall be effective to relieve the proceeds of the Bonds from any restriction under the bond resolution or other relevant legal documents for the Bonds, and under any applicable state statute, which would apply to the unspent proceeds of the Bonds. MOTION seconded by Councilmember Barthel and adopted by the City Council of the City of Andover on this 181h day of July 2023 with Councilmembers Bukkila, Barthel, Butler Engelhardt and Nelson voting in favor of the resolution, and Councilmembers None voting against, whereupon said resolution was passed. u ATTEST: i ich Ile Hamner — eputy City Clerk E CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R051-23 MOTION by Councilmember Barthel to adopt the following: A RESOLUTION ACCEPTING A CONTRIBUTION MADE TO THE CITY OF ANDOVER TO BE USED TOWARDS LIGHTING UPGRADES AT THE ANDOVER COMMUNITY CENTER ICE ARENA. WHEREAS, any contributions that are to be made to the City of Andover must be accepted by the City Council; and WHEREAS the $67,200.00 contribution from Andover Youth Hockey Association is to be used towards lighting upgrades at the Andover Community Center. NOW, THEREFORE BE IT RESOLVED by the City Council to hereby accept the contribution, which is to be used at the Andover Community Center. MOTION seconded by Councilmember Nelson and adopted by the City Council at a regular meeting this 5th day of July 2023 with Councilmembers Bukkila, Barthel Butler Engelhardt and Nelson voting in favor of the resolution, and Councilmembers None voting against, whereupon said resolution was declared passed. ATTEST: Mich Ile Hartner - Deputy City Clerk [a] CITY OF ANDOVER © CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R050-23 A RESOLUTION APPROVING A LAND TRANSFER BETWEEN THE CITY AND PROPERTIES ADJACENT TO A VACATED PORTION OF 175TH AVENUE, LOCATED BETWEEN 4519 175TH AVENUE NW AND 17365 NAVAJO STREET NW, AND LEGALLY DESCRIBED AS FOLLOWS AND ON EXHIBIT A: PROPOSED NORTH HALF LAND TRANSFER DESCRIPTION• That part of the North Half of 175th Avenue NW as described in Doc. Nos. 307069 and 337722 lying southeasterly of a line lying parallel with and 33.00 feet southeasterly of the following described line and its extensions. Commencing at the Northwest corner of the Northeast Quarter of the Northwest Quarter of Section 7, Township 32, Range 24, Anoka County, Minnesota; thence North 89 degrees 59 minutes 40 seconds East assumed bearing along the north line of said Northeast Quarter of the Northwest Quarter a distance of 140.39 feet to the point of beginning; thence deflect 80 degrees 56 minutes 15 seconds left in a Northeasterly direction a distance of 874.03 feet to the Northeasterly line of 175th Avenue NW and said line there terminating. © PROPOSED SOUTH HALF LAND TRANSFER DESCRIPTION• That part of the South Half of 175th Avenue NW as described in Doc. Nos. 307069 and 337722 lying southeasterly of a line lying parallel with and 33.00 feet southeasterly of the following described line and its extensions. Commencing at the Northwest corner of the Northeast Quarter of the Northwest Quarter of Section 7, Township 32, Range 24, Anoka County, Minnesota; thence North 89 degrees 59 minutes 40 seconds East assumed bearing along the north line of said Northeast Quarter of the Northwest Quarter a distance of 140.39 feet to the point of beginning; thence deflect 80 degrees 56 minutes 15 seconds left in a Northeasterly direction a distance of 874.03 feet to the Northeasterly line of 175th Avenue NW and said line there terminating. WHEREAS, the applicants have requested a vacation of a remnant roadway segment adjacent to the properties located at 4519 175'Avenue NW, PIN 06-32-24-34-0005, and 17365 Navajo Street NW, PIN 06-32-24-34-0006, and; WHEREAS, the applicant has requested that the City transfer the north half of this vacated roadway segment, as shown and described on Exhibit A, to the property at 4519 175' Avenue NW, PIN 06-32-24- 34-0005; and WHEREAS, the applicant has requested that the City transfer the south half of this vacated roadway segment, as shown and described on Exhibit A, to the property at 17365 Navajo Street NW, PIN 06-32- 24-34-0006; and ® WHEREAS, the City Council finds the request would not have a detrimental effect upon the health, safety, moral, and general welfare of the City of Andover; and WHEREAS, the City Council finds the request is in the best interest of the city to return this unbuilt portion of roadway to productive use; and NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby approves the land transfer, of the parcels legally described above subject to the following; 1. This approval is contingent upon approval of the vacation of the Roadway segment from City Resolution No. R049-23. If that item fails to be approved by the City or fails to be recorded with Anoka County, approval of the land transfer shall be null and void. 2. This resolution shall be recorded with Anoka County at the time the Resolution for the Vacation of Roadway Segment is recorded with Anoka County. 3. The applicants must either provide private easements for existing driveways in the remnant section of roadway or relocate the driveways so that they do not encroach on the adjacent property. 4. The Land Transfer is subject to City Code 8-6-1-D, which states that if the City Council determines that no significant progress has been made in the first twelve months after approval of the application, for vacation and subsequent land transfer, the approval will be null and void. ® 5. All costs associated with the land transfer, including the cost for the preparation of the deeds, shall be covered by the owners of the adjacent properties at 4519 175t' Avenue NW, PIN 06-32- 24-34-0005 and 17365 Navajo Street NW, PIN 06-32-24-34-0006, which have requested the vacation and land transfer. 6. The City Attorney is hereby authorized to prepare the deeds for the proposed land transfers with time and materials to be covered by the applicants. 7. The Mayor or City Administrator are hereby authorized to sign the deed for the proposed land transfers. Adopted by the City Council of the City of Andover on this 20' day of June 2023. ATTEST Mi. helle Hartner, Deputy City Clerk C 0 PROPOSED NORTH HALF ROADWAY VACATION DESCRIPTION That part of the North Half of 175th Avenue NW as described In Doc. Nos. W7069 and 337722 lying southeasterly of a line lying parallel with and 33.00 feet (534'34'00'E) southeasterly of the following described line and Its extensions. 534'23'24'E S53'39 L) Commencing at the Northwest comer of the Northeast Quarter of the Northwest I �5OQ,� 246.30 / 8qQ 24 E /N /� 1 y I T I /-\ T Quarter of Section ], Township 32. Range 24. Anoka County. Minnesota; thence 06 y'S6--�'/� 02 LS>07r \7 / V L_ \./ I v North 89 degrees 59 minutes 40 seconds East assumed bearing along the north z Vd +S,bk`o�/ , 1 — S>Oy6. 00 f-) line of said Northeast Quarter of the Northwest Quarter a distance of 140.39 feet n I \j �z�> \ in a Nto the ortheasterly oint of directonla distanchence e of 874.0ct 80 3r feet ees 5o the uNortheasterly tes 15 dline fof 175lh Avenue NW and sold line there terminating. u i17 � s�.DO \ e I �V T}i,I W 'bbg''pr a peg I z� I I�I , I W jW o � I3O jz � I I I I j II 1 I North -� Ilene the NET/4 of the N North of the T.32. R.24 I -Northwest comer of 6• i ' j • — Souecwest comer of i of SeM/ j r \ti i r th S.6, T.32. R.24 of Sec.7, the of the , R.24i — — NB140.39 �EE�— 40.39 n 1r7-1 / A ,.r -I— n IIA/- / A I n Ir--1 / A „- I I NIL_ I/ c, I N vv I/ It I VL_ I/ `t I Arw of moose, to be wMatl � a939 wi. ft 0.11 cares 1 lk+Wfes ombi„ y !, be Vaeatian PROPOSED SOUTH HALF ROADWAY VACATION DESCRIPTION- That port of the South Half of 175th Avenue NW as described in Doc. Nos. 30]W9 and 337722 lying soulheastedy of a line lying parallel with and 33.00 feet eouthsaeterly of the following described line and it. extensions. Commencing at the Northwest comer of the Northeast Quarter of the Northwest Quarter of Sectlon 7. Township 32, Range 24. Anoka County. Minnesota; thence North 89 degrees 59 minutes 4Q seconds East assumed bearing alny the north line of said Northeast Quarter of the Northwest Quarter a distance of 140.39 feel to the point of beginning; thence deflect 80 degrees 56 minutes 15 seconds left In a Northeasterly direction a distance of 874.03 feet to the Northeasterly line of 175th Avenue NW and said line there terminating. A ^ r- / - 7 T ; /� L) ('� A Ana of rvob% W be wasted - 4A95 M. k. 0.10 sax I V VV I/ _b- Ms ® CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R049-23 A RESOLUTION GRANTING THE VACATION OF A REMNANT SECTION OF 1751h AVENUE ROADWAY LEGALLY DESCRIBED AS FOLLOWS AND SHOWN ON EXHIBIT A: PROPOSED ROADWAY VACATION DESCRIPTION: That part of the North Half of 175th Avenue NW as described in Doc. Nos. 307069 and 337722 lying southeasterly of a line lying parallel with and 33.00 feet southeasterly of the following described line and its extensions. Commencing at the Northwest comer of the Northeast Quarter of the Northwest Quarter of Section 7, Township 32, Range 24, Anoka County, Minnesota; thence North 89 degrees 59 minutes 40 seconds East assumed bearing along the north line of said Northeast Quarter of the Northwest Quarter a distance of 140.39 feet to the point of beginning; thence deflect 80 degrees 56 minutes 15 seconds left in a Northeasterly direction a distance of 874.03 feet to the Northeasterly line of 175th Avenue NW and said line there terminating. AND That part of the South Half of 175th Avenue NW as described in Doc. Nos. 307069 and 337722 lying southeasterly of a line lying parallel with and 33.00 feet southeasterly of the following described line and its extensions. Commencing at the Northwest corner of the Northeast Quarter of the Northwest Quarter of Section 7, Township 32, Range 24, Anoka County, Minnesota; thence North 89 degrees 59 minutes 40 seconds East assumed bearing along the north line of said Northeast Quarter of the Northwest Quarter a distance of 140.39 feet to the point of beginning; thence deflect 80 degrees 56 minutes 15 seconds left in a Northeasterly direction a distance of 874.03 feet to the Northeasterly line of 175th Avenue NW and said line there terminating. WHEREAS, the adjacent property owners have requested to vacate the described roadway property; and WHEREAS, a public hearing was held pursuant to the requirements of Minnesota State Statute and City Code 8-6-1; and WHEREAS, the City Council finds the request would not have a detrimental effect upon the health, safety, moral, and general welfare of the City of Andover. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby grants the vacation of drainage and utility easement subject to the following: 1. The vacation of easement shall be recorded with Anoka County as shown on "Exhibit A." 2. After vacation of the section of roadway, it must be combined with the adjacent properties and not left as parcel remnants. 3. The applicants must either provide private easements for existing driveways in the remnant section of roadway or relocate the driveways so that they do not encroach on the adjacent property. 4. This approval is contingent upon approval of City Resolution No. R050-23 for the land ® transfer of the area from the proposed vacation. If that item fails to be approved by the © City or fails to be recorded with Anoka County, approval of the vacation shall be null and void. Pursuant to City Code 8-6-1-D, if the City Council determines that no significant progress has been made in the first twelve months after approval of the application, the approval will be null and void. Adopted by the City Council of the City of Andover on this 20' day of June 2023, ATTEST CITY OF 1 IiielleHarr"tnerDeputy City Clerk heri Bukl ' ,May C EXHWITA That port of the North Half of 175th Avenue NW as deaabetl in Doe. Nos. ;e 307069 and 337722 lying southeasterly of a line lying parallel with and 3— feat t (534'34'00-E) �554b9 southeasterly of the following described line and its extensions. yaj 534W 24-E < I 5�;'E 2462030 -�/�_ ��� /5584p024'E � � (SJ /�%1\ />T 07j. \7 V V I Commencin t the Northwest comer of the Northeast Quarter of the Northwest I r1T Quarter of Section ]. Township 32, Range 24. Anoka County. Minnesota: thence L_ V I North 89 degrees 59 4l1 East bearing p 01 G ass 0y'b g+p / r rc \Q h Ly / \ SJpy 00 f v minutes second assumed along the north line of said Northeast Quarter of the Northwest Quarter a distance of 140.39 teat o I n P�g Q�8 6 J� in the paint of beginning: thence deflect 80 seconds left 58 minutes Nor m a Northeasterly direction distance hat to the Northeasterly line > r r li .03degreese he of 175th Avenue NW and aaitl line there terminating. NW er inatin3 o 0 v C c Area of rcodsay to be wooled • 4.939 M. It 0.11 acres 3 � \ gl�N�*eeaF'.ejl - �FN*I'� � I I North I line the NE1/4 of the-, NM/4 of Sec.7. T.32, R.24 \ 1 I-Northwest comer of � I NE1/4 of the NM/2I I Southwest comer of of See.7, T.32, R.24 I . Sec.6, T.32, R.24 1 7 I _ N8959'40-E 140.39 N Ir74 / A „_r I N Ir79 / A r�,F I/ N11 All / A -7 4. h.3 NI1A19 /A l.� .C. IVVV I/ `t besetton Denote. be Vacation PROPOSED SOUTH HALF ROADWAY VACATION DESCRIPTION' That part of the South Half of 175th Avenue NW as described in Doc. Nos 307069 and 3377M lying southeasterly of a line lying parallel with and 3300 feet southeasterly of the following described line and its extensions. Commencing at the Northwest comer of the Northeast Quarter of the Northwest Worter of Section 7, Township 32, Range 24, Anoka County, Minnesota: thence North 89 degrees 59 minutes 40 seconds East assumed bearing along the north line of said Northeast Quarter of the Northwest Quarter a distance of 140.39 fast to the point of beginning: thence deflect W degrees 56 minutes 15 emanate left In a Northeastedy direction a distance of 874.03 hat to the Northeasterly line of 175th Avenue NW and said line there terminating. Nees of rwaay W be wcaLa - 4495 so. M 0.10 acres IDw\wo..nws\ alf.a .... tvN b © CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R048-23 MOTION by Councilmember Butler to adopt the following: A RESOLUTION ACCEPTING A CONTRIBUTION MADE TO THE CITY OF ANDOVER TO BE USED TOWARDS THE ANDOVER FUNFEST FIREWORKS. WHEREAS, any contributions that are to be made to the City of Andover must be accepted by the City Council; and WHEREAS, the $10,000.00 contribution from Andover Football Association is to be used towards the Andover Funfest fireworks. NOW, THEREFORE BE IT RESOLVED by the City Council to hereby accept the contribution, which is to be used towards the Andover Funfest fireworks. MOTION seconded by Councilmember Nelson and adopted by the City Council at a regular meeting this 6t" day of June 2023, with Councilmembers Bukkila, Barthel, Butler Engelhardt and Nelson voting in favor of the resolution, and Councilmembers None voting against, whereupon said resolution was declared passed. ATTEST: *icelle Hartner - Deputy City Clerk F] CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R047-23 A RESOLUTION APPROVING THE CONDITIONAL USE PERMIT AMENDMENT / PLANNED UNIT DEVELOPMENT AMENDMENT REQUESTED BY LANDFORM, ON BEHALF OF JD ANDOVER HOLDINGS, AS SHOWN AS PUD DEVELOPMENT PLAN PHASE 3 LEGACY AT PETERSEN FARMS DATED 06.01.2023, LEGALLY DESCRIBED AS: PID 07-32-24-34-0004, 07-32-24-24-0001,07-32-24-23-0002, 07-32-24-32-0002, 07-32-24-33- 0001, 07-32-24-34-0003; and, Meadows at Petersen Farms Outlots A and B, Meadows at Petersen Farms Lots 1-10 Block 1, Meadows at Petersen Farms Lots 1-13 Block 2, Meadows at Petersen Farms Lots 1-21 Block 3, and Meadows at Petersen Farms Lots land 2 Block 4; and, Preserve at Petersen Farms Outlots A, B, and C, Preserve at Petersen Farms Lots 1-8 Block 1, Preserve at Petersen Farms Lots 1-14 Block 2, and Preserve at Petersen Farms Lots 1 and 2 Block 3. WHEREAS, Landform, on behalf of JD Andover Holdings has requested a Conditional Use Permit for an Amendment to the Planned Unit Development (PUD) for Legacy at Petersen Farms, and; WHEREAS, the Planning and Zoning Commission has reviewed the request and has determined that said request does meet the criteria of City Code and would not have a detrimental effect upon the health, esafety, general welfare, values of property and scenic views in the surrounding area, and; WHEREAS, the Planning and Zoning Commission has reviewed the request and determined that said request does meet the criteria of City Code and 13-3-9 and 13-4-9; as the proposed PUD is not in conflict. WHEREAS, the Planning and Zoning Commission has reviewed the request and has determined that said request does meet the criteria of City Code; as the proposed PUD is in conflict with the goals of the Comprehensive Plan for the City; and; WHEREAS, the Planning and Zoning Commission recommends to the City Council the approval of the Conditional Use Permit/Planned Unit Development Amendment request with conditions, and; WHEREAS, the City Council of Andover has reviewed the request including all materials available at the time of review, including but not limited to the recorded meeting, agenda materials, presentation, and has determined that said request does meet the criteria of City Code because: 1. The proposed development is not in conflict with the goals of the Comprehensive Plan for the City. The proposed CUP/PUD request is in alignment with the Comprehensive Plan as it meets the following goals: Overarching Goals, Objectives and Policies, Goal 1: Maintain and enhance the quality of life in Andover. The proposed project has been designed to minimize impacts to wetlands and bluffs. The applicant is providing larger usable space for each lot, which is a minimum of 43,560 square feet vs. the R-1 requirement of 8,600 square feet. In the case of the 2 lots that do not meet the 43,560 as identified as Lots 4 and 5 Block I Legacy ® at Petersen Farms the area is still usable even though it contains jloodplain. Land Use Goals, Objectives and Policies, Goal 4: Allow residential growth while maintaining the quality of natural resources and amenities. The proposed project will utilize Low Impact Development (LID) features such as infiltration ditches, and smaller roadways. The applicant will continue to work through the development process minimizing tree removal on the property and reduce the amount of destabilization of the soil. Goal: Reduce maintenance and energy costs for public facilities and infrastructure. As part of the LID development, the roadway will be narrower creating less cost for future replacement. The development will have minimal stormwater hard infrastructure reducing the cities costs of long-term maintenance. Housing Goals, Objectives and Policies Goal: Provide a variety of housing types to accommodate the life cycle needs of all residents. While lots will be under the 2.5 acre R-1 standard, each lot will have at least 43,560 square feet of "usable" property. Transportation Goals, Objectives and Policies Goal: Minimize impacts of the transportation system on the natural environment. The lots under 2.5 acres will allow for the placement of the road in a location that minimizes the "cuts" and "fills" on the property. The placement of the roadway will allow the lots to be laid out in a manner that minimizes the removal of the trees on the property at the time of development. The master plan calls for additional connections to adjacent roadways allowingfor additional access to this development and others. 2. The proposed development is designed in such a manner as to form a desirable and unified environment within its own boundaries. The applicant is proposing to create custom home sites to allowforfexibilityfor the buyer and a more attractive neighborhood in Andover. Each lot will be custom graded to allow for construction ofthe individual homes in a manner that meets the needs ofthe homeowner and allows them to design a site that works with the natural features of the lot. This approach will allow flexibility in the placement of single-family homes on each lot while preserving the natural environment. The low -impact qualities of this development will lead to a desirable and unified environment. The current phase is consistent with both prior phases inform and approach to development. 3. The proposed development demonstrates how each modified or waived requirement contributes to achieving the purpose of PUD. • Minimizing the lot size reduces disturbance of extensive wetlands and removal of wooded wetland areas will preserve natural features and allow for a pedestrian trail connection and dedication of open space within the development. Additionally, secondary impact risks to large established wetland complexes will be reduced. • Constructing a cul-de-sac greater than 500 feet in length allows for the site to utilize existing topography and avoid further wetland, and tree impacts, reduce earthwork disturbance, consistent with the low -impact design principles. Q• Allowing lots that are 100 feet in width where 160 feet is typically required on a cul- de-sac is to keep with the lot width approved as part of the first phase. The reduced ® lot width still allows for the minimum lot size and upland lot area to be achieved, meeting the intent for the development to arrange lots to preserve trees, minimize wetland impacts and preserve natural features. 4. The PUD is of composition, and arrangement that its construction, marketing, and operation are feasible as a complete unit without dependence upon any subsequent unit. The PUD proposal includes a development plan that shows how the overall property and adjacent large lot residential properties could be developed, visualizing howfuture development could be planned for. Each phase of the development would contribute to the overall development but would be independent of the previous and future phases. Residential Planned Unit Developments (PUDs) within a shoreland area requires a property owner association agreement (for residential PUDs) with mandatory membership, and addresses the following within City Code 13-4-9 F: 1. Maintenance and Design Criteria; To meet Section 13-4-9(F) of the city code requiring maintenance and administration, we have defined a district and incorporated restrictions for the shoreland overlay within a first amendment to the Homeowners Association (HOA) declaration recorded with the initial phase. These restrictions preserve the open space areas through; Orestricted uses in the shore impact zone areas and requiring approvals for alterations in those areas, permanent easements over wetlands, wetland buffers and floodplains, and dedication of open space, The HOA restriction will require approval by the HOA's Architectural Control Committee similar to the process set forth in Phase 1 governing the steep slopes and bluff areas. This has been effectively managed in Phase 1 as building permits are first required to be reviewed and approved by the HOA for compliance with this criteria prior to being submitted to the City accompanied by an HOA approval letter. The specific language governing these activities can be seen in the original Declaration and in Section 10 of the attached HOA Amendment document specifically addressing the Shoreland requirements of "Lake Lots ". 2. Open Space Requirements: Planned Unit Developments must contain open space; To meet Section 13-4-9(F) of the city code Open Space Requirements, and as an offset to the requested flexibility, the proposed layout dedicates nearly 31 acres, comprising roughly half of the shoreland of this lake as dedicated open space. This dedication of open space is used to meet the open space requirements for the shoreland and while it has shifted in size from the original PUD concept the © upland area available for passive recreation uses has not changed. The shift in size is from shifting the lot lines further into the lake and surrounding wetlands. These areas are not usable and do not impact the viability of the open space but ® are used to hit minimum lot size requirements. The net effect of this approach is a more effective allocation of the density to the east side, and a relatively similar impact to the lake in terms of units abutting the shoreland. The dedicated open space will ensure access between the southern portions of the project and Martin's Meadows Open Space ensuring access and enjoyment of the lake for the broader community. This open space includes the following: • Preservation of at least seventy percent (70%) of the shore impact zone area will remain in its existing natural state. • An upland open space area that preserves at the western portion of unnamed lake #2-87W as shown on PUD Development Plan. This area is expected to contain passive uses and remain in its natural state with hiking/walking trails connecting neighborhoods north and south of this area. 3. Erosion Control And Storm Water Management; and 3. Erosion Control And Storm Water Magagement; and To meet Section 13-4-9(F) of the city code Open Space Requirements Erosion Control and Storm Water Management, the proposed layout and engineering specifications call for Low Impact Designs, and natural stormwater management system consisting of natural treatment swales and infiltration basins. Erosion and sedimentation control will be managed through proven measures reviewed, Oapproved, and inspected by City and Watershed agencies. 4. Centralization And Design Of Facilities. To meet Section 13-4-9(F) of city code Centralization and Design of Facilities, the layout calls for the use of individual wells and individual septic systems. Publicly owned water and sewer services are not available in this area, nor are they anticipated. The current design provides areas of 5,000 square feet for potential septic drain fields that have been reviewed, tested, and selected by a Minnesota Licensed Septic Professional. These locations were selected as they are the most suitable areas for standard systems. Individual systems will be the responsibility of the individual lot owners who shall be responsible for inspection, maintenance, and replacement of these systems. A centralized system is not available in this area and other communities have experienced issues resulting in a loss of responsibility by individual users to maintain centralized systems. 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 Conditional Use Permit Amendment/Planned Unit Development Amendment request on the above legally described property for PUD DEVELOPMENT PLAN PHASE 3 LEGACY AT PETERSEN FARMS DATED 06.01.2023 with the following conditions: 1. Approval of Legacy at Petersen Farms Preliminary Plat shall be incorporated as part of this ePUD provided it is approved by the Andover City Council within 1 year and consistent with this PUD amendment. 0 2. Lot width shall not be less than 100 feet at the front yard setback. 3. ® Master Plan shall be now amended to represent Phase 3. 4. The developer shall amend this PUD to include any Future Phase changes. 5. Lot size shall not be less than 1.50 acres in size. 6. Each lot shall have a minimum of 1 acre of property that is not bluff or wetland. 7. Lots 4 & 5 Block 1 shall be permitted to be under 1 acre due to the unique challenges that floodplain have caused within Phase 3. 8. The overall density for the entire Master Planned Development shall not exceed .40 units per acre. 9. Developer shall provide a 50' ROW with additional drainage and utility easements for roadways within Phase 3. 10. Future MSA designated route shall meet MSA requirements (Navajo Street NW/Inca Street NW). 11. Developer shall be responsible for meeting Anoka County Highway Departments comments. 12. Developer shall be responsible for meeting the Lower Rum River Watershed Management Organization comments. 13. Local roadways shall be "Low Impact Development" in nature (27' asphalt width, with 18- inch ribbon curb on both sides). 14. Developer shall adhere to platting process and meet requirements and items identified through that process. 15. Roadways shall be extended to the edge of the plat. 16. Developer shall address to the satisfaction of staff, comments in Engineers Letter dated June 1, 2023. 17. Developer shall meet all requirements of Andover City Code 13-4-F with the exception of centralized septic and water. 18. Applicant shall restrict the approximately 11-acre open space lot (proposed as part of this phase) to only a trail and park benches or as agreed to by the Andover City Council. Future phases of open space shall also be restricted. 19. HOA shall be owner and responsible for maintenance of open space and trail open to the public. 20. Phase 3 shall include roadway to 1701 Ave NW as shown in plans. 21. Future subdivision of property shall be platted. 22. Developer shall plan accordingly for future desired length of 1701 Ave NW cul de sac. 23. All other terms and conditions in the original approval, and past amendment shall be valid, unless specifically addressed within this resolution. Adopted by the City Council of the City of Andover on this 6'^ day of June, CITY OF ANDOVER ATTEST: is elle Harmer, Deputy City Clerk e CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RESOLUTION NO. R046-23 A RESOLUTION DECLARING A DOG OWNED BY MYA SMITH, 2849 142nd LANE NW, ANDOVER, MN, AS A DANGEROUS DOG PURSUANT TO CITY CODE TITLE 5, CHAPTER 1, SECTION 5-1A-8. WHEREAS, a Pitbull named Jaxx owned by Mya Smith, 2849 142nd Lane NW, Andover has attacked unprovoked humans or dogs at least three times; and WHEREAS, on June 18, 2022, said dog attacked a man on his property; and WHEREAS, on December 27, 2022, said dog attacked a female and her dog in the street; and WHEREAS, on May 27, 2023, said dog left its property and attacked another dog in the street; and O NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover based on the reports, incidents and testimony at the hearing to hereby declare an Pitbull named Jaxx owned by Mya Smith, 2849 142nd Lane NW, Andover MN as a "dangerous dog" in the City of Andover pursuant to City Code Title 5, Chapter, 1 Section 5-1A-8. BE IT FURTHER RESOLVED that the Deputy City Clerk shall mail by certified mail to Mya Smith a copy of the resolution. Adopted by the City Council of the City of Andover this 61" day of June 2023. u 3 O CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 045-23 MOTION by Councilmember Butler to adopt the following: A RESOLUTION APPROVING CHANGE ORDER #1 TO PROJECT NO. 23-17 2023 FULL DEPTH RECLAMATION WHEREAS, the City of Andover has a contract for Project Nos. 23-02, 2023 Street Reconstruction / 23-08, 2023 Curb, Sidewalk & Pedestrian Ramp Repairs / 23-17, 2023 Full Depth Reclamation with North Valley Inc. of Nowthen, MN. NOW THEREFORE, BE IT RESOLVED by the City Council of Andover to hereby approve the change order #1 to Project No. 23-17. Adopted by the City Council of the City of Andover this 6th day of June , 2023. • CITY OF ANDOVER ATTEST: She u kila or '���� Mic elle Hamner— Deputy City Clerk E O E CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RESOLUTION NO. R044-23 A RESOLUTION SETTING THE ANNUAL INCOME LEVEL FOR SENIOR CITIZEN AND DISABLED INDIVIDUALS FOR DEFERRAL OF SPECIAL ASSESSMENTS AND SANITARY SEWER RATES. THE CITY COUNCIL OF THE CITY OF ANDOVER HEREBY RESOLVES: Annual Income Level for Special Senior Citizen Deferral of Special Assessments and Reduced Sanitary Sewer Rates Annual Income Level for Disabled Individuals of Special Assessments and Reduced Sanitary Sewer Rates $43,500 (Not to Exceed) $66,300 (Not to Exceed) Adopted by the City Council of the City of Andover this 61h day of June, 2023. CITY OF ANDOVER Attest: en Bukki —Mayor Mic ielle Hamner — Deputy City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA O RES. NO. 043-23 MOTION by Council member Butler to adopt the following: A RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR THE IMPROVEMENT OF PROJECT NO. 22-40, KELSEY ROUND LAKE PARK BOARDWALK REPLACEMENT. WHEREAS, pursuant to advertisement for bids as set out in Council Resolution No. 036-23 dated May 2, 2023, bids were received, opened and tabulated according to law with results of the three lowest bidders as follows: Pember Project CIP Budget Peterson Rosti Companies, Companies Construction Inc. Kelsey Round Lake Park Boardwalk Replacement 22-40 $230,875.00 $265,285.00 $278,575.00 $293,100.00 TOTAL 1 $230,875.00 $265,285.00 $278,575.00 $293,100.00 O NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby accept the bids as shown to indicate Peterson Companies as being the apparent low bidder. BE IT FURTHER RESOLVED TO HEREBY direct the Mayor and City Clerk to enter into a contract with Peterson Companies in the amount of $265,285.00 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 two lowest bidders shall be retained until the contract has been executed and bond requirements met. MOTION seconded by Council member Nelson and adopted by the City Council at a regular meeting this 6th day of June, 2023 , with Council members Butler. Nelson, Barthel, Engelhardt. Bukkila voting in favor of the resolution, and Council members none voting against, whereupon said resolution was declared passed. `J ® CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R042-23 A RESOLUTION TERMINATING THE DRIVEWAY VARIANCE FOR THE PROPERTY LOCATED AT 15026 CROSSTOWN BOULEVARD NW, PID 22-32-24-34-0079, LEGALLY DESCRIBED AS: LOT 8, BLOCK 10, Woodland Estates, Anoka County, Minnesota (hereinafter the "Property") WHEREAS, the Property is part of the Woodland Estates plat, which was approved for Preliminary Plat on December 30, 1996, through Resolution R297-96 (Exhibit A), and; WHEREAS, at the time the Preliminary Plat for Woodland Estates was approved, Andover Ordinance 10, Section 9.02C prohibited the platting of lots that had driveways that fronted onto the right-of-way of State, County, or City arterial or collector roads, and; WHEREAS, the segment of Crosstown Boulevard adjacent to the Property was, and remains to be, a County Road, and; WHEREAS, Resolution R297-96 included a variance from Ordinance 10, Section 9.02C to allow the existing driveway located on the Property, which fronted onto Crosstown Boulevard, to remain for so long as Walter Laptuta remained the owner of the Property, and; WHEREAS, Mr. Laptuta is no longer the owner of the Property, thus resulting in a termination of the variance, and; NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Andover, that the variance associated with the existing driveway extending from the Property onto Crosstown Boulevard is hereby terminated. BE IT FURTHER RESOLVED that upon termination of the variance, the owner of the Property, or their successors or assigns, will be required to remove the existing driveway and install a new driveway to Osage Street NW, at the southwest side of the Property, within 120 days from the date of this Resolution, or at such other time as may be established by formal agreement between the owner of the Property and the City of Andover. Adopted by the City Council of the City of Andover on this 16' day of May 2023. CITY OF ANDOVER ATTEST: - Sheril Gila, a %Mielle Harmer, Deputy City Clerk �J Exhibit A (insert copy of resolution R297-96) EXHIBIT A © CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO 297-96 A RESOLUTION APPROVING THE PRELIMINARY PLAT OF WOODLAND ESTATES BY WOODLAND DEVELOPMENT COMPANY LOCATED IN SECTION 22, TOWNSHIP 32, RANGE 24, ANOKA COUNTY, MINNESOTA, WHEREAS, pursuant to published and mailed notice thereof, the Planning and Zoning Commission has conducted a public hearing; and comments were favorable; and WHEREAS, the Andover Review Committee has reviewed the preliminary plat; and WHEREAS, as a result of such public hearing, the Planning and Zoning Commission recommends approval of the plat citing the following: 1. A variance from Ordinance 10, Section 9.02C for the existing driveway on Crosstown Boulevard NW on Lot 8, Block 10. The variance shall be for the period that Mr. Laptuta remains the owner of the property. ® 2. A variance from Ordinance 10, Section 9.02C for the separation between Nightingale Street NW and the proposed 150th Lane NW. 3. The existing accessory structures are to remain for a period of no more than four (4) years and shall be described in the Development Agreement. 4. A variance from Ordinance No. 8, Section 6.02, for the following: a. Lot 12, Block 10, minimum lot depth requirement. b. Lot 12, Block 6, minimum lot depth requirement. 5. The developer is responsible to obtain all necessary permits from the Coon Creek Watershed District, DNR, Corps of Engineers, LGU, MPCA and any other agency that may be interested in the site. 6. Park dedication as recommended by the Park and Recreation Commission as determined by Ordinance No. 10, Section 9.07. 7. Contingent upon water and sewer trunk being brought to the property. 8. Sidewalks and trails as determined by the City Council at a later date. N U \J 1J Page Two Resolution Preliminary Plat - Woodland Estates December 30, 1996 Adopted by the City Council of the City of Andover this 30th day of December , 19966 . ATTEST: L&4,) r�&/ Victoria Volk, City Clerk CITY OF ANDOVER P, I.E. McKelvey, Mayor CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 041-23 MOTION by Council member Butler to adopt the following: A RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR THE IMPROVEMENT OF PROJECT NOS. 23-22, SUNSHINE PARK NORTH PARKING LOT RECONSTRUCTION & 23-23. FIRE STATION #2 PARKING LOT RECONSTRUCTION. WHEREAS, pursuant to advertisement for bids as set out in Council Resolution No. 035-23 dated April 18, 2023, bids were received, opened and tabulated according to law with results of the three lowest bidders as follows: Project Douglass -Kerr ACM, LLC Park Const. Underground Company Sunshine Park North Parking Lot Recon 23-22 $328,229.90 $346,633.00 $332,509.30 Fire Station ) Parking Lot Recon23-23 $128,670.05 $133,640.35 $150,985.35 TOTAL $456,899.95 $480,273.35 1$483,494.65 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby accept the bids as shown to indicate Douglas -Kerr Underq round, LLC as being the apparent low bidder. BE IT FURTHER RESOLVED TO HEREBY direct the Mayor and City Clerk to enter into a contract with Douglas -Kerr Underground, LLC in the amount of $456,899.95 for construction of the improvements; and direct the City Clerk to return to all bidders the deposits made with their bids, except that the deposit of the successful bidder and the next two lowest bidders shall be retained until the contract has been executed and bond requirements met. MOTION seconded by Council member Engelhardt and adopted by the City I Council at a regular meeting this 16th day of Mav, 2023 , with Council members Butler. Engelhardt, Nelson, Barthel Bukkila voting in favor of the resolution, and Council members none voting against, whereupon said resolution was declared passed. E ® CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R040-23 A RESOLUTION DECLARING THE PRELIMINARY PLAT OF "HUMNICKS GROVE" NULL AND VOID FOR THE PROPERTY (PID# 17-32-24-13-0007) LEGALLY DESCRIBED AS; THAT PART OF THE AST 330.00 FEET OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 17, TOWNSHIP 32, RANGE 24, ANOKA COUNTY, MINNESOTA. LYING NORTH OF THE SOUTH 726.00 FEET THEREOF TOGETHER WITH THAT PART OF THE EAST 421.04 FEET OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION LYING SOUTHERLY OF THE FOLLOWING DESCRIBED LINE: COMMENCING AT THE SOUTHEAST CORNER OF THE NORTH 673.18 FEET OF SAID NORTHWEST QUARTER OF THE NORTHEAST QUARTER; THENCE SOUTH 00 DEGREES 09 MINUTES 18 SECONDS EAST, ASSUMED BEARING, ALONG THE EAST LINE THEREOF 7.46 FEET TO THE POINT OF BEGINNING OF SAID LINE TO BE DESCRIBED: THENCE SOUTH 71 DEGREES 55 MINUTES 43 SECONDS WEST 60.34 FEET; THENCE SOUTH 88 DEGREES 02 MINUTES 30 SECONDS WEST 36.12 FEET; THENCE SOUTH 80 DEGREES 09 MINUTES 43 SECONDS WEST 187.95 FEET; THENCE SOUTH 76 DEGREES 21 MINUTES 11 SECONDS WEST 146.29 FEET TO THE WEST LINE OF THE EAST 421.04 FEET OF SAID NORTHWEST QUARTER OF THE NORTHEAST QUARTER AND SAID LINE THERE TERMINATING. SUBJECT TO EASEMENTS AND VALID RESTRICTIONS OF RECORD. *Above legal description per inspection of county online tax records. Subject to revision tWHEREAS, the City Council considered the request for a Preliminary Plat to be known as Humnicks Grove at their March 1, 2022, meeting and approved the request, subject to certain conditions, and, WHEREAS, the applicants submitted revised plans on May 3, 2022, but these did not address several of the staff review comments dated January 19, 2022, and staff responded with a new review letter on May 13, 2022, explaining these deficiencies; and, WHEREAS, the City has not received a revised Preliminary Plat or Final Plat since the May 3, 2022, submittals were returned as insufficient; and, WHEREAS, City staff notified the applicant on January 25, 2023, of the impending deadline for submittal of the Final Plat, and revised Preliminary Plat, or written request for an extension within twelve months from the date of approval of the Preliminary Plat; and, WHERAS, the applicant has indicated that they would not meet the deadline and would not be seeking an extension; and NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby determines that a Final Plat for Humnicks Grove has not been filed within twelve (12) months of the approval of the Preliminary Plat and the conditions of approval have not been met, therefore the Preliminary Plat for Humnicks Grove shall be null and void. Adopted by the City Council of the City of Andover on tl CITY OF ANDOVER QATTEST: , Iic elle Harmer, Deputy City Clerk CITY OF ANDOVER ® COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R039-23 A RESOLUTION DECLARING THE LOT SPLIT NULL AND VOID FOR THE PROPERTY LOCATED AT 3415 163`d LANE NORTHWEST (PID# 17-32-24-13-0007) LEGALLY DESCRIBED AS; THAT PART OF THE AST 330.00 FEET OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 17, TOWNSHIP 32, RANGE 24, ANOKA COUNTY, MINNESOTA, LYING NORTH OF THE SOUTH 726.00 FEET THEREOF TOGETHER WITH THAT PART OF THE EAST 421.04 FEET OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION LYING SOUTHERLY OF THE FOLLOWING DESCRIBED LINE: COMMENCING AT THE SOUTHEAST CORNER OF THE NORTH 673.18 FEET OF SAID NORTHWEST QUARTER OF THE NORTHEAST QUARTER; THENCE SOUTH 00 DEGREES 09 MINUTES 18 SECONDS EAST, ASSUMED BEARING, ALONG THE EAST LINE THEREOF 7.46 FEET TO THE POINT OF BEGINNING OF SAID LINE TO BE DESCRIBED; THENCE SOUTH 71 DEGREES 55 MINUTES 43 SECONDS WEST 60.34 FEET; THENCE SOUTH 88 DEGREES 02 MINUTES 30 SECONDS WEST 36.12 FEET; THENCE SOUTH 80 DEGREES 09 MINUTES 43 SECONDS WEST 187.95 FEET; THENCE SOUTH 76 DEGREES 21 MINUTES 11 SECONDS WEST 146.29 FEET TO THE WEST LINE OF THE EAST 421.04 FEET OF SAID NORTHWEST QUARTER OF THE NORTHEAST QUARTER AND SAID LINE THERE TERMINATING. SUBJECT TO EASEMENTS AND VALID RESTRICTIONS OF RECORD. © :Above legal description per inspection of county online tax records. Subject to revision. WHEREAS, the City Council considered the request for a Lot Split for the property at 3415 163`d Lane NW at their March 1, 2022, meeting and approved the request, subject to certain conditions, which included a sunset clause as defined by Ordinance No. 40, Section III (E); and, WHEREAS, Ordinance No. 40, Section III (E) currently resides in City Code 13-1-1-6-F, which states: "If the City Council determine that the conditions of approval are not met within twelve (12) months, the lot split will be null and void"; and, WHEREAS, the applicants submitted revised plans on May 3, 2022, but these did not address several of the staff review comments dated January 19, 2022, and staff responded with a new review letter on May 13, 2022, explaining these deficiencies; and, WHEREAS, the City has not received a revised Lot Split document since the May 3, 2022, submittals were returned as insufficient; and, WHEREAS, City staff notified the applicant on January 25, 2023, of the impending one-year deadline of meeting the conditions of approval, or written request for an extension; and, WHEREAS, City staff have communicated the sunset clause/deadline for action of twelve months from the date of approval; and, WHERAS, the applicant has indicated that they would not meet the deadline and would not be seeking an ® extension; and NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Andover hereby ® determines that the conditions of approval have not been met within twelve months (12) months, and the Lot Split for 3415 163`d Lane NW shall be null and void. Adopted by the City Council of the City of Andover on this 2"d day of May 2023. CITY OF ANDOVER ATTEST: is lle Harmer, Deputy City Clerk E E CITY OF ANDOVER • COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R038-23 A RESOLUTION APPROVING A VARIANCE FOR THE PROPERTY LOCATED AT PID# 20-32-24-14-0006 LEGALLY DESCRIBED AS FOLLOWS: LAKERIDGE LOT 9 BLK 7 LAKERIDGE EASE TO CNTY OF ANOKA FOR RT OF ACCESS TO HWY NO 9(SUBJ TO EASE AS SHOWN ON PLAT) WHEREAS, Ed Field and Sons are the owners of a parcel of land with Parcel ID Number 20-32-24-14- 0006; and, WHEREAS, Ed Fields and Sons have applied to the City for a variance for lot size of said property; and, WHEREAS, the proposal would vary from City Code 12-3-5: Minimum District Requirements in that it would decrease the minimum lot size from 2.5 acres to 1.62 acres; and, WHEREAS, the Andover Review Committee has reviewed the variance requests; and, WHEREAS, pursuant to published and mailed notice thereof, the Planning and Zoning Commission held a • public hearing on April 25, 2023; WHEREAS, the Planning and Zoning Commission recommends to the City Council approval of the variance request; and, WHEREAS, the City Council completed a review of the variance request along with the recommendation of the Planning and Zoning Commission; and, WHEREAS, the City Council agrees with the recommendation of the Planning and Zoning Commission and approves the variance request to decrease the minimum lot size from 2.5 acres to 1.62 acres; and, WHEREAS, based on the criteria for granting a variance under City Code 12-15-9, the City Council finds the following findings of fact to support the approval of the variance requests: 1. The property owner proposes to the use the property in a reasonable manner not permitted by an official control. The applicant desires to be able to have a home built on the property after the road improvement project. The roadway improvement project causes the need for the variance as the additional right ofway will reduce the lots size. 2. The plight of the landowner is due to circumstances unique to their property not created by © the landowner. Anoka County Highway Department approached the landowner about the land acquisition ® and would allow for a safer location as part of the widening and safety improvement project. The new location of the roadway will allow for a full access intersection that will benefit the entire neighborhood and properties on both sides of Round Lake Blvd. The road improvement project will be beneficial for the entire community. 3. The variance, if granted, will not alter the essential character of the locality. The lot currently could have a home on the property and the applicant is requesting to maintain the ability to have a home on the property. Anoka County Highway Department could have pursued Eminent Domain to acquire the property as the realignment has a public benefit, even if a home existed today. 4. Economic considerations alone do not constitute practical difficulties. While the applicant will receive economic incentives to negotiate a transaction with Anoka County Highway Department, many properties and the general public will benefit from the roadway improvement project. The property owner did not initiate the project. Anoka County Highway Department is realigning the roadway creating the hardship to the property owner. The new alignment will benefit to the safety of vehicles traveling Round Lake Blvd. and will allow for a full access to the neighborhood. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby approves the variance request with the following conditions: 1. Pursuant to City Code 12-15-9-E-6, if the City Council determines that no significant progress has been made within the first twelve (12) months after the approval of the variance, the variance will be null and void. Progress shall be determined by the creation of the 1.62 acre lot. Adopted by the City Council of the City of Andover this 2nd of May, 2023. CITY OF ANDOVER 1 lch Ile Harter, City Clerk E CITY OF ANDOVER i Sheri Bukki , Ma or E 11 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 037-22 MOTION by Council member Nelson to adopt the following: A RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR THE IMPROVEMENT OF PROJECT NOS. 23-11A THROUGH 23-11 L 2023 MILL & OVERLAYS, 23-15 2023 MILL & OVERLAY— PRAIRIE ROAD AND 23-16 2023 MILL & OVERLAY — ANDOVER BOULEVARD. WHEREAS, pursuant to advertisement for bids as set out in Council Resolution Nos. 030-23 dated April 4, 2023, bids were received, opened and tabulated according to law with results of the three lowest bidders as follows: Project Project Name Engineer's North Valley, Bituminous T. A. Schifsky # Estimate Inc. Roadways Inc. &Sons, Inc 23-11A Grey Oaks $246,546.50 $211,412.81 $252,419.30 $254,430.00 23-11B North Valley Ridge $88,646.00 $82,881.10 $93,492.00 $96,680.50 23-11C Silver Meadows $80,841.00 $72,832.41 $93,746.00 $92,980.69 23-11D Constance Corners $112,275.75 $108,600.22 $122,982.35 $123,673.36 23-11 E dd. 's Woods 1� & 2^a A Add. $110,437.00 $94,300.00 $109,619.00 $111,742.55 23-11 F Barnes Rolling Oaks 2nd Add. $338,665.00 $268,692.29 $259,877.00 $306,082.75 23-11G Nature's Run $82,171.75 $73,180.67 $91,253.90 $90,828.77 23-11 H Village at Andover Station $56,488.50 $57,155.86 $78,096.00 $72,617.58 23-111 To s W000dlanddland Creek $57,085.50 $49,898.07 $61,755.00 $59,615.12 23-11J Woodland Creek Golf Villas $38,634.50 $38,551.54 $44,654.10 $45,510.65 23-11K Kimberly Oaks $104,212.00 $99,804.17 $100,900.00 $113,162.11 Barnes Rolling Oaks, 23-11 L Smiths Rolling Oaks & $393,560.00 $323,613.85 $303,005.50 $356,036.65 as Area 23-15 Prairie Road NW $302,642.00 $257,691.86 $281,297.41 $280,354.69 23-16 Andover Boulevard NW $236,749.00 $194,127.66 $223,167.00 $218,552.04 TOTAL 1 $2,248,854.50 1 $1,932,742.51 1 $2,116,264.56 $2,222,257.36 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby accept the bids as shown to indicate North Valley, Inc. as being the apparent low bidder. BE IT FURTHER RESOLVED TO HEREBY direct the Mayor and City Clerk to © enter into a contract with North Valley, Inc. in the amount of $1,932,742.51 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 two lowest bidders shall be retained until the contract has been executed and bond requirements met. ® MOTION seconded by Council member Barthel and adopted by the City Council at a regular meeting this 2"d day of May, 2023, with Council members Nelsn. Barthel Butler (absent), Engelhardt Bukkila voting in favor of the resolution, and Council members none voting against, whereupon said resolution was declared passed. CITY OF ANDO ATTEST: Sheri Buk ' a - Mho.[__ _- Mich ,Ile Hartner— Deputy City Clerk C ® CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 036-23 MOTION by Councilmember Nelson to adopt the following: A RESOLUTION APPROVING FINAL PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR PROJECT NO. 22-40, KELSEY ROUND LAKE PARK BOARDWALK REPLACMENT. WHEREAS, pursuant to Resolution No. 012-23, adopted by the City Council on the 7th day of February, 2023, WSB Consulting has prepared final plans and specifications for Project No. 22-40.. WHEREAS such final plans and specifications were presented to the City Council for their review on the 2"d day of May, 2023. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby approve the Final Plans and Specifications. O 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 electronically and virtually at 10:00 a.m. May 24 , 2023 . MOTION seconded by Councilmember Barthel and adopted by the City Council at a regular meeting this 2nd day of May , 2023 with Councilmembers _ Nelson, Barthel, Butler (absent). Engelhardt. Bukkila voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. ATTEST: Michelle Hartner — Deputy City Clerk E CITY OF Sheri CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 035-23 MOTION by Councilmember Butler to adopt the following: A RESOLUTION APPROVING FINAL PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR PROJECT NOS. 23-22, SUNSHINE PARK NORTH PARKING LOT RECONSTRUCTION & 23-23, FIRE STATION #2 PARKING LOT RECONSTRUCTION.. WHEREAS, pursuant to Resolution Nos. 013-23 & 014-23, adopted by the City Council on the 7th day of February , 2023, the City Engineer has prepared final plans and specifications for Project Nos. 23-22 & 23-23,. WHEREAS such final plans and specifications were presented to the City Council for their review on the 18th day of April, 2023. 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 electronically and virtually at 10:00 a.m. May 10 , 2023 . MOTION seconded by Councilmember Nelson and adopted by the City Council at a regular meeting this 18th day of April , 2023 with Councilmembers Butler, Nelson, Barthel, Engelhardt, Bukkila voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. ATTEST: Miclielle Hartner — Deputy City Clerk CITY OF ANDOVER - - Sheri kkila - Mayiof ® CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R034-23 A RESOLUTION APPROVING THE CONDITIONAL USE PERMIT AMENDMENT REQUEST TO ALLOW SIX (6) ADDITIONAL ANTENNAS TO THE EXISTING TELECOMMUNICATION TOWER FOR AT & T, LOCATED AT 1685 CROSSTOWN BLVD NW (WATER TOWER #2.1717 CROSSTOWN BLVD NW), PID 22-32-24-41-0006, LEGALLY DESCRIBED AS: THAT PRT OF NEl/4 OF SEl/4 OF SEC 22 TWP 32 RGE 24 LYG E OF W 330 FT THEREOF & LYG SLY & E OF FOL DESC LINE: COM AT A PT ON E LINE THEREOF 935.81 FT NLY OF SE COR THEREOF, SD E LINE HAS ASSD BRG OF N 0 DEG 42 MIN 30 SEC W, TH W 125.01 FT TO W R/W LINE OF CSAH NO 78 TH N 0 DEG 42 MIN 30 SEC W ALG SD W R/W LINE 41.34 FT, TH W 889.24 FT, TH S 0 DEG 21 MIN 31 SEC E 41.34 FT, TH E 29.86 FT, TH S 503 FT, TH W 17.47 FT TH S 20 DEG 49 MIN 09 SEC E 55.74 TO POB OF SD LINE, TH E 206.56 FT, TH E 109.76 FT ALG A TAN CUR CONC TO S HAV A RAD OF 581.33 FT & A CEN ANG OF 10 DEG 49 MIN 06 SEC, TH ELY 95.26 FT ALG A REV CUR CONC TO N HAV A RAD OF 168.67 FT & A CEN ANG OF 32 DEG 21 MIN 29 SEC, TH ELY 105.76 FT ALG A REV CUR CONC TO S HAV A RAD OF 281.33 FT & A CEN ANG OF 21 DEG 32 MIN 23 SEC TH E TAN TO SD CUR 145.11 FT, TH S 20 FT, TH E 117.34 FT, TH N 557 FT TO INTER/W A LINE DRAWN W FROM POC, TH E 82.29 FT TO POC & SD LINE THERE TERM, EX RD, SUBJ TO EASE OF REC ® WHEREAS, AT & T has requested a Conditional Use Permit amendment to install six (6) additional antennas on water tower 42 on the subject property, and; WHEREAS, the Planning and Zoning Commission held a public hearing pursuant to the requirements of City Code 12-15-3, and; WHEREAS, the Planning and Zoning Commission has reviewed the request and has determined that said request meets the criteria of the City Code, and; WHEREAS, the Planning and Zoning Commission finds the request would not have a detrimental effect on the health, safety, and general welfare of the City of Andover, and; WHEREAS, The Planning and Zoning Commission recommends to the City Council approval of the Conditional Use Permit amendment 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 approves the Conditional Use Permit for AT&T to install 6 antennas on water tower #2, subject to the following conditions: 1) The applicant shall obtain a building permit from the City of Andover Building Department prior to the commencement of work. 2) The applicant shall obtain a lease agreement for the project prior to issuance of a building permit. 3) The applicant shall meet staffs comments as part of the review process. ® 4) The antennas and associated equipment shall conform to the plans dated O1/23/2023 and any revisions as per staff comments. ® 5) Applicant shall make significant progress in the first twelve (12) months after approval, or the permit will become null and void Adopted by the City Council of the City of Andover on this 4" day of April 2023. CITY OF ANDOVER ATTEST: eri B la, Ataor Mic elle Hamner, Deputy City Clerk CITY OF ANDOVER COUNTY OF ANOKA © STATE OF MINNESOTA RES. NO. R033-23 A RESOLUTION ESTABLISHING MUNICIPAL STATE AID STREETS. WHEREAS, it appears to the City Council of the City of Andover that the streets hereinafter described should be designated as Municipal State Aid Streets under the provisions of Minnesota Laws of 1967 Chapter 162; and NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Andover that the street described as follows, to wit: Old Constance Boulevard NW from Constance Boulevard NW (CR 60) to University Avenue NW (MSAS 114) to be and hereby established, located and designated as a Municipal State Aid street of said City, subject to the approval of the Commissioner of Transportation of the State of Minnesota. BE IT FURTHER RESOLVED that the City Clerk is hereby authorized and directed to forward two certified copies of this resolution to the Commissioner of Transportation for their consideration and upon their approval of the designation of said street or portion thereof, that same be constructed, improved and maintained as a Municipal State Aid Street of the City of ® Andover and to be known as Municipal State Aid Streets. Adopted by the City Council of the City of Andover this 4'" day of Aril , 2023. ATTEST: icNell� H�artner Deputy City Clerk Certification I hereby certify that the above is a true and correct copy of a resolution duly passed, adopted, and approved by the City Council of said City on April 4, 2023. Mic alle Hamner— Deputy City Clerk u E r CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 032-23 MOTION by Council member Butler to adopt the following: A RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR THE IMPROVEMENT OF PROJECT NOS. 23-02 2023 STREET RECONSTRUCTION: 23- 08 2023 CURB, SIDEWALK & PED RAMP REPAIRS; AND 23-17 2023 FULL DEPTH RECLAMATION. WHEREAS, pursuant to advertisement for bids as set out in Council Resolution Nos. 020-23 & 021-23 dated February 21 , 2023, bids were received, opened and tabulated according to law with results of the three lowest bidders as follows: Contractor Project 23-02 Project 23-08 Project 23-17 Total Bid North Valley, Inc. $905,545.25 $92,190.03 $3,229,575.43 $4,227,310.71 Northwest Asphalt, Inc. $910,881.75 $89,386.85 $3,260,198.01 $4,260,466.61 Park Construction Co. $963,370.73 $75,804.02 $3,221,608.26 $4,260,783.01 Engineer's Estimate $912,624.00 $78,905.00 $3,157,447.00 $4,148,976.00 Feasibility Report Estimate 1 $1,029,800.00 $3,395,700.00 1 - NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby accept the bids as shown to indicate North Valley. Inc. as being the apparent low bidder. BE IT FURTHER RESOLVED TO HEREBY direct the Mayor and City Clerk to enter into a contract with North Valley, Inc. in the amount of $4,227,310.71 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 two lowest bidders shall be retained until the contract has been executed and bond requirements met. MOTION seconded by Council member Barthe: and adopted by the City Council at a regular meeting this 4th day of April, 2023 , with Council members Butler, Barthel, Nelson, Engelhardt Bukkila voting in favor of the resolution, and Council members none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA © RES. NO. 031-23 MOTION by Council member Butler to adopt the following: A RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR THE IMPROVEMENT OF PROJECT NO. 21-39, TULIP STREET NW & 161ST AVENUE NW RECONSTRUCTION. WHEREAS, pursuant to advertisement for bids as set out in Council Resolution No. 023-23 dated February 21, 2023, bids were received, opened, and tabulated according to law with results of the three lowest bidders as follows: Contractor Total Bid North Valley, Inc. $1,109,193.76 Park Construction Co. $1,191,815.75 Bituminous Roadways, Inc. $1,223,077.80 Engineer's Estimate $1,157,018.50 Feasibility Report Estimate $1,129,700.00 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of © Andover to hereby accept the bids as shown to indicate North Valley, Inc. as being the apparent low bidder. BE IT FURTHER RESOLVED TO HEREBY direct the Mayor and City Clerk to enter into a contract with North Valley, Inc. in the amount of $1,109,193.76 for construction of the improvements; and direct the City Clerk to return to all bidders the deposits made with their bids, except that the deposit of the successful bidder and the next two lowest bidders shall be retained until the contract has been executed and bond requirements met. MOTION seconded by Council member Barthel and adopted by the City Council at a regular meeting this 4'h day of April, 2023, with Council members Butler. Barthel, Nelson Engelhardt. Bukkila voting in favor of the resolution, and Council members none voting against, whereupon said resolution was declared passed. CITY OF 1DOVER 7 ATTEST: Sheri Bu ila - Ma or is elle Hamner— Deputy City Clerk E ❑a ram, CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 030-23 MOTION by Councilmember Butler to adopt the following: A RESOLUTION APPROVING FINAL PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR PROJECT NOS. 23-11A THROUGH 23-11L 2023 MILL & OVERLAYS, 23-15 2023 MILL & OVERLAY— PRAIRIE ROAD AND 23-16 2023 MILL & OVERLAY — ANDOVER BOULEVARD. WHEREAS, pursuant to Resolution No. 026 -23 . adopted by the City Council on the 21 st day of March . 2023 the City Engineer has prepared final plans and specifications for Project Nos. 23-11 A through 23-11 L. 23-15 and 23-16. WHEREAS such final plans and specifications were presented to the City Council for their review on the 4th day of April, 2023. 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 electronically and virtually at 11:00 a.m. April 28 2023. MOTION seconded by Councilmember Barthel and adopted by the City Council at a regular meeting this 4th day of April , 2023 with Councilmembers Butler, Barthel, Nelson, Engelhardt Bukkila voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. ATTEST: Mi elle Hartner— Deputy City Clerk CITY OF ANDOVER heri But a - M © CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R029-23 A RESOLUTION APPROVING THE LOT SPLIT REQUEST TO SUBDIVIDE INTO TWO PARCELS IN THE R-4 SINGLE FAMILY URBAN ZONING DISTRICT FOR THE PROPERTY LOCATED AT 14034 CROSSTOWN BLVD NW, PID# 33-32-24-11-0006, LEGALLY DESCRIBED AS FOLLOWS: PARCEL A: That part of the Northeast Quarter of the Northeast Quarter of Section 33, Township 32, Range 24, Anoka County, Minnesota, described as follows: Commencing at the Northeast corner of said Northeast Quarter of the Northeast Quarter; thence South 01 degrees 18 minutes 50 seconds West, assumed bearing along the East line of said Northeast Quarter of the Northeast Quarter, a distance of 244.00 feet to the point of beginning of the land to be described; thence South 89 degrees 28 minutes 50 seconds West, parallel with the North line of the Northeast Quarter of the Northeast Quarter, a distance of 253.11 feet; thence South 36 degrees 49 minutes 54 seconds West, a distance of 52.82 feet; thence South 55 degrees 21 minutes 59 seconds East, a distance of 185.16 feet to the intersection with a line bearing South 41 degrees 28 minutes 36 seconds West from the point of beginning; thence North 41 degrees 28 minutes 26 seconds East, a distance of ® 199.94 feet to the point of beginning. EXCEPT That part of the above described property which lies Southeasterly of the centerline of County State Aid Highway No. 18 (Crosstown Blvd. NW) as described in Doc. No. 923563. PARCEL B: That part of the Northeast Quarter of the Northeast Quarter of Section 33, Township 32, Range 24, Anoka County, Minnesota, described as follows: Commencing at the Northeast corner of said Northeast Quarter of the Northeast Quarter; thence South 01 degrees 18 minutes 50 seconds West, assumed bearing along the East line of said Northeast Quarter of the Northeast Quarter, a distance of 244.00 feet to the point of beginning of the land to be described; thence South 41 degrees 28 minutes 26 seconds West, a distance of 356.04 feet; thence North 44 degrees 08 minutes 28 seconds West, a distance of 290.00 feet; thence North 55 degrees 32 minutes 50 seconds East, a distance of 97.96 feet to a point on a line drawn parallel with the North line of said Northeast Quarter of the Northeast Quarter distant 357.00 feet West of the point of beginning, as measured along said parallel line; thence North 89 degrees 28 minutes 50 seconds East, parallel with said North line of the Northeast Quarter of the Northeast Quarter, a distance of 357.00 feet to the point of beginning. EXCEPT H © That part of the above described property which lies Southeasterly of the centerline of County State Aid Highway No. 18 (Crosstown Blvd. NW) as described in Doc. No. 923563. ALSO EXCEPT That part of the Northeast Quarter of the Northeast Quarter of Section 33, Township 32, Range 24, Anoka County, Minnesota, described as follows: Commencing at the Northeast corner of said Northeast Quarter of the Northeast Quarter; thence South 01 degrees 18 minutes 50 seconds West, assumed bearing along the East line of said Northeast Quarter of the Northeast Quarter, a distance of 244.00 feet to the point of beginning of the land to be described; thence South 89 degrees 28 minutes 50 seconds West, parallel with the North line of the Northeast Quarter of the Northeast Quarter, a distance of 253.11 feet; thence South 36 degrees 49 minutes 54 seconds West, a distance of 52.82 feet; thence South 55 degrees 21 minutes 59 seconds East, a distance of 185.16 feet to the intersection with a line bearing South 41 degrees 28 minutes 36 seconds West from the point of beginning; thence North 41 degrees 28 minutes 26 seconds East, a distance of 199.94 feet to the point of beginning. WHEREAS, the property described above, is currently one tax parcel, and the property owner has requested approval of a lot split to subdivide the property; and, WHEREAS, the lot split creates two (2) conforming urban lots that are in compliance with City Code requirements and the Comprehensive Plan; and, ® WHEREAS, the Planning & Zoning Commission finds the request would not have a detrimental effect upon the health, safety, morals and general welfare of the City of Andover; and, WHEREAS, a public hearing was held pursuant to City Code requirements in the manner prescribed by Minnesota State Statutes; and, WHEREAS, the Planning & Zoning Commission recommends to the City Council approval of the lot split as shown on Exhibit A. 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 request on said property with the following conditions: 1. The applicant shall be required to pay a park dedication fee for the new lot in the amount of $5,079.00 and a trail fee is the amount of $1,039.00 prior to the release of the lot split for recording. 2. The applicant shall dedicate a trail easement to the City of Andover as shown on Exhibit A. 3. The applicant shall obtain all required permits from any agency having an interest in the site including but not limited to the Anoka County Highway Department, City of Andover Building Department, etc. ® 4. A grading and erosion control plan must be submitted to the City at the time of building permit submittal. 2 E H 5. As part of the building permit process, all organic material shall be removed and replaced with granular material with no more than five (5%) percent organic material by volume for the front one hundred and ten (I 10.0) feet of the lot and at a minimum width of eighty (80) feet to the satisfaction of the City Engineer. 6. Prior to the issuance of a Certificate of Occupancy on the newly created parcel, any dwelling is required to connect to municipal sewer and water services. 7. Per City Code 13-1A-6-F, if the City Council determines that the conditions of approval are not met within twelve (12) months, the lot split will be null and void. Adopted by the City Council of the City of Andover on this 2111 day of March, 2023. ATTEST: Micl elle Hartner, Deputy City Clerk CITY OF ANDOVER: Sheri Bukkila, Mayor CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R028-23 A RESOLUTION APPROVING THE CONDITIONAL USE PERMIT AMENDMENT REQUEST FOR EXPANSION OF A RELIGIOUS INSTITUTION ON THE PROPERTY AT 13655 ROUND LAKE BOULEVARD AND LEGALLY DESCRIBED AS: That part of the West 445.02 feet of the Northwest Quarter of the Southeast Quarter of Section 32, Township 32, Range 24, in Anoka County, Minnesota, which lies North of the North line of 136th Lane Northwest as laid out and platted in the Plat of Chapman's Second Addition, excepting therefrom the West 60 feet. That part of the East 288 feet of the West 733.02 feet of the Northwest Quarter of the Southeast Quarter of Section 32, Township 32, Range 24 in Anoka County, Minnesota, which lies North of the North line of 136th Lane Northwest as laid out and platted in the Plats of Chapman's Second and Third Additions. Except the North 60 feet of the East 673.02 feet of the West 733.02 feet of the Northwest Quarter of the Southeast Quarter of Section 32, Township 32, Range 24, Anoka County, Minnesota. And also except Parcels 22 and 23, Anoka County Highway Right —of —Way Plat No. 47 according to the map or plat thereof on file and of record in the office of the Anoka County Recorder. WHEREAS, Busch Architects, Inc. has requested a conditional use permit amendment on behalf ® of Grace Lutheran Church, for the expansion of a religious institution on the subject property, and; WHEREAS, the Planning and Zoning Commission held a Public Hearing on February 28, 2023, pursuant to the requirements of City Code 12-14-8, pertaining to the public hearing process, and; WHEREAS, the Planning and Zoning Commission has reviewed the request and has determined that said request meets the criteria of City Code, and; WHEREAS, the Planning and Zoning Commission finds the request would not have a detrimental effect on the health, safety, and general welfare of the City of Andover and recommends to the City Council approval of the Conditional Use Permit Amendment 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 approves the Conditional Use Permit Amendment for expansion of, subject to the following conditions: 1) The project shall conform to the plan set stamped received by the City of Andover February 13, 2023. 2) The applicant shall complete a commercial site plan review process with the City in compliance with City Code 12-15-4. The proposed addition shall comply with the commercial site plan once approved. ® 3) Unless specifically identified here, all previous conditions shall still apply. © 4) The applicant, or their successors or assigns, shall be responsible to obtain the required building and electrical permits from the City of Andover prior to construction of the facilities. 5) All other permits shall be obtained from any agency that may have an interest in the site including but not limited to Lower Rum River Watershed Management Organization, Building Department, Fire Department, Health Department, etc. 6) The Conditional Use Permit shall be subject to a time limit for implementation within twelve (12) months after approval, or the permit will be null and void, as per City Code 12-15-71). 7) During the commercial site plan review process staff and applicant shall evaluate and mitigate to the extent possible lighting to minimize "flashes" onto homes from the west parking lot. 8) Parking in the west lot shall have hours limited to that of the daycare operating hours, which is anticipated to be 6 am to 6 pm. Adopted by the City Council of the City of Andover on this 2 1 ' day of March 2023. H ATTEST:, Mic e le Hartner, Deputy City Clerk u CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA © RES. NO.027-23 MOTION by Council member Butler to adopt the following: A RESOLUTION ACKNOWLEDGING AND ACCEPTING BIDS FOR THE IMPROVEMENT OF PROJECT NOS. 23-03, 2023 CRACK SEALING / 23-05, 2023 PAVEMENT MARKINGS / 23- 07. 2023 TRAIL MAINTENANCE / 23-10, 2023 PARKING LOT MAINTENANCE. WHEREAS, pursuant to the Joint Powers Agreement with Coon Rapids, bids were received, opened and tabulated according to law on March 10, 2023 at Coon Rapids City Hall with the low bidder results as follows: Contractor Andover's Portion Allied Blacktop Co. (Crack Sealing C.P. 23-03 / 23-10) $102,038.00* Warning Lites (Pavement Markings C.P. 23-05) $48,606.90 Allied Blacktop Co. (Foq Sealing C.P. 23-07 / 23-10) $48 672 00** Total $199,316.90 * Includes $81.698.00 for Project 23-03 & $20,340.00 for Project 23-10 ** Includes $40,932.00 for Project 23-07 & $7,740.00 for Project 23-10 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to ® hereby acknowledge and accept the bids as shown to indicate Allied Blacktop Co.. Warning Lites, and Allied Blacktop Co. as being the apparent low bidders for their respected projects. BE IT FURTHER RESOLVED TO HEREBY direct the City of Coon Rapids to enter into contract with Allied Blacktop Co. in the amount of $102,038.00 and Warning Lites in the amount of $ 48,606.90; and Allied Blacktop Co. in the amount of $ 48,672.00; for construction of the improvements; and direct the City of Coon Rapids to proceed with the project as specified in the project specifications. MOTION seconded by Council member Barthel and adopted by the City Council at a regular meeting this 4'h day of -April , 2023, with Council members Butler, Barthe, Nelson, Engelhardt Bukkila voting in favor of the resolution, and Council members none voting against, whereupon said resolution was declared passed. CITY OF ATTEST: ® - Sheri 4Wielle Hartner— Deputy City Clerk ❑# H CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 026-23 MOTION by Councilmember Butler to adopt the following: A RESOLUTION ORDERING THE IMPROVEMENT OF PROJECT NOS. 23-11A THROUGH 23-11L /23-15 PRAIRIE ROAD NW & 23-16 ANDOVER BOULEVARD NW/2023 MILL & OVERLAY AND DIRECTING PREPARATION OF FINAL PLANS AND SPECIFICATIONS. WHEREAS, Resolution No. 022-23 of the City Council adopted on the 21 sT day of February, 2023, fixed a date for a public hearing; and WHEREAS, pursuant to the required published and mailed notice such hearing was held on the 21st day of March. 2023; and WHEREAS, all persons desiring to be heard were given such opportunity for same; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby order improvement Project Nos. 23-11A-23-11 L/23-15/23-16 MOTION seconded by Councilmember Nelson and adopted by the City Council at a regular meeting this 215t day of March . 2023, with Councilmembers Butler, Nelson, Barthel Engelhardt Bukkila voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. ATTEST: is elle Hartner— Deputy City Clerk CITY OF D• © CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R025-23 RESOLUTION AUTHORIZING ANDOVER CITY STAFF TO EXECUTE ALL NECESSARY DOCUMENTS TO ENSURE ANDOVER CITY PARTICIPATION IN THE MULTISTATE SETTLEMENTS RELATING TO OPIOID SUPPLY CHAIN PARTICIPANTS, AND IN THE MINNESOTA OPIOIDS STATE -SUBDIVISION MEMORANDUM OF AGREEMENT. WHEREAS, the State of Minnesota and numerous Minnesota cities and counties are engaged in nationwide civil litigation against opioid supply chain participants related to the opioid crisis; and WHEREAS, the Minnesota Attorney General has signed on to multistate settlement agreements with several opioid supply chain participants, but those settlement agreements are still subject to sign -on by local governments and final agreement by the companies and approval by the courts; and WHEREAS, for the April 2023 agreements there is a deadline of April, 18 2023, for a sufficient threshold of Minnesota cities and counties to sign on to the above -referenced multistate settlement © agreements, and failure to timely sign on may diminish the amount of funds received by not only that city or county but by all Minnesota cities and counties from the settlement funds; and WHEREAS, representatives of Minnesota's local governments, the Office of the Attorney General, and the State of Minnesota have reached agreement on the intrastate allocation of these settlement funds between the State, and the counties and cities, as well as the permissible uses of these funds, which will be memorialized in the Minnesota Opioids State -Subdivision Memorandum of Agreement, as amended (the "State -Subdivision Agreement"); and WHEREAS, the State -Subdivision Agreement creates an opportunity for local governments and the State to work collaboratively on a unified vision to deliver a robust abatement and remediation plan to address the opioid crisis in Minnesota; NOW, THEREFORE, BE IT RESOLVED, Andover city supports and agrees to the State - Subdivision Agreement; and BE IT FURTHER RESOLVED, Andover city supports and opts into the April 2023 multi -state agreement and all future multistate settlement agreements with opioid supply chain participants; and BE IT FURTHER RESOLVED, Andover city authorizes city staff to execute all necessary documents to ensure Andover city participation in the multistate settlement agreements, including © Participation Agreement(s) and accompanying Release(s), and the State -Subdivision Agreement(s), unless and until such authority is revoked. 0 Adopted by the Andover City Council on the 21' day of March 2023. CITY OF AND CUR i"- ATTEST: / - ` Sheri la - lqice&lle Hartner -Deputy City Clerk � J CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA © RES. NO. 024-23 MOTION by Council member Nelson to adopt the following: A RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR THE IMPROVEMENT OF PROJECT NO. 22-43, LIFT STATION NO 1 PIPING IMPROVEMENTS & VALVE VAULT ADDITION WHEREAS, pursuant to advertisement for bids as set out in Council Resolution No. 011-23 dated February 7, 2023, bids were received, opened, and tabulated according to law with results of the three lowest bidders (Base Bid Only) as follows: Minger Construction Co. Inc. $239,750.00 Tom's Backhoe $277,600.00 Pember Companies, Inc. $285,255.00 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby accept the bids as shown to indicate _Minger Construction Co Inc as being the apparent low bidder. BE IT FURTHER RESOLVED TO HEREBY direct the Mayor and City Clerk to enter into a contract with _ Minger Construction Co Inc in the amount of $239,750.00 (Base Bid Only) for construction of the improvements; and direct the City Clerk to return to all bidders the deposits made with their bids, except that the deposit of the successful bidder and the next two lowest bidders shall be retained until the contract has been executed and bond requirements met. MOTION seconded by Council member Barthel and adopted by the City Council at a regular meeting this 215t day of March , 2023, with Council members _ Nelson, Barthel Butler Engelhardt Bukkila voting in favor of the resolution, and Council members none voting against, whereupon said resolution was declared passed. ❑s © CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 023-23 MOTION by Councilmember Barthel to adopt the following: A RESOLUTION APPROVING FINAL PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR PROJECT NO. 21-39. 161sT AVENUE NW & TULIP STREET NW RECONSTRUCTION. WHEREAS, pursuant to Resolution No. 007-23, adopted by the City Council on the 17th day of January, 2023 the City Engineer has prepared final plans and specifications for Project No. 21-39. WHEREAS such final plans and specifications were presented to the City Council for their review on the 21st day of February, 2023. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby approve the Final Plans and Specifications. ® BE IT FURTHER RESOLVED by the City Council of the City of Andover to hereby direct the City Clerk to seek public bids as required by law, with such bids to be opened electronically and virtually at _ 2:00 p.m. March 23 , 2023 . MOTION seconded by Councilmember Nelson and adopted by the City Council at a regular meeting this 21$t day of February , 2023 with Councilmembers Barhtel, Nelson, Butler, Engelhardt (absent) Bukkila voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. ATTEST: is elle �Haner— Deputy City Clerk N N E E CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 022-23 MOTION by Council member Barthel to adopt the following: A RESOLUTION ACCEPTING FEASIBILITY REPORT AND CALLING PUBLIC HEARING ON IMPROVEMENT FOR PROJECT NOS. 23-11A THROUGH 23- 11 L,/23-15 PRAIRIE ROAD NW & 23-16 ANDOVER BOULEVARD NW/2023 MILL & OVERLAY.. WHEREAS, pursuant to Resolution No. 097-22, adopted the 20th day of December , 2022 a Feasibility Report has been prepared by the Citv Engineer for the improvements: and WHEREAS, such report was received by the City Council on the 215t day of February , 2023; and WHEREAS such reports declared the proposed assessments to be feasible for an estimated total project cost of $ 2,246,170.00. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover that: 1. The City Council hereby accepts the Feasibility Report for Projects 23-11A-L. 23-15/23-16 for the improvements. 2. The Council will consider the improvements in accordance with the reports and the assessment of abutting property for all or a portion of the improvement pursuant to Minnesota Statutes Chapter 429 at an estimated total cost of the improvement of $ 2,246,170.00. 3. A public hearing shall be held on such proposed improvement on the 7th day of March , 2023 in the Council Chambers of the City Hall at 7:00 PM and the Clerk shall give mailed and published notice of such hearing and improvement as required by law. MOTION seconded by Council member Nelson and adopted by the City Council at a regular meeting this 21st day of February , 2023 , with Council members Barthel. Nelson, Butler, Engelhardt (absent) Bukkila voting in favor of the resolution, and Council members mone voting against, whereupon said resolution was declared passed. ® CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 021-23 MOTION by Councilmember Barthel to adopt the following: A RESOLUTION APPROVING FINAL PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR PROJECT NO. 23-17,2023 FULL DEPTH RECLAMATION. WHEREAS, pursuant to Resolution No. 008-23, adopted by the City Council on the 17th day of January , 2023 the City Engineer has prepared final plans and specifications for Project No. 23-17 WHEREAS such final plans and specifications were presented to the City Council for their review on the 21st day of February 2023. 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 electronically and virtually at 10:00 a.m. March 23 , 2023. MOTION seconded by Councilmember Nelson and adopted by the City Council at a regular meeting this 215t day of February , 2023 with Councilmembers Barthel, Nelson, Butler. Enaelhardt (absent). Bukkila voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. ATTEST: Micl elle Hartner— Deputy City Clerk E © CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 020-23 MOTION by Councilmember Barthel to adopt the following: A RESOLUTION APPROVING FINAL PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR PROJECT NO. 23-2, 2023 STREET RECONSTRUCTION. WHEREAS, pursuant to Resolution No. 064-22, adopted by the City Council on the 6t day of September, 2022 the City Engineer has prepared final plans and specifications for Project No. 23-2. WHEREAS such final plans and specifications were presented to the City Council for their review on the 21 st day of February, 2023. 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 electronically and virtually at 10:00 a.m. . March 23 , 2023. MOTION seconded by Councilmember Nelson and adopted by the City Council at a regular meeting this 21s' day of February , 2023 with Councilmembers Barthel, Nelson, Butler. Engelhardt (absent) Bukkila voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. ATTEST: ich Ile Hartner — Deputy City Clerk C © CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R019-23 A RESOLUTION APPROVING THE FINAL PLAT OF "FIELDS OF WINSLOW COVE 2No ADDITION" FOR THE PROPERTY LEGALLY DESCRIBED AS: Outlot G, Outlot Hand Outlot I, FIELDS OF WINSLOW COVE, according to the recorded plat thereof, Anoka County, Minnesota WHEREAS, the City Council has approved the preliminary plat for the project to be known as "Fields of Winslow Cove"; and, WHEREAS, the Developer has presented a final plat of "Fields of Winslow Cove 2"d Addition", which is a part of the Fields of Winslow Cove, and it is consistent with the approved preliminary plat. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby approve the final plat of "Fields of Winslow Cove 2vd Addition" contingent upon the following: 1. The plat shall conform to the final plat stamped received by the City of Andover on January 12, 2023. 2. Separate Vehicle Maintenance Access easement agreements shall be provided over, under and across the appropriate locations which must be approved by the City Attorney and recorded with Anoka County with the final plat. 3. All other appropriate easements including but not limited to easements for the dedication of right- of-way shall be provided, reviewed and approved by the City Attorney and recorded with Anoka County with the final plat. 4. Park dedication and trail fees shall be paid. 5. Declaration of Covenants, Restrictions and Easements shall be reviewed and approved by the City Attorney related to the planned unit development agreement. 6. An updated title commitment and the final plat must be approved by the City Attorney. 7. All outstanding comments and conditions from the preliminary plat shall be addressed to the satisfaction of the City Engineer prior to construction or release of the final plat for recording. 8. All outstanding comments and conditions from the Review #2 of the final plat dated January 27, 2023, shall be addressed to the satisfaction of the City Engineer prior to release of the final plat. 9. Prior to the recording of the final plat, a development agreement acceptable to the City Attorney must be executed by the developer. Adopted by the City Council of the City of Andover this T" day of February 2023. ATTEST: CITY OF AMiXille Harmer, City Clerk Sheri B ND e CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R018-23 A RESOLUTION GRANTING THE VACATION OF A DRAINAGE AND UTILITY EASEMENT IN FIELDS OF WINSLOW COVE, PIN(s) 24-32-24-32-0055, 24-32-24-33-0002, and 23-32-24-41-0002, LEGALLY DESCRIBED AS FOLLOWS AND SHOWN ON EXHIBIT A: Vacate that part of the Drainage and Utility Easement as dedicated on Outlot G, Outlot H and Outlot I, FIELDS OF WINSLOW COVE, Anoka County, Minnesota, according to the recorded plat thereof. WHEREAS, the property owner has requested to vacate the described drainage and utility easement; and WHEREAS, a public hearing was held pursuant to the requirements of Minnesota State Statute and City Code 8-6-1; and WHEREAS, the City Council finds the request would not have a detrimental effect upon the health, safety, moral, and general welfare of the City of Andover. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby grants the vacation of drainage and utility easement subject to the following: 1. The vacation of easement shall be recorded with Anoka County as shown on "Exhibit A". 2. The Fields of Winslow Cove 211 Addition Final Plat shall be recorded with Anoka County. 3. New Roadway, Drainage and Utility Easements shall be dedicated as part of the Fields of Winslow Cove 21 Addition plat and shall be recorded with Anoka County. 4. Pursuant to City Code 8-6-1-D, if the City Council determines that no significant progress has been made in the first twelve months after approval of the application, the approval will be null and void. Adopted by the City Council of the City of Andover on this 7' day of February 2023. ATTEST licMllela4er, Deputy City Clerk E CIT heri �-- SHEEP NUMBER: FIELDS OF WINSLOW COVE I west"od i SECOND ADDITION °]°°• omw° .° "°'"" "° "•'w "° EASEMENT VACATION OF FM M4."d MInM1ueM4 W135.M] p81!_vmRnm ANDOVER MINNESOTA µypym,�y„µm PROTECT NUMBER:0028734.00 I DATE 07/03/2023 Is— RECEIVED JAN 0 4 2023 CITY OF ANDOVER © CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R017-23 A RESOLUTION GRANTING THE VACATION OF A DRAINAGE AND UTILITY EASEMENT AT 3147 —140" AVE NW, PIN 33-32-24-22-0010, LEGALLY DESCRIBED AS FOLLOWS AND SHOWN ON EXHIBIT A: Vacate that part of the Drainage and Utility Easement as dedicated on Lot 10, Block 1, WOODLAND CREEK SECOND ADDITION, Anoka County, Minnesota, according to the recorded plat thereof, lying northeasterly of a line drawn from a point on the northwest line of said Lot 10 distant 67.00 feet Southwesterly, measured along said northwest line, from the northwest comer of said Lot 10 to a point on the southeast line of said Lot 10 distant 50.00 feet Southwesterly, measured along said southeast line, from the northeast comer of said Lot 10. And lying southwesterly of a line drawn from a point on the said northwest line distant 43.00 feet Southwesterly, measured along said northwest line, from said northwest comer to a point on said southeast line distant 29.00 feet Southwesterly, measured along said southeast line, from said northesat comer. And lying southeasterly of the southeast line of the nortwest 5 feet of said Lot 10. ® And lying northwesterly of the northwest line of the southeast 5 feet of said Lot 10. WHEREAS, the property owner has requested to vacate the described drainage and utility easement; and WHEREAS, a public hearing was held pursuant to the requirements of Minnesota State Statute and City Code 8-6-1; and WHEREAS, the City Council finds the request would not have a detrimental effect upon the health, safety, moral, and general welfare of the City of Andover. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby grants the vacation of drainage and utility easement subject to the following: 1. The vacation of easement shall be recorded with Anoka County as shown on "Exhibit A". 2. Pursuant to City Code 8-6-1-D, if the City Council determines that no significant progress has been made in the first twelve months after approval of the application, the approval will be null and void. Adopted by the City Council of the City of Andover on this 7' day of February 2023. ATTEST , CITY OF I �Q�La-, , © Mic lle Harmer, Deputy City Clerk heri B ,May FXi7iterr A PROPOSED VAOA P�S( -K OF DRAINAGE AND' `.A�°t),.U:`�',1L -�Y--.EASEMENT LAKE AND. LA%?D-.S RU ylk p II,�C. 1200 Centre Pointe 't i ivh,,, utte S1YSi t_ Made For: Mendota Heights, Minnesdt 55ho ' M3147 140th Avenue NW r. Rick Sorensen Phone: ''dg1-776—t3P!1 i•1. �`e%',�. \ 'r• r.<.'-. Andover. MN 66304 NO Uf eST FGIr33c�...v�..,, Legal Description:(Tax Description) Lot 10. Block 1 WOODLAND CREEK SECOND �41'e°R�4' TRACT ADDITION. Anoka County, Minnesota:NosimmT la J. i / °`+�>�ejL��':• >` : ��•. �. /m107 OF LOT m D,go,F<q \ j fttAPs area / �i,�`0i,�;,, ''Y . (p�,10 .\ _ \ \ \41 ema 1NAVUee ;,y 10 1 inch = 30 ft. Proposed Vacation of Drainage and Utility Easement:. Vacate Eliot Pert of the lir h ge and Utility Eseannat ei deiicetcd on lot 10. oo I.;-iPO2`lsP CBEA[0 SECOND ADUMN, Anelm Comt9. Mlmeaote, neamrUaB W the recorded pint tLmee4 lyiae ze� a eterly of. ) e.diaerA; Y[o"$i'e Polat ov the mrlNaeat. Use of ..acid Ivt 10 diafaat 87.00 feet Seuthaeatesly, toamomd dlon9 aetd aortLaert ����::�� matbevtha northeast corner of .eM Tat 10 to n point ov T)b seufh.eat X. et Bald fnt /0 abtant 60.00 ifeet SouthamGrly. ms6*N d,.?I?PS:, eeM.mvlheeeE Um, horn the uortheest corer of a.td fat 10.n...i;n•, ?ngbr^ram •: .. lyh g ewthaeatarly of a lino drain from a polat on the .aid mrth.A Mae distant 43.00 led SonNneaterly, aueeared elovq acid ..0 a wt Mae, from sold mriEweat corner to a point oa e.td mvtLanst Mm dtafen! 28.00 feet Sevtheeslerly, meeamed along veld oulheast 0ae, from acid verthenn! comer. Ana lying southeasterly of the eovtheest live of the mrthae.t 5 feet at Bold L t 10. And ,lying nealhaeeterly of the mrihee.t Mae of the southeast S feet of acid Int 10. V 110 L &!OHUA - MOOT NAME =IS F. V"ATONe869.10 NAVOSS SNE ADORES§: M47 140R1 AVENUE N.W.. ANDOVER. MN 53004 0 Denotes 12 Inch Common Spike set with washer stomped RLS 16464 cir as noted. Denotes Iron Monument found . size, type, & R.LS. as noted. BASS OF BFAPo M ANONA COUNTY COORONAIE SY51EM NADS3 (iSS6 AD,L) LN k LAND SURVEYING. JOS NO. 2022.419 Rle I heie6§ eeNify Not ttb arwy, plat, that I a . prepared ze me a under nIY dMecf suow,pf n and ttat i an o t. Lkensd I.�enQM9i_iv.�ayonnrunder Ibe bws,pt the stole of NNmaota 1`ya^'/ram December 0, ZA22 RRegMrae7eUnnd 9aveyor Mbnemto RegbtraUm N. 60424 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R016-23 MOTION by Councilmember Nelson to adopt the following: A RESOLUTION ACCEPTING A CONTRIBUTION MADE TO THE CITY OF ANDOVER TO BE USED TOWARDS THE ACCEPTANCE OF THE MUNICIPAL WASTE PREVENTION & RECYCLING GRANT RELATED TO THE PURCHASE OF EQUIPMENT FOR THE ANDOVER RECYCLING CENTER OIL TANK AREA. WHEREAS, any contributions that are to be made to the City of Andover must be accepted by the City Council; and WHEREAS, the $1,908.98 contribution from ANOKA COUNTY is to be used towards the purchase of OIL TANK ACCESSORIES. NOW, THEREFORE BE IT RESOLVED by the City Council to hereby accept the contribution, which is to be used towards THE PURCHASE OIL TANK ACCESSORIES. ® MOTION seconded by Councilmember Barthel and adopted by the City Council at a regular meeting this 7'h day of February 2023, with Councilmembers Bukkila, Barthel, Butler, Englehardt and Nelson voting in favor of the resolution, and Councilmembers None voting against, whereupon said resolution was declared passed. ATTEST: is Ile Hartner - Deputy City Clerk ❑a © CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R015-23 MOTION by Councilmember Nelson to adopt the following: A RESOLUTION APPROVING CHANGE ORDER #1 TO PROJECT NO. 22-44, DEHUMIDIFICATION UNIT — ICE ARENA (PHASE 1) — COMMUNITY CENTER. WHEREAS, the City of Andover has a contract for Project No. 22-44, Dehumidification Unit — Ice Arena (Phase 1) — Community Center with Johnson Controls. NOW THEREFORE, BE IT RESOLVED by the City Council of Andover to hereby approve the change order #1 to Project No. 22-44. MOTION seconded by Councilmember Barthel and adopted by the City Council at a regular meeting this 7th day of February 2023, with Councilmembers Bukkila, Barthel, Butler, Englehardt and Nelson voting in favor of the resolution, and Councilmembers None voting against, whereupon said resolution was declared passed. ATTEST: is Ile Hartner— Deputy City Clerk E © CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 014-23 MOTION by Councilmember Nelson to adopt the following: A RESOLUTION ORDERING IMPROVEMENT AND DIRECTING PREPARATION OF PLANS AND SPECIFICATIONS FOR THE IMPROVEMENT OF PROJECT NO. 23-23, FIRE STATION #2 PARKING LOT RECONSTRUCTION. WHEREAS, the City Council is cognizant of the need for the improvements; and NOW, THEREFORE BE IT RESOLVED by the City Council to order the improvement of Fire Station #2 Parking Lot Reconstruction, Project 23-23: and BE IT FURTHER RESOLVED by the City Council to hereby direct the City Engineer to prepare the plans and specifications for such improvement project. MOTION seconded by Councilmember Barthel and adopted by the City Council at a regular meeting this 7th day of February , 2023, with © Councilmembers Nelson, Barthel, Butler, Engelhardt, Bukkila voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER__ ATTEST: 1 -5 heri B i a - Ma Miclibile Hartner— Deputy City Clerk E © CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 013-23 MOTION by Councilmember Nelson to adopt the following: A RESOLUTION ORDERING IMPROVEMENT AND DIRECTING PREPARATION OF PLANS AND SPECIFICATIONS FOR THE IMPROVEMENT OF PROJECT NO. 23-22, SUNSHINE PARK NORTH PARKING LOT RECONSTRUCTION. WHEREAS, the City Council is cognizant of the need for the improvements; and NOW, THEREFORE BE IT RESOLVED by the City Council to order the improvement of Sunshine Park North Parking Lot Reconstruction Project 23-22: and BE IT FURTHER RESOLVED by the City Council to hereby direct the City Engineer to prepare the plans and specifications for such improvement project. MOTION seconded by Councilmember Barthel and adopted by the City Council at a regular meeting this 7th day of February 2023, with ® Councilmembers Nelson, Barthel, Butler, Engelhardt, Bukkila voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ATTEST: Sheri B Wicelle Hamner —Deputy City Clerk E ® CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 012-23 MOTION by Councilmember Nelson to adopt the following: A RESOLUTION ORDERING IMPROVEMENT AND DIRECTING PREPARATION OF PLANS AND SPECIFICATIONS FOR THE IMPROVEMENT OF PROJECT NO. 22-40, KELSEY ROUND LAKE PARK BOARDWALK REPLACEMENT. WHEREAS, the City Council is cognizant of the need for the improvements; and NOW, THEREFORE BE IT RESOLVED by the City Council to order the improvement of Kelsey Round Lake Park Boardwalk Replacement, Project 22-40: and BE IT FURTHER RESOLVED by the City Council to hereby direct the City Engineer & Mattson Macdonald Young, Inc. to prepare the plans and specifications for such improvement project. MOTION seconded by Councilmember Barthel and adopted by the City Council at a regular meeting this 7th day of February 2023, with Councilmembers Nelson, Barthel, Butler, Engelhardt, Bukkila voting in favor of the resolution, and Councilmembers voting against, whereupon said resolution was declared passed. ATTEST: 4'QVJ'Th(J" Michelle Hartner Deputy City Clerk i,J © CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 011-23 MOTION by Councilmember Nelson to adopt the following: A RESOLUTION APPROVING FINAL PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR PROJECT NO. 22-43, LIFT STATION NO. 1 PIPING IMPROVEMENTS & VALVE VAULT ADDITION. WHEREAS, pursuant to Resolution No. 061-22, adopted by the City Council on the 6th day of September, 2022, WSB Consulting has prepared final plans and specifications for Project No. 22-43,. WHEREAS such final plans and specifications were presented to the City Council for their review on the 7th day of February, 2023. 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 electronically and virtually at 11:00am Tuesday, February 28 2023. MOTION seconded by Councilmember Barthel and adopted by the City Council at a regular meeting this 7th day of February , 2023 with Councilmembers Nelson, Barthel, Butler, Engelhardt, Bukkila voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. ATTEST: 4Micelle Hartner — eputy City Clerk H CITY OF ANDOVER ® COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. RO10-23 A RESOLUTION APPROVING THE CONDITIONAL USE PERMIT REQUEST FOR A DRIVE - THROUGH WINDOW, FOR THE PROPOSED BUSINESS LOCATED AT 2270 BUNKER LAKE BOULEVARD, LEGALLY DESCRIBED AS: Lot 2, Block 1, Andover Marketplace, Anoka County, Minnesota WHEREAS the applicant is Andover Station 2016, LLC and has requested a conditional use permit for a drive -through window at the subject property, with authorization from the property owner, and; WHEREAS the Planning and Zoning Commission held a Public Hearing on January 10, 2023, pursuant to the requirements of City Code 12-15-3, pertaining to the public hearing process, and; WHEREAS the Planning and Zoning Commission has reviewed the request and has determined that said request meets the criteria of City Code, and finds the request would not have a detrimental effect on the health, safety, and general welfare, values of property and scenic views in the surrounding area, and; WHEREAS the Planning and Zoning Commission recommends to the City Council approval of the © Conditional Use Permit request, and; NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby agrees with the recommendation of the Planning and Zoning Commission and approves the conditional use permit for a drive -through window at 2270 Bunker Lake Boulevard (PIN: 34-32-24-32-0027), subject to the following conditions: 1. The applicant shall complete a commercial site plan review process with the City in compliance with City Code 12-15-4. 2. All other permits shall be obtained, including but not limited to Building, Department of Health, etc. 3. The applicant shall provide coniferous/evergreen landscaping to screen headlights from vehicles in the drive -through from residential properties to the north. 4. The Conditional Use Permit shall be subject to a time limit for implementation within twelve months after approval, or the permit will be null and void, as per City Code 12-15-71). Adopted by the City Council of the City of Andover on this 17' day of January CITY OF ANDOVER ATTEST:- © is elle Hartner, Deputy City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. ROIO-23 A RESOLUTION APPROVING THE CONDITIONAL USE PERMIT REQUEST FOR A DRIVE - THROUGH WINDOW, FOR THE PROPOSED BUSINESS LOCATED AT 2270 BUNKER LAKE BOULEVARD, LEGALLY DESCRIBED AS: Lot 2, Block 1, Andover Marketplace, Anoka County, Minnesota WHEREAS the applicant is Andover Station 2016, LLP and has requested a conditional use permit for a drive -through window at the subject property, with authorization from the property owner, and; WHEREAS the Planning and Zoning Commission held a Public Hearing on January 10, 2023, pursuant to the requirements of City Code 12-15-3, pertaining to the public hearing process, and; WHEREAS the Planning and Zoning Commission has reviewed the request and has determined that said request meets the criteria of City Code, and finds the request would not have a detrimental effect on the health, safety, and general welfare, values of property and scenic views in the surrounding area, and; WHEREAS the Planning and Zoning Commission recommends to the City Council approval of the ® Conditional Use Permit request, and; NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby agrees with the recommendation of the Planning and Zoning Commission and approves the conditional use permit for a drive -through window at 2270 Bunker Lake Boulevard (PIN: 34-32-24-32-0027), subject to the following conditions: 1. The applicant shall complete a commercial site plan review process with the City in compliance with City Code 12-15-4. 2. All other permits shall be obtained, including but not limited to Building, Department of Health, etc. 3. The applicant shall provide coniferous/evergreen landscaping to screen headlights from vehicles in the drive -through from residential properties to the north. 4. The Conditional Use Permit shall be subject to a time limit for implementation within twelve months after approval, or the pennit will be null and void, as per City Code 12-15-71). Adopted by the City Council of the City of Andover on this 171 day of January 2023. CITY OF ANDOVER ATTEST: 5Sheri B e'la,r © H,Dty Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R009-23 A RESOLUTION APPROVING THE CONDITIONAL USE PERMIT REQUEST FOR A DRIVE - THROUGH WINDOW, FOR THE PROPOSED BUSINESS LOCATED AT 2184 BUNKER LAKE BOULEVARD, LEGALLY DESCRIBED AS: Lot 2, Block 1, Andover Marketplace 2°d Addition, Anoka County, Minnesota WHEREAS the applicant is Andover Station 2016, LLP and has requested a conditional use permit for a drive -through window at the subject property, with authorization from the property owner, and; WHEREAS the Planning and Zoning Commission held a Public Hearing on November 22, 2022, pursuant to the requirements of City Code 12-15-3, pertaining to the public hearing process, and; WHEREAS the Planning and Zoning Commission has reviewed the request and has determined that said request meets the criteria of City Code, and finds the request would not have a detrimental effect on the health, safety, and general welfare, values of property and scenic views in the surrounding area, and; WHEREAS the Planning and Zoning Commission recommends to the City Council approval of the Conditional Use Permit request., and; © NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby agrees with the recommendation of the Planning and Zoning Commission and approves the conditional use permit for a drive -through window at 2184 Bunker Lake Boulevard (PIN: 34-32-24-31-0154), subject to the following conditions: 1. The applicant shall complete a commercial site plan review process with the City in compliance with City Code 12-15-4. 2. All other permits shall be obtained, including but not limited to Building, Department of Health, etc. 3. The applicant shall provide coniferous/evergreen landscaping to screen headlights from vehicles in the drive -through from residential properties to the north. 4. The Conditional Use Permit shall be subject to a time limit for implementation within twelve months after approval, or the permit will be null and void, as per City Code 12-15- 7D. Adopted by the City Council of the City of Andover on this 17' day of January 2023. CITY OF ANDOVER ATTESTr is elle Harmer, Deputy City Clerk CITY OF ANDOVER ® COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 008-23 MOTION by Councilmember Butler to adopt the following: A RESOLUTION ORDERING THE IMPROVEMENT OF PROJECT NO. 23-17, FULL DEPTH RECLAMATION AND DIRECTING PREPARATION OF FINAL PLANS AND SPECIFICATIONS. WHEREAS, Resolution No. 086-22 of the City Council adopted on the 20t" day of December , 2022, fixed a date for a public hearing; and, WHEREAS, pursuant to the required published and mailed notice such hearing was held on the 171 day of January 2023; and WHEREAS, all persons desiring to be heard were given such opportunity for same; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby order improvement Project No. 23-17 © MOTION seconded by Councilmember Engelhardt and adopted by the City Council at a regular meeting this 17t' day of January 2023, with Councilmembers Butler, Engelhardt, Barthel Nelson Bukkila voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. ATTEST: Uicelle Hamner— Deputy City Clerk H CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 007-23 MOTION by Councilmember Butler to adopt the following: A RESOLUTION ORDERING THE IMPROVEMENT OF PROJECT NO. 21-39, TULIP STREET NW & 161stAVENUE NW RECONSTRUCTION AND DIRECTING PREPARATION OF FINAL PLANS AND SPECIFICATIONS. WHEREAS, Resolution No. 088-22 of the City Council adopted on the 6th day of December , 2022, fixed a date for a public hearing; and WHEREAS, pursuant to the required published and mailed notice such hearing was held on the 17th day of January 2023: and WHEREAS, all persons desiring to be heard were given such opportunity for same; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby order improvement Project No. 21-39 . ® MOTION seconded by Councilmember Nelson and adopted by the City Council at a regular meeting this 17th day of January 2023, with Councilmembers Butler, Nelson. Barthel Engelhardt Bukkila voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ATTEST: Sheri Mich Ile Hamner— Deputy City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA a RES. NO.006-23 MOTION by Council member Butler to adopt the following: A RESOLUTION DECLARING ADEQUACY OF PETITION, WAIVING PUBLIC HEARING, ORDER & APPROVE FEASIBILITY REPORT, ORDERING ASSESSMENT ROLL AND ADOPTING ASSESSMENT FOR WATER MAIN PROJECT NO. 23-21 FOR 2101/2103 — 140TH LANE NW. WHEREAS, the City Council has received a petition, dated January 6, 2023 requesting the construction of improvements; and WHEREAS, such petition has been validated to represent the signatures of 100% of the affected property owners requesting such improvement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF ANDOVER, MINNESOTA: 1. The City Council of the City of Andover hereby accepts petition, waives public hearing, orders assessment roll and adopts assessment. 2. Such proposed assessment, a copy of which is attached hereto and made part hereof, is hereby accepted and shall constitute the special assessment against the lands named therein, and each tract of land therein included is hereby found to be benefited by the proposed improvement in the amount of the assessment levied against it. 3. Such assessments shall be payable in equal annual installments extending over a period of 5 years, the first of the installments to be payable on or before the first Monday in January, 2024 and shall bear interest at the rate of 4_5 percent per annum from the date of the adoption of this assessment resolution. To the first installment shall be added interest on the entire assessment from the date of this resolution until December 31, 2023. To each subsequent installment when due shall be added interest for one year on all unpaid installments. 4. The owners may pay the whole of the assessment on such property on February 17, 2023. If not paid at that time, the assessment shall accrue interest. MOTION seconded by Council member Nelson and adopted by the City Council at a regular meeting this 17th day of January, 2023, with Council members Butler, Nelson, Barthel, Engelhardt Bukkila voting in favor of the resolution, and Council members none voting against, whereupon said resolution was declared passed. ® ATTEST: iclhelle Hamner— Deputy City Clerk © CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R005-23 A RESOLUTION APPROVING DESIGNATING BUSINESS ADMINISTRATOR FOR ELECTRONIC FUNDS TRANSFERS WHEREAS, Minnesota Statutes sets forth the procedures for electronic funds transfers which include requiring the Andover City Council to annually designate authority to the City's Finance Manager to make electronic funds transfers (EFT); and WHEREAS, the disbursing bank(s) will receive a copy of the annual delegation of authority; and WHEREAS, the documentation of each EFT will include the identification of the initiator, evidence of approval by an authorized party, electronic or written confirmation of each transaction within one business day; and WHEREAS, electronic disbursement payments shall be processed through the accounts payable procedures; and WHEREAS, all electronic transfer transactions shall continue to be included on the expenditures © list provided to the City Council. NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Andover hereby approves the City's Finance Manager as the designated business administrator for electronic funds transfers. Adopted by the Andover City Council on the 31 day of January 2023. ATTEST: 4MichHarmer — Deputy City Clerk C CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R004-23 A RESOLUTION DESIGNATING DEPOSITORIES OF CITY FUNDS AND SUPPLEMENTAL DEPOSITORIES OF CITY FUNDS FOR INVESTMENT PURPOSES ONLY. WHEREAS, Minnesota Statutes sets forth the procedures for the deposit of public funds which include requiring the Andover City Council to annually designate the official depositories for City funds and manage the collateral pledged to such funds; and WHEREAS, other financial institutions are, from time to time, able to pay the City of Andover interest rates on deposits that are greater than can be obtained from the official depositories. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover that the City's official depositories for 2023 are the Andover office of Wells Fargo Bank Minnesota, N.A. and the Andover office of US Bank. BE IT FURTHER RESOLVED that Wells Fargo Investment Services Inc. and Wells Fargo Institutional Trust; US. Bank Institutional Trust; the Minnesota Municipal Money Market Fund (4M); Premier Bank of Andover (includes Maplewood, Rochester & Farmington charters); Northland Securities; Comerica Securities Inc.; and Raymond James be designated as additional depositories for 2023 for investment and cash management purposes only. BE IT STILL FURTHER RESOLVED that the City Administrator or Finance Manager of the City of Andover are hereby designated as the approval authority for the release and acceptance of all collateral to be held by the City in conjunction with City funds on deposit with authorized institutions. Adopted by the Andover City Council on the 3r1 day of January 2023. CITY OF ATTEST: qher%r iHartner — Deputy City Clerk 1.01 © CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R003-23 A RESOLUTION AUTHORIZING AN APPLICATION FOR 2023 COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS TO BE USED TO CONDUCT PROJECTS WITHIN THE CITY OF ANDOVER FOR THE BETTERMENT OF ANDOVER RESIDENTS WHEREAS, the City Council has been made aware of ground water contamination issues related to 1,4-dioxane or PFAS in a portion of the community; and WHEREAS, the City of Andover has homes that do not have city water available to them and MPCA is monitoring the ground water through private wells; and WHEREAS, the City Council understands that ground water moves; and WHEREAS, the City Council wants to be preppared if additional areas are in need of city water due to ground water contamination; and © WHEREAS, the City Council believes that ground water contamination of private wells can present a serious or immediate threat to the health or welfare of the community; and WHEREAS, the City Council believes that ground water contamination of private wells can lead to slums or blight; and WHEREAS, the City Council recognizes the need to use Community Development Block Grant funds for the betterment of Andover residents; and WHEREAS, the County of Anoka makes said funds available to the City through the United States Department of Housing and Urban Development (HUD), following guidelines established for the use of Community Development Block Grant funds; and WHEREAS, the City will be eligible to receive funds distributed by Anoka County to conduct projects for the residents of the City for the 2023 fiscal year; and NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby approves the 2023 Community Development Block Grant Project and Budget as follows: 2023 Authorized CDBG Application with Requested Amount: Project 2023 Proposal ® Feasibility study for constructing water main in urban $50, 000 areas not served by municipal water City Contribution $20,000 TOTAL Adopted by the City Council of the City of Andover on this 3rd day of CITY OF ANDOVER ATTEST: Sheri �Y6G �+ 41eWllejHjartner, Deputy City Clerk u u $70,000 © CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R002-23 A RESOLUTION AUTHORIZING AN APPLICATION FOR 2023 COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS TO BE USED TO CONDUCT PROJECTS WITHIN THE CITY OF ANDOVER FOR THE BETTERMENT OF ANDOVER RESIDENTS WHEREAS, the target area is currently being monitored by the MPCA for 1,4 Dioxane; and WHEREAS, the target area has water main with service lines available to them; and WHEREAS, the City Council recognizes the need to use Community Development Block Grant funds for the betterment of Andover residents; and WHEREAS, the County of Anoka makes said funds available to the City through the United States Department of Housing and Urban Development (HUD), following guidelines established for the use of Community Development Block Grant funds; and WHEREAS, the City will be eligible to receive funds distributed by Anoka County to conduct projects for the residents of the City for the 2023 fiscal year; and © NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby approves the 2023 Community Development Block Grant Project and Budget as follows: 2023 Authorized CDBG Application with Requested Amount Proiect 2023 Proposal Assistance to connect homes to municipal $100, 000 water system within the target area. TOTAL $100,000 Adopted by the City Council of the City of Andover on this 31 day of January 2023. CITY OF ANDOVER ATTEST: Sheri B la, May is lle Harmer, Deputy City Clerk CITY OF ANDOVER COUNTY OF ANOKA © STATE OF MINNESOTA RES. NO. 001-23 MOTION by Council member Nelson to adopt the following: A RESOLUTION ACCEPTING FEASIBILITY REPORT AND CALLING PUBLIC HEARING ON IMPROVEMENT FOR PROJECT NO. 23-17, 2023 FULL DEPTH RECLAMATION. WHEREAS, pursuant to Resolution No. 096-22, adopted the 20th day of December , 2022 a Feasibility Report has been prepared by the City Engineer for the improvements: and WHEREAS, such report was received by the City Council on the 3rd day of January , 2023; and WHEREAS such reports declared the proposed assessments to be feasible for an estimated total project cost of $3,853,700.00. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover that: 1. The City Council hereby accepts the Feasibility Reports for Project No. 21-39 for the improvements. © 2. The Council will consider the improvements in accordance with the reports and the assessment of abutting property for all or a portion of the improvement pursuant to Minnesota Statutes Chapter 429 at an estimated total cost of the improvement of $33,853,700.00. 3. A public hearing shall be held on such proposed improvement on the 17th day of Janua , 2023 in the Council Chambers of the City Hall at 7:00 PM and the Clerk shall give mailed and published notice of such hearing and improvement as required by law. MOTION seconded by Council member Butler and adopted by the City Council at a regular meeting this 31d day of January, 2023 , with Council members Nelson, Butler, Barthel, Engelhardt, Bukkila voting in favor of the resolution, and Council members none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER © ATTEST: Sheri kila - a or I is Ile Hartner— Deputy City Clerk