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Home My WebLink AboutCC December 5, 2006 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (763) 755-5100 FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US Regular City Council Meeting - Tuesday, December 5, 2006 Call to Order-7:00 p.m. Pledge of Allegiance Resident Forum Agenda Approval 1. Approval of Minutes (11/21/06 Regular) Consent Items 2. Approve Payment of Claims - Finance 3. Accept Quit Claim Deed/Lt 1, Blk 1, Sophies South/Drainage-Utility & Utility Easement - Engineering 4. Accept Feasibility Report/Waive Public Hearing/Order Plans & Specifications/05-43/Hanson Boulevard NW Frontage Road - Engineering 5. Speed Limits in Rural Areas/Approve Resolution to Support a Change in Legislation - Engineering 6. Approve Change Order #12/Community Center - Administration 7. Consider Approval/Raffle PermitlHunt Of A Lifetime, Inc. - Clerk 8. Approve City Administrator Review - Administration Discussion Items 9. PUBLIC HEARING - Truth in Taxation - Administration/Finance 10. PUBLIC HEARING Capital Improvement Plan - Administration/Finance 11. PUBLIC HEARING Adopt Assessment Roll Abatement Costs/17700 Tulip Street NW & 1049 Andover Blvd. NW - Planning. 12. Consider Sketch Plan/Office Development/SW Comer Round Lake Blvd. & 157th Avenue NW - Planning 13. Consider Variance/Driveway Setback/13421 Round Lake Boulevard NW (cont.) - Planning 14. Authorize Execution & Delivery of Lease Agreement (Andover Community Center Refmancing) - Administration Staff Items 15. Consider Guidelines for Field Usage by Youth Athletic Associations - Engineering 16. Update on Cell Phone Towers in Public Parks - Planning/Engineering 17. Schedule Park & Recreation, Planning and Community Center Commission Interviews - Planning 18. Schedule EDA Meeting - Administration 19. Administrator's Report - Administration Mayor/Council Input Adjournment ~ @ 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304. (763) 755-5100 FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US TO: Mayor and City Council CC: Jim Dickinson, City Administrator FROM: Vicki V olk, City Clerk SUBJECT: Approval of Minutes DATE: December 5, 2006 INTRODUCTION The following minutes were provided by TimeSaver Secretarial Service for approval by the City Council: November 21, 2006 Regular Meeting DISCUSSION Copies of the minutes are attached for your review. ACTION REOUlRED The City Council is requested to approve the above minutes. Respectfully submitted, iLL. U~ Vicki V olk City Clerk " \. Regular Andover City Council Meeting Minutes - November 21, 2006 Page 10 REGULAR ANDOVER CITY COUNCIL MEETING MINUTES - NOVEMBER 21, 2006 TABLE OF CONTENTS PLEDGE OF ALLEGIENCE............................;........................................................................ 1 RESIDENT FORUM ................................................................................................................. 1 AGENDA APPROV AL............................................................................................................. 1 APPROVAL OF MINUTES...................................................................................................... 1 CONSENT ITEMS Approve Payment of Claims .................................................................................................2 Resolution R135-06 approving Lot Split/Lot 1, Block 2, Andover Station North .............. 2 Resolution R136-06 approving Lot Split/Lot 24, Block 1, Parkside at Andover Station.... 2 Resolution R137-06 terminating ProjectJ06-45/14430 Crosstown Boulevard NW/SS & WM ............................................................................................................................. 2 Approve 2007 Tobacco and Liquor Licenses ...................................................................... 2 Approve Health Insurance Renewal and Employer Contribution........................................ 2 Approve LMCIT Liability Coverage ................................................................................... 2 Approve Application Fee Refund ........................................................................................2 Resolution R138-06 approving Tulip Street Speed Study................................................... 2 RECEIVE ANOKA COUNTY SHERIFF DEPARTMENT MONTHLY REPORT Received................. ........................ ... ... ............... ....................................... ........................... 2 AUTHORIZE EXECUTION & DELIVERY OF LEASE AGREEMENT (ANDOVER COJ'vIMUNITY CENTER REFINANCING Motion to approve (RES. R139-06)...................................................................................... 2 CONSIDER LOT SPLIT/13423 CROOKED LAKE BOULEVARD NW (CONT.) Motion to table ......................... ........ .... ................... .............................................................. 3 UPDATE OF SPEED STUDYIMEADOWLARK HEIGHTS.................................................. 7 DISCUSS ANOKA COUNTY EDA EXPLORATORY COMMITTEE NOMINATION .......8 SCHEDULE EDA MEETING ................................................................................................... 8 ADMINISTRATOR REPORT .................................................................................................. 8 MAYOR/COUNCIL INPUT Water Quality Report ............................ ............ ....... ............................. ............... ................. 8 Meter at Community Center .................................................................................................9 Non-Commercial Sign Exemptions ...................................................................................... 9 .ADJOURNMENT.......................................................................................................~.............. 9 DRAFT REGULAR ANDOVER CITY COUNCIL MEETING - NOVEMBER 21,2006 MINUTES The Regular Bi-Monthly Meeting of the Andover City Council was called to order by Mayor Mike Gamache, November 21,2006, 7:00 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota. Councilmembers present: Councilmember absent: Also present: Don Jacobson, Mike Knight, Ken Orttel, Julie Trude None City Attorney, William Hawkins City Engineer, Dave Berkowitz City Administrator, Jim Dickinson Community Development Director, Will Neumeister Others PLEDGE OF ALLEGIANCE RESIDENT FORUM No one wished to address the Council. AGENDA APPROVAL Add Item 9a, (Approve Tulip Street Speed Study) to the Consent Agenda. Motion by Jacobson, Seconded by Trude, to approve the Agenda as amended above. Motion carried unanimously. APPROVAL OF MINUTES November 8, 2006, Regular Meeting: Correct as written. Councilmember Trude stated she has one minor change on page 13. Under Mayor/Council input there is one word that is wrong. The third line should read "...indicating they did not want wanted the lot split into two". Motion by Trude, Seconded by Knight, approval of Minutes as indicated above. Motion carried unanimously. Regular Andover City Council Meeting Minutes - November 21, 2006 Page 2 CONSENT ITEMS Item 2 Item 3 Item 4 Item 5 Item 6 Item 7 Item 8 Item 9 Item 9a Approval of Claims Approve Lot Split/Lot 1, Block 2, Andover Station North (See Resolution R135-06) Approve Lot Split/Lot 24, Block 1, Parkside at Andover Station (See Resolution R136-06) Tertnillate ProjectJ06-45/14430 Crosstown Boulevard NW/SS & WM (See Resolution R137-06) Approve 2007 Tobacco and Liquor Licenses Approve Health Insurance Renewal and Employer Contribution Approve LMCIT Liability Coverage Approve Application Fee Refund Approve Tulip Street Speed Study (See Resolution R138-06) Motion by Jacobson, Seconded by Trude, approval of the Consent Agenda as read. Motion carried unanimously. RECEIVE ANOKA COUNTY SHERIFF DEPARTMENT MONTHLY REPORT Lieutenant Jim Stuart, Anoka County Sheriff's Department, provided an update on law enforcement activities occurring within Andover. Councilmember Jacobson wondered if the deputies have maps in their cars showing pennitted and non-pennitted zones for snowmobiles. Lieutenant Stuart stated they would. Mayor Gamache stated the damage to property arrests are going way down and with the arrest of certain individuals this seems to be the reason. Lieutenant Stuart indicated this is correct. AUTHORIZE EXECUTION & DELIVERY OF LEASE AGREEMENT (ANDOVER COMMUNITY CENTER REFINANCING) City Administrator Dickinson explained activity in the current bond market is indicating that there is an opportunity for the EDA to save some significant long term debt service expense by refmancing the EDA's $19,640,000 Public Facility Lease Revenue Bonds, Series 2004. Motion by Trude, Seconded by Knight, to approve the attached resolution relating to $10,000,000 Public Facility Lease Revenue Refunding Bonds, Series 2006 (City of Andover Community Center) and authorizing the execution and delivery of a lease agreement, memorandum of lease and continuing disclosure undertaking. Motion carried unanimously. (RES. R139~06) Regular Andover City Council Meeting Minutes - November 21, 2006 Page 3 CONSIDER LOT SPLIT/13423 CROOKED LAKE BOULEVARD NW (CONT.) Community Development Director Neumeister stated at the October 17th City Council meeting the Council expressed interest in discussing two options that need further research. The review period has been extended by 60 days to allow the Council the opportunity to discuss options available and will expire on January 1, 2007. The two options that need research are: 1. Review with the City Attorney if there is a hardship that could be used as a fmding to grant the variance. 2. Determine if there is an ordinance that could be modified to enable this lot to be approved without a variance. The staff and City Attorney could not identify a potential hardship. The second option does not appear to be a good one without further research and discussion at a future council workshop. The creation of a special ordinance section dealing with this needs to be very carefully written so as not to allow the smaller lot sizes throughout the City. Dennis Steinlicht has applied to split his property along Crooked Lake Boulevard into two urban residential lots. The existing house, built in 1946, would be removed and two new houses built on the lots. Councilmember Trude wondered how big the lot is adjacent to this property. Mr. Neumeister stated it is two hundred feet wide to the south. Councilmember Jacobson stated it appears that the vast majority of the lots in the area are of the larger size or approximately the same size as the one under consideration. Mr. Neumeister indicated that is correct. He showed the area on the map and indicated which lots are smaller and larger than the one being considered. Mayor Gamache stated going back to the information they received for the 1986 split, this variance was granted with two conditions. The first condition was "It will not have an adverse effect on adjacent properties" and the second was "It is the most reasonable use of the land". He noted these are not the kinds of hardship they have grown accustomed to or have been told they need to come up with. He wondered if hardship issues have changed over the years and if so, are they more difficult to approve these things due to having hardships or can the Council approve something where it says it will not have an adverse affect on adjacent properties or it is the most reasonable use of the land. City Attorney Hawkins stated they are now incorporating in their Ordinances hardship standards found in the State Statute. He did not recall whether or not that standard was in effect twenty years ago. He was a little surprised when he read through this that there was a reference made to that so it would lead him to believe that that was not the standard in the State Statute and their ordinance back then and has been adopted subsequent to that time but he could not say with absolute certainty. Mayor Gamache stated this is the issue he is looking at because knowing this neighborhood and looking at the homes, there are a few areas here where the lots look to be the same but there are Regular Andover City Council Meeting Minutes - November 21, 2006 Page 4 probably about twelve different lot sizes in this one neighborhood. They did two lot splits and one was approved with the lot only seventy feet wide and both of those homes have long time owners. He stated he was looking at this split not having an adverse affect on the adjacent homes and it would be the most reasonable use of the land. He stated by splitting this, it will take the driveway off of Crooked Lake Boulevard and make it a safer intersection. Mayor Gamache stated many of the neighbors are in favor of this split and it will bring the property values of the surrounding homes up. He thought they were asking for a minimal variance and he did not see a problem with this affecting the neighborhood. Councilmember Jacobson asked what the hardship would be. Mayor Gamache stated he would go back to what the Planning Commission approved in 1986. Councilmember Jacobson stated that was twenty years ago under a different ordinance. Councilmember Orttel thought it was the same ordinance. He thought this was in their ordinance which stated it could not have an affect. He read some of the items from the ordinance. He thought a hardship could not be an economic consideration only. Anything to do with a property right is basically fmancial in one way or another. Tbis cannot be a primary factor. Councilmember Orttel stated when he looked at this, it is not a bright spot in the neighborhood and they have had some complaints from the neighbors. Because of the age and construction type, he understood it is not worth rehabbing. The choice is to leave it as a rental house if it cannot be fixed up or sold or to leave it vacant which it is now. He did not think they could put one house on the lot in this neighborhood and make it feasible. These are bigger lots. When this area was developed, there was not any sewer or water so the lots needed to be bigger. Councilmember Trude stated after the meeting last week, she had phone calls from two neighbors who said that the individual who spoke and indicated he was representing the neighborhood was not representing them. She stated one of the individuals was the property abutting this at 13409 and she would prefer there be one house and one homeowner and she is fme if it is rental property. There was also contact from someone down the block that said there are other homes in the neighborhood that have had families renting them and families that rent are just as good as families that own homes. They did not think that the property as a rental is a problem but they did not want to have two houses replace one on a lot. They thought if the owner wanted to do something he could take better care of the property and get good quality renters which he generally had done except for one renter which was a problem. Both neighbors pointed out that the house directly across Crooked Lake Boulevard is on a very large lot and is a home of substantial value. She thought the indication of what the character of the neighborhood is the people that live in that neighborhood are saying it is only a problem if the owner does not maintain it and that was something the landlord had said he was not always good at. She did not want to stretch the definition of hardship when there does not seem to be one. She tabled it because she was having a sidebar discussion with their City Attorney on whether character of the neighborhood could qualify as a hardship and with further research that was determined that it really could not. There is not any seeming condition of the property that puts it in that category that it cannot be economically put to good use based on its value. If the owner wants to rehab the home or continue renting it, that is acceptable to other people in the neighborhood and she thought if there was anything else to be looked at, it would be an ordinance. The people she has heard from are saying they want the Council to be very cautious about going to small lots in Andover Regular Andover City Council Meeting Minutes - November 21, 2006 Page 5 and everyone cites the case where they have homes on smaller lots which do not seem to sell well. She did not see a hardship. Mayor Gamache stated bringing the point up about the homes on smaller lots not selling well did not make sense because that is a whole different ball game in a different part of the City. He stated there are four homes a block away the exact same size the owner is planning to build. They will sell quickly and between $250,000 to $300,000. He stated they will be at the exact same value, if not more than the homes that surround them, including his. He has not heard from any residents and he has talked to many of his neighbors in the area and they all say they do not have a problem with this going through and he has heard from many residents that it fits and is reasonable. Councilmember Trude wondered how this would fit with the house directly behind it. Mayor Gamache stated the house directly behind it also has two homes directly across the street from it and has a large back yard area and the second home would not bother it. These would be bigger and nicer homes arid will be about the same distances from where the current home sits to the neighbor's yard. He stated he would actually be surprised if the neighbor did not like it because from what the owner indicated, he talked with her and all of the neighbors in the area and they had not indicated there were any issues. If the neighbors have the choice, they would prefer one house over rental property. Mr. Dennis Steinlicht, 2766 133rd Lane, stated the tenant has more rights than the landlord. The way this house is designed they could not get an upper class rental. He stated once someone is in there and they sign a lease, legally they have to go through a number of steps to get rid of a renter, they can not just be kicked out if a problem occurs. He stated on the hardship, all hardships come down to money, no matter what happens. He did not have a hardship on keeping this a rental but he would rather not. He noted he lives in the same neighborhood and he would rather take this home down and build two homes on the lot. It is better for the neighborhood and better for the neighbors. He wondered if a hardship has to do with the neighbors and what is around it too. Councilmember Knight stated he understood the arguments for the split and did not have a problem with it except he wondered what they would do with the variance issues because the City Attorney has indicated there is basically no hardship. He stated he has a problem with ignoring the fact that there is not a hardship. Councilmember Orttel asked if configuration could be a hardship. City Attorney Hawkins stated a variance requires a hardship on the part of the applicant and the burden approving the hardship shall fall upon the applicant. He stated there are three definitions. The first is "The granting of the variance means the property cannot be put to reasonable use if used under the conditions allowed by the visual controls". Has the applicant shown you that he cannot put the property to reasonable use because without a variance he cannot make reasonable use of it. The second is "Has he proven that his plight is unique to the property not created by him" and the last is "Has he shown to the Council that this variance will not alter the essential character of the locality'? It also states that "economic considerations alone are not to constitute a hardship". He thought they have indicated this is not a sole determination of whether he qualifies or not. Regular Andover City Council Meeting Minutes - November 21, 2006 Page 6 Councilmember Orttel stated they briefly talked about a change to the ordinance but he did not know what it would be or how they could have special rules for that. Mr. Neumeister reviewed some of the history of the property with the Council. He stated when they talk about an older part of town compared to a brand new subdivision area where they have large pieces ofland they can work with, maybe there could be something crafted in an older section for an infill type of development. The section could allow back-to-back lots to be ninety-foot comers which would help this situation. They could have a ninety-foot comer with a seventy-five foot interior lot. That is what the lots on 133 rd and 134 th are. They would be granting variances to width on the interior lot and probably the area requirement. Councilmember Jacobson stated the only problem with that is it could probably be worked up in an ordinance change later on but they have to work with the ordinance they have now. Mr. Neumeister stated they would need to work on this at a Council workshop and have the applicant allow them additional time. Councilmember Trude stated if they move forward with something, they should have a neighborhood meeting and discuss this with the neighbors to see what they want. The Council discussed options for this item. Mr. Jack Noble stated this home is not conforming to the neighborhood. The homes in the area have conformed to seventies or newer style of home which this home is not and they are moving toward conformity in the neighborhood not away from it. He stated the price of this home as it stands right now with what the applicant has put into it is nearing $200,000. The holding cost of a $200,000 piece of property, non-homestead, is they would have to rent this at nearly $2,000 a month just to break even and they will not find renters of any caliber that would rent this home for that price. He stated renters do not maintain the yard or upgrade the yards. If they are planning to improve this home in this neighborhood they need to get housing that conforms with site lines and style to the neighborhood even if it is a rental. Councilmember Trude stated her focus has been on the legal part of this and the variance does not fit any of the legal definitions so if they would deny that, the Council could talk about if they want to look at a workshop on this item. Staff would then do some research on this to see if anything they do on an ordinance level would potentially open any neighborhood up to somebody coming in as an investor, buying a large property, tearing down an existing home and putting two there. There is a real anxiety in Andover about any area where they put more homes behind an existing house or next to an existing home than exists there now. People really like the idea of their lot lines lining up. She stated this is a path they would want to go down very cautiously and very limited and she thought a neighborhood meeting would be important. Mr. Noble indicated the owner originally purchased the property to try to improve it for the neighborhood because he lives in the neighborhood. The idea of the lot split was not the original intention. After finding out he could not properly function with this as a rental property and properly Regular Andover City Council Meeting Minutes-November 21,2006 Page 7 maintain it, then he looked to split the lot. Councilmember Knight stated his concern is the legalities of this will come back and haunt them. Councilmember Trude thought the only way to go was not the variance route but to do a little bit more thorough work to evaluate if they want to go down this path as a redevelopment type of issue. The Council further discussed options for this and the majority of the Council determined they should table this item and bring it to the January City Council Workshop for further discussion and work. Motion by Gamache, Seconded by Knight, to table this item to the January City Council Workshop. Motion carried 4 ayes, 1 nay (Jacobson). UPDATE OF SPEED STUDYIMEADOWLARK HEIGHTS City Engineer Berkowitz explained this item is in regard to the speed zoning study that was done recently by the Minnesota Department of Transportation (MnDOT) for the Meadowlark Heights development. Mr. Berkowitz reviewed the study with the Council. Mayor Gamache stated they have passed their information on to Representative Tinglestad. He stated they have asked Representative Tinglestad to begin working on this piece oflegislation at the next session. He thought they had a speed limit on the curve of 30 or 35mph. Mr. Berkowitz indicated they have a winding road sign and on the bottom is an advisory plate posted indicating 25 mph. Mayor Gamache asked how long the road is. Mr. Berkowitz thought it was a quarter mile. Mayor Gamache stated this is a 55mph road because of the State law and the MN Dept of Transportation and their ultimate wisdom decided that was a good speed limit for this road. You cannot drive 55 mph on this road without endangering yourself or someone else on this road which was pointed out last summer when a car went off the road and crashed into a home burning it to the ground. They are trying to work with their State Legislators to get some action taken so that cities can set their own speed limits. DISCUSS ANOKA COUNTY EDA EXPLORATORY COMMITTEE NOMINATION City Administrator Dickinson explained the Anoka County Board of Commissioners is seeking nominations from all of the County's cities and townships for consideration of appointment to an eleven (11) member Exploratory Committee. The committee will review whether or not Anoka County should form a county economic development authority pursuant to Minnesota Statute Section 469.1082. Regular Andover City Council Meeting Minutes-November 21,2006 Page 8 Councilmember Trude nominated Councilmember Jacobson to sit on the exploratory committee. Motion by Trude, Seconded by Jacobson, to nominate Councilmember Jacobson for consideration by the Anoka County Board of Commissioners to be appointed to the Economic Development Exploratory Committee. Motion carried unanimously. SCHEDULE EDA MEETING Motion by Jacobson, Seconded by Trude, to schedule an EDA meeting for December 5,2006 at 6:00 p.m. Motion carried unanimously. ADMINISTRATOR REPORT City Administrator Dickinson updated the Council on the Administration & City department activities, media relations (Update on Water System), meeting reminders and miscellaneous projects. City Engineer Berkowitz updated the Council on road improvements projects in the City. Community Development Director Neumeister updated the Council on development activity in the City. .MAYOR/COUNCIL INPUT (Water Quality Report) - Councilmember Trude asked Mr. Dickinson for information regarding the Channel 9 report on the water quality in Andover. Mr. Berkowitz stated they have approval through the MN Department of Health to use two of their wells within their city as peaking wells. They have a maximum they can pump out of those wells of 55 million gallons a year each. Mr. Dickinson indicated the two wells are well 2 and well 3. They showed on a map the location of all of the wells in the City. Mr. Berkowitz stated the actual amount of water they pumped out of those wells in July was 1.6 million gallons from weIl2 and 2.9 million gallons from well 3. He stated the health department felt this was a safe amount of water to pump. They are utilizing that well the least possible amount. Mr. Berkowitz stated they are not drawing water out of those wells at this time. The only time the wells are in use is during peak water times in the summer. He stated the water is distributed throughout the entire system. They have six other wells within the system that go through the water treatment plant and wells 2 and 3 get blended in with the other six when in use. Mr. Berkowitz indicated they are making improvements to the wells and system all the time. By Regular Andover City Council Meeting Minutes - November 21, 2006 Page 9 constructing new wells and making future improvements they anticipate the two wells that have the radium in them will be greatly reduced. He stated Andover per capita uses more water than any other city and they hope to reduce that. (Meter at Community Center) - Councilmember Knight wondered how they are coming with the meter situation at the Community Center. Mr. Dickinson stated it is progressing and they are working with the mechanical engineer that designed the project. They will probably put a meter onto the gas that goes into the boiler room. Mayor Gamache wondered if the field house has been booked for the entire winter. Mr. Dickinson indicated it is. (Non-Commercial Sign Exemptions) - Councilmember Jacobson stated he received a folder about the laws pertaining to the election and he came across one regarding non-commercial sign exemptions. He read what the law stated. He thought this was supposed to be for political signs but it could be any kind of sign as long as it is non-commercial and he did not think that was correct. Mr. Neumeister thought this would need to be kept in context with the political section of the State Statute. City Attorney Hawkins indicated he would look into this. Motion by Knight, Seconded by Jacobson, to adjourn. Motion carried unanimously. The meeting adjourned at 8:52 p.m. Respectfully submitted, Susan Osbeck, Recording Secretary ~~ @ 168.5 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (763) 755-5100 FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US TO: Mayor and Councilmembers CC: Jim Dickinson, City Administrator / Finance Director FROM: Lee Brezinka, Assistant Finance Director SUBJECT: Payment of Claims DATE: December 5, 2006 INTRODUCTION Attached are disbursement edit lists for claims related to the on going business of the City of Andover. DISCUSSION Claims totaling $103,891.00 on disbursement edit lists #1 - #3 from 11/20/06 to 11/30/06 have been issued and released. . Claims totaling $1,170,536.79 on disbursement edit list #4 dated 12/05/06 will be issued and released upon approval. BUDGET IMPACT The edit lists consist of routine payments with expenses being charged to various department budgets and projects. ACTION REOUlRED The Andover City Council is requested to approve total claims in the amount of $1,274,427.79. Please note that Council Meeting minutes will be used as documented approval. Respectfully submitted, >J7J~ Lee Brezinka Attachments: Edit Lists _0 .. o~ ,,- .. C\C .&>. " , 5 ",0 ::>,0 = ,,0 Z en on "",1" .... ,,- '" "0 '" .0_ < Uo " .... " Q \C -:: 0 ;:; 0 5 g ... S " i:l.< - .... ...... ...- ~ = NN N = 0\0\ '" 0 ,., ,., ,., 5 < ..... <Il ...... ~ (1)4-< _ 0 ~~ ~~ ~~ lZlU ~ ~ ;:j-s 8 s- u 0 <u :;E < 00 <;1 00 \C o o g ~~ "1:l i2 .c-e t ~ ~~ .. '" = .. .. ~ ~ o ;z; .;,; " ~ C ~ :t U < <l C - .~ .... .S- .. '" '" .. Q ~ :;E~ o'<:! .5 .0 1l ., C = oal.:..: ~"1:l '" alco ..!!5!-< ~ bh~ 75 ~] o::i5:u o Z .. 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"'"" 0.= =.,g ~= " ~ ~ C ..J ",.20 "\I> = c_"" 0_" 0. 12""'::> .~ ~ S 'tl <(.- =-(:) " \I> " 0::_'0 :g-l)!t =..c"C - ~ = tI.l"'" " ..c ~ ~:w r}3~~ 1:: o ..c ~o s~~ 'tl,.,.... Con.,., "-- :>00 ~ c... ~ on .... a.; \I> o o S o N - ~ - '" ::l "'" o e c... "'" o " .c U B = 0. S o U c... <( - .. ... = .. .. ~ ~ .. .. .c e = z - ... ... -< ~ Ol Q <::: Ql = ;;.. Ol Q" <::: :; C = < 00 .... '" ...., o or) .... - = .~ - Q. ';: ... ., .. Q c Z .. ... .~ ... N " ~ Q.. "'''' r- '<i ...., on 6 r- - - ~ 01 ~ -'" " " .c U ~ .. " =.c ~~ -'" Q " ... " " .c.c U e ... '" .sz cas - Q ~E-< on ~ '" '" o o S ~ - ~ ~ :;3 ..... Q e Q.. -'" " " .c U ... .s '" Q. e Q U ~ -...... @ 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304. (763) 755-5100 FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US CC: Mayor and Council Members ~ Jim Dickinson, City Administra.tor . ~ David D. Berkowitz, City Engineer~ TO: FROM: Todd Haas, Asst. City Engineer SUBJECT: Accept Quit Claim DeedlLt 1, Blk 1, Sophies SouthJDrainage-Utility & Utility Easement - Engineering DATE: December 5, 2006 INTRODUCTION The City Council is requested to accept the Quit Claim Deed for Lot 1, Block 1, Sophies South for additional drainage/utility easement and also for a trail easement. DISCUSSION The additional drainage and utility easement is for storm. sewer that was constructed in Xeon Street NW to pick up storm drainage in the street which discharges in the rear yard of this lot. The trail easement was needed to accommodate the trail location which was constructed further away from Xeon Street NW to provide a safer buffer area between the street and the edge of the trail. The City Clerk will record the deed with Anoka County. ACTION REQUIRED The City Council is requested to accept the Quit Claim Deed for Lot 1, Block 1, Sophies South for an additional drainage/utility easement and also for a trail easement. Respectfully submitted, ~~ Attachments: Quit Claim Deed ./ cc: Todd Ganz, Merit Custom Homes - / QUIT CLAIM DEED Form No. 31-M Corporation, Partnership or Limited Liability Company to Corporation, Partnership or Limited Liability Company (Top 3 Inches Reserved for Recording Dala) Minnesota Uniform Conveyancing Blanks (1115/97) DEED TAX DUE: $ Date: November 22. 2006 FOR VALUABLE CONSlDERA TION, Mer; t: (~m:;tnm Hnmp~ T~ a mrpnr;:llt-i nn under the laws of Grantor, hereby conveys and quitclaims to ~i ry of n.nitnt~r M;nn,::a~t-:I , Grantee, a ml1nil""i~l 1"V'Io~T'~f-;,...n real property in ATVlk~ under the laws of Mj nn~sot-a County, Minnesota, described as follows: See attached Exhibit "A" Total consideration for this transfer is less than $500.00 together with all hereditaments and appurtenances. Check box if applicable: I!!l The Seller certifies that the Seller does not know of any wells on the described real property. o A well disclosure certificate accompanies this document. D I am familiar with the property described in this instrument and I certify that the status and number of wells on the described real property have not changed since the last previously filed well disclosure certificate. Mer~ By I' _ ' Its President Affix Deed Tax Stamp Here STATE OF Minnesota COUNTY OF Anok.. } ss By This instrument was acknowledged before me on by Todd D. Ganz the President of Merit CUstan Hanes. Tnc Its this 22nd day of November. ,.,uc\ ,.,uc\ 2006 a mrpnr~f-i nn under the laws of on behalf of the corporation NOTARIAL STAMP OR SEAL (OR OTHER TITLE OR RANK) MiM....?t:a (/tfJd-/1J! ~~~ SIGNATUREOFNOTAR PUB R OFFICIAL Check here if all or part of the land is Registered (Torrens) 0 THIS INSTRUMENT WAS DRAFTED BY (NAME & ADDRESS), Tax statements for the real property described in this instrument should be sent to (include name and address of Grantee): Merit CUstan Hanes, Inc. 21471 Ulysses street NE, #2 East Bethel, MN 55011 .City of Andover 1685 Crosstown Blvd. NW Andover, MN 55304 - ". EXHIBIT "A" A drainage and utility easement over that part of Lot 1, Block 1, Sophie's South, Anoka County, Minnesota, which lies northwesterly ofthe following described line: Commencing at the most westerly comer of said Lot 1; thence South 38 degrees 28 minutes 18 second East (assumed bearing) along the southwesterly line of said Lot 1 a distance of25.00 feet to the point of beginning of the line to be described; thence North 51 degrees 31 minutes 42 seconds East 99.58 feet to the northeasterly line of said Lot 1 and said line there terminating. AND A trail easement for ingress and egress purposes over that part of Lot 1, Block 1, Sophie's South, Anoka County, Minnesota, which lies northeasterly of the southwesterly 90.00 feet thereof. - GRAPHIC SCALE b..-J4' ~ " / / , " " " " " , / ~~ ~&#~ /~ ~~~ EXISTING PROPERTY DESCRIPTION Lot I, Block I, SOPHIE'S SOUTH, Anoko County, Minnesoto. PROPOSED DRAINAGE & UTILITY EASEMENT DESCRIPTION Thot port of Lot I, Block I, SOPHIE'S SOUTH, Anoko County, Minnesota, which lies northwesterly of the following described line: Commencing at the most westerly 'corner of soid Lot 1j thence South 38 degrees 28 minutes 18 seconds East (assumed bearing) along the southwesterly line of said lot 1 a distance of 25.00 feet to the point of beginning of the line to be described; thence North 51 degrees 31 minutes 42 seconds East 99.58. fe'et to the northeasterly Hne of said Lot 1 and said line there terminating. *Easement area excluding e)(isting drainage and utility easement as dedicated in the record plat of SOPHIE'S SOUTH = 1,190* sq.ft. (0.03 acres) PROPOSED TRAIL EASEMENT DESCRIPTION That part of Lot I, Block I, SOPHIE'S SOUTH, Anoka County, Minnesota, which lies northeasterly of the southwesterly 90.00 feet thereof. J hereby certify that this survey, plan or report was prepared by me or under my direct supervision and that , am o duly RegIstered Land Surveyor under the laws of the State of Minnesota. .f'~~ ~ ERIC R. VlCKARYOUS Date: fi-{v. 2/1 dls/' Reg. No. 44125 S:\rud'\CAD\06proJ\06620ed\06620Ske1:ch.dwg 1l/21/2006 12:02:10 PM CST -- @ 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (763) 755-5100 FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US CC: Jim Dickinson, City Administrator TO: Mayor and Council Members FROM: David D. Berkowitz, City Engineer SUBJECT: Accept Feasibility Report/Waive Public Hearing/Order Plans & Specifications/05-43/Hanson Boulevard NW Frontage Road - Engineering DATE: December 5, 2006 INTRODUCTION The City Council is requested to accept the feasibility report and waive the public hearing for the' improvement of Hanson Boulevard NW Frontage Road, Project 05-43. DISCUSSION Reconstruction is scheduled to begin on Hanson Boulevard NW from Highway 242 to 139th Avenue NW in the spring of 2007. The entrance to the Mobil Station was required to be eliminate or relocated. Staff along with the City Council worked with ABC Mini Storage and the owners of the Mobil Station (Croix Oil Co.) to resolve the entrance/egress issue. The two parties petitioned the City for a frontage road along Hanson Boulevard NW, which will provide access to both businesses. This petition was on the assumption through previous discussions that the City will pay 1/3 of the improvement costs. The feasibility report identifies the estimated cost for Mobil Station, ABC Mini Storage and the City. Enclosed is the feasibility report for the above referenced project. The estimated assessments are as follows: Mobil Station (Croix Oil Co.) $15,116.92 ABC Mini Storage $15,116.92 Both parties have reviewed the feasibility report and agree with the findings, therefore waiving their rights to a public hearing. Refer to attached letters. The City's estimated cost for the project is $16,546.45. This is greater than 1/3 of the total project costs because the throat of the entrance to ABC Mini Storage will be constructed wider with a thicker pavement section for potential connection to Grouse Street NW if the area redevelops. The additional cost will be covered by the City. Anoka County will approve the plans, bid the project and administer the construction through the reconstruction of Hanson Boulevard NW, City Project 04-23. ""IIII.ii Mayor and Council Members December 5, 2006 Page 2 of2 BUDGET IMPACT The project will be assessed to the Mobil Station (Croix Oil Co.) and ABC Mini-Storage as listed above and the remainder of the project will be funded from the City's Road & Bridge Fund. ACTION REOUIRED The City Council is requested to approve the resolution accepting the feasibility report and waive the public hearing for the improvement of Hanson Boulevard NW Frontage Road, Project 05-43. Respectfully submitted, ~Q. . / Attachments: Resolutio~etters & Feasibility Repo;<;ocated in side pocket of packet) cc: Paul Muilenberg, Croix Oil Company, 1749 South Greeley Street, PO Box 15, Stillwater, MN 55082 Kraig Domogalla, ABC Mini-Storage, 13624 Hanson Blvd, NW, Andover, MN 55304 -- CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. MOTION by Councilmember to adopt the following: A RESOLUTION ACCEPTING FEASIBILITY STUDY AND WAIVE PUBLIC HEARING FOR THE IMPROVEMENT OF HANSON BOULEVARD NW FRONTAGE ROAD. PROJECT NO. 05-43 WHEREAS. the City Council did on the 3rd day of Auqust . 2005, order the preparation of a feasibility study for the improvement; and WHEREAS. such feasibility study was prepared by the City Enqineer and presented to the Council on the 5th day of December , 2006 ; and WHEREAS, the property owners have waived the right to a Public Hearing; and WHEREAS, the City Council has reviewed the feasibility study and declares the improvement feasible, for an estimated cost of $46,350.30. 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. 05-34 for the improvements and waives the public hearing. 2. The City Council hereby directs the Anoka County Highway Department to prepare the plans and specifications for such improvement project and administer the improvements with the Hanson Boulevard reconstruction project (City Project 04- 23). 3. The Council will consider the improvements in accordance with the report and the assessment of abutting property for all of the improvement pursuant to Minnesota Statutes Chapter 429 at an estimated total cost of $46,350.30. MOTION seconded by Councilmember at a reQular meeting this 5th Councilmembers and adopted by the City Council day of December , 2006 , with voting in favor of the resolution, and Councilmembers voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: Michael R. Gamache - Mayor Victoria Volk - City Clerk ~U.!~. January 30, 2006 [:_~ I CITY Of ANDOVER f Mr. David Berkowitz, P. E. Andover City Engineer 1685 Crosstown Boulevard NW Andover, MN 55304 Re: Municipal Street Improvements Dear Mr. Berkowitz: Croix Oil Company has reviewed the Feasibility Report Hanson Boulevard Frontage Road- City Project No. 05-43 relating to the construction of a frontage road along Hanson Boulevard to serve our gasoline station/convenience store located at 13650 Hanson Blvd. N.W., in Andover andwe agree with the findings. Therefore we are willing to waive the public hearing. If you have any questions or comments, please feel free to contact me. Sincerely, :zyp Paul W. Muilenberg, Esq. Manager of Corporate Affairs 1749 South Greeley Street · P.O. Box 15 · Stillwater, Minnesota 55082 · Telephone: (651) 439-5755 - Feb 02 06 03:43p J( Ig Domogalla 76 ~69753 p.l ABC MINI-STORAGE, INC. 13624 HANSON BLVD. N.W. . ANDOVER, MINNESOTA 55304 . PHONE 757-8485 To Whom it may concern: ABC Mini Storage has reviewed the feasibility report for the construction of a frontage road along Hanson Blvd. to serve our business in Andover and agree with the findings. Therefore we are willing to waive the public hearing. Sin~~~ly, . \ ./ 1 l.i--'-- Kraig Domogalla ABC lMini-Storage .. .~.-" @ 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304. (763) 755-5100 FAX (763) 755-8923. WWW.CI.ANDOVER.MN.US CC: TO: FROM: SuBJECT: Speed Limits inRural Areas/Approve Resolution to Support a Change in Legislation - Engineering DATE: December 5, 2006 INTRODUCTION This item is in regard to approving a resolution to support a change in legislation regarding the speed limits in rural areas. DISCUSSION Attached is a resolution to support Representative Kathy Tingelstad in pursuing new legislation to reduce the current speed limit (statutory speed limit) in rural areas of Andover from 55 MPH to 30 MPH. ACTION REOUIRED The City Council is requested to approve the resolution to support a change in legislation to reduce the current speed limit in rural areas from 55 MPH to 30 MPH. Respectfully submitted, O~GJ.~ David D. Berko~z - p Attachments: Resolutionv'" - CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. MOTION by Councilmember to adopt the following: A RESOLUTION REQUESTING THE STATE OF MINNESOTA TO MODIFY MINNESOTA STATUTE 169.14 SUBD. 2 CLAUSE 1 AND 7(C) TO ALLOW CITIES TO ESTABLISH 30 MPH IN RURAL RESIDENTIAL DISTRICTS. The City Council is the governing body of Andover, Minnesota; and WHEREAS, Minnesota Statute 169.14 Subd. 2 Clause 1 sets the maximum speed limit as 30 MPH in ~n urban district or ona town road in a rurcll residential district; and WHEREAS, the City of Andover finds that in the interest of public safety, that a speed limit of 30 MPH should also be established in cities that have rural residential districts; and NOW, THEREFORE, BE IT RESOLVED by the City Council of Andover, Minnesota that the State of Minnesota modify Minnesota Statute 169.14 Subd. 2 Clause 1 and 7(C) to be modified as follows: . 169.14 Subd. 2 Clause (1) - 30 miles per hour in an urban district or on a town or City street in a rural residential district. . 169.14 Subd. 2 Clause 7(C) - For the purposes of this subdivision, "rural residential district" means the territory contiguous to and including any town road or City street within a subdivision or part of land that is built up with dwelling houses at intervals of less than 300 feet for a distance of one- quarter mile or more. MOTION seconded by Council member City Council at a reQular meeting this 5th Councilmembers and adopted by the day of December ,2006, with voting in favor of the resolution, and Councilmembers voting against, whereupon said resolution was declared passed. ATTEST: Michael R. Gamache - Mayor Victoria Volk - City Clerk - C0 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (763) 755-5100 FAX (763) 755-8923 . WWW.CJ.ANDOVER.MN.US TO: Mayor and Council Members FROM: Jim Dickinson, City Administrator SUBJECT: Approve Change Order #12/Community Center DATE: December 5, 2006 INTRODUCTION The Andover/YMCA Community Center construction is complete, only a small nwnber of punch list and warranty items are left to be completed. This agenda item is to address ongoing project management issues with the project. DISCUSSION Attached is a recommendation and summary from RJM Construction for approval of Change Order #12 totaling a uroiect credit of $45.057. These change reduCing contracts addresses continued negotiations with contractors to complete the project. This should be the final change order for the project. BUDGET IMPACT The project is funded by available revenues including: Community Center Bond issuance, CDBG funding, utility rebates, YMCA contributions and the project contingency budget. ACTION REQUESTED Approve the attached change order request summary and authorize the City Administrator to execute individual docwnents. Attachments ... ~CO~N November 27,2006 Mr. Jim Dickinson City of Andover 1685 Crosstown Boulevard Northwest Andover, MN 55304 Re: Andover Community Center/YMCA Recommendations for Project Change Order 12 City Council Meeting Dear Jim, At the next City Council meeting RJM Construction recommends that the City Council approve the proposed costs for Owner Project Change Order #12. Please fmd enclosed the proposed list for this Change Order totaling a project credit of $45,057.. Ibis will be the final scheduled change order of the project.' If you should have any questions, please feel free to contact me. Sincerely, Brian G. Recker Vice President 5455 HWY 169 PLYMOUTH MN 55442 763.383.7600 FAX 763383.7601 BID FAX 763.553.9670 RIM IS AN EQUAL OPPORTUNffY E!v\PlOYER -- W .I>- ~ ~ -<0 s: CD ~g: S- o a ! o :E :::I s: III '" o :::I -< -l o - !!!. o J .. ::s ea CD o a CD ... l/J o C g. CD 0. 5" o "" ~ a o 3 3 III '" o :::I -< 0- 5" 0 o 0 ""a a ~ 0. go :E 5' ea ! ~, Q s- CD ~ :::I o CD 1ii (J) c CD '" , ..,. .I>- C11 "0 C11 ...., '" N "0 o o )> "0 "0 a " CD 0. -l o - !!!. o .. '" l/J o C o s- o. -00 c CD i'l c.. :2:;::+ ~o "Tl <' CD CIl ~ :::I o o ~ N ~ ~ ;:;s ...., o cr> ~ ~ (;; o o C11 ~ N o :::! o C11 W .l>- i" ~ ::E CD c: 5' ce o o a ~ 0. go OJ III o "" o ::T .. cO CD s- o o 3 3 "0 CD CD 5' CD ::::j'" , ..,. N <0 w CD )> "0 -0 a " CD 0. o o ~ N o ~ :::! o cr> ~ ~ (;; o o C11 ~ N o g C11 ::Eli? Q 0. "" c 0-0. '" s- ~"'T1 ~ ~. ~CIl ::I ~ 0. o ... 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S- o. lD I'" () o N ~ ~ w o C11 ~ ~ (;; ~ C11 ~ '" o :::! o C11 -l 0 3' ~ CD - 00 .. .. cO' CD :i" a f>o 0" &riD 0. m >< 0 "E. .. is" 0. )> 'C "00 .. .. ~ S" CD C. o o 3 3 c ::l ~ o CD ::l - CD ... "tl ... .2. CD o - z !::l N o (0) .... en en ~ n- c::I :2 !3 := = C'\l ::i c::I 2: )> ... o ::r "tl ... .2. CD o - z o )> r- r- o o en -I - en en c m en ::0 m "C o ::0 -I -00 .. .. CQ- !l! !l! ....::: - N ...., ;;; o Cl Q) - CITY OF NDOVE CD 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304. (763) 755-5100 FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US TO: Mayor and City Council CC: Jim Dickinson, City Administrator FROM: Vicki V olk, City Clerk SUBJECT: Consider Approva1/Raffle PermitlHunt of a Lifetime, Inc. DATE: December 5, 2006 INTRODUCTION Hunt of a Lifetime, Inc. has applied for a permit to conduct a raffle during their event on February 3,2007 at the Courtyards of Andover. DISCUSSION Hunt of a Lifetime is a non-profit organization that grants hunting and fishing adventures to children with life threatening illnesses. Council can 1) approve the application with no waiting period; 2) approve the application with a 30-day waiting period; or 3) deny the application. ACTION REQUIRED Council is requested to consider approval of the application with no waiting period. Respectfully submitted, tLL. aa Vicki V olk City Clerk Attach: Information regarding event - ~ % "1&>3 - (.,07 - O'i?3Y Minnesota Lawful Gambling LG220 Application for Exempt Permit Page 1 of 2 2/06 Fee $50 For Board Use Only Fee Paid Check No. Previous lawful gambling exemption number {i,ut7da../IO/1 City Daytime phone number '7!P3- 75::'- An exempt permit may be issued to a nonprofit organization conducting lawful gambling activity on five or fewer days, and awarding less than $50,000 in prizes durings a calendar year. Organization Information Organization name It of' a Street -tit 14so 1"6 -A0elJ?V. Name of chief executive officer (CEO) First name tauid Type of Nonprofit Organization Type of nonprofit organization (check one) o Fraternal 0 Religious . o Veteran ff Other nonprofit organization Type of proof of nonprofit status - attach a copy (see instructions) o Nonprofit Articles of Incorporation or Certificate of Good Standing - Minnesota Secretary of State's Office o Internal Revenue Service o Affiliate of parent nonprofit organization (charter) ff Proof previously submitted and on file with the Gambling Control Board Gambling Premises Information Name of premises where gambling activity will be conducted (for raffles, Iistthe site where the drawing will take place) c.ou....+ ti rd:5 crt Address (do no use PO box) A>'1Jove v- City .5-S 3 c;::> Zip Code County A'7 "" f<ci. r e. . I-d ,;).,007 Check the box or boxes thatindicate the type of gambling activity your organization will be conducting: o "Bingo ~affles 0 "Paddlewheels 0 "Pull-Tabs 0 "Tipboards "Gambling equipment for pull-tabs, tipboards, paddlewheels, and bingo (bingo paper, hard cards, and bingo ball selection device) must be obtained from a distributor licensed by the Gambling Control Board. To find a licensed distributor, go to www.gcb.state.mn.us and click on List of Licensed Distributors. Or call 651-639-4000. This form will be made available in attemative format (Le.large print, Braille) upon request. The information requested on this form (and any attachments) will be used by the Gambling Control Board (Board) to determine your qualifications to be involved in lawful gambling activities in Minnesota. You have the right to refuse to supply the information requested; however, if you refuse to supply this information, the Board may not be able to determine your qualifications and, as a consequence, may refuse to issue you a permit. If you supply the information requested, the Board will be able to process your application. Your name and and your organization's name and address will be public information when received by the Board. All the other information that you provide will be private data about you until the Board issues your permit. When the Board issues your permit. all of the information that you have provided to the Board in the process of applying foryourpermi!will become public. If the Board does not issue you a permit, all the information you have provided in the process of applying for a permIT remains private, with the exception of your name and your organization's name and address which will remain public. Private data about you are available only to the following: Board members, staff of the Board whose work assignment requires that they have access to the information; the Minnesota Department of Public Safety; the MinnesotaAttomey General; the Minnesota Commissioners of Administration, Finance, and Revenue; the Minnesota Legislative Auditor, national and international gambling regulatory agencies; anyone pursuant to court order; other individuals and agencies that are specifically authorized by state or federal law to have aCcess to the information; individuals and agencies for which law or legal order authorizes a new use or sharing of information after this Notice was given; and anyone with your consent. - LG220 Application for Exempt Permit Organization Name .f...{U-YI -f. 0 -I' d L I -fe-fif7le. Local Unit of Government Acknowledgment If the gambling premises is within city limits, the city must sign this application. On behalf of the city, I acknowledge this application. ~ l.L Ad a, ./--;t!7 '" Page 2 of 2 2/06 If the gambling premises is located in a township, both the county and township must sign this application. On behalf of the county, I acknowledge this application. Check the action that the city is taking on this application. O The city approves the application with no waiting period. Check the action that the county is taking on this application. O The county approves the application with no waiting period. O The city approves the application with a 30 day waiting period, and allows the Board to issue a permit after 30 days (60 days for a first class city). o The county approves the application with a 30 day waiting period, and allows the Board to issue a . permit after 30 days. o The city denies the application. o The county denies the application. Print name of city Print name of county Signature of city personnel receiving application Signature of county personnel receiving application Title Date~~_ Title Date~~_ TOWNSHIP: On behalf of the township, I acknowledge that the organization is applying for exempted gambling activity within the township limits. [A township has no statutory authority to approve or deny an application (Minnesota Statute 349.213, subd. 2).] Print name of township Signature of township official acknowledging application Tille Date~~_ Chief Executive Officer's Signature The information provided in this application is complete and accurate to the best of my knowledge. I acknowledge that the financial report will be completed a turned to the Gambling Control Board within 30 days of the date of our gambling activity. Chief executive officer's signature Name (please print) ~.f\u,'J Date!1 I ,;lf/~ Mail Application and Attachments Complete an application for each Send . . gambing activity: the completed application, one day of gambling activity . a copy of your proof of nonprofit status, and " . " two or more consecutive days of . a $50 appllcal10n fee. Make check payable to State of Minnesota ). gambling activity each day a raffle drawing is held To: Gambling Control Board 1711 West County Road B, Suite 300 South Roseville, MN 55113 - 2nd ANNUAL HUNT OF A LIFETIME BANQUET AT COURTYARDS OF ANDOVER 13545 Martin StreetNW, Andover, MN 55304 763.767.3336 Saturday, Feb 3, 2007 Ron Schara of TV's Minnesota Bound and Backroads with Ron & Raven will be the Master of Ceremonies Doors Open at 5 PM Dinner at 6:30 Program at 7:30 Tickets $75 Available Seating 350 RAFFLES -- SILENT & LIVE AUCTIONS -- DOOR PRIZES Many hunting trips,jishing trips, fun get-aways,jishing gear, archery gear, guns and other sporting equipment, special ladies items, wildlife prints and morel I I I WHAT IS THE HUNT OF A LIFETIME FOUNDATION ABOUT? Hunt of a Lifetime Foundation is a non-profit organization that grants hunting and fishing adventures to children who have been diagnosed with life threatening illnesses. HOW CAN YOU GET MORE INFORMATION ABOUT THE FOUNDATION OR HOW TO DONATE WITHOUT BEING AT THE BANQUET? If you are unable to join us please contribute to the Hunt of a Lifetime Foundation by sending your donation to Tina Pattison/Hunt of a Lifetime at 6297 Buffalo Road, Harborcreek, P A 16421 www.huntofalifetime.org How do you want to receive your ticket/s: OPick-up at banquet OR OBy mail How many tickets do you want to order: I I SEND CHECK, MONEY ORDER OR CREDIT CARD Name: Credit Card Type (circle one): VISA or MASTERCARD Address: Credit Card Number: Credit Card Expiration Date: Phone #: Signature: In memory of Wayne McHugh & all who have been blessed by the Hunt of a Lifetime Foundation Mail to: David McHugh Hunt of a Lifetime P.O. Box 0224 Anoka, MN 55303 Phone: 763-607-0838 or 763-753-2895 - ~ 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304. (763) 755-5100 FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US CC: Mayor and Councilmembers ~ Jam'" Diclcinson, City Admllll,tnrto, ~ Dana Peitso, Human Resources Manager TO: FROM: SUBJECT: Approve City Administrator Review DATE: December 5, 2006 INTRODUCTION The City Council held a special executive session on November 28, 2006, to evaluate the performance of the City Administrator James Dickinson. DISCUSSION The evaluation of the City Administrator, James Dickinson, was conducted in an executive session by the City Council as permitted by state open meeting laws. In summary review of the Council's discussion with the City Administrator, it was determined that City Administrator Dickinson meets or exceeds the expectations of the City Council. The City Administrator was evaluated in the areas of Council relations, fiscal management, personnel, supervision, leadership, intergovernmental relations and community relations. This year the review included 360~degree feedback from the management team and staff. BUDGET IMPACT The City Council authorized the progression of City Administrator James Dickinson from the current rate of $1 05,000 annually to $108,103 annually, with an additional $3,344 put into deferred compensation. This includes a 3.5% COLA and has been budgeted for in the 2007 budget. ACTION REOUESTED Council is requested to approve the results of City Administrator Dickinson's performance reviews as satisfactory and authorize a compensation adjustment as noted effective January 1, 2007. Respectfully submitted, AfJ/n~ Dana Peitso - cg 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (763) 755-5100 FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US TO: FROM: SUBJECT: DATE: Mayor' and Councilmembers Jim Dickinson, City Administrator / Finance Director Truth in Taxation Hearing - 2007 Budget December 5, 2006 lNTRODUCTION This year the Andover City Council is required to hold Truth in Taxation meetings. These meetings give the public the opportunity to comment on the proposed 2007 budget and tax levy. DISCUSSION. The first hearing date (December 5, 2006) selected by the City Council is for the initial hearing to present the proposed levy and budget to the public. If the initial hearing is not sufficient for all public comment and further discussion is required,. a continuation hearing will be necessary. The date and time of continuation hearing must be announced before the close of the initial hearing. The continuation hearing must occur at least 5 but no more than 14 business days after the initial hearing. If a continuation hearing is not necessary, the City must announce the date and time of a subsequent hearing for the official adoption of the final levy and budget. The announcement must be made prior to the end of the initial hearing. Attached is some basic fmandal data that will be reviewed with the Council at the meeting as listed: Pg. 1 Pg.2 Pg.3 Pg.4 Pg. 5-10 Pg.ll Pg.12 Pg. 13-15 Truth in Taxation Advertisement Valuation Estimates 2007 Budget Summary By Fund Type 2007 Budget Summary By Revenue and Expenditure Type 2007 Budgets By Fund Type 2007 General Fund Revenues By Type 2007 General Fund Expenditures By Function Resolution to Approve 2007 Budget and Tax Levy A more detailed presentation that will be provided at the hearing similar to past budget workshops. ACTION REOUIRED The Andover City Council is requested to review the attached fmancial data in preparation for the Truth-in- Taxation hearing. Attachments - Notice of Proposed Total Budget and Property Taxes The Andover City Council will hold a public hearing on its budget and on the amount of property taxes it is proposing to collect to pay for the costs of services the City will provide in 2007. SPENDING: The total budget amounts below compare the City's 2006 total actual budget with the amount the City proposes to spend in 2007. 2006 Total Actual Budget $24,489,927 Proposed 2007 Budget $22,016,231 Change from 2006 - 2007 <10.10>% TAXES: The property tax amounts below compare that portion of the current budget levied in property taxes in the City of Andover for 2006 with the property taxes the City proposes to collect in 2007. 2006 Property Taxes $8,517,523 Proposed 2007 Property Taxes $9,281,427 Change from 2006 - 2007 8.97% LOCAL TAX RATE COMPARISON: The following compares the City's current local tax rate, the City's tax rate for 2007 if no tax levy increase is adopted, and the City's proposed tax rate for 2007. 2006 Tax Rate 31.556% 2007 Tax Rate if NO Levy Increase 28.106% 2007 Proposed Tax Rate 31.003% Attend the Public Hearing All Andover city residents are invited to attend the public hearing of the City Council to express their opinions on the budget and on the proposed amount of 2007 property taxes. 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'" o ~ ;;; ,.: ... ... ... 0> r&j CJ) N ,.: ... o N '" N <0 .... r::i tR- III W ::> Z w > w a:: ..J ;!: ~ Ul .., >< Cll I- >. 1: ., Q. e c.. in III :::l '" III > ., 0:: 1ii E ., E '" ~ ., > o f:' ., E Ul CI> :::l '" ., > ., 0:: c.i Ul ~ .!!! 'E ~ Q) c.. 0/5 Ul Q) Ul '" Q) '" :::i Ul ., '" '~ ., CI) ~ .,S! Ul ., f:' Cll .r:: o .!!! ~ o LL 0/5 Ul ., '" i:i: ., E o '" .!: o ~ ., E 1 1 ~ J!l Ul '" III ~ I- o o ~ III .... C ~ :E o o cD .... o o Il'i .... ..... o I~ a; Cl "Cl :::l !Il I~I I~I ill I 1011 I~II I LO 1 10 I !~I ! i ~I 1"1. ,<( ifill o o ~ .... o o <'i .... o o N .... o ~ ~ .... o o o .... III 0 0 w 0 III a: 1: ;:;. ., ~ .... w ::> -'" 0> a: I- 0> .l!! ~ .c: 2i E tll 0 15 ::> - ~ I- '" Z c: en 2i .. w ~ .2 E 11. 0> .2 z > :0 :0 E >< 0 w w C) ::> ::> 11. .. ~ ., CL CL iil > '" -' ~ 0 oS! - ~ (!) co 0 III 3: 0 0> ! c: .!:! .!:! - I- 0> .. C) '" :s :s .. .<:: .. ,. ,. is (!) 11. 11. 12 _. CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO A RESOLUTION ADOPTJNG THE CITY OF ANDOVER 2007 BUDGET AND 2007 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, 2006; 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, 2006. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Andover hereby adopts the 2007 City of Andover Budget and the 2007 property tax levy totaling $9,316,427 as listed on Attachment A. BE IT FURTHER RESOLVED that the City Council of the City of Andover hereby establishes the 2007 City of Andover Budget by fund type as follows: REVENUES EXPENDITURES General Fund Special Revenue Funds Debt Service Funds Capital Projects Funds Enterprise Funds Internal Service Funds Total $ 8,534,974 1,324,779 5,674,339 5,938,447 3,846,056 786,270 $26,104,865 General Fund Special Revenue Funds Debt Service Funds Capital Projects Funds Enterprise Funds Internal Service Funds Total $ 8,534,974 1,673,523 4,919,085 8,380,826 3,918,364 807,779 $ 28,234,551 Adopted by the City of Andover this _day of December 2006. CITY OF ANDOVER ATTEST: Michael R Gamache - Mayor Victoria V olk - City Clerk 13 STATE OF MINNESOTA) COUNTY OF ANOKA ) CITY OF ANDOVER 1, 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. _ adopting the City of Andover 2007 Budget and 2007 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 subscnbed my hand this _ day of December 2006. Victoria V olk - City Clerk 14 -- CITY OF ANDOVER, MINNESOTA Proposed 2007 Property Tax Levy Attachment A 2007 Proposed Levy General Fund Levy $ 6,080,179 Debt Service Funds Levy 2004A G.O. Capital Improvement Bonds 2004 EDA Public Facility Revenue Bonds 2005B G.O. Capital Improvement Bonds 2005B G.O. Equipment Certificate 2006B G.O. Equipment Certificate 2007 G.O. Equipment Certificate 365,051 889,718 126,305 63,945 188,475 200,000 Total Debt Service 1,833,494 Other Levies Capital Projects Levy Capital EquipmentJProject Parks Projects Road & Bridge Pedestrian Trail Maintenance 210,000 56,000 1,052,953 48,801 Lower Rum River Watershed 35,000 Gross City Levy $ 9,316,427 15 (@ 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (763) 755-5100 FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US TO: Mayor and Councilmembers FROM: Jim Dickinson, City Administrator SUBJECT: Public Hearing - 2007-2011 Capital Improvement Plan DATE: December 5, 2006 INTRODUCTION The City Council is requested to hold a Public Hearing to give the public the opportunity to comment on the proposed 2007-2011 Capital Improvement Plan (CIP). DISCUSSION A publication (attached) was in the Anoka Union noticing a public hearing that will be conducted by the City Council of the City of Andover, Minnesota on Tuesday, December 5,2006 at 7:00 p.m. The proposed 2007- 2011 CIP is the product of numerous staff meetings and workshops with the City Council. The proposed Capital Improvements Plan is on file and is available for review in the Finance Department at City Hall. BUDGET IMPACT Detailed cost analysis is presented in the CIP document. ACTION REOUIRED Approve the attached resolution adopting the 2007-2011 CIP. Attachments - Publication and Resolution -. CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA NOTICE OF PUBLIC HEARING The Andover City Council will hold a public hearing on the 2007 - 2011 Capital hnprovements Plan at 7:00 p.m., or soon thereafter as can be heard on Tuesday, December 5, 2006 at Andover City Hall, 1685 Crosstown Blvd NW, Andover, Minnesota. The purpose of the hearing is to receive public testimony on its proposed Capital hnprovements Plan for the five-year period from 2007 through 2011. The proposed Capital hnprovements Plan is on file and is available for review in the Finance Department at City Hall. Jim Dickinson, City Administrator Publication Dates: November 24, 2006 December 1, 2006 _. CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO A RESOLUTION ADOPTING THE CITY OF ANDOVER 2007-2011 CAPITAL IMPROVEMENT PLAN. WHEREAS, the preparation and adoption of capital improvement plans is recognized as sound fmancial 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 2007-2011 City of Andover Capital Improvement Plan. Adopted by the City of Andover this 5th day of December 2006. CITY OF ANDOVER ATTEST: Michael R. Gamache - Mayor Victoria Volk - 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. _ adopting the City of Andover 2007-2011 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 5th day of December 2006. Victoria V olk - City Clerk - dD 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . MAIN (763) 755-5100 FAX (763) 755-8923. WWW.CI.ANDOVER.MN.US TO: Mayor and Council Members CC: Jim Dickinson, City Administrator FROM: Will Neumeister, Community Development Director uti- SUBJECT: PUBLIC HEARING: Adopt Assessment Roll/17700 Tulip Street NW & 1049 Andover Boulevard NW - Planning DATE: December 5, 2006 INTRODUCTION At the November 8, 2006 meeting, the Council approved the attached resolution calling for a public hearing on assessing abatement costs on the above properties. DISCUSSION The costs associated with the Hazardous Structure Abatement process at 17700 Tulip and 1049 Andover Blvd have been approved by a judge at the Anoka County Courthouse. Before the costs can be assessed to the properties, however, State Statute requires a public hearing to give property owners a chance to speak on public record. Resolution R131-06 called for the public hearing to be held at this Council meeting (see attachment). ACTION REOUESTED The Council is asked to hold a public hearing and approve the attached resolution pursuant to State Statute on the assessment of abatement costs to properties located at 17700 Tulip Street NW and 1049 Andover Blvd NW. Respectfully submitted, tdt- Will Neumeister Attachments Resolution to Approve Assessment Assessment Roll Resolution R131-06 (November 8, 2006) ~ MOTION by Councilmember CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R -06 to adopt the following: A RESOLUTION ADOPTING THE ASSESSMENT ROLL FOR THE CERTIFICATION OF ASSESSMENTS FOR ABATEMENT OF HAZARDOUS STRUCTURES AT 17700 TULIP STREET NW AND ALSO 1049 ANDOVER BOULEVARD NW. WHEREAS, pursuant to proper notice duly given as required by law, the council has met and heard and passed upon all objections to the proposed assessment for the abatement of hazardous structures. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover, Minnesota: 1. Such proposed assessment, a copy of which is attached hereto and made part hereof, is hereby accepted and shall constitute the special assessment against the lands named therein, pursuant to Minnesota State Statute 463.22. 2. Such assessment shall be payable in one annual installment on or before the first Monday of January 2008 and shall bear interest at the rate of six 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 of the assessment on such property with interest accrued to the date of payment to the City Treasurer, except that no interest shall be charged if the entire assessment is paid within 30 days from the adoption of the resolution. 4. The City Clerk shall not certify the assessments to the property taxes until November 2007. MOTION seconded by Councilmember and adopted by the City Council at a meeting this ~ day of , 2006 , with Councilmembers voting in favor of the resolution, and Councilmembers voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: Michael R. Gamache - Mayor Victoria Volk - City Clerk -2- - - CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R131-06 MOTION by Councilmember Jacobsen to adopt the following: A RESOLUTION ACCEPTING COMPLETION REPORT AND CALLING PUBLIC HEARING ON ASSESSING COSTS OF ABATEMENT OF HAZARDOUS STRUCTURES AT 17700 TULIP STREET NW AND ALSO 1049 ANDOVER BOULEVARD, PROJECT NO. 05-64. WHEREAS, pursuant to a Court Order, the abatement of deteriorated/hazardous structures has been completed at 17700 Tulip Street NW (PIN 053224240001 & PIN 053224230001) and 1049 Andover Boulevard (PIN 263224130002); and WHEREAS, documentation regarding completion of the renloval of these structures is on file in the office of the City Attorney; and WHEREAS, the proposed assessments have been found to be in compliance with the Court Order to remove all hazardous structures on the described properties. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover that: 1. The City Council hereby accepts the Report for Assessment of the Abatement Costs for the structures at 17700Tulip Street NW and 1049 Andover Boulevard. 2. The Council will consider the assessments in accordance with the report and the assessment of the subject properties for all of the costs of abatement pursuant to Minnesota Statutes Chapter 463.22 and Chapter 429. The abatement project cost for the property at 17700 Tulip Street NW is $40,948.34. the abatement project cost for the property at 1049 Andover Boulevard is $33,295.17. 3. A Public Hearina shall be held on the proposed assessments on the 5th day of December. 2006 in the Council Chambers of the City Hall at 7:00 PM and the Clerk shall aive mailed and published notice of such hearina as reauired bv law. MOTION seconded by Councilmember Trude and adopted by the City Council at a regular meeting this 8th day of November ,2006 , with Councilmembers unanimously voting in favor of the resolution, and no Councilmembers voting against, whereupon said resolution was declared passed. ATTEST: CITY OF ANDOVER ~R~~ " ael . Gamac e - Mayor ~ U../b Victoria Volk - City Clerk ~3- -- - C a> E Ul Ul a> Ul :l - C a> E a> - co ;i 3: 3: '0 z z n::n:: 'C 'C w- (I) > > > C 0 iii C'II iii oa> 0 0 ~'r"t- C'II 0 ... r-. r-. r-. oE ... a> a> q ... 0 ... ... ... ZUl on > > an 0 an lri , lri et: :ll 0 M 0 a:i ... ... 'C CO en en CO Ol Ol IL Ul a> 'C . ~ C'II C'II 0 N N_ ,g "" - o:l E ~ "t- O M M 0 <'i (') I- M M C'II (') (') >Cij a> en C'II en M "" I- .- u "" , 0 -u a> 0 (I) ... ~ ~ ~ ~ Oa> 0 ... C'II C. II) :Z~~ in GiUi';'; -- Cij I- CO III 0 -00 00 __C c.a> - 0.""'0 ~ COCa> .- -~ 0 Ili w D::a>E u a> I- .., 'C C- O ..... ~ -E>o .- C !;;: m Ul >0 CO ...- n:: ~. CO 0.. 0.. 0 0.. a> 0.._ -...CO C 0 ::l -...C a> C ,get: E ::l Z -~- - - c CIl E III III CIl III .:l! - c CIl E CIl - CIl '0 :a! 0::0:: 3: W- eD 3: > c 0 Z .... Z o CIl 0 0 - 'i!..".."t:t C E N - 0 I/) ~ ~ ~ I/) 0 M 0 M M ~ Z .111 .n . Co cO 0 cO cxi , <eX: Co ~ cD <Xl ... ~ ::::s ]I ~ ~ co ~ ~ u..1II CIl ::::s en en 0 Ol. Ol .c ~ I- o.:l! I- ~ 0 0 0 0 0 0 E 0 0 f- ~ ~ N ~ ~ >-iii CIl 0 N 0 U M ...... I- .- ..... . ..... - U .CIl ..... It) .... ~ ~ EF7 EI7 () CIl C. .... 0 Co I/) Z~~ QjUj.... -- iii f- III CIl III () -Ou III __c CoCll - 0.""'0 al CIlCCll .- ... 0 W W ... O::CIlE UCIl I- .., "'C C- ..... ~ -E:-. .- C ~ 0 1XI III :-. CIl ...- 0:: ~CIlD. D. C D. CIlD.- -_CIl CO::::s -...C ,g~ E ::::s z -~~ -- @) 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (763) 755-5100 FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US TO: Mayor and Councilmembers CC: Jim Dickinson, City Administrator Will Neumeister, Community Development Director wJv- FROM: Courtney Bednarz, City Planne~ SUBJECT: Consider Sketch Plan/Office Development/SW Comer Round Lake Blvd. & 1 57tl1 Avenue NW-Plng. DATE: December 5, 2006 INTRODUCTION The applicant is seeking direction from the Council on their idea to construct a rural office development. The attached sketch plan and photographs conceptually illustrates the type of office development that is proposed. The applicant will describe the proposal and be available to answer questions at the meeting. DISCUSSION Required Approvals The project would require an amendment to the Comprehensive Plan and a rezoning to change these designations from residential to commercial. To allow the proposal to move forward, the Limited Commercial Land Use Designation and Limited Business Zoning District would need to be recommended to limit the potential future uses of the property to the least intrusive commercial uses. It should be noted that a rezoning from residential to commercial will require a super majority vote from the Council (4 of 5 votes). Sewer and Water Municipal sewer and water are not available. The site would need to be serviced by a well and septic system. There is potential for the site to be served by sewer and water in the future as the Rural Reserve develops, if the Council elects to design utilities. to serve this area. Access Both lsih Avenue and Round Lake Boulevard are county roads. A signal presently exists at this intersection. The Anoka County Highway Department will determine where access to the site will be permitted. This may cause the access points shown on the sketch plan to change. Long Range Planning The property is across Round Lake Boulevard from the Rural Reserve. When this area develops, Veterans Memorial Boulevard is planned to connect with the intersection at lS7th Avenue and Round Lake Boulevard. Although land uses have not been assigned within the Rural Reserve, the east side of this intersection was one of the locations discussed as having potential for commercial or school uses in the future. - Planning Commission Recommendation The Planning Commission discussed the pros and cons of the proposal in detail at their November 28th meeting. Some members of the Commission expressed that the proposal may be premature and some expressed support. The minutes from the meeting are attached. Staff Recommendation Staff does not recommend support of the sketch plan. There are existing and undeveloped commercial areas available for development that are served by municipal utilities. Staff has shown the applicant where existing commercial areas are located and described the concern the city has about creating competition away from these areas and bringing this use into a rural residential area. The applicant has indicated that their concept is different than a typical office development and wishes to present their vision to the Planning Commission and Council. ACTION REOUESTED The Council is asked to provide feedback to the applicant and specifically to communicate if there is any potential for approval of land use and zoning changes to accommodate the proposal. Attachments Location Map Sketch Plan Photographs Planning Commission Minutes Cc: Steve Rage Rage- Wangensteen Corporation 821 Marquette Avenue Mpls, MN 55402 - z...... - ~NDbVE~ ~rporated 1974 '\: 'I.'O\~ - 16135 16134 16119 16120 ~ 16055 3616 _0 - 16041 16040 - 16025 16024 - 16021 16010 - 15961 15960 - 15945 15944 15931 15930 15907 15908 .15890 r-- ~ o ~ n I- "'~7 3661 , M ii! Sketch Plan t Rural Office Developmen 16162 161n I m =1 ~ I ! 7 i ~~ I --;- ~--;- ~ I \}1.! fiG --=l ~ ~ ~U)~~~ ~ ~ - ~ - ~ ~ ~ .f/ 3250 ~ - <-- - r-- , '5440 ~~ "ITo ~ i/~ h '.4:)4: l ! (,,_ !",~ ! ~ .. \ \ ~1rJ:i~ \ I S\ -. J.. ; 3541 ~ V ~ II ::::: 0 ~ ~ I 15255 ~ ~ '" f------t-- 3425 16138 16135 '0 ,,'AV ~ \ 16071 3261 16041 16070 ~ \-'260 o 16021 16020 16011 \ o ~I' -' ~ 15956 f---J' (15981 15960 -" "961 I iJ\-\- ~.- ! 16070 15896 ~ I', ~ , ~ ~ ~ ~ ~ ~ ~ ~ ~ r-- -'- - ~ & '$.?.. ~ -,;- J--~ tl ~ I~ ~ ~ ~ ~I I,l) , if ' 1----'.., , M ~ ~ 0 ~ / 0 9 ~ . ~ I ~7 f---- 16125 ~ - 15874 ~'5851 , Cl ~ ::; '" w- '" <( -' Cl z ::> ~m s ~ I I 15820 Cl '<>>0 ~ ~ ~~ o z ~ 5 a: I 3121 , o ~ I~I~ ~ 1615T AVE ~ ~ ~ I - 2830 3128 - - 3119\_~ , 1::-, r-~ -- ':1 15135 LN I - ~ / - , ~ N Location Map SUBJECT PROPERTIES -3'- - (a~~^3lnDg 3~~l aNnD~) 6 H~SJ 61 .... 4>. I I- Z W 2: I- <[ W ~ I- >- "- ~ ~ <[ Z l- t-! Z LL W <[ .(/) :::J V) Z C) ~C) w ~ C) > \[) <[ I f- r--- LD .--i \J (:) ('ij I <[ (/) U . , V) --1 --1 <[ l- V) --1 <[ l- t 0 I- CJ'> I'- OJ o "" '=- ! w !:i <. .. -f-- ......... ~ DRAFT PUBLIC HEARING: SKETCH PLAN TO CONSIDER OFFICE DEVELOPMENT AT THE SOUTHWEST CORNER OF ROUND LAKE BOULEVARD AND 157TH A VENUE NW. Mr. Bednarz stated the applicant is seeking direction from the Planning Commission and Council on their idea to construct a rural office development. Motion by Walton, seconded by Casey, to open the public hearing at 7:05 p.m. Motion carried on a 5-ayes, O-nays, 2-absent (Greenwald, King) vote. Motion by Walton, seconded by Casey, to close the public hearing at 7:06 p.m. Motion carried on a 5-ayes, O-nays, 2-absent (Greenwald, King) vote. Ms. Sue Wagenstein and Steve Haag, Minneapolis Real Estate Developers, stated they were at the meeting seeking to develop an office complex. She stated they would like to offer office space at a more affordable rate than what is currently found in the area. She stated they would like to start off with one office building and have a maximum of four and to maintain the rural setting of the area. Ms. Wagenstein made a presentation to the Planning Commission. Commissioner Kirchoff noted Ms. Wagenstein indicated she talked to the County and they thought a right-in/right-out on County 9 would be feasible. Ms. Wagenstein stated that was correct. Commissioner Kirchoff asked if the County said anything about County 20 and an access there. Ms. Wagenstein felt the County would want a main access onto County 20 and would be the best access. She stated they could also consider keeping the access on County 9 as a fire access. Commissioner Kirchoff stated in looking at the development, did they feel they were limited by not having sewer and water there and maybe this site in the future would have a greater value at a higher intensity. Ms. Wagenstein thought it was partly due to the septic and well that they would need to install but they have never been developers to abuse the property. They would like it to be nice and quaint and they could be more dense if they wanted to but this is what would work for them economically and create a different setting. Mr. Steve Haag, 4765 Chandler Road, Shoreview, stated this was option d. They actually had more square footage on this site on some of their earlier options. He stated they could get more square footage on this property and still provide for sanitation treatment, storm water ponding and a private well. He indicated they have an opportunity here to do something that is in keeping in character ofthe neighborhood and they want to take advantage of that so that is why they are presenting this option. - Commissioner Kirchoffasked what kind of materials they had in mind for the buildings. Ms. Wagenstein indicated they would be trying to achieve the Tuscan look indicated in the lastest photographs and that all of the buildings would be one level. Mr. Haag noted they are trying to be sensitive to the trees that are on the site. Chairperson Daninger asked if the reason for this site was because of the cost versus other commercial sites in Andover. Ms. Wagenstein indicated the primary drive and focus was they were looking for a great site where they could create this type of environment. Chairperson Daninger asked if the Rural Reserve did not move forward, would this affect their intent to move forward. Ms. Wagenstein indicated it would not. They would still do the septic and well until a future date when there would be utilities. They planned this into the site so it would be easier to connect in the future. Chairperson Daninger asked when the sketch plan before them be complete if they were allowed to build all four buildings. Ms. Wagenstein indicated they would have a lot of it complete by next fall, at least one or two buildings. Mr. Haag indicated it would depend on the acceptance by the market, it could be one to four years. Chairperson Daninger asked if the parking would be complete as seen or would it grow with the buildings. Mr. Haag indicated it would grow with the buildings. Chairperson Daninger stated there was talk about school and commercial property here when they were discussing the Rural Reserve, would this be the spot they discussed. Mr. Bednarz stated it could actually be on the east side of Round Lake Boulevard in the Rural Reserve itself. Commissioner Kirchoff asked if the parking would serve retail as well as office. Ms. . Wagenstein indicated they would not provide retail in this development. They were looking for professional services such as accounting, dental, etc. Commissioner Holthus asked how tall the office buildings would be. Mr. Haag stated they would all be one story buildings. Chairperson Daninger wondered if the Commission thought the office buildings fit in this area of the City. Commissioner Kirchoff stated at face value, looking at the photos, County 20 and County 9 will be busy in the future. He thought this was a little premature but not out of character. Commissioner Holthus thought the development looked very attractive but there is the question of when the Rural Reserve will be developed and when utilities will be available. She thought this may be out of character for some time until the Rural Reserve is developed. She did not know if this was the right place for it. - Commissioner Casey thought it has a lot of good potential especially with the Rural Reserve across the street and eventually coming. He thought this might be a good pace setter for the whole Rural Reserve area once it does come in. He stated right now the area is very underdeveloped and across from the Andover Industrial Area which is in bad need of some sort of development. Commissioner Walton stated he struggled with the location being that close to residential but they are acreage properties there and it is a busy intersection and will be difficult to put a residential property there. He felt the comer is not residential and should be commercial of some type. He was not certain if office was the best fit for the space but the appearance my blend in better with the residential than any other square pointed building might. Chairperson Daninger stated if this was allowed, he wondered if anyone. would have an issue with the sketch plan, Alternative D. Commissioner Holthus asked what the tree preservation plan would be. She thought according to the sketch plan a lot of trees would have to go. Chairperson Daninger thought a lot would have to go because of the pavement and the buildings and storm pond. Commissioner Kirchoff stated he was concerned that a really intense development at this intersection will not have good access because of its proximity to the intersection which he expected to become a more significant intersection as things develop. He liked the lower intensity of development at the comer itself because the access is limited because they do not want to have something close to an intersection so he kind of supported this on the site itself because he considered this to be relatively low intensity. Chairperson Daninger thought the underlying guidance is that it may be premature. If it was closer to some other things, the sketch plan might be doable other than the fact they would want a little more detail. His guidance is this is not a no but their concern is it may be too early. There are a lot ofrestrictions. He thought if they were going to vote it would be a no but maybe as they move forward of the Rural Reserve development gets closer, it may be a yes. That could be six months or five years. They may struggle if they see this and probably if they had to make a recommendation, he was sensing it would be a vote for no. Mr. Bednarz stated that this item would be before the Council at the December 5, 2006 City Council meeting. - T Y 0 F OVE @) TO: CC: 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (763) 755-5100 FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US Mayor and Councilmembers ~ Jim Dickinson, City AdministratoG Will Neumeister, Community Development Director ~ Courtney Bednarz, City Planne" FROM: SUBJECT: Consider VarianceIDriveway Setback/1342l Round Lake Boulevard NW -- Planning DATE: December 5, 2006 INTRODUCTION This item was previously reviewed at the November 8th Council Meeting. At that time, the Council approved a motion to table this item until a neighborhood meeting was held. DISCUSSION Neighborhood Meeting. A neighborhood meeting was held on November 29, 2006 at City Hall. The meeting was attended by seven residents and representatives from ACCAP, Anoka County Corrections and city staff. A summary of the meeting is attached. Variance Request ACCAP seeks a variance to allow a driveway access across another property to provide access to the subject property. The driveway would provide access to a new house. The City Code requires a 5 foot setback from side property lines. If the driveway crosses the side property line to provide access to l34th Avenue NW, a variance to this requirement will be necessary. The applicable section of the City Code is attached The applicant owns the property to the south and has the ability to create an easement for the proposed driveway. Based on the information on record and provided by the applicant, the following findings are offered for review: 1. The lot is vacant and the applicable zoning district allows single family homes. 2. The lot will comply with the width, depth and area requirements ofthe applicable zoning district and has frontage on a publicly dedicated street. 3. Access to this street is controlled by Anoka County and a driveway to this county road will not be permitted. 4. Without access to the property reasonable use of the property is prohibited. Background The subject property was divided into two lots in 1987. A twin house had already existed on the property for many years. In 1992, Anoka County purchased 29 feet of the properties for Round Lake Boulevard as shown in the attached drawing. Anoka County paid full market value for the twin house and land, at that time $52,000 per side. The twin house was subsequently removed. However, a single sewer and water stub was provided for the property when Round Lake Boulevard was reconstructed. When the property was sold to ACCAP Anoka County did not retain the right of access. However, Anoka County will not issue an access permit for a driveway onto Round Lake Boulevard as indicated in the attached letter. Anoka County also purchased the property to the north of the subject property and removed a home for the Round Lake Boulevard project. This lot was sold to the adjacent property owner to the east and subsequently attached to that lot (3532 135th Avenue NW). Orientation of the House The attached site drawing shows a new house facing east. Members ofthe neighborhood have expressed concern about how this will fit into the neighborhood. ACCAP has indicated that they are willing to adjust the orientation of the house if a better solution can be achieved. In addition, if the Council approves the variance, they may choose to apply conditions that will mitigate potential adverse impacts directly caused by the variance. This may include reorienting the house to create a head on approach to the garage to prevent headlight glare to the north and/or screening to provide visual separation between homes that are facing different directions. It should be noted that ACCAP indicated at the neighborhood meeting that a three car garage was proposed. Driveway Considerations The driveway will be slightly less than 150 feet in length and required to be constructed with a hard surface (concrete or bituminous). The standard five foot driveway setback should be maintained between the proposed driveway and the undeveloped property to the east. The easement would likely need to be wider than 12 feet to accommodate this requirement. Property to the East The property to the east is also vacant. Sewer and water stubs were provided for this property along 134th Avenue NW with the assumption that it will be subdivided in the future into three single family lots with frontage onto 134th Avenue NW. Anoka County Community Action Program (ACCAP) ACCAP is dedicated to helping individuals in Anoka County out of poverty and into the community as productive citizens. Educational opportunities are offered through programs such as Head Start and Home Ownership Workshops. Information and referral services are offered to Anoka County residents through programs such as Child Care Resource & Referral and the Senior Information Line. ACCAP also provides direct services and subsidies to residents such as affordable housing, the Energy Assistance Program, the Child Care Assistance Program, and the Weatherization Program. These programs and services help individuals and families in our community achieve their goal of self-sufficiency. Planning Commission Recommendation The Commission unanimously recommended approval of the proposed variance. The minutes from the meeting are attached. ACTION REQUESTED The Council is asked to approve or deny the variance. Two different resolutions are attached. ---2 - - Attachments Resolutions Location Map Letter From Applicant Site Drawing Future Home Example City Code Section Letter from Anoka County Highway Department Anoka County Right of Way Purchase Planning Commission Minutes Council Minutes Neighborhood Meeting Summary Cc: Donna Mattson, ACCAP 1201- 89th Avenue N.E. Suite 345, Blaine, MN 55434 " -.J- - CITY OF ANDOVER COUNTYOFANOKA STATE OF MINNESOTA RES. NO. R A RESOLUTION APPROVING A V ARIANCETO CITY CODE 12-13-9 TO ALLOW A DRIVEWAY EASEMENT TO PROVIDE ACCESS ACROSS PRIVATE PROPERTY TO PROPERTY LOCATED AT 13421 ROUND LAKE BOULEVARD DESCRIBED AS: Lot 1, Block 1, Weises Addition, Anoka County, Minnesota. WHEREAS, the Council has reviewed the request to vary from City Code 12-13-9; and WHEREAS, the applicant has provided the following findings for the Council to consider: 1. The lot is vacant and the applicable zoning district allows single family homes. 2. The lot will comply with the width, depth and area requirements of the applicable zoning district and has frontage on a publicly dedicated street. 3. Access to this street is controlled by Anoka County and a driveway to this county road will not be permitted. 4. Without access to the property reasonable use of the property is prohibited. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover approves the variance request allowing a driveway easement to provide access across private property to the subject property, subject to the following: 1. The driveway shall maintain the required 5 foot setback from the undeveloped property to the east. 2. A copy of the recorded easement document shall be placed on file with the city prior to a building permit being issued for the subject property. 3. The orientation of the house and garage will be modified to prevent headlight glare to the north. Adopted by the City Council of the City of Andover on this _ th day of ,2006. CITY OF ANDOVER ATTEST: Michael R. Gamache, Mayor Victoria V olk, City Clerk '4- - CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R A RESOLUTION DENYING A VARIANCE TO CITY CODE 12-13-9 TO ALLOW A DRIVEWAY EASEMENT TO PROVIDE ACCESS ACROSS PRIVATE PROPERTY TO PROPERTY LOCATED AT 13421 ROUND LAKE BOULEVARD DESCRIBED AS: Lot 1, Block 1, Weises Addition, Anoka County, Minnesota. WHEREAS, the Council has reviewed the request to vary from City Code 12-13-9; and WHEREAS, the applicant has provided the following findings for the Council to consider: 1. The lot is vacant and the applicable zoning district allows single family homes. 2. The lot will comply with the width. depth and area requirements of the applicable zoning district and has frontage on a publicly dedicated street. 3. Access to this street is controlled by Anoka County and a driveway tothis county road will not be permitted. 4. Without access to the property reasonable use ofthe property is prohibited. WHEREAS, after review of the variance request the Council finds the following; 1. Anoka County paid full market value for the property and structure as a part of the Round Lake Boulevard Reconstruction Project and removed access from Round Lake Boulevard, 2. Anoka County bypassed an opportunity to combine the subject properties with property they owned to the north to allow access to a local street, l35th Avenue NW. 3. Anoka County will not allow access to the only adjoining public street, Round Lake Boulevard. 4. The findings provided by the applicant do not justify granting the variance. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover denies the variance request and does not allow a driveway easement to provide access across . private property to the subject property. Adopted by the City Council of the City of Andover on this _th day of ,2006. CITY OF ANDOVER ATTEST: Michael R. Gamache, Mayor Victoria V olk, City Clerk -s- '-- - "'" "'" "'" "'" 1.0 '"^ "'" ~..... 1.0_ T"""~' \ ~ "'" ~ """ ~ "'J Cf) ~ Cf) Cf) Cf) ~ ~~A.T =r~ c.".) a::> co o c:.o """ \ c.".) ~ 1.0 ~ N 00> ~ ~ """~, ~ ~~ % ~Cf)C'j ~ Cf) ('V) 1.0 Cf) T""" 0>\ c.".) ~ c:.o l() " Cf)NT"""O>~~",,"~~ I.OI.OLO",,"CP.CJ'Cf)('V)~ Cf) Cf) Cf) Cf) \ ~~0..~Rn '" f- -\;d( ~ C\J 13336 13334 g 1333713342 8 ~. * 133~ 1 3330 I- ffi m ('V) 13326 (f) ~ ::J ~113332( (1), \1333713330 13322 ~ ~ (f) ~l---;;\ -IJ--- +-____ 13318~ ~ ~ &/ .~~ 1332( 13314 C") C").~ C"') 13312 ~ 13304 ~ '71331211331 ~ / ~NDbVE~ Incorporated 1974 Variance to City Code 12-13-9 13421 Round Lake Boulevard T""" T""" T""" T""" T""" L!) ~f6~U;~I~~ C") Cf) C") Cf) Cf) IV.. Cf) 1 ~F\- "H Ll\J 0 c:.o """ N N N:O: N 0) """ Cf) N T""" 0 """ J: 1.0 1.0 1.0 1.0 1.0 """ ;:; Cf) C") Cf) Cf) C") Cf) o ~ ('t) Cf) """ C") N Cf) """ Cf) -e ~ 13511 Q) ~ co"- .2:1 . ~ -0/ c: ::J &. 3532 T""" T""" T""" N T""" 0 1.0 1.0 1.0 Cf) (\') Cf) 13bTH~VE Cf) Cf) """ Cf) """""" Cf)Cf) N T""" 1.0 Cf) N o 1.0 Cf) N N """ Cf) """ """ Cf) Cf) N N 1.0 Cf) 13427 -) 13421 ~:-g L() L() C"') C"') 3554 N c:.o N 1.0 """ C't) 1.0 1.0 1.0 Cf) Cf) C") 13355 0>"'" 1.0""" 13355 LO 1.0 Cf)Cf) C") N """ Cf) 0> cc o L[ """ Cf Cf) T'" N N """ Cf) " N "0:::1 T""" L( """ C"". Cf) T" Cf) Cf) N T""" """""" Cf) Cf) ( , L ( , N N N T""" """ """ Cf) Cf) " C "0:::1 C"". D SUBJECT PROPERTY - ,~ ~ N Location Map - ANOKA COUNTY COMMUNITY ACTION PROGRAM, INC. 1201 89th Avenue NE' Suite 345' Blaine, MN 55434' Phone 763-783-4747. FAX 763-783-4700. TTY 763-783,4724 E-mail: accap@accap.org A United Way Agency DATE: October 5, 2006 to: Whom it may concern FROM: Donna Mattson, Housing Services Director ~,t, SUBJECT: Variance with the City of Andover Anoka County Community Action (ACCAP) is applying for a Variance with the City of Andover to allow a driveway easement across 3555 134th Avenue to property at 13427 Round Lake Blvd. Both properties are owned by ACCAP. Our intent is to combine the two lots at 13427 and 13421. They became land locked after Round Lake Blvd was reconstructed. We will then build one single-family house. ACCAP has a partnership with Anoka County Corrections (using inmate labor) to build two affordable houses in Anoka County per year. Construction would take place in 2008 on this combined lot. -7- An Equal Opportunity Employer - r /I JJ+IE. 5 I ! I I" .~ 'I ~I ~ .J ~, lJ b/. ~ J <: ::1 ~ ::l ::J / - 1\ l~ l~ \ S,rE D~LN(a (P3 (" ,-/7/ " / 2.3 h 'I) ~ f) / 5'u r , G rY) i , / ' 1 --.:;-..- ~ .... JI LI I", t, uJ II ' \I----~-- I, -:z \~ tL - 33' ') :tr355Cj /3. fill h A J) f.. - ?'- ~ W "1 .~ <::::, :z if '.';; ~ " -.. "'"" -~ 0 -+- 0 L, ')0 I ~ -.... <::::l , ">.( -i LL , , '-I ~~ , !, Ii' j (I wJ !I\' .. ~ \..Cl r 0:' "ct: " rtl~ ~ ::r-r l~. <r: tpj -Il'! ~ "I , II" i ",-.;1., -. ----.---.-..---;:-; .. Q -- ( '-'7 ,- " ?Y7 <,,:/ C'. .~ .~ ~ -/ " so E- /7 -? (-3 " .,,\ $. ,i ,. . t "'0)" >" . '. ~> " ~ ~ -1 -- .~--=- // ' P;(oPrJS6!l -NomE -r~ C'n( ~'DE See:n~N , proximity to the principal use is acquired and developed for parking. (Amended Ord. 8,10-21-1970; amd. 2003 Code) D. Design Standards: 1. Parking Space Size: Parking spaces shall not be less than ten feet wide by eighteen feet in length (10' x 18') exclusive of access aisles, and each space shall be adequately served by an access aisle. 2. Residential Design: a. Parking areas shall be designed so that circulation between parking bays or aisles occurs within the designated parking lot and does not depend upon a public street or alley, except in the case of single-family, two-family, townhouse and quadraminium dwellings. b. Parking area design that requires backing onto the public streetis prohibited, except in the case of single-family, two-family, townhouse and quadraminium dwellings. 3. Curb Cuts: a. No curb cut access shall be located less than sixty feet (60') from the intersection of two (2) or more street rights-of-way. This distance shall be measured from the intersection of lot lines. b. All proposed curb cuts along a county road must be reviewed and approved by the County Highway Department. c. No nonresidential curb cut access shall exceed thirty feet (30') in width unless approved by the City. Engineer. d. No residential driveway located on a cul-de-sac shall exceed twenty-four feet (24') in width at the street curb to the right-of- way/property line. Other residential driveway widths shall not exceed thirty feet (30') in width at the street curb to the right-of- way/property line. --+ e. Curb cut openings and driveways shall be a minimum of ten feet (10') from the side yard property line in all classes of business, industrial, or multi-family residential districts. V--t. Curb cut openings and driveways shall be a minimum of five feet* ~l\ ~5') from the side yard property line in all residential districts (R-1, R-2, R-3, R-4, R-5). ) -/0- COUNTY OF ANOKA Public Services Division HIGHWAY DEPARTMENT 1440 BUNKER LAKE BLVD. NoW., ANDOVER, MINNESOTA 55304-4005 (763) 862-4200 FAX (763) 862-4201 RECEIVED November 29, 2006 NOV 3 0 2005 Courtney Bednarz City of Andover 1685 Crosstown Blvd. NW Andover, MN 55304 -CITY OF ANDOVER Re: Consideration of Access - 13427 and 13421 Round Lake Boulevard (CSAH 9) We have reviewed the consideration of access for 13427 and 13421 Round Lake Boulevard (CSAH 9) within the City of Andover. It is in the best interest ofthe traveling public that the access for both properties to be made onto the City street (134th Avenue NW). Additionally, it is reasonable and consistent with Anoka County policy that no direct access be made directly onto CSAH 9 for either property. This section ofCSAH 9 is a high speed (45mph), 6- lane divided highway with no shoulder or right turn lanes. Direct driveway access onto an arterial route such as this can lead to safety problems associated with daily ingress and egress for the property, daily mail delivery, weekly garbage service, etc.. Additionally, the properties are located within the dilemma zone for the NB CSAH 9 driver decision area for the traffic signal located immediately to the north at 13SthlRoosevelt Street NW. Allowing for direct access to residential properties within this area would cause safety issues. Lastly, by providing access from the properties onto 134th Avenue NW, connectivity to the full access signalized intersection at 135thlR00sevelt Street becomes available through the existing City street system. Consequently, no access to CSAH 9 will be permitted for the parcels, and if possible, the right of access along CSAH 9 should be dedicated to Anoka County at this time. If any utility work is to be performed within the county right of way, a permit is required and must be obtained prior to the commencement of any construction (permit for Work Within County R/W= $110.00). Contact Terri Klein, Permit Technician, for further information regarding the permit process. Thank you for the opportunity to comment. Feel free to contact me if you have any questions. Sincerely, Ii . c!fJi~~ Jane Rose Traffic Engineering Manager xc: . . CSAH 9/Plats/2006 Mike Kelly, Chief Right of Way Agent Larry Hoium, County Surveyor Randy Bettinger, Traffic Engineering Coordinator Terri Klein, Permit Technician Josie Scott, Traffic Engineering Technician -11- Affirmative Action I Equal Opportunity Employer - " , - '~~'1..: 55~'(io;- - 4^,t>I('.4-~~ R-o-v~.P-R.~~ f. MAP SHOWING ACQUI$ITION AREA (S.A.P. 02-609-10) 55.00' 1- - - -'-'.'-- -- - -, , , N 13433 17,185. sq. ft. 0.39 acres NEW R/W 5.321 sq. ft. 0.122 acres .. " ' c: SUBJECT .,., "" ill ...___1__ D.MESNSLClN 29.00' - -- Ii , I , P . -----, .'- _u____.., _no_,_._'..___'" _u...."..___ "-':jAV'Rf\) , t{'l-' ' , , "'"'___n' j :1 i I 29.00' -- - - - -- '- -- - ~rr 3558-3554 - 15.000. sq. ft. -26- I 0.34 acres I ," J~E-"! ~iW ~ -/2.1 i , -- -- .- --'-I i I I Regular Andover Planning and Zoning Commission Meeting Minutes - October 24, 2006 Page 6 VARIANCE (06-06) TO VARY FROM THE DRIVEWAY SETBACK REQUIREMENTS OF CITY CODE 12-13-9 TO ALLOW ACCESS TO PROPERTY LOCATED AT 13421 ROUND LAKE BOULEVARD NW. Mr. Cross stated the applicant is the Anoka County Community Action Program (ACCAP). They seek a variance to allow a driveway access across another property to provide access to the subject property. The driveway would provide access to a new house. Mr. Cross discussed the staff report with the Commission. Commissioner Casey asked where the water and sewer stubs tie in for the new property. Mr. Cross stated he was made aware sewer stubs were available to this property but he did not where it is at. Commissioner Greenwald thought they would have to allow some type of access to the property because the County will not allow them access to the County road. He thought this may be the hardship. Commissioner Walton stated he was looking at the resolution and it indicates a variance for the driveway to allow access and he did not see anything for the curb cut, which is what they were actually reviewing to approve. Mr. Cross stated the 12 foot easement does cover the curb cut and driveway to allow more flexibility when constructing the driveway. Commissioner Kirchoff asked if they could shift the curb cut to the west so they would not need a variance. Ms. Donna Mattson, ACCAP, indicated she was at the meeting for questions. Chairperson Daninger asked if they have looked at any other housing designs. Ms. Mattson indicated they have. Chairperson Daninger wondered where the headlights will shine when entering the driveway. Ms. Mattson was not sure but indicated they will take that into consideration and do what is necessary to fix any potential problems. Chairperson Daninger wondered if the house will.look backwards to the surrounding neighborhood. Ms. Mattson indicated they did look at other house designs that would face Round Lake Boulevard and with the fence there, ifthe house were facing Round Lake Boulevard, it would look backwards. She noted the house will not be seen from Round Lake Boulevard. Chairperson Daninger asked if ACCAP owned the duplex in front ofthe lot in discussion. Ms. Mattson indicated the duplex is owned by them and is used as a rental. -}:1- Regular Andover Planning and Zoning Commission Meeting Minutes - October 24, 2006 Page 7 Ms. Mattson indicated when she applied, for the permit, she did not realize the variance was only for the curb cut, she thought it was for the entire driveway and she would like to continue with the process of getting a variance. Motion by Greenwald, seconded by Casey, to recommend approval of the variance based on the resolution. Motion carried on a 6-ayes, O-nays, l-absent (King) vote. Mr. Cross stated that this item would be before the Council at the November 8, 2006 City Council meeting. OTHER BUSINESS. Mr. Cross updated the Planning Commission on related items. ADJOURNMENT. Motion by Walton, seconded by Casey, to adjourn the meeting at 8:15 p.m. Motion carried on a 6-ayes, O-nays, l-absent (King) vote. Respectfully Submitted, Sue Osbeck, Recording Secretary TimeSaver Off Site Secretarial, Inc. -/t/-- . - Regular Andover City Council Meeting Minutes - November 8, 2006 Page 9 thought because winter is coming upon them, they would not need the fence to be put up until the pool is open ain in the spring. Mr. Neumeister stated the out they have at the front counter regarding pools does not reference State Statute. There is one sectio at quotes Ordinance 228 of City Code but he believed that was an old section of the code. This referen the fencing requirements but without the statute book he cannot verify that. He wondered if the Coun . would want to table this item to the next meeting. They could look to see if there is a State Statute. 0 ilmember Orttel thought they would want a fence either way. City Attorney Hawkins was not sure if the State Building Code deals fences. It deals with buildings and may deal with the construction of a pool but he did not know if was anything in there regarding fences and that may be why cities have gone beyond and adopted or . don't have to do with the construction but have to do with the safety requirements. Motion carried unanimously. (RES. R134-06) CONSIDER V ARIANCEIDRIVEWAY SETBACK/13421 ROUND LAKE BOULEVARD NW Community Development Director Neumeister stated the applicant is the Anoka County Community Action Program (ACCAP). They seek a variance to allow a driveway access across another property to provide access to the subject property. The driveway would provide access to a new house. Mr. Neumeister stated there are four questions that were raised in the past week he wanted included in the record. 1. Why doesn't the report have a condition that combines the lot. The answer is as stated in the report. The applicant would combine the lots and there is no need to condition it to happen. The building department would not allow a building permit unless they provide proof they have combined the two lots. If the Council wants to add that as a condition that is acceptable but is not necessarily needed. 2. Should there be a requirement of screening around Round Lake Boulevard. There is a fence along Round Lake Boulevard that provides some level of screening. The requirement to . provide screening should be directly related to the variance request and since that would be on the opposite comer of the lot, he did not see a need to screen Round Lake Boulevard anymore than it currently is as it does not have an impact on the home that is going to bear the burden of having the driveway across the lot. 3. The proposed house does not face Round Lake Boulevard. Does that require a variance to City Code. No, in checking the City Code there is nothing in the current code that requires the house to face the street. The lot fronts on a public street; however the County is prohibiting the access there. 4. Can variances be conditioned. According to the City Attorney, there is a State Statute section that allows variances to be conditioned but it must be conditions in the granting of the -Is- - Regular Andover City Council Meeting Minutes - November 8, 2006 Page 10 variance to ensure compliance and protect adjacent properties. Councilmember Jacobson stated his understanding is the reason this is here is because the variance is for the curb cut. Mr. Neumeister did not think that was correct. He stated the driveway needs to maintain a five foot setback from the property line and because they are asking for a cross access agreement across an adjacent property, that is an unusual way to access a given lot. He believed the variance was to provide an access across property to another property and it is referencing City Code Section 12-13-9 to create an easement across another property to do that so that is the variance. Councilmember Jacobson asked if the properties are owned by the same person. Mr. Neumeister stated they are. Councilmember Trude thought this becomes an easement of necessity but they can give themselves permission to do this. City Attorney Hawkins stated if they cannot access Round Lake Boulevard than Councilmember Trude is correct. They need to have some access to the property. Councilmember Trude stated they own both properties so they would be denying them full use of property that they own if they did not let them have the driveway. City Attorney Hawkins stated the standards say they have to be able to have some reasonable use of the property. Councilmember Jacobson asked if the driveway were moved three to five feet west would the applicant be asking for an easement. Mr. Neumeister thought they would because they are required to provide an access across property that is not the property they are asking for a building permit on so they are asking for a variance for access across someone else's property. Mr. Pat McFarland, Executive Director for ACCAP, stated they are trying to develop those two parcels on Round Lake Boulevard so they can sell it to a first time homeowner. He thought the issue the neighbors had was they use inmate crews to build these houses. They have an arrangement with Anoka County Corrections and the crews are minimum security criminals. He explained the type of criminals they use. Councilmember Trude thought another issue may be the home would be a little under value compared to surrounding properties. Ms. Ione Lienke, 3532 135th Avenue NW, stated one of her issues is headlights will be shining in her bedroom from the driveway. She stated the biggest issue she has is the type of people they will be bringing in to build the house. She thought what a better way to case a neighborhood. Another issue is why ACCAP has to build more housing when they currently do not use the housing that is available to them. There are seven townhomes in the area that have not sold and they are putting up rent signs. There are also homes in the area that have been boarded up. She stated there will be no place for kids to play. Many people wondered why they do not take down the twin homes and build a single-family home on the property to help it blend into the neighborhood. Ms. Lienke wondered if this will be a three car or two-car garage home. Councilmember Trude was not sure what type of home will be going there. Ms. Lienke did not think this type of home would fit -/(- Regular Andover City Council Meeting Minutes - November 8, 2006 Page 11 into the neighborhood. She stated the front of this house will face their backyards. She felt this was a backwards home. Ms. Lienke asked what the value of the house will be when built. Mr. McFarland stated another house with a smaller lot is valued at $250,000. Ms. Lienke asked if they sell the twin homes, what happens to the driveway then. Mayor Gamache stated that is what they are trying to work out with a variance so if they end up selling to someone else the easement would remain there. Ms. Lienke stated the front windows of the house will face into their homes. Mayor Gamache stated it will face into the vacant lot. He stated there will not be any side windows and the house will be positioned further back and they may put a fence on the north side as well. The Council discussed how the house was going to be positioned on the lot. Ms. Tracie Chipman, 3434 134 th Avenue, reviewed some information from the website regarding the quality oflife in Andover and the community survey that was done in 2006. She thought there were problems with this particular building that would contradict what Mayor Gamache stated in his election piece. It concerns her that ACCAP is going to use criminals to build the home and possibly endanger the residents and allow possible theft. She is worried about her family's welfare. Mr. McFarland stated he agreed with Ms. Chipman regarding Andover. They have an inmate labor type of program. He was talking about Anoka County Corrections. He stated they have not had any crimes committed by their crews. They are well supervised. There will never be more than four people. Mr. McFarland thought it would be a good idea to have a community meeting to have someone from the corrections department come and discuss this with the neighbors. Councilmember Orttel thought a community meeting would be great and before they go much further they should have a meeting. Ms. Chipman stated the problem they have run into when they hire the inmates is they are paying them very depressed wages so they do not care what happens. They are still looking and casing the neighborhood. Councilmember Orttel stated these are not the type of people that are locked up; they can leave the facility if they want to. These people do not have jobs and the County gives them something to do. He thought they need to have a meeting to have someone explain what type of people these are. The applicant waived the sixty-day rule to allow a neighborhood meeting to occur. Motion by Jacobson, Seconded by Knight, to table this item to allow the applicant to have a public meeting with the neighborhood until the second meeting of November 2006. Councilmember Knight indicated he has some issues with the home being built on the property. One concern is they are going to have the back of the house facing Round Lake Boulevard and he -17- Regular Andover City Council Meeting Minutes - November 8, 2006 Page 12 wondered what it would look like. He was also concerned about what it does to the one twin home. Councilmember Jacobson stated these are two lots of record and the ability to access those lots was taken away by a governmental agency so that is one reason for granting a variance on a legal basis. Mr. Neumeister stated he would want some time to talk to the City Attorney regarding the exact taking that was done when the County took the access. Did that not make the property unusable and shouldn't they be responsible for the taking issue if there is one if the variance is not granted. He thought at one point the County probably paid some damages and may have rendered the property useless and that being the case, would that be cause for saying the lot is unbuildable and it should be combined with the adjacent parcel that is currently owned by the agency. City Attorney Hawkins indicated he would want to see if there was compensation and if the County actually acquired the right of access and they paid for it on that property. Mr. Gene Brown stated he owns the property adjacent to this. He noted he did not receive any mailing regarding this. The easement indicates twelve feet but it is from his property line. Councilmember Orttel stated it should be five feet and then twelve feet because that is their ordinance. Mr. Neumeister stated the drawing was submitted by the ACCAP agency and when they looked at that, they told them it should be put over five feet so they did not change the drawing but it should be over five feet. Motion carried unanimously. c: ./ Motion rude, Seconded by Knight, to schedule an EDA meeting for November 21,2006 at 6:00 p.m. Motion ied unanimously. Motion by Jacobson, Seconded by . t, to schedule a Special Council Workshop for November 28, 2006 at 6:00 p.m. Motion ied unanimously. City Administrator Dickinson updated the Council on Administrati d City Department activities, Open Space Referendum, meeting reminders and miscellaneo rojects. ADMINISTRATOR REPORT City Engineer Berkowitz updated the Council on the Hanson Boulevard construe. . The Council thought staff needs to get information out to the residents as soon as possible information on detours. The Council also wondered if the County would open up Bunker -/1'-- . Summary of Neighborhood Meeting The neighborhood expressed a variety of concerns with the proposed house and driveway. These included: 1. Orientation of the house and how it will seem out of place in the existing neighborhood 2. Impact on value of surrounding homes, including future lots of the Brown property to the east 3. Potential forproblems occurring from inmate labor crew' 4. Long term vacant status of ACCAP twin house to the south 5. Desire for removal of the twin house and combination of all properties to clean up the area and provide a site large enough for a new home 6. The small size of the ACCAP lots and the fact that if combined, the ACCAP properties would be the same size as the rest of the lots in the neighborhood 7. The fact that Anoka County had an opportunity to provide access to the north before it sold a property that was later combined with 3532 135th Lane NW 8. The fact that the County removed access from Round Lake Boulevard when the road was reconstructed A representative From Anoka County Corrections described the inmate labor program in detail. Some of the key points were: 1. The program has been operated since 1999 with very minimal problems from the labor crews 2. Laborers are monitored within the facility and must demonstrate abilityto follow rules and respond to supervision before allowed onto a work crew 3. Most of the laborers have been convicted of driving related offenses and a smaller number of drug related offenses and do not generally have a violent history, as they are eligible for work release during their assigned sentence 4. The work crew would usually be between four to six inmates with a uniformed supervisor. Th~ Supervisor has the authority to remove laborers from the work crew if discipline problems occur. Additional construction contractors and laborers not involved in the program would also frequently be present 5. Transportation is provided by Anoka County Corrections in a large van. A typical work day would be from approximately 9:30 am to 3:00 pm 6. The inmates are periodically screened for alcohol and drug use and removed from work crews if violations are found -11- .. CITY OF NDOVE @ 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (763) 755-5100 FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US '-....., TO: Mayor and Councilmembers CC: Jim Dickinson, City Administrator Will Neumeister, Community Developm FROM: Courtney Bednarz, City Plannel SUBJECT: Supplemental- Consider Variance/Driveway Setback/13421 Round Lake Boulevard NW (cont.) - Planning DATE: December 5, 2006 INTRODUCTION Continuing research into the history of the subject property in cooperation with Mike Kelly, Chief Right of Way Agent for Anoka County has produced more information about discussions between the city and county at the time of Round Lake Boulevard reconstruction. DISCUSSION The attached memorandum regarding Parcel 13 and 14 (subject property) indicates that the city expressed the desire to have the subject property combined with property to the south. ACTION REQUESTED This information is provided as additional background for the above referenced item. Attachments Memorandum 12-01-2006 11 :26am From-ANOKA CO SURVEYORS . +7633235418 ~ ," O~ (Ooq-Q) T-340 P.001/001 F-784 . ..... p~ WtU-k.~ ~:at~ PR.O:rosBD P.ooPERI'Y DISOOSITlON PLAN :ROUND LAKE BL\ID 02-609-10 As the result of the design requirements for this project, we will be acquiring several properties. 'rhis will create some tmique zoning considera.tions relative to reuse of these lots. After v:i.siting with appropriate Andover officials, the following. plan is proposed. . It should. be noted tbat we are still in negotiations with some these property owners and the specific parts of the plan are subject to our actwly acquiring the propertie$. bo/ 1. Parcel 12 - 3559 j34thAve. N.W. - '!hb property il5> one-half of a twin home. Removal of the struoture would be a huge problem. ACCAP ha$ made arrangements to acquire the other half and, with our half, will be able to mat"ket bo th properties. ~, D\V2. Parcel 13 and 14 - 13421 and 13427 Roiund lake Blvd - Structure cannot stay. ACCAP is prepared to relooate structure to another site. Andover would like to have this lot combined with Paroel. 12 to provide a better lot for Paroel 12, Dr.J,-- 3. Parcel 15 - 13433 Round Lake Blvd - Structure too old to move , will be demolished. 4. ParceJ. 18 - 3541 135th Ulne N.W. - Structure is located in new row and must D'Y be removed. ACCAP is prepared 'to move it to a new site. 5. Paroel19 - 13547 Round Lake Bl.vd -,Still in negotiations. City 'would want house removed, if acquired, but would also consider a zoning variance if a new h01.lHe was constructed. ACCAP is prepared to dC,! this. 6. Paroel 20 - 13611 Ro~d Lake Blvd - Same situation as Parcel 19. 7. Parcel 21 - 13625 Round Lake Bl.vd - Same situation as PBi-oel 19. -- -.----. Post-it' Fax Nota To dc/.U' CoJOoP!. Phone II '. , CITY OF NDOVE @ 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (763) 755-5100 FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US TO: Mayor and Councilmembers FROM: Jim Dickinson, City Administrator SUBJECT: Authorize Execution & Delivery of Lease Agreement (Community Center) DATE: December 5,2006 INTRODUCTION Activity in the current bond market is indicating that there is an opportunity for the EDA to save some significant long term debt service expense by refinancing the EDA's $19,640,000 Public Facility Lease Revenue Bonds, Series 2004. DISCUSSION City Staff has been working with an underwriter (Northland Securities), our fiscal advisor (Ehlers & Associates), and the City's bond counsel (Briggs & Morgan) to refinance the Community Center Bonds. I will present the results for Ehlers and Northland at the meeting. The EDA, will be considering a negotiated land sale based on the approved "parameters resolution" where the EDA Board of Commissioners authorized, the City Administrator, City of Andover, Minnesota, to execute a Bond Purchase Agreement which will approve the sale of the Bonds to Northland, provided that the total net savings accomplished by the refunding is at an amount set by the EDA (minimum $800,000) and the net present value savings as a percentage of the present value of the refunded debt service of the 2004 Bonds is at an acceptable percentage (3%). As discussed at previous EDA & Council meetings the refinancing will be completed with two separate new issuances to refinance the 2004 bonds. The first sale of $10,000,000 was conducted on November 15th and yielded a savings of $755,979.44. The second sale of $6,865,000 was conducted on December 1st and yielded a savings of $517,163.49. Please refer to the attached documents that outline the December 1 st sale: Pg3 Pgs4-16 - Northland Securities Bond Purchase Agreement - Ehlers & Associates Report of the Sale of $6,865,000 Refunding Bonds, Series 2007 Partial Crossover Refunding "RESOLUTION RELATING TO $6,865,000 PUBLIC FACILITY LEASE REVENUE REFUNDING BONDS, SERIES 2006 (CITY OF ANDOVER COMMUNITY CENTER) AND AUTHORIZING THE EXECUTION AND DELIVERY OF A LEASE AGREEMENT, MEMORANDUM OF LEASE AND CONTINUING DISCLOSURE UNDERTAKING" Pgs 17 - 21 The savings on the second sale did push the total savings over the minimums set by the original parameters resolution. In the end, the long term debt service savings of the two issuances totaled $1,272,142.90. This was approximately $150,000 more than previously estimated. ACTION REQUESTED Receive a presentation on the sale and approve the attached resolution: "RESOLUTION RELATING TO $6,875,000 PUBLIC FACILITY LEASE REVENUE REFUNDING BONDS, SERIES 2007 (CITY OF ANDOVER COMMUNITY CENTER) AND AUTHORIZING THE EXECUTION AND DELIVERY OF A LEASE AGREEMENT, MEMORANDUM OF LEASE AND CONTINUING DISCLOSURE UNDERTAKING" .-- Attachments NORTHLAND'SECURITIES Honorable Economic Development Authority City of Andover,Minnesota Dear Economic Development Authority Officials: We understand that you desire to issue $6,865,000 Public Facility Lease Revenue Refunding Bonds. Accordingly, we propose as follows: We agree to purchase $6,865,.000 Public Facility Lease Revenue Refunding Bonds, Series 2.007 to be dated January 1, 2007, and to mature February 1,2015-2034. We agree to pay for the Bonds $6,802,626.50 and accrued interest to the date of settlement. The Bonds are to be payable at U. S, Bank, MilUleapolis, Minnesota, as Trustee. Interest is to be payable on August 1,2007, and semiannually thereafter. The bonds will have the following interest rates and will mature or be subject to mandatory redemption on February 1 in the years and amounts as follows: 2015 $225,000 4.00% 2.021 $290,000 4.05% 2028 $39.0,000 4.35% 2016 235,000 4,00 2.022 295,.0.0.0 4.10 2029 400,000 4.35 2.017 245,000 4..0.0 2.023 3.05,.0.00 4.10 2.030 420,00.0 4.25 2018 255,.00.0 4.0.0 '2.024 .330,00.0 \;~~;T 2.031 440,0.00 4.50 2.019 270,0.0.0 .4.00 ,,>2.025. .335,0.00 '2032 ' 455,000 4.5.0 2.02.0 275,0.00, , ;4.Q5 '::"':2026.; '."..':..355,.0.00 2.033 .48.0,0.00 4.50 "'<.2.0'1.7: ,:,.;:. 370,0.00 ':2034 495.00.0 4.50 . . ,,'- ."' ...... -.' All Bonds will be Book En~ and in multiples of $5,.00.0. The ave~e int:er~~t rate, is, 4.3.071 r. and the TIC' is 4.3628%. ' " , . '.' , Mandatorv , Redemption: This issue shall have 4 term bonds maturing February 1, 2023 (2022 through 2023 maturities), February 1,2.026 (2024 through 2026 maturities), February 1,2029 (2.027 through 2.029), and February I, 2034 (2.031 through 2.034 maturities) which will have mandatory redemptions equal to the annual principal due as stated above. Ontional RedemDtion: Bonds maturing in the years 2015 through 2034, inclusive, are callable at the option of the Issuer in whole or in part on February 1,2014, or on any date thereafter at a price of par plus accrued interest. This bid is made for prompt acceptance and subject to the approval of Briggs and Morgan (Bond Counsel) of St. Paul, Minnesota, as to the legality and regularity of all proceedings taken in the issuance of the Bonds. The Issuer agrees to pa.y the expenses for registering the Bonds and the fee of Bond Counsel, in furnishing the necessary proceedings required to authorize the issuance of the Bonds. Respectfully submitted this 1st day of December, 20.06. By: The foregoing proposal was duly accepted by the Economl Minnesota, at9 Q,.m. this 1st day of December, 2006. By: Northland Securities, Inc. 45 South 7th Street, Suite 2500, Minneapolis, MN 55402 Toll F<<< 1-800-851-2920 M.;. 612-851-5900 Fox 612-851-5987 www.nonhlandsecurities.com Member NASO and SIPC City of Andover EDA $6,865,000 Refunding Bonds, Series 2007 - Proposed Crossover Refunding of $19,580,000 Public Project Lease Revenue Bonds, Series 2004 (City of Andover Community Center) Table of Contents Report Sources & Uses Debt Service Schedule 2 Debt Service Comparison 4 Debt Service To Maturity And To Call 5 Pricing SummaI)' 6 Total Refunded Debt Service 7 'p~OOF OF GROSS D/S SAVINGS @_~47~Q~2% _______________________________________________________________~ SummaI)' Of Bonds Refunded 9 Refunding SummaI)' 10 SWS Subscription Forms 11 Crossover Escrow Fund Cashflow 11 c 06 xaver of Ser 04 $19.58 I SINGLE PURPOSE I 1113012006 I 3:06 PM Ehlers & Associates, Inc. Leaders In PubliC Finance @ - - City of Andover EDA $6,865,000 Refunding Bonds, Series 2007 - Proposed Crossover Refunding of $19,580,000 Public Project Lease Revenue Bonds, Series 2004 (City of Andover Community Center) Sources & Uses Dated 01101120071 Delivered 0110512007 Sources Of Funds Par Amount of Bonds Reoffering Premium Accrued Interest from 0110112007 to 01/05/2007 $6,865,000.00 6,276.50 3,244.25 Total Sources $6,874,520.75 Uses Of Funds Total Underwriter's Discount (1.000%) Costs of Issuance Gross Bond Insurance Premium ( 40.0 bp) Deposit to Crossover Escrow Fund Rounding Amount 68,650.00 45,140.75 49,880.96 6,710,306.87 542.17 Total Uses $6,874,520.75 06 xover of Ser 04 $19.58 I SINGLE PURPOSE 11113012006 I 3:06PM Ehlers & Associates, Inc. Leaders In Public Finance Page 1 ~ City of Andover EDA $6,865,000 Refunding Bonds, Series 2007 - Proposed Crossover Refunding of $19,580,000 Public Project Lease Revenue Bonds, Series 2004 (City of Andover Community Center) Debt Service Schedule Part 1 of 2 Date Principal Coupon Interest Total P+I Fiscal Total 01/05/2007 08/01/2007 170,323.13 170,323.13 02/01/2008 145,991.25 145,991.25 316,314.38 08/01/2008 145,991.25 145,991.25 02/01/2009 145,991.25 145,991.25 291,982.50 08/01/2009 145,991.25 145,991.25 02/01/2010 145,991.25 145,991.25 291,982.50 08/01/2010 145,991.25 145,991.25 02/01/2011 145,991.25 145,991.25 291,982.50 08/01/2011 145,991.25 145,991.25 02/01/2012 145,991.25 145,991.25 291,982.50 08/01/2012 145,991.25 145,991.25 02/01/2013 145,991.25 145,991.25 291,982.50 08/01/2013 145,991.25 145,991.25 02/01/2014 145,991.25 145,991.25 291,982.50 08/01/2014 145,991.25 145,991.25 02/01/2015 225,000.00 4.000% 145,991.25 370,991.25 516,982.50 08/01/2015 141,491.25 141,491.25 02/01/2016 235,000.00 4.000% 141,491.25 376,491.25 517,982.50 08/01/2016 136,791.25 136,791.25 02/01/2017 245,000.00 4.000% 136,791.25 381,791.25 518,582.50 08/01/2017 131,891.25 131 ,891.25 02/01/2018 255,000.00 4.000% 131,891.25 386,891.25 518,782.50 08/01/2018 126,791.25 126,791.25 02/01/2019 270,000.00 4.000% 126,791.25 396,791.25 523,582.50 08/01/2019 121,391.25 121,391.25 02/01/2020 275,000.00 4.050% 121,391.25 396,391.25 517,782.50 08/01/2020 115,822.50 115,822.50 02/01/2021 290,000.00 4.050% 115,822.50 405,822.50 521,645.00 08/01/2021 109,950.00 109,950.00 02/01/2022 295,000.00 4.100% 109,950.00 404,950.00 514,900.00 08/01/2022 103,902.50 103,902.50 02/01/2023 305,000.00 4.100% 103,902.50 408,902.50 512,805.00 08/01/2023 97,650,00 97,650:00 02/01/2024 330,000.00 4.200% 97,650.00 427,650.00 525,300.00 08/01/2024 90,720,00 90,720.00 02/01/2025 335,000.00 4,200% 90,720.00 425,720.00 516,440.00 08/01/2025 83,685,00 83,685.00 02/01/2026 355,000,00 4.200% 83,685.00 438,685.00 522,370.00 08/01/2026 76,230.00 76,230.00 02/01/2027 370,000.00 4.350% 76,230.00 446,230.00 522,460.00 08/01/2027 68,182.50 68,182.50 02/01/2028 390,000.00 4.350% 68,182.50 458,182.50 526,365.00 06xoverofSer04$19.58 I SINGLE PURPOSE [1113012006 I 3:06PM Ehlers & Associates, Inc. Leaders in PubliC Finance Page 2 ~ City of Andover EDA $6,865,000 Refunding Bonds, Series 2007 - Proposed Crossover Refunding of $19,580,000 Public Project Lease Revenue Bonds, Series 2004 (City of Andover Community Center) Debt Service Schedule Part 2 of2 Date Principal Coupon 08/0112028 02/01/2029 400,000.00 4.350% 08/01/2029 02/0112030 420,000.00 4.250% 08/0112030 02/01/2031 440,000.00 4.500% 08/0112031 02/0112032 455,000.00 4.500% 08/0112032 02/0112033 480,000.00 4.500% 08/0112033 02/0112034 495,000.00 4.500% Total $6,865,000.00 Interest 59,700.00 59,700.00 51,000.00 51,000.00 42,075.00 42,075.00 32,175,00 32,175,00 21,937.50 21,937.50 11,137.50 11,137.50 $5,605,239.38 Total P+I 59,700.00 459,700,00 51,000.00 471,000.00 42,075.00 482,075.00 32,175.00 487,175.00 21.937.50 501,937.50 11,137.50 506,137.50 $12,470,239.38 Fiscal Total 519,400.00 522,000,00 524,150.00 519,350.00 523,875.00 517,275.00 Yield Statistics Accrued Interest from 0 I/O 1/2007 to 01/0512007 Bond Year Dollars Average Life Average Coupon 3,244.25 $130,137,08 18.957 Years 4.3071807% Net Interest Cost (NIC) True Interest Cost (TIC) Bond Yield for Arbitrage Purposes All Inclusive Cost (AlC) 4.3551098% 4.3628173% 4.3409045% 4.4750422% IRS Form 8038 Net Interest Cost Weighted Average Maturity 4.2977821% 18.948 Years 06 XQver of Ser 04 $19.58 I SINGLE PURPOSE I 11130/2006 I 3:06 PM Ehlers & Associates, Inc. Leaders In PubliC Finance Page 3 fj) City of Andover EDA $6,865,000 Refunding Bonds, Series 2007 - Proposed Crossover Refunding of $19,580,000 Public Project Lease Revenue Bonds, Series 2004 (City of Andover Conununity Center) Debt Service Comparison Date 02/01/2007 02/01/2008 02/01/2009 02/01/2010 02/01/2011 02/01/2012 02/01/2013 02/01/2014 02/01/2015 02/01/2016 02/01/2017 02/01/2018 02/01/2019 02/01/2020 02/01/2021 02/01/2022 02/01/2023 02/01/2024 02/01/2025 02/01/2026 02/01/2027 02/01/2028 02/01/2029 02/01/2030 02/01/2031 02/01/2032 02/01/2033 02/01/2034 Total Total P+I Const Loan Pmt Net New D/S (542.17) 373,889.48 345,128.76 345,128.76 345,128.76 345,128.76 345,128,76 345,128.76 516,982.50 517,982.50 518,582.50 518,782.50 523,582.50 517,782.50 521,645,00 514,900.00 512,805.00 525,300.00 5t6,440.00 522,370.00 522,460.00 526,365.00 519,400,00 522,000.00 524,150.00 519,350.00 523,875.00 517,275.00 $12,846,149.87 Existing D/S 316,314.38 291,982.50 291,982.50 291,982.50 291,982.50 291,982.50 291,982.50 516,982.50 517,982.50 518,582.50 518,782.50 523,582.50 517,782.50 521.645,00 514,900,00 512,805,00 525,300,00 516,440,00 522,370,00 522,460,00 526,365,00 519,400,00 522,000.00 524,150.00 519,350.00 523,875.00 517,275.00 $12,470,239.38 (316,314.38) (291,982.50) (291,982.50) (291,982.50) (291,982.50) (291,982.50) (6,991,982.50) 373,889.48 345,128.76 345,128,76 345,128.76 345,128.76 345,128.76 7,045,128.76 (8,768,209.38) $9,144,662.04 PV Analysis Summary (Net to Net) Old Net D/S 373,889.48 345,128.76 345,128.76 345,128.76 345,128.76 345,128,76 345,128.76 545,128,76 545,128,76 544,628.76 543,628.76 547,128.76 544,878.76 546,810.00 542,972.50 543,622.50 548,503,76 542,360.00 545,460.00 547,520.00 553,540,00 543,260.00 547,460.00 550,360.00 546,960.00 547,520.00 541,780.00 $13,363,313.36 Savings 542.17 0,00 28,146.26 27,146.26 26,046.26 24,846.26 23,546.26 27,0%.26 25,165.00 28,072.50 30,817.50 23,203.76 25,920.00 23,090.00 25,060.00 27,175.00 23,860.00 25,460.00 26,210.00 27,610.00 23,645.00 24,505.00 $517,163.49 !'IetFV ~hfJo~.!l.!'~!L_________________._.._...________.________________~}ZJ~~2_ Gross PVDebt Service Savings..................... 250,416.78 Net PV CashfJow Savings @ 4,475%(AIC)............ Contingency or Rounding Amount................... Net Present Value Benefit Net PV Benefit! $6,700,000 Refunded Principal.., Net PV Benefrt / $6,865,000 Refunding Principal.. Net PV Benefit / $5,315,526.13 PV Refunded Debt Service Average Annual Cash Flow Savings...... Refunding Bond Information Refunding Dated Date Refunding Delivery Date 06 xover ofSer 04 $19.58 I SINGLE PURPOSE 11113012006 I 3:06PM 250,416.78 542.17 $250,958.95 3.746% 3.656% 4.721% 18,470.12 1/01/2007 1/05/2007 Ehlers & Associates, Inc. Leaders In PubliC Finance Page 4 @ City of Andover EDA $19,580,000 Public Project Lease Revenue Bonds, Series 2004 (City of Andover Community Center) Debt Service To Maturity And To Call Refunded Interest to Date Bonds Call D/S To Call Principal Coupon Interest Refunded D/S 02/01/2008 373,889.48 373,889.48 373,889.48 373,889.48 02101/2009 345,128.76 345,128.76 345,128.76 345,128,76 02/01/2010 345,128,76 345,128.76 345,128.76 345,128.76 02101/2011 345,128.76 345,128.76 345,128.76 345,128.76 02/01/2012 345,128.76 345,128.76 345,128.76 345,128.76 02101/2013 345,128.76 345,128.76 345,128.76 345,128.76 02/01/2014 6,700,000.00 345,128.76 7,045,128,76 345,128.76 345,128,76 02/01/2015 200,000.00 5.000% 345,128.76 545,128,76 02/01/2016 210,000,00 5.000% 335,128.76 545,128.76 02/01/2017 220,000.00 5.000% 324,628.76 544,628.76 02/01/2018 230,000.00 5.000% 313,628.76 543,628.76 02/01/2019 245,000.00 5.000% 302,128,76 547,128.76 02/01/2020 255,000.00 5.125% 289,878.76 544,878.76 02/01/2021 270,000.00 5.125% 276,810,00 546,810.00 02101/2022 280,000.00 5.125% 262,972.50 542,972.50 02101/2023 295,000.00 5.125% 248,622.50 543,622.50 02101/2024 315,000.00 5.125% 233,503.76 548,503.76 02101/2025 325,000.00 5.200% 217,360.00 542,360.00 02/01/2026 345,000.00 5.200% 200,460.00 545,460,00 02/01/2027 365,000.00 5.200% 182,520.00 547,520.00 02/01/2028 390,000.00 5.200% 163,540.00 553,540.00 02/01/2029 400,000,00 5,200% 143,260.00 543,260.00 02l0t/2030 425,000,00 5.200% 122,460.00 547,460,00 02/01/2031 450,000.00 5.200% 100,360.00 550,360.00 02/01/2032 470,000.00 5.200% 76,960.00 546,960.00 02/01/2033 495,000.00 5.200% 52,520.00 547,520.00 02/01/2034 515,000.00 5.200% 26,780.00 541,780.00 Total $6,700,000.00 $2,444,662.04 $9,144,662.04 $6,700,000.00 $6,663,313.36 $13,363,313.36 Yield Statistics Average Life 19.236 Years Weighted Average Maturity (Par Basis) 19.225 Years Average Coupon 5.1700349% Refunding Bond Information Refunding Dated Date I/O 1/2007 Refunding Delivery Date 1/05/2007 Ser 04 $19.58m Pub proj R I SINGLE PURPOSE I 1113012006 I 3:06 PM Ehlers & Associates, Inc. Leaders in Public Finance Page 5 @ City of Andover EDA $6,865,000 Refunding Bonds, Series 2007 - Proposed Crossover Refunding of $19,580,000 Public Project Lease Revenue Bonds, Series 2004 (City of Andover Community Center) Pricing Summary Maturity 02/01/2015 02/0112016 02101/2017 02/01/2018 02/0112019 02/0112020 02/01/2021 0210112023 02/0112026 02/0112029 02/0112030 02/0112034 Total Bid Information Type of Bond Serial Coupon Serial Coupon Serial Coupon Serial Coupon Serial Coupon Serial Coupon Serial Coupon Term 1 Coupon Term 2 Coupon Term 3 Coupon Serial Coupon Term 4 Coupon Par Amount of Bonds Reoffering Premium or (Discount) Gross Production Total Underwriter's Discount (1.000%) Bid (99.091%) Coupon 4.000% 4.000% 4.000% 4.000% 4.000% 4.050% 4.050% 4.100% 4.200% 4.350% 4.250% 4.500% Accrued Interest from 0 I/O 112007 to 01/05/2007 Total Purchase Price Bond Year Dollars Average Life Average Coupon Net Interest Cost (NIC) True Interest Cost (TIC) Yield 3.800% 3.850% 3.900% 3.950% 4.000% 4.050% 4.080% 4.100% 4.200% 4.320% 4.375% 4.450% 06 xaver of Ser 04 $19.58 I SINGLE PURPOSE I 1113012006 I 3:06 PM Maturity Value 225,000.00 235,000.00 245,000,00 255,000,00 270,000.00 275,000.00 290,000.00 600,000.00 1,020,000,00 1,160,000.00 420,000.00 1,870,000.00 $6,865,000.00 Price 101.227% 100.918% 100.610% 100.303% 100.000% 100.000% 99.678% 100.000% 100.000% 100.178% 98.192% 100.297% Dollar Price 227,760.75 237,157.30 246,494.50 255,772.65 270,000.00 275,000.00 289,066.20 600,000,00 1,020,000.00 1,162,064.80 412,406.40 1,875,553.90 $6,871,276.50 c c c c c c $6,865,000.00 6,276.50 $6,871,276.50 $(68,650.00) 6,802,626.50 3,244.25 $6,805,870,75 $130,137.08 18.957 Years 4.3071807% 4.3551098% 4.3628173% - Ehlers & Associates, Inc. Leaders In Public Finance Page 6 @ City of Andover EDA $19,580,000 Public Project Lease Revenue Bonds, Series 2004 (City of Andover Community Center) Total Refunded Debt Service Date Principal Coupon 'Interest Total P+I 02/0112008 373,889,48 373,889.48 02/0112009 345,128.76 345,128.76 02/0112010 345,128.76 345,128.76 02/0112011 345,128.76 345,128.76 02/0112012 345,128,76 345,128.76 02/0112013 345,128.76 345,128.76 02/01/2014 345,128.76 345,128.76 02/01/2015 200,000.00 5.000% 345,128.76 545,128.76 02/0 1/20 16 210,000.00 5.000% 335,128.76 545,128.76 02/01/2017 220,000.00 5.000% 324,628.76 544,628.76 02/01/2018 230,000.00 5.000% 313,628.76 543,628.76 02/0112019 245,000.00 5,000% 302,128.76 547,128.76 02/0112020 255,000.00 5.125% 289,878.76 544,878.76 02/0112021 270,000.00 5.125% 276,810.00 546,810.00 02/01/2022 280,000.00 5.125% 262,972.50 542,972.50 02/01/2023 295,000.00 5.125% 248,622.50 543,622.50 02/01/2024 315,000.00 5,125% 233,503.76 548,503.76 02/0112025 325,000,00 5.200% 217,360,00 542,360.00 02/0112026 345,000.00 5.200% 200,460,00 545,460.00 02/01/2027 365,000.00 5.200% 182,520.00 547,520.00 02/0112028 390,000.00 5.200% 163,540.00 553,540.00 02/0112029 400,000.00 5.200% 143,260.00 543,260.00 02/0112030 425,000.00 5.200% 122,460.00 547,460.00 02/0112031 450,000,00 5.200% 100,360.00 550,360.00 02/0112032 470,000.00 5.200% 76,960.00 546,960.00 02/01/2033 495,000.00 5,200% 52,520.00 547,520.00 02/01/2034 515,000.00 5.200% 26,780.00 541,780.00 Total $6,700,000.00 $6,663,313.36 $13,363,313.36 Yield Statistics Average Life 19.236 Years Weighted Average Maturity (par Basis) 19.225 Years Average Coupon 5.1700349% Refunding Bond Information Refunding Dated Date 1/0112007 Refunding Delivery Date 1/0512007 Ser04$19.58mPubProjR I SINGLE PURPOSE 111130120061 3:06PM Ehlers & Associates, Inc. Leaders in Public Finance Page 7 @ City of Andover EDA $6,865,000 Refunding Bonds, Series 2007 - Proposed Crossover Refunding of $19,580,000 Public Project Lease Revenue Bonds, Series 2004 (City of Andover Community Center) PROOF OF GROSS D/S SAVINGS @ 4.47504220/0 NEW GROSS OLD GROSS Present Date D/S D/S SAVINGS PV Factor Value 01/05/2007 1.0000000x 0210112014 6,872,564.38 6,872,564.38 0.00 0.7312527x 0.00 08/01/2014 145,991.25 172,564.38 26,573.13 0.7152489x 19,006.40 0210112015 370,991.25 372,564.38 1,573,13 0.6995953x 1,100.55 08/01/2015 141,491.25 167,564.38 26,073.13 0.6842843x 17,841.43 0210112016 376,491.25 377,564.38 1,073.13 0.6693084x 718.25 08/0112016 136,791.25 162,314,38 25,523.13 O,6546602x 16,708,98 02/01/2017 381,791.25 382,314.38 523.13 O,6403326x 334.98 08/0112017 131,891.25 156,814.38 24,923.13 0.6263186x 15,609.82 02/0112018 386,891.25 386,814.38 (76.87) 0.6126113x (47.09) 08101/2018 126,791.25 151,064.38 24,273,13 0.5992040x 14,544.56 02/01/2019 396,791.25 396,064.38 (726.87) 0.5860901x (426,01) 08/01/2019 121,391.25 144,939.38 23,548,13 0.5732632x 13,499.28 02/0112020 396,391.25 399,939.38 3,548.13 0.5607171x 1,989.50 08/0112020 115,822.50 138,405.00 22,582.50 0.5484455x 12,385.27 02/0112021 405,822.50 408,405.00 2,582.50 0.5364425x 1,385.36 08/0112021 109,950.00 131,486.25 21,536.25 0.5247021x 11,300.12 02/0112022 404,950.00 411,486.25 6,536.25 0.5132188x 3,354.53 08/0112022 103,902.50 124,311.25 20,408.75 0.5019867x 10,244.92 02/0112023 408,902.50 419,311.25 10,408.75 0.4910005x 5,110,70 08/0112023 97,650.00 116,751.88 19,101.88 O,4802547x 9,173.77 0210112024 427,650.00 431,751.88 4,101.88 0.4697440x 1,926.83 08/0112024 90,720.00 108,680.00 17,960.00 0.4594634x 8,251.96 0210112025 425,720.00 433,680.00 7,960.00 O,4494079x 3,577.29 08/0112025 83,685.00 100,230.00 16,545.00 0.4395723x 7,272.72 0210112026 438,685,00 445,230,00 6,545.00 0.4299521x 2,814.04 0810112026 76,230.00 91,260.00 15,030.00 0.4205423x 6,320.75 02/01/2027 446,230.00 456,260.00 10,030.00 0.4113385x 4,125.73 08/01/2027 68,182.50 81,770.00 13,587.50 0.4023362x 5,466.74 02/0112028 458,182.50 471,770.00 13,587.50 0.3935309x 5,347.10 08/01/2028 59,700.00 71,630.00 11,930,00 0.3849182x 4,592.07 02/01/2029 459,700.00 471,630.00 11,930.00 0.3764941x 4,491.57 0810112029 51,000.00 61,230.00 10,230.00 0.3682543x 3,767.24 02/0112030 471,000.00 486,230.00 15,230.00 0.3601949x 5,485.77 08/0112030 42,075.00 50,180.00 8,105,00 0.3523118x 2,855.49 02/0112031 482,075.00 500,180.00 18,105.00 0.3446013x 6,239,01 08/0112031 32,175.00 38,480.00 6,305.00 0.3370595x 2,125.16 02/01/2032 487,175.00 508,480.00 21,305.00 0.3296828x 7,023.89 08/0112032 21,937.50 26,260.00 4,322.50 0.3224675x 1,393.87 02101/2033 501,937.50 521,260.00 19,322.50 0.3154102x 6,094.51 08/0112033 11,137.50 13,390.00 2,252.50 0.3085072x 694.91 02/0112034 506,137.50 528,390,00 22,252.50 0.3017554x 6,714.81 Total $17,274,594.38 $17,791,215.70 $516,621.32 $250,416.78 06 xover of Ser 04 $19.58 I SJNGLEPURPOSE 11113012006 I 3:06PM City of Andover EDA $6,865,000 Refunding Bonds, Series 2007 - Proposed Crossover Refunding of $19,580,000 Public Project Lease Revenue Bonds, Series 2004 (City of Andover Community Center) Summary Of Bonds Refunded of Maturity Issue Maturity Type Bond Coupon Value Call Date Call Price Dated 110112007 I Delivered 1/0112007 Ser 04 $19.58m Pub Proj Rev Bds B 02/0112015 Serial Coupon 5.000% 200,000 0210112014 100.000% Ser 04 $19.58m Pub Proj Rev Bds B 02/0112016 Serial Coupon 5.000% 210,000 02/01/2014 100.000% Ser 04 $19.58m Pub Proj Rev Bds B 02/0112017 Serial Coupon 5.000% 220,000 02/0112014 100.000% Ser 04 $19.58m Pub Proj Rev Bds B 02/01/2018 Serial Coupon 5.000% 230,000 02/0112014 100.000% Ser 04 $19.58m Pub Proj Rev Bds B 02/01/2019 Serial Coupon 5,000% 245,000 0210112014 100.000% Ser 04 $19.58m Pub Proj Rev Bds B 02/01/2020 Serial Coupon 5,125% 255,000 0210112014 100.000% Ser 04 $19.58m Pub Proj Rev Bds B 02/0112021 Serial Coupon 5.125% 270,000 0210112014 100.000% Ser 04 $19.58m Pub Proj Rev Bds B 02/01/2022 Serial Coupon 5.125% 280,000 02101/2014 100.000% Ser 04 $19.58m Pub Proj Rev Bds B 02/0112023 Serial Coupon 5.125% 295,000 02/01/2014 100,000% Ser 04 $19.58m Pub Proj Rev Bds B 02/01/2024 Serial Coupon 5.125% 315,000 02/01/2014 100.000% Ser 04 $19.58m Pub Proj Rev Bds B 02/0112025 Serial Coupon 5.200% 325,000 02/01/2014 100.000% Ser 04 $19.58m Pub Proj Rev Bds B 02/01/2026 Serial Coupon 5.200% 345,000 0210112014 100,000% Ser 04 $19.58m Pub Proj Rev Bds B 02101/2027 Serial Coupon 5.200% 365,000 02101/2014 100.000% Ser04 $19.58m PubProj Rev Bds B 02101/2028 Serial Coupon 5.200% 390,000 02/0112014 100.000% Ser 04 $19.58m Pub Proj Rev Bds B 02/01/2029 Serial Coupon 5,200% 400,000 0210112014 100.000% Ser 04 $19.58m Pub Proj Rev Bds B 02/01/2030 Serial Coupon 5.200% 425,000 0210112014 100.000% Ser 04 $19.58m Pub Proj Rev Bds B 02101/2031 Serial Coupon 5.200% 450,000 02101/2014 100.000% Ser 04 $19.58m Pub Proj Rev Bds B 02/01/2032 Serial Coupon 5.200% 470,000 02101/2014 100.000% Ser 04 $19.58m Pub Proj Rev Bds B 02/0112033 Serial Coupon 5.200% 495,000 02101/2014 100,000% Ser 04 $19.58m Pub Proj Rev Bds B 02/01/2034 Serial Coupon 5.200% 515,000 02/01/2014 100.000% Subtotal $6,700,000 Total $6,700,000 06 xaver of Ser 04 $19.58 I SINGLE PURPOSE I 1113012006 I 3:06 PM Ehlers & Associates, Inc. Leaders In Public Finance Page 9 @ City of Andover EDA $6,865,000 Refunding Bonds, Series 2007 - Proposed Crossover Refunding of $19,580,000 Public Project Lease Revenue Bonds, Series 2004 (City of Andover Community Center) Refunding Summary Dated 01/01/2007 I Delivered 01/05/2007 Sources Of Funds Par Amount of Bonds Reoffering Premium Accrued Interest from 0110112007 to 0110512007 $6,865,000.00 6,276.50 3,244.25 Total Sources $6,874,520.75 Uses Of Funds Total Underwritets Discount (1.000%) Costs ofIssuance Gross Bond Insurance Premium ( 40.0 bp) Deposit to Crossover Escrow Fund Rounding Amount 68,650.00 45,140.75 49,880.96 6,710,306.87 542,17 Total Uses $6,874,520.75 Flow of Funds Detail State and Local Government Series (SLGS) rates for Date of OMP Candidates 11130/2006 Crossover Escrow Fund Solntion Method Total Cost ofInvesttnents -~--- - --------------------------------- - Interest Earnings @4.340% Total Draws Net Funded ______~Z!0,306.~ 2,057,902.51 $8,768,209.38 Issues Refunded And Call Dates Ser 04 $19.58m Pub Proj Rev Bds B 2/0112014 PV Analysis Summary (Net to Net) Net PV Cashf10w Savings @ 4.475%(AlC) Contingency or Rounding Amount Net Present Value Benefit 250,416.78 542,17 $250,958.95 NetPy' Benefit/ $6,700.000 Refunded Princ~~___________________________________ 3.746% Net PV Benefit / $6,865,000 Refunding Principal 3.656% Bond Statistics Average Life Average Coupon 18.957 Years 4.3071807% Net Interest Cost (NIC) Bond Yield for Arbitrage Pnrposes True Interest Cost (TIC) All Inclnsive Cost (AlC) 06 xover of Ser 04 $19.58 J SINGLE PURPOSE 11113012006 I 3:06PM 4.3551098% 4.3409045% 4.3628173% 4.4750422% Ehlers & Associates, Inc. Leaders In Public Finance Page 10 @ PD F 4144-2 Department of the Treasury Bureau of the Public Debt (Revised July 1999) DMS No. 153&-0092 STATE AND LOCAL GOVERNMENT SERIES TIME DEPOSIT The Untted states Treasury Securities - State and Local Govemement Series subscribed for on PO F 4144 and account informatior furnished on PO F 4144-1 to which this schedule is attached and incorporated, are requested to be issued and held in book-enlrj accounts on the books of the Department of the Treasury. PRINCIPAL INTEREST ISSUE MAnJRITY ARST INTEREST" AMOUNT RATE DATE DATE PAYMENT DATE (MMDDYY) (MMDDYY) (MMDDYY) 3,509 0% 110512007 8/0112007 1,045 0% 110512007 2/0112008 8/0112007 1,046 0% 1/05/2007 2/01/2009 8/0112007 1,046 0% 1/0512007 2/01/2010 8/01/2007 1,046 0% 1/0512007 2/01/2011 8101/2007 1,046 0% 1/0512007 2/01/2012 8/0112007 1,046 0% 1/0512007 2/01/2013 8/0112007 6,700,522 4.342% 1/0512007 2/01/2014 8/0112007 , . , "'A first interest payment date must be specified for interest bearing securities with a maturity date greater than one year. Taxpayer Identification Number: Name of State or Local Government Body: @ -~ City of Andover EDA $6,865,000 Refunding Bonds, Series 2007 - Proposed Crossover Refunding of $19,580,000 Public Project Lease Revenue Bonds, Series 2004 (City of Andover Community Center) Crossover Escrow Fund Cashflow Date Principal 01/0512007 08/0 1/2007 3,509.00 02/01/2008 1,045.00 08/0112008 0210112009 1,046,00 08/01/2009 02/0112010 1,046.00 08/01/2010 02/01/2011 1,046.00 08/01/2011 02/01/2012 1,046.00 08/01/2012 02/0112013 1,046.00 08/0112013 02/0112014 6,700,522.00 Total $6,710,306.00 Rate Interest Receipts Disbursements Cash Balance 0.87 0.87 166,814.22 170,323,22 170,323.13 0.96 145,468.33 146,513.33 145,991.25 523.04 145,468.33 145,468.33 145,991.25 0.12 145,468.33 146,514.33 145,991.25 523.20 145,468.33 145,468.33 145,991.25 0.28 145,468.33 146,514.33 145,991.25 523.36 145,468.33 145,468.33 145,991.25 0.44 145,468.33 146,514.33 145,991.25 523.52 145,468.33 145,468.33 145,991.25 0.60 145,468.33 146,514.33 145,991.25 523.68 145,468.33 145,468.33 145,991.25 0.76 145,468.33 146,514.33 145,991.25 523.84 145,468.33 145,468.33 145,991.25 0.92 145,468.33 6,845,990.33 6,845,991.25 $2,057,902.51 $8,768,209.38 $8,768,209.38 4.342% Investment Parameters Investment Model [pV, GIC, or Securities] Default inve_ent yield target Securities Bond Yield Cash Deposit Cost oflnve_ents Purchased with Bond Proceeds Total Cost of Inve_ents 0.87 6,710,306.00 $6,710,306.87 Target Cost of Investments at bond yield Actual positive or (negative) arbitrage $6,709,801.69 (505.18) Yield to Receipt Yield for Arbitrage Purposes 4.3397979% 4.3409045% Stale and Local Government Series (SLGS) rates for 11/3012006 06 XQver of Ser 04 $19.58 I SINGLE PURPOSE I 1113012006 I 3:06 PM Ehlers & Associates, Inc. Leaders in PubliC Finance Page 11 @ EXTRACT OF MINUTES OF A MEETING CITY COUNCIL OF THE CITY OF ANDOVER, MINNESOTA HELD: December 5, 2006 Pursuant to due call and notice thereof, a regular or special meeting of the City Council of the City of Andover, Minnesota was duly called and held at the City Hall in the City of Andover, Minnesota, on December 5, 2006 at o'clock P.M. The following members were present: and the following were absent: Member introduced the following resolution and moved its adoption: RESOLUTION RELATING TO $6,865,000 PUBLIC FACILITY LEASE REVENUE REFUNDING BONDS, SERIES 2007 (CITY OF ANDOVER COMMUNITY CENTER) AND AUTHORIZING THE EXECUTION AND DELIVERY OF A FIRST AMENDMENT TO LEASE AGREEMENT, MEMORANDUM OF LEASE AND CONTINUING DISCLOSURE UNDERTAKING WHEREAS, the City of Andover, Minnesota (the "City"), is authorized, pursuant to Minnesota Statutes, Section 465.71, to enter into lease purchase agreements; and WHEREAS, the Economic Development Authority of the City of Andover, Minnesota, a body corporate and politic (the "Authority"), has previously financed the acquisition and betterment of a community center (the "Project"), which is an authorized project under Minnesota Statutes, Section 469.012, Subdivision 1, clause 15, and is being used by the City, by the issuance of the Authority's $19,580,000 original principal amount of Public Facility Lease Revenue Bonds, Series 2004 (City of Andover Community Center), dated May 4, 2004 (the "2004 Bonds"), issued pursuant to a Mortgage and Security Agreement and Indenture of Trust between the Authority and U.S. Bank National Association, St. Paul, Minnesota, as Trustee (the "Trustee"), dated as of May 1, 2004; and WHEREAS, by means of a crossover refunding, the Authority has previously refunded $9,755,000 aggregate principal amount of the February 1,2015 and later maturities of the 2004 Bonds, by the issuance of its $10,000,000 Public Facility Lease Revenue Refunding Bonds, Series 2006 (City of Andover Community Center), dated December 1,2006 (the "2006 Bonds"); the Authority and the Trustee entered into a Mortgage and Security Agreement and Indenture of Trust (the "Indenture"), the Authority and the City entered into a Lease Agreement (the "Lease") and the Authority and U.S. Bank National Association, in St. Paul, Minnesota (the "Escrow Agent") entered into an Escrow Agreement, each dated December 1, 2006, with respect to the issuance of the 2006 Bonds; and WHEREAS, the Authority now proposes to refund the remaining outstanding portion of the February 1, 2015 and later maturities, aggregating $6,700,000 in principal amount, of the 1970162vl @ 2004 Bonds (the "Prior Bonds"), on February 1,2014, by means ofa crossover refunding (the "Refunding") and to provide funds for the Refunding, the Authority proposes to issue its $6,865,000 Public Facility Lease Revenue Refunding Bonds, Series 2007 (City of Andover Community Center), to be dated January 1,2007 (the "Bonds"), pursuant to a First Supplemental Indenture and Amendment to Mortgage between the Authority and the Trustee, to be dated as of January 1,2007 (the "Supplemental Indenture"); and WHEREAS, the Bonds will be secured by a pledge and assignment of certain rights of the Authority under the Lease and a First Amendment to Lease Agreement, to be entered into between the Authority and the City, to be dated as of January 1,2007 (the "Amendment to Lease") and will also be secured by the revenues to be derived by the Authority from the Project and pursuant to the Indenture and the Supplemental Indenture, the Authority grants to the Trustee a mortgage interest in the Project with certain reservations; and WHEREAS, the Authority the Escrow Agent will enter into an Escrow Agreement, to be dated January 1,2007 (the "Escrow Agreement"), pursuant to which an Escrow Account will be established to pay when due the interest to accrue on the Bonds to and including February 1, 2014, and to pay when called for redemption on February 1,2014, $6,700,000 of the principal amount of the Prior Bonds; and WHEREAS, in order to carry out the Refunding, (1) the Authority will continue to lease the Project to the City pursuant to the Lease and the Amendment to Lease and (2) the City will continue to lease the Project to the Authority pursuant to the original Ground Lease Agreement, dated as of May 1,2004; and WHEREAS, with respect to the Bonds, as long as the Lease remains in effect, the City is an obligated person under the provisions of Rule 15c2-12 (the "Rule") promulgated by the Securities and Exchange Commission pursuant to the Securities and Exchange Act of 1934, as amended, and is therefore subject to continuing disclosure requirements under the Rule; and accordingly, the City will enter into a Continuing Disclosure Agreement (the "Continuing Disclosure Agreement") with the Trustee; NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Andover, Minnesota, as follows: 1. Authorization of Bonds: Documents Presented. The Bonds shall be dated, be in the principal amounts, mature, be subject to redemption and bear interest as prescribed by the Indenture and the Supplemental Indenture. Forms of the following documents (collectively, the "Bond Documents") relating to the Bonds and the Refunding have been submitted to the City Council and are now on file in the office of the Clerk: (a) Lease and the Amendment to Lease; (b) Memorandum of Lease; and (c) Continuing Disclosure Undertaking. 1970162vl 2 @ 2. Approval and Execution of Bond Documents. The Mayor and the Clerk are hereby authorized and directed to execute, and deliver, on behalf of the City the Bond Documents in substantially the forms on file with the Clerk. All of the provisions of the Bond Documents when executed and delivered as authorized herein shall be deemed to be a part of this resolution as fully and to the same extent as if incorporated herein and shall be in full force and effect from the date of execution and delivery thereof. 3. Approval of Indenture and the Supplemental Indenture. The City hereby approves the Indenture and the Supplemental Indenture and the Bonds described therein and the Escrow Agreement (collectively the "Related Documents") in substantially the forms submitted to the City. 4. Continuing Disclosure. The City is the sole obligated person with respect to the Bonds. The City hereby agrees, in accordance with the provisions of Rule l5c2-12 (the "Rule"), promulgated by the Securities and Exchange Commission (the "Commission") pursuant to the Securities Exchange Act of 1934, as amended, and the Continuing Disclosure Agreement to: (a) provide or cause to be provided to the Trustee, as Dissemination Agent, to each nationally recognized municipal securities information repository ("NRMSIR") and to the appropriate state information depository ("SID"), if any, for the State of Minnesota, in each case as designated by the Commission in accordance with the Rule, certain annual fmancial information and operating data in accordance with the Continuing Disclosure Agreement. (b) Provide or cause to be provided to the Trustee, as Dissemination Agent, in a timely manner, to (i) each NRMSIR or to the Municipal Securities Rulemaking Board ("MSRB") and (ii) the SID, notice of the occurrence of certain material events with respect to the Bonds in accordance with the Continuing Disclosure Undertaking. (c) Provide or cause to be provided to the Trustee, as Dissemination Agent, in a timely manner, to (i) each NRMSIR or to the MSRB and (ii) the SID, notice of a failure by the City to provide the annual fmancial information with respect to the City described in the Continuing Disclosure Agreement. (d) The City agrees that its covenants pursuant to the Rule set forth in this paragraph and in the Continuing Disclosure Agreement are intended to be for the benefit of the holders and any other beneficial owners of the Bonds and shall be enforceable on behalf of such holders and beneficial owners; provided that the right to enforce the provisions of these covenants shall be limited to a right to obtain specific enforcement of the City's obligations under the covenants. The Mayor and Clerk (the "Authorized Officers"), or any other officer of the City authorized to act in their place are hereby authorized and directed to execute on behalf of the City the Continuing Disclosure Agreement in substantially the form on file with the Clerk, subject to such modifications thereof or additions thereto as are (i) consistent with the requirements under the Rule, (ii) required by the Purchaser and (iii) acceptable to the Authorized Officers. 5. Furnishing of Certificates and Proceedings. The Mayor and Clerk and other officers of the City are authorized and directed to prepare and furnish to the Purchaser and Bond Counsel, certified copies of all proceedings and records of the City relating to the Bonds, and 1970162vl 3 e - such other affidavits and certificates as may be required to show the facts relating to the legality of the Bonds as such facts appear from the books and records in the officers' custody and control or as otherwise known to them; and all such certified copies, certificates and affidavits, including any heretofore furnished, shall constitute representations of the City as to the truth of all statements contained therein. 6. Modifications to Documents. The approval hereby given to the various Bond Documents and Related Documents referred to above includes approval of such additional details therein as may be necessary and appropriate and such modifications thereof, deletions therefrom and additions thereto as may be necessary and appropriate and approved by the City Attorney and the City officials authorized herein to execute said documents. Said City officials are hereby authorized to approve said changes on behalf of the City. The execution of any instrument by the appropriate officer or officers of the City herein authorized shall be conclusive evidence of the approval of such documents in accordance with the terms hereof. In the absence of the Mayor or Clerk, any of the documents authorized by this resolution to be executed on behalf of the City may be executed by the Acting Mayor or the Acting Clerk respectively. The motion for the adoption of the foregoing resolution was duly seconded by member , and upon vote being taken thereon the following voted in favor thereof: and the following voted against the same: whereupon the resolution was declared duly passed and adopted. 1970162vl 4 @ STATE OF MINNESOTA ) COUNTYOFANOKA )SS CITY OF ANDOVER ) I, the undersigned, being the duly qualified and acting Clerk of the City of Andover, Minnesota, hereby certify that I have carefully compared and attached the foregoing extract of minutes of a meeting of the City Council held on the date hereof, with the original thereof on file and of record in my office and the same is a full, true and complete transcript therefrom insofar as the same relates to the execution of a First Amendment to Lease Agreement, a Memorandum of Lease and a Continuing Disclosure Undertaking. WITNESS my hand on December 5, 2006. Clerk 1970162vl 5 @Y @ 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304. (763) 755-5100 FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US TO: CC: FROM: Todd Haas, Parks Coordinator SUBJECT: Consider Guidelines for Field Usage by Youth Athletic Associations - Engineering DATE: December 5, 2006 INTRODUCTION This item is in regard to considering the proposed Guidelines for Field Usage by Youth Athletic Associations as recommended by the Park & Recreation Commission. DISCUSSION As you know, the Park Commission has been discussing this item since April of 2006. The Commission has held many workshops with the various youth associations and organizations since April including a special joint meeting with the City Council in September to introduce the idea of having guidelines. Attached is the current version of the guidelines that have been recommended by the Park Commission for review. Dan Masloski, Chair of the Park Commission, will be at the meeting to present this item and answer any questions that you may have. ACTION REQUIRED The City Council is requested to consider approval of the Guidelines for Field Usage by Youth Athletic Associations as recommended by the Park and Recreation Commission. Respectfully submitted, ~~ / Attachments: Guidelines for Field Usage by Youth Athletic Associations cc: Dan Masloski, Park & Recreation Chair [Q)!fJ#J~r 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304. (763) 755-5100 FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US Guidelines for Field Usage by Youth Athletic Associations 1. Guideline Statement A key goal of the City of Andover's Parks & Recreation Commission's function is to provide a rich variety of recreational opportunities to residents in the most cost efficient manner possible. To achieve this goal, the City will emphasize a partnership with Andover's volunteer organizations to plan, organize, and implement youth recreational programs both as a means of containing service costs and as a method of ensuring a community-based program. 2. Procedures The City may recognize any number of associations based on the availability of resources and determination of the benefit to the community by the Parks & Recreation Commission. To qualifY as a recognized City of Andover youth athletic association, the association must provide: 2.1.1. Unless specified by sanctioning or governing bodies, youth sports program(s) must be open to all residents(regardless of their school affiliation). The programs shall be targeted to have a minimum of 51 % participation from Andover residents. 2.1.2. Democratic procedures and elections that ensure input from the residents regarding the program and policies. The Parks Coordinator shall be provided a copy of the group's by-laws with the required field application. 2.1.3. All associations must provide verification that they have 501 C3 or equivalent non-profit status with the State of Minnesota. 2.1.4. Certificate of insurance, which also names the City of Andover as "Additional Insured". 2.1.5. Established grievance procedures, as outlined by association by-laws. 2.1.6. Duplication of sport offering by associations is not encouraged. Example: If more than one recognized association offers the same level of competitiveness, this shall trigger the field allocation clause. The number of G:ISTAFF\RHONDMIPARK\Clean copy of Youth Athletic Associations Policy.doc ~ [Q)ml~~r Andover residents within each of the associations will determine the percentage of fields that will be allocated to the particular association. 2.2. In return, qualifying associations will receive from the City; priority use of City- owned facilities along with other established priority users. This means that all required information/documentation must be provided by the association to the City of Andover before an application submitted by that association can be accepted for use of the City's facilities. Note: The Park and ~ecreation Commission has the authority to review the number of fields that are being requested by the association. The final determination will be made by the Park and Recreation Commission based on need for the association. Acknowledgment of the groups as providers of their respective sport offerings. As part of this, the City does not offer programs in these areas, but refers resident to these organizations. 2.3. Youth athletic associations are valued partners to the City in providing organized recreational opportunities. Consequently, serious conflicts arising within or between associations and resident groups that threaten the quality of those recreational opportunities are of concern to the City. 2.4. Barring a legal imperative to the contrary, the City's role in resolving such conflicts is limited to encouraging the association board and party in conflict to work through the problem, according to existing by-laws, with staff representatives providing facilitation and information, as needed. 3. Responsibility The Parks Coordinator or a city representative will work with the various atWetic associations to ensure the responsibilities are being met. Staff through the grievance procedure addresses concerns from the general public. G:ISTAFF\RHONDMIPARK\Clean copy of Youth Athletic Associations Policy.doc cr0 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (763) 755-5100 FAX (763) 755-8923 . WWW.CJ.ANDOVER.MN.US TO: Mayor and Council Members CC: Jim Dickinson, City Administrator David D. Berkowitz, City Engineer FROM: Todd Haas, Parks Coordinator SUBJECT: Update on Cell Phone Towers in Public Parks - Planning/Engineering DATE: December 5,2006 INTRODUCTION This item is to update the City Council on cell phone towers in public parks. DISCUSSION As you know, there has been some interest by cell phone companies to construct additional towers to provide better customer service and the City of Andover is one location where they would like to install them. One location _that has been discussed is placing them in City owned park property. By installing them in the parks, the City could generate dollars, which could help develop or redevelop the park system. The City Attorney in a recent conversation with the City Planning staff explained his view on telecom antennas in public park land that can be summarized as follows: If a piece of land has been dedicated to park use through a subdivision or plat, the City would have a difficult time placing cell phone equipment or any above-ground utility structure in the park because the land was dedicated for "park use" only. Telecom and utility structures are not park uses. This changes, however, if the City has purchased parkland or acquired the parkland as a tax forfeited property. For example, the park located on Tulip Street NW just north of 161st Avenue NW was taken as tax forfeited property and then dedicated as park as a deed restriction. The park is located outside the current MUSA but the problem with this park is that the parcel does not meet the minimum requirement of 10 acres in size by city code and also does not meet the 500-foot spacing requirement from existing residential dwelling unit. Attached is the section of the City Code that regulates antennas and towers in Andover. There are two sections of this chapter that may influence tower placement in public parks. Section 9-12-5 states that towers with antennas may be placed in City park sites greater than ten acres in size located outside of the MUSA if the Park Commission determines that the tower is compatible with the nature of the park. The other section (9-12-8) requires that towers shall be placed a minimum of 500 feet from any existing residential dwelling units and at least a half-mile from each other. Mayor and Council Members December 5, 2006 Page 2 012 Through research of all other City parks that are located outside of the MUSA and meet the 10-acre requirement, it appears that only two parks meet this requirement (Birch Ridge and Kelsey Round Lake). Birch Ridge Park is located on 181st Avenue NW just to the east of Hanson Boulevard. The park for the most part is wooded wetlands. The south central part of the park may have the potential for a cell phone tower, but access would be difficult due to the existing wetlands. As far as Kelsey Round Lake Park, some of the land was dedicated as park as part of a plat and the other portions were acquired as part of a LA WCON grant. LA WCON parks have restrictions. After discussing this further with Audrey Mularie of the MnDNR, cell phone towers would not be permissible in this park, as they are not considered park uses. So at this point there is only one park that may meet the City Code requirement. If the City Council would like to explore the possibility of allowing cell towers in parks with less than 10 acres or reducing the setback from a dwelling unit of less than 500 feet and/or allow them within the MUSA, the City Code would need to be amended. Note: This information was presented to the Park Commission last month. ACTION REQUIRED As determined by the City Council. Respectfully submitted, t:r~~ Cc: Dan Masloski, Chair of the Park and Recreation Commission Attachments: City Code 9 Chapter 12 text./ SECTION: 9-12-1 : 9-12-2: 9-12- 3: 9-12-4: 9-12- 5: 9-12- 6: 9-12- 7: 9-12- 8: 9-12- 9: 9-12-10: 9-12-11: 9-12-12: 9-12-13: 9-12-14: 9-12-15: CHAPTER 12 ANTENNAS AND TOWERS Purpose Definitions Permit And Lease Agreement Required Height Requirements. Zoning District Regulations Co-location Requirements Design Requirements Setbacks General Requirements Nonconforming Antennas And Towers Interference With Public Safety Telecommunications Prohibited Damaged Or Destroyed Antennas And Towers Abandoned Antennas And Towers Variances Violation; Penalties 9-12-1: PURPOSE: In order to accommodate the communication needs of residents and businesses while protecting the public health, safety, and general welfare of the community, the City Council finds that these regulations are necessary in order to: A. Facilitate the provision of commercial wireless telecommunication services to the residents and businesses of the city; , B. Minimize adverse effects of towers through careful design and siting standards in order to lessen the aesthetic impact on surrounding properties; C. Avoid potential damage to adjacent properties from tower failure through structural standards and setback requirements; and D. . Maximize the use of existing and approved towers and buildings to accommodate new commercial wireless telecommunication antennas in order to reduce the number of towers needed to serve the community. (Ord. 270,12-5-2000) 9-12-2: DEFINITIONS: The following words and terms shall have the following meanings when used in this chapter: ANTENNA: Antenna, Public Utility Microwave: Antenna, Radio And Television, Broadcasting Transmitting: Antenna, Radio And Television Receiving: Antenna, Satellite Dish: Ante nna, Short Wave Radio Transmitting And Receiving: That portion of any equipment located on the exterior or outside of any structure and used for transmitting or receiving radio, telephone and television signals. "Antenna", as defined in this chapter (unless otherwise noted), pertains to all of the following antennas: A parabolic dish or cornucopia shaped electromagnetically reflective or cond uctive element used for the transmission and/or reception of point to point UHF or VHF radio waves in wireless telephone communications, and including the supporting structure thereof. A wire, set of wires, metal or carbon fiber rod or other electromagnetic element used to transmit public or commercial broadcast radio or television programming, and including the support structure thereof. A wire, set of wires, metal or carbon fiber elements, other than satellite dish antennas, used to receive radio, television, or electromagnetic waves, and including the supporting structure thereof. A device incorporating a reflective surface that is solid, open mesh, or bar configured and is in the shape of a shallow dish, cone, horn, or cornucopia. Such device shall be used to transmit and/or receive radio or electromagnetic waves between terrestrially and/or orbitally based uses. This definition is meant to include, but not be limited to, commercial satellite earth stations, TYROs (television, receive only), and satellite microwave antennas, but does not include personal TYRO satellite reception receivers. A wire, set of wires or a device, consisting of a metal, carbon fiber, or other electromagnetically conductive element, used for the transmission and reception of radio waves used for short wave radio communications, and including the supporting structure thereof. Antenna, Telecommunications: A device consisting of a metal, carbon fiber, or other electromagnetically conductive rod or element, usually arranged in a circular array on a sing Ie supporting pole or other structure, and is used for the transmission and reception of radio waves in digital, analog or other wireless or personal communication services (Le., cellular, paging, internet, etc.). CO-LOCATION: The placement of wireless telecommunication antennas by two (2) or more service providers on a tower, building , or structure. COMMERCIAL WIRELESS TELECOMMUNICATION SERVICES: Licensed commercial wireless telecommunication services including cellular, personal communication services (PCS), specialized mobilized radio (SMR), enhanced specialized mobilized radio (ESMR), paging, and similar services that are marketed to the general public. FEDERAL COMMUNICATIONS COMMISSION: The federal administrative agency, or lawful successor, authorized to regulate and oversee telecommunications carriers, services and providers on a national level. GUYED TOWER: '. A tower that is supported, in whole or in part, by wires and. ground anchors. LATTICE OR SELF-SUPPORTED TOWER: A tower erected on the ground that consists of metal crossed strips or bars to support antennas and related equipment. MAST: That portion of the outside antenna system to which the antenna is attached, and the support of extension is required to elevate the ante nna to a height deemed necessary for adequate operation. MONOPOLE TOWER: PRIVATE PROPERTY: PUBLIC PROPERTY: PUBLIC UTILITY: SERVICE PROVIDER: TOWER: TOWER, MUL T!-USER: TOWER, SINGLE USER: A single, self-supporting pole type tower, tapering from the base to the top and supporting a fixture designed to hold one or more antennas. Land that is not "public property" as defined in this section. Land owned or operated by a government entity. Persons, corporations, or governments supplying gas, electric, transportation, water, or landline telephone services to the general public. For the purposes of this chapter, wireless telecommunication service facilities shalt not be considered public utility uses and are defined separately. Any individual or entity that provides wireless telecommunication services. Any pole, spire, or structure (excluding structures required for the transmission of electric energy), or any combination, to which any antenna could be attached, or which is designed for any antenna to be attached, and all supporting lines, cables, wires and braces. A tower to which is attached the antennas of more than one commercial wireless telecommunication service provider or governmental entity. A tower to which is attached ony the antennas of a single user, although the tower may be designed to accommodate the antennas of multiple use!"$ as required in this chapter. (Ord. 270,12-5-2000) 9-12-3: PERMIT AND LEASE AGREEMENT REQUIRED: No antenna or tower in excess of thirty five feet (35') in height from ground level shall be erected, constructed, or placed, or re-erected, reconstructed or replaced on private or public property without first receiving a Conditional Use Permit and obtaining the necessary building permit approvals from the city. The city shall require a lease agreement for any antennas and towers erected, constructed, placed, re-erected, reconstructed or replaced on city owned public property. Application for a Conditional Use Permit shall be made to the Planning and Zoning Department in the same manner, and containing the same information, as pursuant to the Conditional Use Permit process as stated in the city zoning ordinance1. (Ord. 270, 12-5-2000) 9-124: HEIGHT REQUIREMENTS: A. If no existing structure meets the height requirements for antennas to be placed, the antennas may be mounted on a pole or monopole not to exceed one hundred fifty feet (150') in height in industrially zoned districts; not to exceed one hundred feet (1 OO') in height in residentially zoned districts; and not to exceed one hundred twenty feet (120') in height in commercially zoned districts. Antennas (including the mast) may be mounted on a building or structure provided that the antennas do not extend over fifteen feet (15') above the highest portion of the roof. of the building or structure. B. Multi-user towers may exceed the height requirements as stated above by up to an additional twenty feet (20'); provided, that the minimum number of additional users, as required and stated in Section 9-12-6 of this chapter, have co-located their antennas on the monopole structure. A tower extension requires an Amended Conditional Use Permit as stated in the city zoning ordinance 1. (Ord. 270, 12-5-2000) 9-12-5: ZONING DISTRICT REGULATIONS: A. Residential Zoning Districts: 1. Towers supporting antennas and conforming to all applicable provisions of this chapter shall be allowed only in the following residentially zoned locations: (Ord. 270,12-5-2000; amd. 2003 Code) a. Church sites, when camouflaged; .::tr b. City park sites greater than ten (10) acres in size located outside of the Metropolitan Urban Service Area (MUSA), when the Park and Recreation Commission determines that the tower is compatible with the nature of the park; c. City water towers; d. Utility and transmission structures located in public rights~f-way; and e. Schools and public buildings when camouflaged. 1 See section 12-15-6 of this code. 2. Only one tower shall exist on anyone residentially zoned parcel of land. B. Commercial And Industrial Districts: 1. Towers supporting antennas and conforming to all applicable provisions of this chapter shall be allowed only in the following commercially and industrially zoned locations: a. Industrial I zoned parcels of land when the appearance is consistent with the surrounding area and is compatible with the use; , b. Commercially zoned parcels (Shopping Center SCand General Business GB) parcels of land when the appearance is consistent with the surrounding area and is compatible with the use; and c. Utility and transmission structures located in public rights-of-way when attached thereto. 2. Only one tower shall exist on anyone industrially or commercially zoned parcel of land. (Ord. 270,12-5-2000) 9-12-6: COLOCATION REQUIREMENTS: All telecommunication towers erected, constructed, or located within the city shall comply with the following requirements: A. A proposal for a new telecommunication service tower shall not be approved unless the City Council finds that the telecommunications equipment planned for the proposed tower cannot be accommodated on an existing approved tower or building due to one or more of the following reasons: 1. The planned equipment would exceed the structural capacity of the existing or approved tOV1.er or building, as documented by a qualified and licensed structural engineer, and the existing or approved tower cannot be reinforced, modified, or replaced to accommodate planned or equivalent equipment at a reasonable cost. 2. The planned equipment would cause interference materially impacting the usability of other existing or planned equipment at the tower or building as documented by a qualified and licensed professional engineer, and the interference cannot be prevented at a reasonable cost. 3. Existing or approved towers and buildings within the search radius cannot accommodate the planned equipment at a height necessary to -r. function reasonably as documented by a qualified and licensed professional engineer. 4. Other unforeseen reasons that make it infeasible to locate the planned telecommunications equipment upon an existing or approved tower or building. B. Any proposed telecommunication service tower shall be designed structurally, electrically and in all other respects, to accommodate both the applicant's antennas and comparable antennas for at least three (3) additional users if the tower is one hundred feet (100') or more in height or for at least two (2) additional users if the tower is less than one hundred feet (1 00') in height. Towers must be designed' to allow for future arrangement of antennas upon the tower and to accept antennas mounted at varying heights. (Ord. 270, 12-5-2000) 9-12-7: DESIGN REQUIREMENTS: Telecommunication service towers shall be of a monopole design unless the City Council determines an altemative design would better blend into the surrounding environment. Lattice towers are prohibited. (Ord. 270, 12-5-2000) 9-12-8: SETBACKS: Towers shall conform with each of the following minimum setback requirements: A. Towers shall meet the building setbacks of the underlying zoning district as stated in the zoning ordinance. B. Towers shall be set back from all structures and all property lines at a distance equal to the height of the tower (plus an additional 10 feet), unless a qualified professional structural engineer certifies in writing that the collapse of the tower will occur within a lesser distance under all foreseeable circumstances. c. A tower's setback may be reduced or its location in relation to a public street varied, at the sole discretion of the City Council, to allow the integration of a tower into an existing or proposed structure such as a church steeple, light standard, power line structure or similar structure. Towers shall be placed a minimum of five hundred feet (500') from any existing residential dwelling unit and be spaced a minimum of one-half (1/2) mile from each other. (Ord. 270, 12-5-2000) 9-12-9: GENERAL REQUIREMENTS: All towers and antennas for which a permit is required shall comply with the following requirements: A. Lighting: Towers shall not be illuminated by artificial means and shall not display strobe lights unless such lighting is specifically required by the Federal Aviation Administration or other federal or state authority for a particular tower. When incorporated into the approved design of the tower, light fixtures used to illuminate ball fields, parking lots, or similar areas may be attached to the tower. B. Signs And Advertising: The use of any portion of a tower for signs is prohibited. Warning or equipment signs are exempt from this provision. c. Accessory Utility Buildings: 1 . All utility buildings and structures accessory to a tower shall be architecturally designed to blend in with the surrounding environment and shall meet the minimum setback requirements of the underlying zoning district as stated in the zoning ordinance. 2. Ground mounted equipment shall be screened from view by suitable vegetation, except where a design of non-vegetative screening better reflects and complements the architectural character of the surrounding neighborhood. D. Supplemental Information: In addition to the information required elsewhere in this chapter, development applications for towers shall include the following supplemental information: 1 . A report from a qualified and licensed professional engineer that: a. Describes the tower height and design including a cross section and elevation; b. Documents the height above grade for all potential mounting positions for co-located antennas and the minimum separation distances between antennas; . - c. Describes the tower's capacity, including the number and type of antennas that it can accommodate; d. Documents what steps the applicant will take to avoid interference with established public safety telecommunications; e. Includes an engineer's stamp and registration number; f. A coverage map showing what portions of the city will be served by the user, along with future coverage plans and potential construction sites to provide similar service elsewhere in the city; g. A report indicating that the request meets technical emission standards set by the FCC; and h. Includes other information necessary to evaluate the request. 2. For all te lecommunication service towers, a letter of intent committing the tower owner and his or her successors to allow the shared use of the tower if an additional user agrees in writing to meet reasonable terms and conditions for shared use. 3. Before the issuance of a building permit, the following information shall be submitted to the city: a. Proof that the proposed tower complies with regulations administered by the Federal Aviation Administration; and b. A report from a qualified and licensed professional engineer that demonstrates the tower's compliance with the aforementioned structural and electrical standards. (Ord. 270, 12-5-2000) 9-12-10: NONCONFORMING ANTENNAS AND TOWERS: Antennas and towers in existence prior to the adoption of this chapter that do not conform to or comply with the provisions of this chapter may continue in use for the purpose now used and as now existing but may not be structurally altered without complying with this chapter. (Ord. 270,12-5-2000; amd. 2003 Code) 9-12-11: INTERFERENCE WITH PUBLIC SAFETY TELECOMMUNICATIONS PROHIBITED: No new or existing telecommunications services shall interfere with public safety telecommunications. (Ord. 270, 12-5-2000) 9-12-12: DAMAGED OR DESTROYED ANTENNAS AND TOWERS: If an antenna or tower is damaged or destroyed due to any reason or cause whatsoever, the same may be repaired or restored to its former use, location and physical dimensions upon obtaining a building permit. The repair or restoration must comply with this chap1er. Provided, however, that if the cost of repairing such damaged or destroyed antenna or tower would be fifty percent (50%) or more of the cost of purchasing and erecting a new antenna or tower of like kind and quality, as estimated by the Building Official, and to the former use, physical dimensions and location, then the antenna or tower may not be repaired or restored except in full compliance with the requirements of this chapter. (Ord. 270,12-5-2000; amd. 2003 Code) 9-12-13: ABANDONED ANTENNAS AND TOWERS: Any antenna or tower that is not used for one year shall be deemed abandoned. Within ninety- (90) days of notice by the city, the antenna or tower and all other associated equipment must be removed from the property. If the antenna or tower and equipment are not removed from the property within the time period as stated herein. a public nuisance may be declared, and the city may order that the public nuisance be abated in a manner consistent with ordinances and policies of the city. (Ord. 270, 12-5-2000; amd. 2003 Code) 9-12-14: VARIANCES: Variances from the provisions of this chapter shall be processed and granted or denied in the same manner and based on the same criteria as stated in the city zoning ordinance 1. (Ord. 270, 12-5-2000) 9-12-15: VIOLATION; PENALTIES: Any person who shall violate any provision of this chapter shall be guilty of a misdemeanor and shall be subject to applicable fines and imprisonment as defined by state law. In addition to the penalties imposed by this chapte r, the city may exercise. with or separately from such penalties, all and any other legal and equitable remedies then available to the city by this chapter, or by statute. or by other ordinances of the city, or by applicable rules or regulations. to enforce this chapter, including, without limitation, injunction. (Ord. 270,12-5-2000) 1 See section 12-15-7 of this code. @ 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304. (763) 755-5100 FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US TO: Mayor and Council Members CC: Jim Dickinson, City Administrator Will Neumeister, Community Development Director wL FROM: SUBJECT: Schedule Park & Recreation, Community Center Advisory Commission and Planning Commission Interviews- Planning DATE: December 5, 2006 INTRODUCTION The Council is asked to schedule a night to interview residents that have indicated they are willing to serve on the Park and Recreation Commission, Community Center Advisory Commission or Planning Commission. Three vacancies exist on the Park and Recreation Commission, two vacancies exist on the Planning Commission and one will exist for the Community Center Advisory Commission. A December 8th deadline for applications was advertised in the November/December City newsletter (see attached). DISCUSSION As of this time, two applicants have applied for the Park Commission and two have applied for the Planning Commission. The people that have terms that are due to expire on these commissions have been asked by staff to apply or write a short note to indicate whether they are interested in being appointed again. So far, Rex Greenwald has indicated he is not planning to submit a letter. The others have not responded. Due to the number of vacancies and the limited number of applicants, the Council may want to extend the deadline and make an appeal during the Council meeting for residents to consider serving and ask them to submit an application by December 22nd . ACTION REQUESTED The Council is asked to consider extending the deadline, ask community residents to apply, and select an evening to interview the applicants. If the deadline is extended, potential interview dates include: . th Tuesday, January 9 Thursday, January 11 th . ANDOVER CHOIR SELECTED TO PERFORM AT CONVENTION Courtney Markuson, Staff Writer, Anoka-Hennepin Schools The Andover High School choir, under of music. The choir will premiere a piece the direction of Jeremy Manternach, of music written by Matthew Culloton, has been selected to perform at the a local composer, at the fall convention. American Choral Directors Asso<,:ill.t.ion of,. Minnes()ta, fa'll convfinti?nin Mahtomedion Nove.tnber 17~ . Atidover was selected based. on their audition eD. , , ... '..', choir .will perform a20-minute set. ifferent music styles, ranging from the a 1700s to living composers. o to Manternach, the group also t to commission a piece 'fhe AinericanChorll.1 Directors Associatibn(ACI)A), founded in 1"959,18 . ,a non-profit music-edllcation orgll.nization :'",hosecentralplirpose is to promote . excellence . in choral music through performance, composition, publication, research and teaching. ACDA offers conventions at the state, division and national levels. COMMISSION VACANCIES Park & Recreation Commission The City of Andover is seeking three individuals to serve 3-year terms on the Park & Recreation Commission. The Commission serves in an advisory capacity to the City Council and reviews matters concerning park and recreation programs, park dedication requirements for new developments and proposed new park construction projects. Individuals seeking to fill the vacancies must have interest in public policies, willingness to learn, problem solving and communication skills and be able to contribute to positive decision making. The Commission members are compensated and meetings are held the first and third Thursday of each month in the evenings. For more information, please contact Todd Haas, Parks Coordinator at (763) 767-5131. Planning Commission The City of Andover is also seeking two individuals to serve 3-year terms on the Planning Commission. The Commission serves in an advisory capacity to the City Council and reviews matters concerning OUTH FIRST CO YOLTH fiRST MMUNITY OF PROMISE ~Ul<>>W.."MOU'UHlI:!' ':r~ City planning and development issues. The Planning Commission members are compensated and meetings are held the second and fourth Tuesday of each month in the evenings. For more information, please contact Courtney Bednarz, City Planner at (763) 767-5147. Community Center Advisory Commission The City of Andover is seeking one individual to serve a 3-year term on the Community Center Advisory Commission. The individual will serve representing the Andover area businesses. Meetings are held on the first Monday of each month in the evenings. For more information, please contact Jim Dickinson, City Administrator at (763) 767-5110. Advisory Commission applications may be obtained at City Hall or on the City website at www.ci.andover.mn.us Deadline is 4:30 p.m., Friday, December 8, 2006. Applicants will be interviewed by the City Council in December. Presents Miracle on 34th Street at Lyric Arts Main Street Stage Thursday, November 16th Show starts at 7:00 p.m. Youth First Community of Promise is a local community initiative established out of a working group of the Northwest Anoka County Community Consortium (NWACC). This collaborative entity includes the cities of Andover, Anoka, Ramsey, Anoka County and Anoka-Hennepin School District #11. The mission of Youth First Community of Promise is to mobilize individuals and collaboratives to support experiences that ensure a healthy start, safe places, caring adults, marketable skills and service opportunities for young people in Andover, Anoka and Ramsey. Tickets are $10 and proceeds go to Youth First Community of Promise. Purchase tickets at Youth First by calling (763) 421-8530 or emailing Kelly.thorsten@anoka.k12.mn.us Amo)6'fOOay PROTECIYOURSELFFR.OM IDENTITY THEFT November 11, 2006 10:00 a.m.-l:00 p~m. Andover City Hall COMMUNITY GROUPS Andover Women of Today: (763) 789-0360 AndoverlRamsey Moms Club: (763) 421-5951 Andover Seniors: (763) 767-5163 TOPS Club: (763) 757-5822 Andover High School Football Boosters Hotline: (763) 506-8555 Andover Lions: (612) 600-4659 Seuate District 49 DFL Meetings: (763) 434-1394 Republican Meetiugs: (763) 712-5378 ANDOVER'S NEW BUSINESSES Jus or Kids Lind ermann opened this store offering new and used cli ren's clothes, toys, gifts and hand-painted furniture. Also located across from the Community Center in Hanson Commons II. (763) 413-7845 Page 3 One other project that may be of interest to the public is the installation of scoreboards at Prairie Knoll Park. The Andover Football ti;\jociation recently purchased new score- ~ ,.._~~.,-~,.,...~>;.,....... _.:,,-,...~,I''''\_.,... "-<"l;,..~ .._ .' v,.~,.~ .._....._. _:00' t:1 PUBLIC NOTICE Importcfzt information about your drinking water Tests show levels of gross alpha emitters, iJclude water softening, reverse osmosis, and from all wells. Currently these sources are radium 226 and radium 228 above drinking distillation. It is recommended that these pumping 0.5% of the total water pumped. water standards. li,ome water treatment units be certified to Also with the delivery of this notice to all epsure gross alpha and radium removal. The water customers, the City water system uSe of carbon filters is not recommended for will be in compliance with all MDH and removal of gross alpha emitters or radium, as Environmental Protection Agency (EPA) Wose emitters and radium may accumulate regulations. More information will be in ijl the filter over time. the Consumer Confidence Report mailed , out in June of each year. The City is doing Your public water supply is considering everything it can to minimize the use of these methods to reduce the levels of gross alpha wells but in order to meet the demand during emitters and radium, which may include an the hot dry summer months these wells are a:ltemative water source or water treatment. necessary. At the present time the affected sampling wells are used as peaking wells. % , By the time you get the newsletter it will be getting close to winter time. Most of the construction projects from this past year ei- ther have been completed or will be shutting down for the remainder of the year. This also goes for the park projects, as most of them have been or will be completed by the time the newsletter is sent out to the residents. One of the more significant projects, Which is nearly completed, is the Andover Station North ball field facility. If you have not stopped by the site lately, the ball fields have now been fenced, Andover public water supply routinely monitors for the presence of drinking water contaminants. Recent testing results show that the annual average level of gross alpha emitters (at two sample points) were 32.1 (Well 2) and 16.4 (Well 3) picoCuries per liter (pCi/L), and the combined radium 226 and radium 228 annual averages were 15.1 (Well 2) and 11.3 (Well 3) pCi/L. These are above the standards or maximum contaminant levels (MCL), of 15.4 pCilL for gross alpha and 5.4 pCi/L for combined radium. Gross alpha emitters and radium occur naturally within the groundwater. Certain minerals are radioactive and may emit a form of radiation known as alpha radiation. Some people who drink water containing alpha emitters and radium in excess of the MCLs over many years may have an increased risk of getting cancer. .". This is not an emergency. You do _ need an alternative source of water, such as bottled water. However if you have specific health concerns, consult your doctor. Home water treatment units are available to reduce gross alpha emitters and radium, which Ii ANDOVER ANIMAL CONTROL OFFICER (763) 444-4247 Page 4 PARK PLACE Todd Haas, Parks Coordinator irrigated and sodded. The parking lots and streets have been paved and the disturbed ar- eas have been seeded. The fields will be avail- able for use by the baseball programs next spring. It is anticipated that an opening day celebration will be planned. Look for further information to come in future newsletters. They City's municipal water system consists of S{wells & a water treatment plant. The water fJ;om wells 2 & 3 only enters the system to meet the user demands, typically in July when lawn ihigation is at its peak. These two wells only rim sparingly over the conrse of each day in which this water is blended with treated water frOm the treatment plant and distributed ttJ~nghont the entire water system. .".,......"'>'''''. ",., _:n,:~_,...,-;...,.; .^,_,:'-:~"'.. ~:...':" D"4 this time the demand is greater than 'fh,e water treatment facility's capacity. Acco~ to the Minnesota Department of He~th (MDH), the amount of allowable water pumped from each of the water sources can be 5.2% of the total water pumped "I o. i: ~! Ii ;1 ii !: j! l boards and will be donating them for the park. Volunteers from the association, along with help from the Andover Public Works De- partment, will be installing the scoreboards. The scoreboards were built to allow advertis- ing. If you are interested in advertising and would like to receive information, feel free to !: contact City Hall. If you have any questions ~: regarding current or future park projects, tiel I: free to contact Todd at (763) 767-5131. i: . .,~.. ,~ : --~ ~.,..-,..'...~,'[~. .. ...--". '~I .\ i' Ii ji " \ Ii }I { ~ ~ I : ~ ~ ~ f ~, f, ~ I I f ~ ~ I f ~ \ ~ \ . Please share this information with all other people who drink this water, especially those who may not have received this notice directly (for example, people in apartments, nursing homes, schools and businesses). You can do this by posting this notice in a public place or distributing copies by hand or mail. For more information, please contact: ) Brian Kraabel Public Utilities Mana!!er , Phone: (763) 755.8118 ext. 180 " .~ n. '. , ,,-'(6'r1fiailifig 'am11'e-ssY:"'.""- ,",- 1685 Crosstown Blvd. NW. Andove~,~ 55304 f! j , . This notice is being sent to you by the City of Andover Distribution Date: November 2006 ~ ~ ~ Ii I' I: ~ ~ Ii Ii I: I' J; I; i .. - Ando"lU'fOOay >-- - @ 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (763) 755-5100 FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US TO: Mayor and Council Members FROM: Jim Dickinson, City Administrator SUBJECT: Schedule EDA meeting DATE: December 5,2006 INTRODUCTION The Council is requested to schedule an Economic Development Authority (EDA) meeting at 6:00 pm before the December 19,2006 City Council meeting. DISCUSSION Tentative agenda items for an EDA meeting have been identified as follows: 1. Update on Economic Development Activities 2. TIP Cash Flow Presentation 3. TIP Project Review 4. Due Diligence Progress Review 5. Letter of Intent Review and Purchase Agreement Updates 6. Other Business Other items may be added upon request, or the meeting will be cancelled if no new information comes forward on the identified agenda items ACTION REQUIRED Schedule an EDA meeting at 6:00 pm before the December 19, 2006 City Council meeting. CITY OF NDOVE ~ 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (763) 755-5100 FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US TO: Mayor and Councilmembers FROM: Jim Dickinson, City Administrator SUBJECT: Administrator's Report DATE: December 5, 2006 The City Administrator will give a brief verbal update on various items of interest to the City Council and to the residents at the meeting. Listed below are a few areas of interest: 1. Administration & City Department Activities 2. Update on Development Activity 3. Update on Public Improvement Projects 4. Meeting Reminders 5. Miscellaneous Projects Upon receipt of the meeting packet, if a member of the Council would like an update on a particular item, please notify me so an adequate update can be made. . ...... DATE December 5.2006 ITEMS, GIVEN TO THE'GI'tt:~~Si!JNClb. ~ Feasibility Report/05-43/Hanson Boulevard NW Frontage Road ~ CIP Document THANK YOIJ.,,, , PtEASE;-*mt)~~S$';jIliESj::~i;n:~M$At.tH' . , THENEXTAG ' ,.' ..... ," ,,' '., G:ISTAFF\RHONDAAIAGENDAICC L1ST.doc I I I I I I I I I I I I I I I I I I I December 2006 Feasibility Report Hanson Boulevard Frontage Road (S.P.198-020-25) City Project No. 05-43 Prepared by: Engineering Department City of Andover 1685 Crosstown Boulevard NW Andover, MN 55304 "'" c c c ~ E C ~ ~ ~ ~ ~ ~ ~ C C C I ~ ~ -- I I I I I I I I I I I I I I I I I I I 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (763) 755-5100 ' FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US December 5, 2006 Honorable Mayor and City Council City of Andover 1685 Crosstown Boulevard NW Andover, MN 55304 Re: Hanson Boulevard Frontage Road (CoP. 05-43) Feasibility Report City of Andover, Minnesota Dear Mayor and City Council: With your authorization, we are pleased to submit this feasibility report for addressing the proposed project costs and estimated assessments for the Hanson Boulevard Frontage Road to serve the ABC Mini-Storage and Croix Oil Company in the southwest comer of Hanson Boulevard (CSAH 78) and Bunker Lake Boulevard (CSAH 116). This project would be constructed in conjunction with the reconstruction of Hanson Boulevard from TH 242 in Coon Rapids north to 138th Lane NW. Anoka County is requiring this frontage road to eliminate an access point onto Hanson Boulevard. The proposed improvements will include constructing a shared driveway with ABC Mini-storage and Croix Oil Company with concrete curb and gutter and storm sewer. The driveway would be constructed to meet all City standards and turning movements will be analyzed to ensure that it adequately serves these two properties. The total estimated cost of the proposed improvements is $46,780.30.00. This estimated cost includes construction costs, contingencies, and indirect costs. The proposed project would be funded by assessing 1/3 of the assessable project costs to each of ABC Mini-Storage, Croix Oil Company, and the City of Andover. As you may recall, on September 28, 2004 at a City Council workshop, the City Council agreed to contribute 1/3 of the cost toward the improvements. The City of Andover will also pay for widening and extra depth for the throat of the driveway in the event that this is extended west I the future and becomes a City street. The City of Andover's portion would be paid for out of the Municipal State Aid and Road and Bridge funds. The estimated assessment for ABC Mini Storage and Croix Oil is $15,116.92. The estimated City costs are $16,546.45 We recommend that the City Council review this report and, if acceptable, proceed with project implementation as proposed. Sincerely, , City of Andover Engineering Department C)~Q. David D. Berkowitz, P.E. City Engineer FEASIBILITY REPORT HANSON BOULEVARD FRONTAGE ROAD (S.P.198-020-25) CITY PROJECT NO. 05-43 c c c c c c c c ~ c c c c ~ c c c ~ ~ CITY OF ANDOVER, MINNESOTA I hereby certify that this Feasibility Report was prepared by me or under my direct supervision and that I am a duly Licensed Professional Engineer under the laws of the State of Minnesota. GJ~0, David D. Berkowitz, P.E. License No. 26757 1"2- /5/ Diy. Date I / - - ---'--------.--- I I I I I I I I I I I I I I I I I I I Overview 1.0 INTRODUCTION HANSON BOULEVARD FRONTAGE ROAD TABLE OF CONTENTS 2.0 EXISTING CONDITIONS 3.0 PROPOSED IMPROVEMENTS 4.0 RIGHT-OF-WAY /EASEMENTS 5.0 PERMITS 6.0 ESTIMATED PROJECT COSTS 7,0 FUNDING / ASSESSMENTS 8.0 PROPOSED PROJECT SCHEDULE 9.0 CONCLUSIONS & RECOMMENDATIONS Exhibit 1 : Exhibit 2: Exhibit 3 : Exhibit 4: Exhibit 5: APPENDIX Project Location Map Existing Conditions Layout Proposed Conditions Layout Preliminary Cost Estimate Preliminary Assessment Worksheet Page No. 1 1 1 2 2 2 2 3 3 HANSON BOULEVARD FRONTAGE ROAD CITY PROJECT 05-43 1.0 INTRODUCTION The Anoka County Highway Department is proposing to reconstruct Hanson Boulevard (CSAH 78) from TH 242 to 138th Lane NW. The reconstruction would include expanding Hanson Boulevard from a 2-lane undivided roadway to a 4-lane divided roadway and constructing intersection improvements along the corridor. As a part of this project, the Anoka County Highway Department is reducing access points along the corridor. The County is requiring a frontage road be constructed and jointly shared by ABC Mini-Storage and Croix Oil Company (currently a Mobil station) in the southwest quadrant of Hanson Boulevard and Bunker Lake Boulevard (CSAH 116). Construction of this frontage road would remove one access point along Hanson Boulevard. A Project Location map is attached in the Appendix as Exhibit 1. 2.0 EXISTING CONDITIONS Currently ABC Mini-Storage and the Croix Oil Company (Mobil station) each have separate accesses onto Hanson Boulevard. The Croix Oil Company access is approximately 200' south of Bunker Lake Boulevard and the ABC Mini-Storage access is approximately 450' south of Bunker Lake Boulevard. Both of these accesses are currently limited to right-in / right-out turning movements by the concrete median along Hanson Boulevard. An Existing Conditions Layout is attached in the Appendix as Exhibit 2. 3.0 PROPOSED IMPROVEMENTS The proposed improvements to the access points for ABC Mini-Storage and Croix Oil Company would include construction of a frontage road and a joint access onto Hanson Boulevard. The proposed access point is located where the existing access for ABC Mini-Storage is located, approximately 450' south of Bunker Lake Boulevard. The frontage road is proposed to be 26' from face of curb to face of curb. B618 concrete curb and gutter will be installed along the frontage road. Storm sewer will be constructed to handle the storm water runoff from this frontage road. The storm water runoff will discharge into a proposed storm sewer system in Hanson Boulevard. Storm water treatment will be incorporated into the storm system designed for Hanson Boulevard. The frontage road geometries will be analyzed during final design to ensure that turning movements for design vehicles can be accommodated with the new entrance and frontage road. The pavement section for the frontage road will include 3" of bituminous over 5" of class 5 aggregate base. - 1 - =- c c c c c c c ~ ~ C C C C C ~ ~ ~ D C -.~'*-- I I I I I I I I I I I I I I I I I I I I. The throat of the frontage road from Hanson Boulevard west to the ABC Mini Storage property will be constructed to meet the City Standards for a 9-ton roadway, namely a width of 33' from back of curb to back of curb with 4" of bituminous over 8" of class 5 aggregate base. This extra widening and pavement depth will accommodate a potential future roadway in this area should the ABC Mini Storage site ever redevelop and a roadway is constructed west to Grouse Street. The costs associated with the extra depth and widening will be paid for by the City of Andover. Anoka County will remove the existing driveway at the Mobil station and construct a right turn lane along Hanson Boulevard to access the frontage road to provide needed access management and safety improvements. Costs for the turn lane are not included in this report. A Proposed Conditions Layout is attached in the Appendix as Exhibit 3. 4.0 RIGHT-OF WAY /EASEMENT No easements or right of way will need to be obtained as this is a private driveway and frontage road for ABC Mini-Storage and Croix Oil Company. 5.0 PERMITS The Anoka County Highway Department would obtain any necessary permits for the project, as they are the lead agency for the project. 6.0 ESTIMATED PROJECT COSTS The total estimated project cost is $46,780.30. This estimated cost includes construction costs, contingencies, and indirect costs. These costs are estimated based upon preliminary design. The [mal cost will be based upon [mal design, actual work completed by the contractor, and unit bid prices for the project. A detailed cost estimate is included in the Appendix as Exhibit 4. 7.0 FUNDING / ASSESSMENTS The project would be funded by assessing the benefiting properties 1/3 of the assessable project costs, and the remaining 1/3 of the project costs plus the non-assessable costs for extra depth and widening of the throat of the frontage road would be paid for by the City of Andover. The estimated assessments are as follows: ABC Mini-Storage: Croix Oil Company: $15,116.92 $15,116.92 -2- City of Andover: , $16,546.45 A detailed Preliminary Assessment Worksheet is included in the Appendix as Exhibit 5. 8.0 PROPOSED PROJECT SCHEDULE If the project is initiated the project schedule would be as follows: City Council orders feasibility report 8/3/05 City Council accepts feasibility report / Waives Public Hearing/ Authorizes Plans and Specs. 12/5/06 County Advertises for Bids (Estimated) February 2007 County Receive bids (Estimated) March 2007 County awards contract (Estimated) March / April 2007 Contractor begins construction (Estimated) April/May 2007 Project Substantially Complete (Estimated) Late Fall 2007 Project Final Completion (Estimated) Spring/Summer 2008 9.0 CONCLUSIONS & RECOMMENDATIONS 9.1 Conclusions As a result of this study, we conclude that: 1. Per Anoka County Highway Department policy, it is necessary to construct a frontage road to be shared by ABC Mini-Storage and Croix Oil Company, removing an access point from Hanson Boulevard. 2. The total estimated cost for the project is $46,780.30.00. These estimated costs include construction costs, contingencies and indirect costs. 3. The project is feasible from an engineering perspective. 9.2 Recommendations 1. The City Council and City Staff review this report in detail. 2. A public hearing is to be held by the City Council to determine if the project is to be carried forward as presented. - 3 - = c c c c c c c c c ~ c c c c c c ~ c c --- _.~-~- I I D D D D D D D I I I D D I D D D D APPENDIX if) CO z c c c c ~ ~ c c c ~ c ~ c ~ ~ c c ~ c 146th LA. r..: (f) 8th ---1 N So o -1 -1 W >- ~ ~ ~ :z: a:: . :c l- f- if) 0- > BUNKER N HANSON BOULEVARD FRONTAGE ROAD PROJECT LOCATION CITY PROJECT NO. 05-43 ANDOVER, MINNESOTA EXHIBIT 1 .------. 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Olr IrW 0..> o >-0 ~ t3~ II ~ ~ ~ -0 o o a::: ~ (]) CJ"l ~ 0....... c:i i-- f- ~ ~ ' c,' ~ 0>- ""-.J I b... '- 0 l ~ LL---1 m i-h- >- Ir -0 I 1--=-0 '- -0 I ::ill.. 0 <D I - > en : ~ Q) 0 , ..: - Q. , w:J 0 I l.J.... 0 L : rnCL , , , , L____ c o (f) c o I EI I ~ r-----T----- -- ----- -------i " , : L____________________L______ , , , , , , , , , , , , , , , , , , , ' L_________J c c ~ "0 a 0 I I ~ f- Ir W 0 -' z ..: E () Ul ~E I x W'D- -------:::::;;:::~ I I I I I I I I I I D D D I D o D D D Hanson Boulevard Frontage Road (S.P. 198-020-25) (C.P. 05-43) Feasibility Cost Estimate STORM SEWER (ASSESSABLE) ITEM NO. I 2 3 Estimated Construction Cost 20% Contingency Total Estimated Extra Drivewa Cost UNIT ac LF LF Estimated Construction Cost 20% Cantin ency Total Estimated Storm Sewer Cost PRELIMINARY COST ESTIMATE EXHIBIT 4 <= c SUMMARY OF PROJECT COSTS: HANSON BOULEVARD FRONTAGE ROAD c Driveway (Assessable Costs) Estimated Construction Cost Indirect Costs Driveway Extra Depth and Width (City Cost) Estimated Construction Cost Indirect Costs Storm Sewer (Assessable Costs) Estimated Construction Cost Indirect Costs TOTAL ESTIMATED PROJECT COST SUMMARY OF CITY COSTS Extra Depth Driveway Throat Estimated Construction & Indirect Costs SUMMARY OF ASSESSABLE COSTS Driveway, Storm Sewer Estimated Construction & Indirect Costs $24,782.10 $7,482.63 $32,264.73 c c $1,098.00 $331.53 $1,429.53 c $10,051.20 $3,034.83 $13,086.03 ~ $46,780.29 ~ ~ $1,429.53 ~ $45,350.76 c ~ c c c c c c ~ PRELIMINARY COST ESTIMATE EXHIBIT 4 ~ I I I I I I I I I I I I I I I' I I I I Project Name: Feasibility Report Contract Award Estimated Construction Estimated EXDenses Engineering (Cityof Andover): Consulting Costs (Includes Inspection) Aerial Mapping (1% of street) Drainage Plan (0.3% of street/storm/path) Administration (3%) Assessing (1%) Bonding (0.5%) Recording Fees / Legal & Easement Advertising Permit and Review Fees Street Signs (Materials and Labor) Material Testing Construction Interest City Costs Total Estimated Expenses Expenses Multiplier Estimated Project Cost Total Amount to be Assessed Non-Assessable Costs (City Costs) Croix Oil Company ABC Mini-Storage City of Andover Final-Andover Special Assessments PRELIMINARY ANDOVER ASSESSMENT WORKSHEET Hanson Blvd Frontage Road December 5, 2006 Driveway (Assessable) Driveway (City Cost) Storm Sewer Project No. : 05-43 Amount: $35,931.30 Amount: $24,782.10 $1,098.00 $10,051.20 Amount: $35,931.30 $ 1,440.00 $ 5,030.00 $ 248.00 $ 74.00 $ 1,078.00 $ 359.00 $ $ $ $ $ 250.00 $ 250.00 $ 500.00 $ 1,620.00 $ 10,849.00 30.1937% Amount: $ 46,780.30 $ $ $ 15,116.92 15,116.92 16,546.45 $ 45,350.76 $ 1,429.53 Preliminary Assessment Worksheet Exhibit 5 c c ,~ ~ ~ , c ~ ~ ~ c ~ ,~ i ~ ~ ~ ~ ~ ~ ~ CITY OF NDOVE 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304. (763) 755-5100 FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US TO: City Council CC: Jim Dickinson, City Administrat FROM: Will Neumeister, Community Develop SUBJECT: RESEARCH DOCUMENT - FARM WINERY DATE: December 5, 2006 INTRODUCTION At the November 28th Council workshop the Council discussed options that could be explored related to Mark Hedin's Farm Winery on his property. This report is intended to summarize what could potentially be done to modify the City Code. Staff would like to review with the Council what their preference is related to the possible next steps. DISCUSSION The current definitions in the Zoning Code contain the following wording: CHAPTER 2 RULES AND DEFINITIONS 12-2-2: DEFINITIONS: The following words and terms, whenever they occur in this title, are defmed as follows: AGRICULTURAL USE, RURAL: An area of five (5) or more contiguous acres which is used for the production of farm crops such as vegetables, fruit trees, grain and other crops and their storage on the area. (Amd. 4/18/06, Ord. 325A) AGRICULTURAL USE, URBAN: An area ofless than five (5) contiguous acres which is used for the purpose of growing produce including crops, fruit trees, shrubs, plants and flowers, vegetables, and the like, provided such produce is intended solely for the use of owners on the property or sale away from the property. (Amd. 4/18/06, Ord. 325A) Staff's view is thatthe first definition (Agricultural Use, Rural) is not pertinent, because he doesn't have 5 acres ofland. The second defmition (Agricultural Use, Urban) with some well thought out changes could provide the opportunity to allow Mr. Hedin his "Farm Winery". How the language would be modified could determine whether he could do all that he wants (i.e. on-site incidental sales). Another section of the code related to "Permitted, Conditional and Prohibited Uses" would also need to be modified (see attached). The table of uses currently doesn't allow this particular use in the R-l zone. To make this happen, the City Council would need to propose to make it a C ( conditional use) to give the Council latitude to judge how much it needs to be regulated or restricted. In discussion with the City's legal counsel, the City Attorney has indicated that Conditional Uses don't have a time limit. If the Council wanted to have the winery operation cease and desist (upon sale of the property) the City Council would need to issue an "interim use permit" with a limit on when the operation would cease, (Le. upon sale). If the Council desires a time limit, the City would need to create a new zoning code section for "interim use permits". Attached is the state statute that regulates "Farm Winery", it indicates that a farm winery must use a majority of the ingredients grown or produced in Minnesota. The statute also states that sales are allowed on-site, even on Saturday and Sunday. But with that said, if the Council wants to place more restrictions, the City Attorney has provided another state law that allows the City to be more restrictive related to alcoholic beverages. See section of state statute below that allows the City to regulate it: 340A.509 LOCAL RESTRICTIONS. , A local authority may impose further restrictions and regulations on the sale and possession of alcoholic beverages within its limits. Staff checked with a couple of farm winery operators on the attached list as to how much wine they produce in a given year. The volume they produced each year varies. One said they produce 400-500 gallons per year while the other said they produce 5,000 gallons. Five thousand gallons of wine equates to about 1,600 cases of wine; five hundred gallons would be 160 cases of wine. With these large volumes that could be produced, the Council needs to very carefully consider how this might impact the surrounding area. ACTION REQUESTED If the changes described above do not appeal to the Council, with possibly an "interim use permit" also being created, we would need to think through and propose various changes to the Home Occupation section of City Code. 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No. 3940, 3rd Engrossment - 84th Legislative Session (2005-2006) Posted on May 11, 2006 1.1 A bill for an act 1.2 relating to liquor; allowing Minnesota farm wineries to produce fortified wine; 1.3 modifying certain fee provisions; providing for licensing provisions; clarifying 1.4 certain sale hours; authorizing various local on-sale licenses; prohibiting alcohol 1.5 without liquid devices;amending Minnesota Statutes 2004, sections 340A.1 01, 1.6 subdivision 11, by adding a subdivision; 340A.315, subdivisions 1, 2, 3, 4; 1.7 340A.404, subdivision 5; 340A.414, subdivision 2; 340A.504, subdivision 1.8 6; Minnesota Statutes 2005 Supplement, sections 340A.301, subdivision 6; 1.9 340A.404, subdivision 2; 340A.412, subdivision 4; proposing coding for new 1.10 law in Minnesota Statutes, chapter 340A. 1.11 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: Section 1. Minnesota Statutes 2004, section 340A.1 01, subdivision 11, is amended to Subd. 11. Farm winery. "Farm winery" is a winery operated by the owner of a Minnesota farm and producing table, sparkling, or fortified wines from grapes, grape juice, other fruit bases, or honey with a majority of the ingredients grown or produced - in Minnesota. EFFECTIVE DATE.This section is effective the day following final enactment. 1.19 Sec. 2. Minnesota Statutes 2004, section 340A.1 01, is amended by adding a 1.20 subdivision to read: 1.21 Subd. 30. Fortified wine. "Fortified wine" is wine to which brandy, or neutral grape 1.22 spirits, has been added during or after fermentation resulting in a beverage containing 1.23 not less than one-half of one percent nor more than 24 percent alcohol by volume for 1.24 nonindustrial use. -1- 1.25 EFFECTIVE DATE.Thissection is effective the day following final enactment. 2.1 Sec. 3. Minnesota Statutes 2005 Supplement, section 340A.301, subdivision 6, is 2.2 amended to read: 2.3 Subd. 6. Fees. The annual fees for licenses under this section are as follows: 2.4 Manufacturers (except as provided in clauses 2.5 (a)(b) and (c)) $30,000 2.6 Duplicates $3,000 2.7 Manufacturers of wines of not more than 25 2.8 (b)percent alcohol by volume $500 2.9 Brewers who manufacture more than 3,500 2.10 (c)barrels of malt liquor in a year $4,000 2.11 Brewers who also hold one or more retail 2.12 on-sale licenses and who manufacture fewer 2.13 than 3,500 barrels of malt liquor in a year, 2.14 at anyone licensed premises, the entire 2.15 production of which is solely for consumption 2.16 on tap on any licensed premises owned 2.17 by the brewer, or for off-sale from those 2.18 licensed premises as permitted in subdivision 2.19 7. A brewer licensed under this clause must 2.20 obtain a separate license for each licensed 2.21 premises where the brewer brews malt liquor. 2.22 A brewer licensed under this clause may not 2.23 (d)be licensed as an importer under this chapter $500 2.24 Wholesalers (except as provided in clauses 2.25 (e)(f), (g), and (h)) $15,000 2.26 Duplicates $3,000 2.27 Wholesalers of wines of not more than 25 2.28 (f)percent alcohol by volume $3,750 2.29 (g)Wholesalers of intoxicating malt liquor $1,000 2.30 Duplicates $25 2.31 (h)Wholesalers of 3.2 percent malt liquor $10 3.1 Brewers who manufacture fewer than 2,000 3.2 (i) barrels of malt liquor in a year $150 3.3 Brewers who manufacture 2,000 to 3,500 3.4 O)barrels of malt liquor in a year $500 -s-- 3.5 If a business licensed under this section is destroyed, or damaged to the extent that 3.6 it cannot be carried on, or if it ceases because of the death or illness of the licensee, the 3.7 commissioner may refund the license fee for the balance of the license period to the 3.8 licensee or to the licensee's estate. 3.9 EFFECTIVE DATE This section is effective the day following final enactment. 3.10 Sec. 4. Minnesota Statutes 2004, section 340A.315, subdivision 1, is amended to read: 3.11 Subdivision 1. Licenses. The commissioner may issue a farm winery license to 3.12 the owner or operator of a farm winery located within the state and producing table, 3.13 sparkling, or fortified wines. Licenses may be issued and renewed for an annual fee of 3.14 $50, which is in lieu of all other license fees required by this chapter. 3.15 EFFECTIVE DA TEThis section is effective the day following final enactment. 3.16 Sec. 5. Minnesota Statutes 2004, section 340A.315, subdivision 2, is amended to read: 3.17 Subd. 2. Sales. A license authorizes the sale, on the farm winery premises, 3.18 of table, sparkling, or fortified wines produced by that farm winery at on-sale or 3.19 off-sale, in retail, or wholesale lots in total quantities not in excess of 50,000 gallons in 3.20 a calendar year, glassware, wine literature and accessories, cheese and cheese spreads, 3.21 other wine-related food items, and the dispensing of free samples of the wines offered 3.22 for sale. Sales at on-sale and off-sale may be made on Sundays between 12:00 noon and 3.23 12:00 midnight. Labels for each type or brand produced must be registered with the 3.24 commissioner, without fee prior to sale. 3.25 EFFECTIVE DATE.This section is effective the day following final enactment. 3.26 Sec. 6. Minnesota Statutes 2004, section 340A.315, subdivision 3,is amended to read: 3.27 Subd. 3. Applicability. Except as otherwise specified in this section, all provisions 3.28 of this chapter govern the production, sale, possession, and consumption of table, 3.29 sparkling, or fortified wines produced by a farm winery. 3.30 EFFECTIVE DATEThis section is effective the day following final enactment. 4.1 Sec. 7. Minnesota Statutes 2004, section 340A.315, subdivision 4, is amended to read: 4.2 Subd. 4. Minnesota products. If Minnesota produced or grown grapes, grape juice, 4.3 other fruit bases, or honey is not available in quantities sufficient to constitute a majority 4.4 of the table, sparkling, or fortified wine produced by a farm winery, the holder of the 4.5 farm winery license may file an affidavit stating this fact with the commissioner. If the 4.6 commissioner, after consultation with the commissioner of agriculture, determines this to 4.7 be true, the farm winery may use imported products and shall continue to be governed by -6- 4.8 4.9 4.10 4.11 the provisions of this section. The affidavit is effective for a period of one year, after which time the farm winery must use the required amount of Minnesota products as provided by subdivision 1 unless the farm winery holder files a new affidavit with the commissioner. EFFECTIVE DATE.This section is effective the day following final enactment. 4.12 4.13 4.14 4.15 4.16 4.17 4.18 4.19 4.20 4.21 4.22 4.23 4.24 4.25 4.26 4.27 4.28 4.29 4.30 4.31 4.32 4.33 4.34 4.35 5.1 5.2 5.3 5.4 5.5 5.6 5.7 5.8 \,' Sec. 8. Minnesota Statutes 2005 Supplement, section 340A.404, subdivision 2, is \ am ded to read: SutJ . 2. Special provision; city of Minneapolis. (a) The city of Minneapolis may -sale intoxicating liquor license to the Guthrie Theater, the Cricket Theatre, the Orpheum Ttl atre, the State Theatre, and the Historic Pantages Theatre, notwithstanding the limitations 0 law, or local ordinance, or charter provision relating to zoning or school or church distance\ The licenses authorize sales on all days of the week to holders of tickets for perform ces presented by the theaters and to members of the nonprofit corporations holding the icenses and to their guests. (b) The city of Minneapolis ay issue an intoxicating liquor license to 510 Groveland Associates, a Minn~sota cooperative, for use by a restaurant on the premises owned by 510 Groveland Assodates, notwithstanding limitations of law, or local ordinance, or charter provision. \ (c) The city of Minneapolis may issue ~ on-sale intoxicating liquor license to Zuhrah Shrine Temple for use on the pr~~ises owned by Zuhrah Shrine Temple at 2540 Park Avenue South in Minneapolis, and to the American Swedish Institute for use on the premises owned by the American swediS~~~titute at 2600 Park Avenue South, notwithstanding limitations of law, or local ordin~\s, or charter provision relating to zoning or school or church distances. (d) The city of Minneapolis may issue an on-sale intoxi the American Association of University Women, Minneap 's branch, for use on the premises owned by the American Association of University omen, Minneapolis branch, at 2115 Stevens Avenue South in Minneapolis, notwithstanding imitations of law, or local ordinances, or charter provisions relating to zoning or school or c rch distances. (e) The city of Minneapolis may issue an on-sale wine license and an n-sale 3.2 percent malt liquor license to a restaurant located at 5000 Penn Avenue outh, and an on-sale wine license and an on-sale malt liquor license to a restaurant loc ed at 1931 Nicollet Avenue South, notwithstanding any law or local ordinance or charter rovision. (f) The city of Minneapolis may issue an on-sale wine license and an on-sale m t liquor license to the Brave New Workshop The9tre located at 3001 Hennepin Aven e South, the Theatre de la Jeune Lune, the Illusion Theatre located at 528 Hennepin A South, the Hollywood Theatre located at 2815 Johnson Street Northeast, the Loring -"7- Minnesota Grape Growers Association:: Vineyards and Wineries Page 1 of4 VmeyardslWineries Commercial Wineries Alexis Bailly Vineyard http://www.abvwines.com 18200 Kirby Avenue Hastings MN 55033 Phone: 651-437-1413 Brush Wolf Winery httD://www.brushwolfwinery.com 1552 Brush Wolf Road SE Alexandria, Minnesota 56308 Phone: (320) 762-WINE or (866) WINE-LVR ju lie(Cilbrushwolfwinery .com Cannon River Winery http://www.cannonriverwinery.com 421 Mill Street West Cannon Falls MN 55009 Phone: 507-263-7400 Carlos Creek Winery http://www.carloscreekwinery.com 6693 County Road 34 NW Alexandria, MN 56308 Phone: 320-846-5443, Fax: 320-763-9290 ccwinery(Cilcarloscreekwinerv .com Crofut Family Winery &. Vineyard -y- http://www .rnngrapes.org/vineyardswineries.html 12/1/2006 Minnesota Grape Growers Association :: Vineyards and Wineries httD://www.crofutwinerv.com/ 211 East 240th St. Jordan, MN 55352 Phone: 952-492-3227 info(1i)crofutwinery.com Diamond Ridge Winery http://www.diamondridgewinery.com/ RR 1 box 36A Peterson, MN 55352 Phone: 507-875-2626 lea(1i)acearoup.cc Falconer Vineyards httD:/ (www.FalconerVineyards.com 3572 Old Tyler Road Red Wing, MN 55066 Phone: 651-388-8849, Fax: 651-267-0440 Wine(1i)Fa IconerVi neyards.com Fieldstone Vineyards httD://www.fieldstonevineyards.com 38577 State Hwy. 68 Morgan, MN 56266 Phone: 507-249-WINE (9463) info(1i)fieldstonevineyards.com Goose Lake Farm and Winery httD://WWw.9ooselakefarm.com/ 6760 213th Ave NW Elk River, MN 55330 Phone: 763-753-9632 Luedke's Winery http://www.luedkeswinerv.com 16234 40th Street Princeton, MN 55371 Phone: 763-662-2389 mlberry(1i)luedkeswinerv .com ,Morgan Creek Vineyards http://www.morgancreekvineyards.com / Route 2, Box 214A New Ulm, MN 56073 Phone: 507-947-3547 martimcv(1i)aol.com Northern Vineyards httD: //www.northernvineyards.com -'7-- http://www .nmgrapes.org/vineyardswineries.htrnl Page 2 of 4 12/1/2006 Minnesota Grape Growers Association :: Vineyards and Wineries 223 N. Main Street Stillwater, MN 55082 Phone: 651-430-1032 northernvineyards(ij)att. net Post Town Winery (Opening to the public in 2006) http://WWW.Dosttownwinerv.com/ Rochester, MN Phone: 507-261-5273 steve(ij)oosttownwinerv .com Saint Croix Vineyards http://www.scvwines.com 6428 Manning Ave. Stillwater, MN Phone: 651-430-3310 info(ij)scvwines.com Two Fools Vineyard http://www.twofoolsvineyard.com 12501 240th Avenue SE Plummer MN 56748 info(ij)twofoolsvinevard .com WineHaven Winery http://www.winehaven.com 9757 292nd Street Chisago City, MN 55013 Phone: 651-257-1017 info(ij)winehaven.com Commercial Vineyards Bevens Creek Vineyard and Nursery 9350 Foxford Road Chanhassen, MN 55317 Phone: 952-496-2213 E-Mail: dellsss(ij)yahoo.com Coyote Ridge Vineyards httD: //www.CoyoteRidgeVineyards.com 405 South Fifth Street Raymond, MN 56282 Phone: 612-605-8262/320-220-2235 E-Mail: rradtke(ij)mvtvwireless.com Falconer Vineyards & Nursery httD://www.FalconerVineyards.com 3572 Old Tyler Road -/d- http://www .mngrapes.org/vineyardswineries.htrnl Page 3 of4 12/1/2006 Minnesota Grape Growers Association:: Vineyards and Wineries Page 4 of4 Red Wing, MN 55066 Phone: 651-388-8849, Fax: 651-267-0440 grapes@lFalconerVinevards.com Great River Vineyard httD:llwww.greatrivervineyard.com 35680 Highway 61 Boulevard Lake City, MN 55041 Phone: 877-345-3531 araoes@lrconnect.com Martell Vineyards &. Orchard http://www.martellvineyards.com 439 208 Avenue Somerset, WI 54025 Phone: 715-247-3386 tmartell@lsomtel.net Winterhaven Vineyard and Nursery http://www.winterhavengrapevines.com 18103 628th Avenue Janesville, MN 56048 Phone: 507-234-5469, Fax: 507-234-5488 order@lwinterhavengrapevines.com Private Growers Blue Door Vineyard http://www.bluedoorvinevard.com Lake Elmo, MN 55042 don@lbluedoorvineyard.com @) 2006 MGGA. All rights reserved. I Privacv Policv -//- http://www .rnngrapes.org/vineyardswineries.html 12/1/2006 '" ASSOCIATION OF ~ MINNESOTA COUNTIES LMC League of Minnesota Cities Cities promoting e:<<l!Dence ... ~~. :;'1Mi '~', " ',. Da~ ;:"'t8., ~"" Ifj;"i' '~'tj, .,,' .", .,;CQ~, " .' ~,-_ '. . "l.' ,;iff." ,'" - .'. - ',' . t!Jff'0 ,. .:-: /",'f- t" .l!/ i .'~,.,: ;:,."..:. ,,,:,,:;,_,:,,,-("~'_,~' ,~:.,:' .-:'} ':,' ~", .;:,',"0,.:',1 ~:<;~_", -~""";~~" "\'i',: -"~,., ": ..' "-" ,e',:- 'i!ff,._",,/- ,~;, ., i$'%' 1/ .A..li.I~EiEj .(&j&',., ,-'''''; ._."'~,,?. r'...;a' . IE'"II' -~,., .. ,. 'I. X", S'~"S.. '~' 'I. "'M.' ~ ~,. '. ,> '.' .".,... .."". -' ."('" '..J',.., .,., ",'., ~,-',' ,.!;;...,....,,' ." Y_'.- '..".. ~~:\ '_.~' 'O"',{" ~i- . ~~/. ) ki, -\~.\,' ,.- ;', t -'" i,.',c;. - ~', -~f' '.~i?'1!I";' "~' -.~,~: ''',~ e,l" .".'~.' :r':..,,"" ",: -,tf/J:'-.:, 0'1$,;'._;' .~_"':-._-_~' -',' 'j": ASSESSOR Locates the property to be taxed, estimates its market value (how much the p'roperty would sell for in today's market), and assigns it to a class according to its use. Sends out notices in the spring to nail property owners." Multiplies the estimated market value of each piece of property by the tax capacity percentage set by law for its class. The result is the tax capacity. Adds together the tax capacities for all the property in the taxing district and gives the total to: ..... Property owners who disagree with the assessor may appeal to: . . . TAXING DISTRICTS (YOUR SCHOOL DISTRICT, CITYOR TOWNSHIP, COUNTY, ETC.) . . ..... . Determine the services (such as street maintenance, fire and police protection) to be provided in the coming year. Estimate the costs of those services and determine what portion will come from property taxes. Prepare proposed budget/levy amounts Send final levy amounts to: ...................... Hold Truth-In-Taxation (TnT) hearings on budgets (if required by state law). Send final levy amounts to:. . . . . ". . . . . . . . . . . . . . . . . . . . BOARDS OF APPEAL AND EQUALIZATION . . . . . . . . CITY OR TOWNSHIP BOARD OF APPEAL AND EQUALIZATION: The city councilor township board. Meets between April 1 and May 31. COUNTY BOARD OF EQUALIZATION: County board of commissioners. Meets for two weeks in June. FINANCE DEPARTMENT AUDITORrrREASURER . . . . Determines the tax capacity rates and also uses the state general tax rate by dividing the proposed levy by the proposed total amount of tax capacity in the taxing district. Auditor uses state general tax rate to compute taxes (certified by the Commissioner of MN Dept. of Revenue). Calculates the amount of each property owner's proposed state paid credits and net tax amount. Prepares TnT notice and mails to each taxpayer. Recalculates the amount of each property owner's tax based upon the final levy amounts. Prepares a listing of the tax on all property owners in the county and gives the list to:. . . . . . . . . . . . . . -. . . . . . . . . . . . . . . . . . STATE BOARD OF EQUALIZATION: Commissioner of Revenue. Meets between April 15 and June 30. The review board may change the estimate ofthe market value of the classification. Creates the property tax statements from the county tax lists. Mails the statements by March 31 of the following year. Property owners mail in their payments (due in two installments on May 15 and October 15; except that the second installment of taxes on agricultural property is ' due on November 1 S). MINNESOTA TAX COURT: Small claims or regular division. . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . D" \,~ . -, A 'J! . ~- ~/ ~ gt' .i~ ~: C#~ .4" /" .~ :: ~~ r./...I r~,~ . ~. l!;~" r- ~;' ~ :t~ J" '!.{~' ~- _. ,y ,Q ,." __ ~_,~ _ ~ filiili' ~ ,~. _~: 0 tlfI ",' t-i ~~te,'~_drCCd()OC4i/:', ,.~ ~'".,:.. ~.:,.,_~. ,,~'- (~...w,_,1&J!.Jf..o; if _".~i, ,.',<,,~..: ,"~. _~,.,.",~ Y','_ -.'$.._ - _.,....F!., ~':,'_i!( .~".t.: .,~.,'~;... --_!.,'>:" -"'l"'~, ....~-.:..??':'.: ',-, 1-STEP APPI;AL : ~" .. THE DIAGRAM BELOW SHOWS THE STEPS IN CONTESTING YOUR PROPERTY VALUATION: VISIT YOUR LOCAL ASSESSOR'S OFFICE . Check the facts. . Compare neighboring property values. . Seek an adjustment. ..... 3-STEP APPEAL ..... .............. . . . . . .. . . . . APPEAL TO CITY OR TOWNSHIP "BOARD OF REVIEW" . Meets in April or May. . Appeals in person or by letter. . Call city or township clerk for appointment, . APPEAL TO COUNTY"BOARD OF EQUALIZATION" . Meets for two weeks in June. . ' Appeal in person or by letter. . Call county auditor or assessor for appointment. . . .... . . . . . . ". . . . . . . . . ..... . . . . . . . . APPEAL TO MINNESOTA TAX COURT . Appeal by April 30 of year following assessment. . . . . . . . . . . . .............. .. SMALL CLAIMS DIVISION . Attorney not necessary. . Decisions are final. . Use for your home, or any property assessed under $100,000. ..... REGULAR DIVISION . Attorney recommended. . Decisions appealable to Supreme Court. . Can be used for any property. . Must be used for property assessed over $100,000. fI ~," '0 h ' 14"".."'" fa" -" Jt' " :,' " .. , '- ""., -. -, ',., . ,~,- . ,-' .-, /::." " -' ' "'- . "'-; f/ . - '-.,', '" ..,c:' . .c. ~:: -:; , ." -,_., '.- "!ii. , .~;M.,~<s,.". ., ..',::, :',::,' ",! '_' ".' ,". '." _0> ~, '~" '';_,' ", "' ',..... " _. r'o.>, ',,',' '. ,,' :I;~' ",,01,. ,'W,_ "d~~i" ,~~fiA;".: ,1'4\ "fi" ,.,;".., WHAT THEY ARE, HOW THEY WORK The classification rates on selected properties for taxes payable are shown below: l' PROPERTY TYPE '06 CLASS RATE Disabled homestead up to $32,000 0.045% Residential Homestead Up to $500,000 1.00 Over $500,000 1.25 Residential Nonhomestead2 Single unit Up to $500,000 1.00 Over $500,000 1.25 2-3 u'nit and undeveloped land 1.25 Apartments Regular 1.25 Commercial-Industrial-Public Utility Upto $150,000, 1.5 Over $150,000 ' 2.00 Electricgeneration machinery 2.00 Seasonal Recreational Commercial Homestead resorts 1.00 Seasonal resorts Up to $500,000 1.00 Over $500,000 1.25 PROPERTY TYPE '06 CLASS RATE Seasonal Recreational Residential Up to $500,000 1.00 Over $500,000 1.25 Agricultural land & Buildings Homestead 3 Up to $600,000 0.55 Over $600,000 1.00 Nonhomestead 1.00 Miscellaneous Properties Golf coiJrses (open to public) Nonprofit serviCe organizations Fraternity/sorority houses Manufactured home park land Metro indoor rec. facilities Noncomn,ier'dal aircraft hangars 1 School operating referendum levies (sometimes called "excess levy" referenda) and all county, city, and township referendum levies are levied on referendum market value. School debt levies are levied against all property based on net tax capacity. 2 Includes dwellings located on agricultural nonhomestead property. 3 House, garage, and one acre have same class rates and are generally treated the same as residential homestead. llt!~ to t(S~ cll/:iJi.fj~qtiQn1 r~t~s: Example: Suppose your home is valued at $90,000 and your local tax rate is 1.35 (135% of tax capacity) Then: Your Home's Tax Capacity = $90,000 times .01=$900 Your Property Tax = $900 times 1.35 = $1,215 ']Uk': ~." 'a":'" lit " ,,' ::~,. 'J - i; '._ _, ",C, ,,~,. :,,_, .,.;:',' ~, , ..~i~ .., ;: I~U~:~~1I:, : _,;7.~, "~ ~":_.< ,-g. "':l~~"/~l'5{~'Jf~;' : ' CATEGORICAL AID: Aid given to a local unit of government to be used only for a specific purpose. CIRCUIT BREAKER: See "Property Tax Refund." CLASS RATES: The percent of market value set by state law that establishes the property's tax capacity subject to the property tax. COUNTY PROGRAM AID: State property tax relief aid to counties, distributed with a formula based on needs (households on foodstamps, age of the population, number of serious crimes) and tax base equalization for counties with smaller tax bases. EDUCATION AID: The total amount of state dollars paid for K- 12 education. This aid is paid to the school districts. FISCAL DISPARITIES: A program in the Twin Cities metropolitan area and on the iron range in which a portion of the commercial and industrial property value of each city and township is contributed to a tax base sharing pool. Each city and township then receives a distribution of property value from the pool based on market value and population in each city. GENERAL PURPOSE AID: Aid given to units of government to be used a'ttheirown discretion. Examples are Local Government Aid and County Program Aid. HIGHWAY AID: Motor fuels tax and license tab money the state distributes to counties, cities and townships for highways and bridges. HOMESTEAD: A residence occupied by the owner. INDIVIDUALlNCOME TAX: A state tax on the income of residents and non-residents with Minnesota sources of income that is deposited into the state general fund. LEVY: The imposition of a tax, associated with the property tax. LEVY LIMIT: The amount a local unit of government is permitted to levy for specific services under state law. LIMITED MARKET VALUE: A state imposed limit on property value increases for the purpose of calculating propertytaxes. ASSOCIATION OF ~ LOCAL GOVERNMENT AID (LGA): A state government revenue sharing program for cities with low property wealth or high service burdens that is intended to provide an alternative to the property tax. LOCAL SALES TAX: A local tax, authorized by the state, levied on the sale of goods and services to be used for specific purposes by the local government. LOCAL TAX RATE: The tax rate usually expressed as a percentage of tax capacity, used to determine the property tax due on a property. MARKET V ALUE: An assessor's estimate of what property would be worth if it were sold. MARKET VALUE AGRICULTURE CREDIT: A state credit to reduce the property tax paid by agricultural homesteads to the local taxing jurisdiction. MARKET VALUE HOMESTEAD CREDIT: A state credit to reduce the property tax paid by a residential homestead to the local taxing jurisdiction. PROPERTY TAX: A tax levied on any kind of property. PROPERTY TAX REFUND: A partial property tax refund program for those who have property taxes out of proportion with their income. This program is available to homeowners and renters. SALES RATIO STUDY: A study conducted by the Department of Revenue of open market property sales, which is then compared to local assessments to ensure that local assessments adequately reflect the market. STATE GENERAL PROPERTY TAX: A state-imposed property tax on commercial, industrial, and seasonal recreational properties. STATE SALES TAX: A state tax (6.5%) levied on the sale of goods and services that is deposited into the state general fund. TAX CAPACITY: The valuation of property based on market value and class rates, on which property taxes are determined. November 2006 MINNESOTA COUNTIES www.mncounties.org T League of Minnesota Cities Cities promoting ~enence www.mnmsba.org www.lmnc.orq ... \ League of Minnesota Cities CU;es promoting ~ence ... 1.. THE MARKET VALUE OF A PROPERTY MAY CHANGE. . Each parcel of property is assessed at least once every five years and a sales ratio study is done to determine if the property is assess similarly to like properties. If not, the Commissioner of Revenue may issue an 'order' that would affect the taxable value of a parcel. . Additions and improvement made to a property generally increases its market value. THE MARKET VALUE OF OTHER PROPERTIES IN YOUR TAXING DISTRICT MAY CHANGE, SHIFTING TAXES FROM ONE PROPERTY TO ANOTHER. . If the market value of a property increases more or less than the average increase or decrease in a taxing district, the taxes on that property will also change. . New construction in a taxing district increases the tax base and will affect the district's tax rate. THE STATE GENERAL PROPERTY TAX MAY CHANGE. . The state legislature directly applies a State General Property Tax to commercial/industrial and season/recreational property classes. 4,.."'.','...... .~1' ..' ,,' s. 7' THE CITY BUDGET AND LEVY MAY CHANGE. } . Each year, cities review the needs and wants of their citizens and how to meet those needs and wants. This is called 'discretionary spending' in the city budget. Also included in the budget is non-discretionary spending which is required by state and federal mandates and court decisions and orders. THE TOWNSHIP BUDGET AND LEVY MAY CHANGE. . Each March, townships set the levy and budget for the next year. THE COUNTY BUDGET AND LEVY MAY CHANGE. . Each year, counties review the needs and wants of their citizens and how to meet those discretionary needs and wants. In addition, also included in the county budget is non- discretionary spending which is required by state and federal mandates and court decisions and orders. As much as sixty to eighty-five percent of the county expenditures are used to deliver mandated services. THE SCHOOL DISTRICT'S BUDGET AND LEVY MAY . CHANGE. . The Legisli:lture determines basic funding levels for K-12 education and mandates services that schools must perform. On average, approximately seventy percent of school costs are paid by the state., . Local school districts set levies for purposes including safe school and community education, etc. A SPECIAL DISTRICT'S BUDGET AND LEVY MAY CHANGE. . Special districts such as the Metropolitan Council, hospital districts, watershed districts, drainage districts, etc. set levies to balance their budgets. SPECIAL ASSESSMENTS MAY BE ADDED TO YOUR PROPERTY TAX BILL. . Water lines, curb and gutter, and street improvements that directly benefit your property may be funded,in whole or in part, through a special assessment that is added to your tax bill. ,- , 1",,' ."(J'/,\. VOTERS MAY HAVE APPROVED A SCHOOL, CITYI i'" ,A, TOWNSHIP, COUNTY, OR SPECIAL DISTRICT ..',." '.., .,' .. REFERENDUM. . Local referendums may be held for local government construction projects, excess operating levies for schools or many other purposes. . Referendum levies may be spread on the market value or the tax capacity of a property depending on process and type of referendum levy. 11 .. ~~~~~ELD. AND STATE MANDATES MAY HAVE . Both the state and federal governments require local governments to provide certain services and follow certain rules. These mandates often require an increase in the cost and level of service delivery. AID AND REVENUE FROM THE STATE AND FEDERAL "GOVERNMENTS MAY HAVE CHANGED. . Each year the state legislature reviews and adjusts the level of funding for a variety of aids provided to local governments including Local Government Aid and County Program Aid. The formulas for how aid is determined and distributed among local governments may have changed. . While direct aid and revenue from the federal government to local governments has declined greatly in recent years, federal revenue continues to be a key portion of the local government revenue stream and that revenue stream may have changed. THE STATE LEGISLATURE MAY HAVE CHANGED THE '.. PORTION OF THE TAX BASE PAID BY DIFFERENT TYPES OF PROPERTIES. . A change in class rates will require a change in the tax rate to raise the same amount of money. 14..~:'~:.R STATE LAW CHANGES MAY ADJUST THE TAX . Fiscal disparities, personal property taxes on utility properties, limited market value, and tax increment financing are example of laws that affect property taxes. G..~;.,,~' 'Dr ,&~Q.~ fIj""~"""e" fI_~ '. _ .;: c.''- .< -,,;; ',t," ',_ .i~' ""~~",' =i ,':. ::: "_C'.~ " :. .. ,,\I -"';'-' ~ '. "';. .;:; ,.. rbi;' /; f'" ;,;" f''' ~ > ,~' :.?J~' . .,.,_:>~-:~i" ..'~ ...~."' :. ..: ",,>~-!' /t ":';(. !~-' ~- " '_:'~' '0.$: _>::;'"A\'_{';;"(J,,:~A1 ~- &) .,:4.4' {'fr,';'" -~,-,:,'> 'Ii, A,.:",>__,;;J~' ~'. ',,;,.- CATEGORICAL AID: Aid given to a local unit of government to be used only for a specific purpose. CIRCUIT BREAKER: See "Property Tax Refund." CLASS RATES: The percent of market value set by state law that establishes the property's tax capacity subject to the property tax. COUNTY PROGRAM AID: State property tax relief aid tocounties, distributed with a formula based on needs (households on foodstamps, age of the population, number of serious crimes) and tax base equalization for counties with smaller tax bases. .' LOCAL GOVERNMENT AID (LGA): A state government revenue sharing program for cities with low property wealth or high service burdens that is intended to provide an alternative to the property tax. LOCAL SALES TAX: A loca I tax, authorized by the state, levied on the sale of goods and services to be used for specific purposes by the local government. LOCAL TAX RATE: The tax rate usually expressed as a percentage of tax capacity, used to determine the property tax due on a property. MARKET VALUE: An assessor's estimate of what property EDUCATION AID: The total amount of state dollars paid for K- would be worth if it were sold. 12 education. This aid is paid to the school districts. FISCAL DISPARITIES: A program in the Twin Cities metropolitan area and on the iron range in which a portion of the commercial and industrial property value of each city and township is contributed to a tax base sharing pool. Each city and township then r.eceives a distribution of property value from the pool based on market value and population in each city. GENERAL PURPOSE AID: Aid given to units ofgovernmentto be used at their own discretion. Examples are Local Government Aid and County Program Aid. HIGHWAY AID: Motor fuels tax and license tab money the state distributes to counties, cities and townships for highways and bridges. HOMESTEAD: A residence occupied by the owner. INDIVIDUAL INCOME TAX: A state tax on the income of residents and non-residents with Minnesota sources of income that is deposited into the state general fund. LEVY: The imposition of a tax, associated with the property tax. LEVY LIMIT: The amount a local unit of government is permitted to levy for specific services under state law. LIMITED MARKET VALUE: A state imposed limit on property value increases for the purpose of calculating property t<;lxes. ASSOCIATION OF MARKET VALUE AGRICULTURE CREDIT: A state credit to reduce the property tax paid by agricultural homesteads to the local taxing jurisdiction. MARKET VALUE HOMESTEAD CREDIT: A state credit to reduce the property tax paid by a residential homestead to the local taxing jurisdiction. PROPERTY TAX: A tax levied on any kind of property. PROPERTY TAX REFUND: A partial property tax refund program for those who have property taxes out of proportion with their income. This program is available to homeowners and renters. SALES RATIO STUDY: A study conducted by the Department of Revenue of open market property sales, which is then compared to local assessments to ensure that local assessments adequately reflect the market. STATE GENERAL PROPERTY TAX: A state-imposed property tax on commercial, industrial, and seasonal recreational properties. STATE SALES TAX: A state tax (6.5%) levied on the sale of goods and services that is deposited into the state general fund. TAX CAPACITY: The valuation of property based on market value and class rates, on which property taxes are determined. November 2006 MINNESOTA COUNTIES LMC ... League of Minnesota Cities Cities promoting exceHence www.mncounties.org www.mnmsba.orQ www.lmnc.org I~ r ~ ~ ~.~ ~. ~~ I I b t: g ~ t ~ ~ i , P""R Ii ~~ ~ It ~ ~ k ~ r ft ~ t ~ Ii- ~ <1\ I' -k E \ ~ ~ h' R, t ~ ~-.- r;; 1'-F,f r g ~ ~pr n:. ~l ~ ~ 1_ kt b B h lfF> Ci- r" ~ & ~ ~ r.. tt~ R~~trt ~. r Jf . r t. p h kl'h- I 6~ .~ ~ ~ I 1\l r r f I I f I \ \ \ 1 \ I I \ \ I 1\ \ .:11 (ll (r) C) .p, -+ 1.,;1 o.~ ...,. '.':1 t~ ~ f f ~~t\ C , I I . ........ ~ \ r.;.,v, \ \' 0' ~ ~ ~ 00f