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CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO. R153-06
A RESOLUTION APPROVING THE CONDITIONAL USE PERMIT REQUEST OF SAMBULSA OF
MINNESOTA, INC. TO PERMIT A CHURCH IN A RESIDENTIAL DISTRICT AT 475 ANDOVER
BOULEVARD NW.
WHEREAS, Sambulsa of Minnesota, Inc. has applied to locate a church in a residential district; and
WHEREAS, Chapter 12-12 of the Andover City Code "Permitted, Conditional, and Prohibited Uses" lists
Church as a Conditional Use in residential zoning districts; and
WHEREAS, the Planning and Zoning Commission finds the request would not have a detrimental effect
upon the health, safety, morals, and general welfare ofthe City of Andover; and
WHEREAS, the Planning and Zoning Commission recommends to the City Council approval of the
Conditional Use Permit as requested.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby agrees
with the recommendation ofthe Planning and Zoning Commission and approves the Conditional Use
Permit to permit a church on said property, subject to the following conditions:
1) The addition to the exiting house at 475 Andover Boulevard must be constructed to the
specifications on the documents dated November 7, 2006, or as modified by the Building
Department.
2) All changes, modifications, and improvements at 475 Andover Boulevard proposed to be made
as part of this application shall be subject to review and approval through the Commercial Site
Plan process.
3) No church services may take place at 475 Andover Boulevard before all site and building
improvements identified in the Commercial Site Plan review process have been completed.
4) The proposed church must conform to all local and state building and zoning codes.
5) If the City Engineer requires a Traffic Impact Study, all study recommendations will become
conditions of this Conditional Use Permit.
6) The off-street parking that is provided is the minimum necessary based on what the
representatives ofthe Sambulsa Buddhist Temple have represented as needed at this time.
Should there be an expansion ofthe members that regularly attend, the City shall require the
parking area to be expanded to meet the peak parking needs.
Adopted by the City Council of the City of Andover on this 19th day of December, 2006.
CITY OF ANDOVER
AT2,ST:
L ~ ()ffi
Victoria V olk, City Clerk
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RESOLUTION NO. 152-06
A RESOLUTION TO ADOPT THE ANOKA COUNTY MULTI-JURISDICTIONAL
HAZARD MITIGATION PLAN
~
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WHEREAS, the State of Minnesota has ordained that every county and
incorporated municipality in the state is required to have a Hazard Mitigation Plan
approved by the Minnesota Department of Homeland Security and Emergency
Management, to maintain eligibility for state disaster assistance after November 2004;
and
~
WHEREAS, the Federal Emergency Management Agency (FEMA) under the
Disaster Mitigation Act of 2000 has ordained that every county and incorporated
municipality within the county is required to have a Hazard Mitigation Plan approved by
FEMA in order to be eligible for Hazard Mitigation Grant Program Funding for
Presidential disasters declared after November 2004; and
~
WHEREAS, under the Disaster Mitigation Act of2000, the Federal Emergency
Management Agency (FEMA) has issued an Interim Final Rule that details the minimum
criteria for local hazard mitigation plans; and
'"
WHEREAS, the City of Andover agrees with the concept of and necessity for
hazard mitigation planning; and
j
i
WHEREAS, The Anoka County Hazard Mitigation Planning Committee
recommends the adoption of the Anoka County Multi - Jurisdictional Hazard Mitigation
Plan; and
...
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Whereas, the Minnesota Department of Homeland Security and Emergency
Management and the Federal Emergency Management Agency have conducted a review
of and approved the Anoka County Multi - Jurisdictional Hazard Mitigation Plan; and
WHEREAS, the Anoka County Board of Commissioners formally adapted the
Anoka County Multi - Jurisdictional Hazard Mitigation Plan on November 28, 2006.
NOW, THEREFORE, BE IT RESOLVED that the City of Andover hereby adopt
the Anoka County Multi - Jurisdictional Hazard Mitigation Plan as submitted this 19th
day of December, 2006
Adopted by the City Council of the City of Andover this 19th day of December, 2006
CITY OF ANDOVER
Attest:
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Victoria V olk - City Clerk
~
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO. R148-06
A RESOLUTION UPDATING CERTIFIED BONDED INDEBTEDNESS FOR 2007.
WHEREAS, the preparation and adoption of budgets is recognized as sound [mancial practice; and
WHEREAS, the City of Andover has the responsibility to appropriately and efficiently manage the public's
funds; and
WHEREAS, the City of Andover has determined that it is prudent to update certified bonded indebtedness
levies for 2006; and
WHEREAS, the Anoka County Property Records and Taxation Division is requiring a City Council resolution
updating bonded indebtedness levies that would have been certified Anoka County as part of prior year bond sales.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Andover hereby updates all or a
portion of previously certified bonded indebtedness levies for 2007 as listed on Attachment A.
Adopted by the City of Andover this 19th day of December 2006.
CITY OF ANDOVER
ATTEST:
~____ tJdo
Victoria V olk - City Clerk
,
STATE OF MINNESOTA)
COUNTYOFANOKA )
CITY OF ANDOVER )
I, the undersigned, being the duly qualified and acting City Clerk of the City of Andover, Minnesota, do hereby certifY
that I have carefully compared the attached Resolution No. R148-06 adopting the City of Andover updates of all or a
portion of previously certified bonded indebtedness levies for 2007 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 19th day of December 2006.
/1;t-~a./b
Victoria V olk - City Clerk
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO 147-06
A RESOLUTION ADOPTING 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
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
General Fund
Special Revenue Funds
Debt Service Funds
Capital Projects Funds
Enterprise Funds
Internal Service Funds
Adopted by the City of Andover this 19th day of December 2006.
ATTEST:
cLt;,~/ (Jo-It
Victoria V olk - 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.R147-06 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 subscribed my hand this 19lh day of December 2006.
~(j4
Victoria V olk - City Clerk
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO. 146-06
MOTION by Council member
Jacobson
to adopt the following:
A RESOLUTION ACCEPTING FEASIBILITY REPORT AND CALLING PUBLIC
HEARING ON IMPROVEMENTS OF 2007 OVERLAYS, PROJECT NO. 07-2 IN
THE AREA OF INDIAN MEADOWS 3RD ADDITION. KELSEY ESTATES &
WOODLAND RIDGE.
WHEREAS, pursuant to Resolution No. 027-06, adopted the 8th day of
November ,2006 a Feasibility Report has been prepared by the Citv Enqineer for
the improvements: and
WHEREAS, such report was received by the City Council on the 19th
day of December , 2006; and
WHEREAS, such report declared the proposed assessment to be feasible
for an estimated project cost of $ 1.084.456.76.
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. 07-2, for
, the improvements.
2. The Council will consider the improvements in accordance with the report and
the assessment of abutting property for all or a portion of the improvement
pursuant to Minnesota Statutes Chapter 429 at an estimated total cost of the
improvement of $ 1,084.456.76.
3. A public hearing shall be held on such proposed improvement on the 16th day
of Januarv. 2007 in the Council Chambers of the City Hall at 7:00 PM and the
Clerk shall give mailed and published notice of such hearing and improvement
as required by law.
MOTION seconded by Councilmember Trude
and adopted by the
City Council at a reoular meeting this 19th
day of December ,2006, with
Councilmembers Jacobson. Trude. Knioht. Ortlel. Gamache
in favor of the resolution, and Councilmembers none
voting
voting against, whereupon said resolution was declared passed.
ATTEST:
CITY OF ANDOVER
/
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Victoria Volk - City Clerk
o
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO. 145-06
MOTION by Councilmember
Gamache
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 an urban district or on a town road in a rural 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
o
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 Councilmember Kniaht and adopted by the
City Council at a reaular meeting this 5th day of December ,2006, with
Councilmembers Gamache. Kniaht. Orttel. Trude. Jacobson
voting in favor of the resolution, and Councilmembers none
voting against, whereupon said resolution was declared passed.
o
ATTEST:
~UdU
Victoria Volk - City Clerk
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 S, 2006 at 7: 00 o'clock P.M.
The following members were present: Jacobson, Knight, Orttel, Gamache, Trude
and the following were absent: None
Member T"C'oh",on introduced the following resolution and moved its adoption:
RESOLUTION R144-06
RESOLUTION RELATING TO $6,865,000 PUBLIC FACILITY LEASE REVENUE
REFUNDING BONDS, SERIES 2007 (CITY OF ANDOVER COMMUNITY CENTER) AND
AUTHORIZING TIlE EXECUTION AND DELIVERY OF A FIRST AMENDMENT TO
LEASE AGREEMENT, MEMORANDUM OF LEASE AND CONTINUING DISCLOSURE
UNDERTAKlNG
WHEREAS, the City of Andover, Minnesota (the "City"), is authorized, pursuant to
Minnesota Statutes, Section 465.71, to enter into lease pmchase agreements; and
WHEREAS, the Economic Development Authority of the City of Andover, Minnesota, a
body corporate and politic (the "Authority"), bas 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 outStauiling portion of
the February 1, 2015 and later maturities, aggregating $6,700,000 in principal amount, of the
2004 Bonds (the "Prior Bonds"), on February 1,2014, by means of a 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 Refimding, (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
Counci). 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.
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 Suoolemental 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. Contin1l1mr 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 financial
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 financial 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 insubstantially 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 (Hi) 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
(;oun~eL certified conies of all oroceedings and records of the City relating to the Bonds, and
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
Knigh t , and upon vote being taken thereon the following voted in favor thereof:
Jacobson, Knight, Orttel, Gamache, Trude
and the following voted against the same:
None
whereupon the resolution was declared duly passed and adopted.
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO. R143-06
MOTION by Councilmember Orttel 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 brr Councilmember Jacobson and adopted by the City Council at a
regular meeting this 5 h day of December, 2006 , with Councilmembers Jacobson, Knight,
Gamache, Trude, and o rtte I voting in favor of the resolution, and no Councilmembers
voting against, whereupon said resolution was declared passed.
ATTEST:
~J ()dL/
Victoria Volk - City Clerk
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO. R142-06
A RESOLUTION DENYING A VARIANCE TO CITY CODE 12-13-9 TO ALLOW A
DRNEW A Y EASEMENT TO PROVIDE ACCESS ACROSS PRN ATE 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 h~ 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.
WHEREAS, after review of the variance request the Council fmds the following;
,
1. Anoka County paid full market value for the property and structure as a part of the Round
Lake Bo:ulevard 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, 13 5th Avenue NW and planned
for the subject property to be combined with property to the south as indicated in the
Property Disposition Plan prepared for the Round Lake Boulevard Reconstruction Project
by Anoka County.
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 ofthe 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 ofthe City of Andover on this 5th day of December, 2006.
ATTEST:
{L~ /)4
Victoria V olk, City Clerk
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO R141-06
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 financial practice; and
WHEREAS, the City of Andover has the responsibility to appropriately and efficiently manage the public's funds; and
WHEREAS, the City of Andover has 1he responsibility to appropriately and efficiently manage the public's
infrastructure and equipment; and
NOW, THEREFORE, BE IT RESOLVED that the City Council of1he City of Andover hereby adopts 1he 2007-2011 City of
Andover Capital Improvement Plan.
Adopted by the City of Andover this Stb day of December 2006.
ATIEST:
II --/;;" IJ dL
UA~ A~ ' .
Victoria V olk - City Clerk
CITY OF ANDO~
~~~
Chael R. Garmi e - May,or
o
o
o
MOTION by Councilmember
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO. 140-06
Trude
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 Auoust ,2005, order the
preparation of a feasibility study for the improvement; and
WHEREAS, such feasibility study was prepared by the Citv Enqineer and
presented to the Council on the 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 Jacobson and adopted by the City Council
at a reoular meeting this 5th day of December ,2006, with
Councilmembers Gamache, Knioht. Ortlel, Trude, Jacobson voting
in favor of the resolution, and Councilmembers none
voting against, whereupon said resolution was declared passed.
CITY OF ANDOVER
ATTEST:
~/~
Ichael R. Gamache - Mayor
~(j~
Victoria Volk - City Clerk
,
o
o
o
EXTRACT OF MINUTES OF A MEETING
CITY COUNCIL OF THE
CITY OF ANDOVER, MlNNESOT A
HELD: November 21, 2006
Resolution R139~06
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 HaIl in the City of
Andover, Minnesota, on November 21,2006 at 7:00 o'clock P.M.
The following members were present: Don Jacobson, Mike Knight, Mike Gamache,
Ken Orttel, Julie Trude
and the following were absent: None
Member Trude
introduced the following resolution and moved its adoption:
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
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, the Authority proposes to refund a portion of the February 1,2015 and later
maturities, aggregating approximately $9,755,000 in principal amount, of the 2004 Bonds (the
"Prior Bonds"), on February 1,2014, by means of a crossover refunding (the "Refunding") and
to provide funds for the Refunding, the Authority proposes to issue its $10,000,000 Public
Facility Lease Revenue Refunding Bonds, Series 2006 (City of Andover Community Center), to
be dated December 1,2006 (the "Bonds"), pursuant to a Mortgage and Security Agreement and
Indenture of Trust between the Authority and the Trustee, to be dated as of December 1, 2006
(the "Indenture"); and
1955141v3
o WHEREAS, the Bonds will be secured by a pledge and assignment of certain rights of
the Authority under a Lease Agreement, to be entered into between the Authority and the City, to
be dated as of December 1, 2006 (the "Lease") and will also be secured by the revenues to be
derived by the Authority from the Project and pursuant to the Lease, the Authority grants to the
Trustee a mortgage interest in the Project with certain reservations; and
WHEREAS, the Authority and U.S. Bank National Association, in 81. Paul, Minnesota
(the "Escrow Agent''), will enter into an Escrow Agreement, to be dated December 1,2006 (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, 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 (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 "Rille") 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;
o
NOW, TIffiREFORE, 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. 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;
(b) Memorandum of Lease; and
(c) Continuing Disclosure Undertaking.
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.
o
3. Approval of Indenture. The City hereby approves the Indenture and the Bonds
described therein and the Escrow Agreement (collectively the "Related Documents") in
substantially the forms submitted to the City.
1955141v3
2
o 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 15c2-l2 (the "Rule"),
promulgated by the Securities and Ex~hange 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 financial
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 financial information with respect to the City described in the
Continuing Disclosure Agreement.
o
(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 t6 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
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.
o
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
1955J41v3
3
Q 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.
o
o
The motion for the adoption of the foregoing resolution was duly seconded by member
Knight, and upon vote being taken thereon the following voted in favor thereof: Don
Jacobson, Mike Knight, Mike Gamache, Ken Orttel, Julie Trude
and the following voted against the same: None
whereupon the resolution was declared duly passed and adopted.
1955141v3
4
o
o
o
STATE OF MINNESOTA )
COUNTY OF ANOKA ) SS
CITY OF ANDOVER )
1, 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 Lease Agreement, a Memorandum of Lease and a
Continuing Disclosure Undertaking.
'NITNESS my hand on November 21,2006.
I
.//1)' .J-,,~'_> ;' I'
{.!...../,,'i-~ j-(.i~
Clerk
1955J41v3
5
o
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO. 138-06.
A RESOLUTION REQUESTING A SPEED STUDY FOR TULIP STREET NW FROM
161sT AVENUE NW TO VALLEY DRIVE NW LOCATED IN SECTIONS 8 & 17,
TOWNSHIP 32, RANGE 24 IN THE CITY OF ANDOVER.
WHEREAS, the Minnesota Department of Transportation is requested to do a
speed study, and;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Andover to hereby request a study with MnDOT for Tulip Street NW from 1615t
Avenue NW to Valley Drive NW.
Adopted by the City Council of the City of Andover this 215t
November, 2006.
day of
o
CITY OF ANDOVER
ATTEST:
~ t//LJ
Victoria Volk - City Clerk
o
o
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO. 137-06
MOTION by Councilmember
Jacobson
to adopt the following:
A RESOLUTION TERMINATING PROJECT NO. 06-45, 14430 CROSSTOWN
BOULEVARD NW.
WHEREAS, the City Council had previously approved Project 06-45, 14430
Crosstown Boulevard NW, sanitary sewer and water main; and
WHEREAS, the property owner has requested the project be terminated.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
. 0 Andover to hereby terminate Project 06-45, 14430 Crosstown Boulevard NW .
MOTION seconded by Councilmember Trude
and adopted by the
City Council at a reaular
meeting this 21st day of November ,2006, with
Councilmembers Jacobson. Trude. Kniaht. Ortie!. Gamache voting in favor of
the resolution, and Councilmembers
voting
none
against, whereupon said resolution was declared passed.
CITY OF ANDOVER
ATTEST:
Il;t;:~ I//b
Victoria Volk - City Clerk
o
o
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO. R136-06
A RESOLUTION APPROVING THE LOT SPLIT REQUEST OF THE ANDOVER ECONOMIC
DEVELOPMENT AUTHORITY TO SUBDIVIDE A COMMERCIAL LOT INTO TWO
COMMERCIAL LOTS FOR PROPERTY LOCATED NORTHWEST OF THE INTERSECTION
OF HANSON AND BUNKER LAKE BOULEVARDS AND LEGALLY DESCRIBED AS:
Lot 24, Block 1, PARKS IDE AT ANDOVER STATION, according to the recorded plat thereof,
Anoka County, Minnesota. Subject to easements of record.
To be divided into properties to be described as;
That part of Lot 24, Block 1, PARKS IDE AT ANDOVER STATION, according to the recorded plat
thereof, Anoka County, Minnesota, lying southwesterly of the following described line:
PARCEL A: Beginning at a point on the northwesterly line of said Lot 24, distant 202.83 feet
northeasterly of the northeast comer of Lot 23, Block 1, said PARKS IDE AT ANDOVER
STATION, thence southeasterly, perpendicular to said northwesterly line a distance of219.27 to the
southeasterly line of said Lot 24 and there terminating.
o Subject to easements of record.
PARCEL B: That part of Lot 24, Block 1, PARKS IDE AT ANDOVER STATION, according to the
recorded plat thereof, Anoka County, Minnesota, lying northeasterly of the following described line
and its northwesterly and southeasterly extensions:
Beginning at a point on the northwesterly line of said Lot 24, distant 202.83 feet northeasterly of the
northeast comer of Lot 23, Block 1, said PARKS IDE AT ANDOVER STATION, thence
southeasterly, perpendicular to said northwesterly line a distance of 219.27 to the southeasterly line
of said Lot 24 and there terminating.
Subject to easements of record.
WHEREAS, the Andover Economic Development Authority, the applicant, has requested approval of
a lot split to subdivide a commercial property pursuant to City Code 13-1; and
WHEREAS, The Planning and Zoning Commission has reviewed the request and has determined that
said request meets all requirements of City Code 13-1 Splitting Lots, Parcels or Tracts of Land; and
WHEREAS, a public hearing was held pursuant to state statutes; and
o
WHEREAS, the Planning and Zoning Commission recommends to the City Council approval of the
lot split as requested.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby
agrees with the recommendation of the Planning and Zoning Commission and approves the lot split
o on said property subject to the following conditions:
1. The applicant shall file separate easement documents with Anoka County granting a drainage
and utility easement on parcel B as shown on Exhibit A
2. A cross access agreement allowing access between parcels A and B in perpetuity shall be
recorded with Anoka County.
3. Park dedication fees equal to 10% ofthe sale price of the land shall be paid at the time that the
lots are sold.
4. The lot split shall be subject to a sunset clause as defined in City Code Chapter 13-1-6- F.
Adopted by the City Council of the City of Andover on this 21 st day of November 2006.
CITY OF ANDOVER
AT. fEST:
~r1~
Victoria V olk, City Clerk
o
o
o
o
o
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO. R135-06
A RESOLUTION APPROVING THE LOT SPLIT REQUEST OF THE ANDOVER ECONOMIC
DEVELOPMENT AUTHORITY TO SUBDIVIDE A COMMERCIAL LOT INTO TWO
COMMERCIAL LOTS FOR PROPERTY LOCATED NORTHWEST OF THE INTERSECTION OF
HANSON AND BUNKER LAKE BOULEVARDS AND LEGALLY DESCRIBED AS:
Lot I, Block 3, ANDOVER STATION NORTH, according to the recorded plat thereof, Anoka County,
Minnesota. Subject to easements of record.
To be divided into properties to be described as;
PARCEL A: The west 318.24 feet of Lot I, Block 3, ANDOVER STATION NORTH, according to the
recorded plat thereof, Anoka County, Minnesota. Subject to easements of record.
PARCEL B: That part of Lot I, Block 3, ANDOVER STATION NORTH, according to the recorded plat
thereof, Anoka County, Minnesota, lying east of the west 318.24 feet thereof. Subject to easements of
record.
WHEREAS, the Andover Economic Development Authority, the applicant, has requested approval of a
lot split to subdivide a commercial property pursuant to City Code 13-1; and
WHEREAS, The Planning and Zoning Commission has reviewed the request and has determined that
said request meets all requirements of City Code 13-1 Splitting Lots, Parcels or Tracts of Land; and
WHEREAS, a public hearing was held pursuant to state statutes; and
WHEREAS, the Planning and Zoning Commission recommends to the City Council approval of the lot
split as requested.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby agrees
with the recommendation of the Planning and Zoning Commission and approves the lot split on said
property subject to the following conditions:
1. The applicant shall file separate easement documents with Anoka County granting easements as
shown on Exhibit A
2. A cross access agreement allowing access between parcels A and B in perpetuity shall be
recorded with Anoka County.
3. Park dedication fees equal to 10% of the sale price ofthe land shall be paid at the time that the
lots are sold.
4. The lot split shall be subject to a sunset clause as defined in City Code Chapter 13-1-6-F.
Adopted by the City Council of the City of Andover on this 21 st day of November 2006.
CITY OF ANDOVER
ATTEST: I} hI,
~ U,rU./
Victoria Volk, City Clerk
o
CITY OF ANDOVER
COUNTYOFANOKA
STATE OF MINNESOTA
RES. NO. R134-06
A RESOLUTION DENYING THE VARIANCE REQUEST FOR DANIEL MUS TO
VARY FROM CITY CODE SECTION 9-4-5-A ON PROPERTY LOCATED AT 16659
EL DORADO STREET NW (07-32-24-44-0021) AND LEGALLY DESCRIBED AS:
That part of the southeast 1/4 of the southeast 1/4 of Section 7, Township 32, Range 24
described as follows: commencing at the southeast comer of said 1/4 1/4, then west along
the south line thereof 825 feet, then north 792 feet to the point of beginning; then east 495
feet, then south 92 feet, then east 319.35 feet more or less to the east line of said 1/4 1/4,
then northerly along said east line 604.84 feet more or less to the northeast comer of said
1/4 1/4, then westerly along the north line of said 1/4 1/4805.04 feet more or less to an
intersection with a line bearing north from the point of beginning, then south 514.10 feet
more or less to the point of beginning, subject to easements of record.
WHEREAS, Daniel Mus has requested a variance for the subject property from City
Code section 9-4-5-A pertaining to fencing requirements for outdoor swimming pools,
and;
o
WHEREAS, the Planning and Zoning Commission finds by a majority vote that the
findings provided by the applicant do not constitute a hardship, and;
WHEREAS, the Planning and Zoning Commission recommends to the City Council
denial of the variance as requested, and;
WHEREAS, the City Council finds that the variance would be detrimental to the health,
safety or welfare of surrounding properties, and;
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover
hereby agrees with the recommendation ofthe Planning and Zoning Commission and
denies the variance on said property based on the fact that findings could not be made to
justify the granting of the variance and no hardship exists.
Adopted by the City Council of the City of Andover on this 8th day of November 2006.
CITY OF ANDOVER
ATTEST:
o
~Odb
Victoria V olk, City Clerk
.-
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO. R133-06
A RESOLUTION ADOPTING THE ASSESSMENT ROLL FOR THE CERTIFICATION OF
DELINQUENT SEWER. WATER. STORM SEWER.. STREET LIGHTING CHARGES
AND/OR MOWlNG FEES.
WHEREAS, pursuant to a proper notice duly given as required by law, the council bas
met, heard and passed upon all objections to the proposed assessment for the delinquent sewer,
water, storm sewer, street lighting charges and/or mowing fees.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF ANDOVER.
MINNESOTA:
1. Such proposed assessment, a copy of which is attached hereto and made part hereof, is
hereby accepted and shall constitute the special assessment against the lands named therein. and
each tract of land therein included is hereby found to be benefited by the proposed improvement
in the amount of the assessment levied against it.
2. Such assessment shall be payable in one annual installment on or before the first
Monday of January, 2007 and shall bear interest at the rate of 8 percent per year.
3. The owners of any property so assessed may, at any time prior to certification of the
assessment to the County Auditor, pay the whole of the assessment on such property with interest
accrued to the date of payment, except that no interest shall be charged if the entire assessment is
paid within 30 days from the adoption of the resolution.
Adopted by the City Council of the City of Andover on this 8th day of November, 2006.
CITY OF ANDOVER
ATTEST:
1.J;:~ tJ.4
Victoria V olk - City Clerk
1P~
City of Andover
2006 Delinquent Utilities
Amount (including
PIN Address 23%)
09-32-24-41-0005 2569 168TH LN NW 19.64
12-32-25-21-0007 5259172NDAVE NW 18.38
12-32-25-24-0002 5347 169TH LN NW 163.11
12-32-25-34-0003 16622 MANITEAU ST NW 145.57
14-32-24-13-0009 1076161ST LN NW 31.59
14-32-24-31-0017 15932 YELLOWPINE ST NW 262.11
14-32-24-31-0032 16000 YELLOWPINE ST NW 134.18
14-32-24-32-0061 1505 160TH AVE NW 249.80
14-32-24-33-0019 1501158TH U\NE NW 377.51
14-32-24-41-0030 15939 SYCAMORE ST NW 26.38
14-32-24-41-0039 881160TH LN NW 34.38
14-32-24-43-0088 15953 VALE ST NW 128.66
14-32-24-44-0015 910 158THAVE NW 17.92
17-32-24-14-0009 16177 NARCISSUS ST NW 59.83
20-32-24-44-0003 15012 ROUND lAKE BLVD NW 15.73
22-32-24-31-0012 2089151ST LN NW 283.36
23-32-24-23-0016 1494153RD LN NW 423.03
23-32-24-23-0084 1511154THAVENW 131.50
23-32-24-24-0055 1360 153RD LN NW 460.92
23-32-24-34-0014 15120 AVOCET ST NW 74.53
25-32-24-31-0003 510 ANDOVER BLVD NW 30.44
26-32-24-13-0002 1049 ANDOVER BLVD NW 23.09
26-32-24-22-0049 1490 148TH AVE NW 146.90
26-32-24-23-0013 1541146TH LN NW 78.42
26-32-24-23-0024 14540 DRAKE ST NW 121.92
26-32-24-31-0034 1377 142ND AVE NW 229.73
26-32-24-32-0013 14387 CRANE ST NW 56.80
26-32-24-32-0014 14369 CRANE ST NW 163.71
26-32-24-42-0066 14336 VALE ST NW 654.96
26-32-24-42-0067 1093 144TH LN NW 300.56
26-32-24-42-0079 14382 WINTERGREEN ST NW 212.14
27-32-24-33-0061 14307 RAVEN ST NW 103.44
27-32-24-34-0078 2068 142ND AVE NW 133.31
27-32-24-41-0099 14389 HUMMINGBIRD ST NW 182.78
27-32-24-41-0104 14413 HUMMINGBIRD ST NW 21.60
27-32-24-41-0107 14429 HUMMINGBIRD ST NW 396.56
26-32-24-34-0056 2909 141ST AVE NW 71.25
29-32-24-13-0006 14526 R.OUND lAKE BLVD NW 117.81
29-32-24-32-0020 14450 AZTEC ST NW 121.19
29-32-24-34-0047 14249 UNDERCLlFT ST NW 113.15
29-32-24-41-0042 14481 JONQUIL ST NW 341.09
29-32-24-42-0013 14325 ROUND LAKE BLVD NW 414.46
29-32-24-42-0054 3559144THAVE NW 157.19
29-32-24-43-0025 3437 141ST LN NW . 73.82
29-32-24-44-0010 14149 ORCHID ST NW 761.99
30-32-24-14,0075 4122 145TH LN NW 311.03
32-32-24-12-0031 3438 139TH LN NW 236.27
32-32-24-13-0022 13847 SILVER.OD CT NW 377.29
32-32-24-14-0038 3296139TH AVE NW 499.11
32-32-24-22-0067 3900 139TH LN NW 243.37
32-32-24-24-0055 13804 VINTAGE CT NW 678.00
32-32-24-41-0019 13564 NARCISSUS ST NW 35.18
32-32-24-41-0038 13533 NARCISSUS ST NW 233.15
32-32-24-42-0020 3501 135TH LN NW 78.38
32-32-24-42-0033 3531 136TH AVE NW 154.80
32-32-24-43-0036 13327 SILVEROD CT NW 104.05
32-32-24-43-0065 3523 133RD lANE NW 145.57
32-32-24-43-0079 13340 POPPY ST NW 289.20
33-32-24-11-0020 14003 YUKON ST NW 308.46
33-32-24-12-0033 2709 140TH AVE NW 36.96
33-32-24-12-0036 2644 140TH AVE NW 15.15
33-32-24-13-0024 13818 CROSSTOWN OR NW 361.16
33-32-24-13-0046 13733 CROSSTOWN DV NW 92.04
33-32-24-14-0008 2515 138TH AVE NW 481.83
33-32-24-32-0035 3160 BUNKER LAKE BLVD NW 93.78
33-32-2441-0040 2449 136TH LN NW 133.31
33-32-2443-0047 13423 CROOKED LAKE BLVD NW 417.17
33-32-2443-0072 13473 CROOKED LAKE BLVD NW 318.29
33-32-24--44-0007 2439 135TH AVE NW 164.03
33-32-24--44-0032 2539 134TH AVE NW 347.09
34-32-24-21-0001 2101 140TH LN NW 197.99
34-32-24-21-0014 2064 140TH LN NW 436.77
34-32-24-21-0015 2110 140TH LN NW 102.05
34-32-24-21-0016 2118140TH LN NW 595.21
34-32-24-21-0017 2128 140TH LN NW 169.06
34-32-24-22-0017 13917 UPLANDER ST NW 167.74
34-32-24-24-0061 13762 PARTRIDGE ST NW . 168.18
34-32-24-33-0031 13320 THRUSH ST NW 163.12
34-32-24-34-0069 2167135TH IN NW 151.31
34-32-2443-0047 1887134TH AVE NW 332.68
34-32-2443-0059 1896 134TH AVE NW 68.03
34-32-2443-0086 1859135TH AVE NW 136.05
34-32-2443-0099 13494 MARTIN ST NW 13.41
34-32-2443-0124 1952 135TH AVE NW 220.73
34-32-2443-0125 1962 135TH AVE NW 214.67
34-32-2443-0137 13476 MARTIN ST NW 171.33
34-32-24-44-0029 13472 IBIS ST NW 145.57
35-32-24-13-0024 1160 137TH LN NW 33.62
35-32-24-14-0048 13849 PALM ST NW 488.57
36-32-24-21-0070 14021 HOllY ST NW 1 ,359.29
36-32-24-22-0014 13982 NORWAY ST NW 400.65
36-32-24-24-0021 445 137TH IN NW 624.57
TOTAL 20,601.71
o
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RESOLUTION R132-06
A RESOLUTION CANVASSING THE RETURNS OF THE MUNICIPAL ELECTION
HELD ON THE 7TH DAY OF NOVEMBER, 2006 IN THE CITY OF ANDOVER,
ANOKA COUNTY, MINNESOTA.
The Municipal Election was held in and for the City of Andover on the 7th day of
November, 2006 and was in all respects duly and legally canvassed; and the votes
received for each candidate are shown on the attached.
The following are hereby declared and certified as those elected:
Mayor - Mike Gamache (2-year term)
Councilmembers - Don Jacobson; Julie Trude (4-year terms)
o
BE IT FURTHER RESOLVED that no irregularities were noted.
The summary of the voter results is hereby attached and made part of this resolution.
Adopted by the City Council of the City of Andover this 8th day of November, 2006.
CITY OF ANDOVER
ATTEST:
1:1t
~().d
Victoria V olk - City Clerk
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EXTRACT OF MINUTES OF A MEETING OF
THE CITY COUNCIL OF THE
CITY OF ANDOVER, MINNESOTA
HELD: November -.lL, 2006
Pursuant to due call and notice thereof, a special or regular meeting of the City Council
of the City of Andover, Minnesota, was called and held at the City Hall on November ~ 2006,
at 7: 00 o'clockP_.M.
The following members were present: Mike Gamache, Mike Knight, Ken Orttel,
Don Jacobson, Julie Trude
and the following were absent:
None
The City Clerk presented affidavits of posting and publication of a Notice of Election
held in accordance with the resolution adopted on September 5, 2006, authorizing the election to
vote on the question of the City of Andover issuing bonds in an amount not to exceed
$2,000,000, to fmance the acquisition of land from willing sellers for the preservation of natural
areas, water and air quality and wildlife habitat, for which spending would be subject to an
annual audit, and also presented the official returns of the judges of election. Said affidavits and
returns were duly examined, approved and ordered placed on file in the office of the City Clerk.
Member .Tacoh,wn introduced the following resolution and moved its
adoption: R13Z-06
RESOLUTION CANVASSING RETURNS OF ELECTION
BE IT RESOLVED by the City Council of the City of Andover, Anoka County,
Minnesota (the "City"), that it is hereby found, determined and declared that the election held in
and for the City on November 7, 2006, was in all respects duly and legally called and held and
the returns thereof have been duly canvassed, and the votes cast at the election for and against
the following question were as follows:
"Shall the City of Andover, Minnesota, be authorized to issue its
general obligation bonds in an amount not to exceed $2,000,000 to
finance the acquisition of land from willing sellers for the
preservation of natural areas, water and air quality and wildlife
habitat? Spending would be subject to an annual audit."
Votes YES /\,794
Votes NO 5.818
Spoiled or Blank Ballots 0
Total Votes 1Z,6fZ
and said proposition, having received the approval of a majority of the votes cast thereon, is
hereby declared to have carried.
1938824vl
The motion for the adoption of the foregoing resolution was duly seconded by member
Ti"ni~ht. . and, after full discussion thereof and upon a vote being taken thereon,
thefolowmgvotedmfavorthereof: Gamache, Orttel, Trude, Jacobson, Knight
and the following voted against the same: none
Whereupon the resolution was declared duly passed and adopted.
1938824vl 2
STATE OF MINNESOTA
COUNTYOFANOKA
CITY OF ANDOVER
I, the undersigned, being the duly qualified and acting City Clerk of the City of Andover,
Minnesota, DO HEREBY CERTIFY that I have compared the attached and foregoing extract of
minutes with the original minutes on file and of record in my office and that the same is a full,
true and correct transcript of minutes of a meeting of the City Council duly held on the date
therein indicated, insofar as the same relates to canvassing the results of an election held in and
for the City.
WITNESS my hand as such City Clerk on November -8-,2006.
~ (jr&
City Clerk
1938824v 1 3
o
o
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO. 131-06
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 removal 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 Hearing 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 give mailed and published notice of such hearing and improvement as required by
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 O~ ~N~?OVER ~
~~."~
)Y1 chael R. Gamache - Mayor
o (j~ !)~
Victoria Volk - City Clerk
o
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RESOLUTION R130-06
BE IT RESOLVED that the City of Andover enters into an agreement with the State of
Minnesota, Department of Transportation, for the following purposes, to wit:
To request that the State perform certain technical, transportation-
related services identified in Exhibit A, "Available Services", of the
agreement. The City will submit a brief written request for each
service in accordance with the terms and conditions set forth and
contained in the Partnership Contract, a copy of which was before
the Council.
BE IT FURTHER RESOLVED that the proper City officers be and hereby are authorized
to execute such agreement and any amendments, and thereby assume for and on behalf of
the City all of the contractual obligations contained therein.
c
CERTIFICATION
STATE OF MINNESOTA
COUNTY OF ANOKA
CITY OF ANDOVER
I hereby certify that the foregoing resolution is a true and correct copy of a resolution
presented to and adopted by the City Council of Andover at a duly authorized meeting
thereof held on the 8th day of November, 2006, as shown by the minutes of said meeting
. .
ill my possessIOn.
tL:L-~ (J~
City Clerk
(SEAL)
o
o
o
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CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO. 129-06
MOTION by Councilmember
Jacobson
to adopt the following:
A RESOLUTION DECLARING ADEQUACY OF PETITION AND ORDERING
PREPARATION OF A FEASIBILITY REPORT FOR THE IMPROVEMENT OF
SANITARY SEWER & WATER MAIN ,PROJECT NO. 06-45, IN THE AREA
OF 14430 CROSSTOWN BOULEVARD NW.
WHEREAS, the City Council has received a petition, dated October 27,
2006 requesting the construction of improvements; and
WHEREAS, such petition has been validated to represent the signatures of
100% of the affected property owners requesting such improvement.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Andover that:
1. The petition is hereby declared to be 100% of owners of property affected,
thereby making the petition unanimous.
2. Escrow amount for feasibility report is 0
3. The proposed improvement is hereby referred to the Citv Enaineer and he is
instructed to provide the City Council with a feasibility report.
MOTION seconded by Councilmember
City Council at a reaular meeting this 8th
Trude
and adopted by the
day of October ,2006, with
Councilmembers Jacobson, Trude. Kniaht. Ortiel. Gamache
voting in
favor of the resolution, and Councilmembers
voting
none
against, whereupon said resolution was declared passed.
CITY OF ANDOVER
ATTEST:
!l,~ (h./b
Victoria Volk - City Clerk
o
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO. 128-06
MOTION by Councilmember
Jacobson
to adopt the following:
A RESOLUTION DIRECTING PREPARATION OF A FEASIBILITY REPORT FOR
IMPROVEMENT PROJECT NO. 06-37 FOR 161ST AVENUE NW & CRANE STREET
NW INTERSECTION IMPROVEMENTS.
WHEREAS, the City Council is cognizant of the need for the improvements; and
WHEREAS, the City Council ordered the improvement of Project No. 06-37,
161 st Avenue NW & Crane Street NW Intersection Improvements; and
NOW, THEREFORE BE IT RESOLVED by the City Council to hereby direct
the Citv Enaineer to prepare the feasibility report for such improvement project.
MOTION seconded by Councilmember Trude and adopted by the
o City Council at a reQular meeting this 8th day of November, 2006 , with
Council members Jacobson, Trude. Kniaht. Orttel. Gamache voting
in favor of the resolution, and Councilmembers none
voting against, whereupon said resolution was declared passed.
CITY OF ANDOVER
ATTEST:
~
(l;t;;~ (/~
Victoria Volk - City Clerk
o
o
MOTION by Councilmember
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO. 127-06
Jacobson
to adopt the following:
A RESOLUTION ORDERING PREPARATION OF A FEASIBILITY REPORT FOR THE
IMPROVEMENT OF 2007 OVERLAYS (INDIAN MEADOWS 3RD ADDITION. KELSEY
ESTATES & WOODLAND RIDGE) ,PROJECT NO. 07-2.
WHEREAS, the City Council of the City of Andover is cognizant of the need for
the improvements, specifically 2007 Overlavs (Indian Meadows 3rd Addition. Kelsev
Estates & Woodland RidQe), Project 07-2; and
WHEREAS, the City Council proposes to assess the benefiting property for all or
a portion of the costs of the improvement, pursuant to Minnesota Statutes 429.
o
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Andover that:
1. The City Council is cognizant of the need for improvements.
2. The proposed improvement is hereby referred to the Citv Enqineer and he is
instructed to provide the City Council with a feasibility report.
MOTION seconded by Councilmember Trude and adopted by the
City Council at a reQular meeting this 8th day of November , 2006 , with
Councilmembers Jacobson. Trude. Kniqht. Orttel. Gamache voting
in favor of the resolution, and Councilmembers none
voting against, whereupon said resolution was declared passed.
CITY OF ANDOVER
ATTEST:
~(j~
o Victoria Volk - City Clerk
o
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO. 126-06
MOTION by Councilmember
Jacobson
to adopt the following:
A RESOLUTION APPROVING CHANGE ORDER ttL TO PROJECT NOS. 05-32
(WOODLAND CROSSINGS). 05-25 SHAW'S GLEN). 05-20 (CARDINAL RIDGE)
& ADJACENT PARCELS.
WHEREAS, the City of Andover has a contract for Project Nos. 05-32. 05-24. 05-
20 & adiacent parcels with Redstone Construction. Co. Inc. of Mora. MN .
NOW THEREFORE, BE IT RESOLVED by the City Council of Andover to
hereby approve the change order to Project Nos. 05-32. 05-24. 05-20 & adiacent
parcels.
o
Adopted by the City Council of the City of Andover this
November , 2006.
8th
day of
CITY OF ANDOVER
ATTEST:
~ (JU&
Victoria Volk - City Clerk
o
o
o
o
CITY OF ANDOVER
COUNTYOFANOKA
STATE OF MINNESOTA
RES. NO. R125-06
A RESOLUTION APPROVING CONDITIONAL USE PERMIT FOR A VETERINARY
CLINIC WITHIN THE HANSON COMMONS SHOPPING CENTER LOCATED AT 1574
154TI1 AVENUE NW LEGALLY DESCRIBED AS LOT 1, BLOCK 1 CHESTERTON
COMMONS FOURTH ADDITION, ANOKA COUNTY, MINNESOTA
WHEREAS, Kari Wittmer, DVM has requested approval of a conditional use permit for a
veterinary clinic within the existing building on the subject property, and;
WHEREAS, the Planning and Zoning Commission has reviewed the request and has determined
that said request meets the criteria of City Code and would not have a detrimental effect upon the
health, safety, and general welfare of the City of Andover, and;
WHEREAS, the Planning and Zoning Commission recommends to the City Council approval of
the conditional use permit request;
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby
agrees with the recommendation ofthe Planning and Zoning Commission and approves a
conditional use permit for a veterinary clinic located within the existing building on the subject
property subject to the following conditions:
1. All animals shall be treated and housed indoors.
2. No animals shall be kept overnight except out of necessity for surgery or care.
3. Canines shall not be housed adjacent to interior walls shared with another tenant.
Adopted by the City Council of the City of Andover on this 17th day of October, 2006.
CITY OF ANDOVER
ATTEST:
U~ {Jv!b
Victoria V olk, City Clerk
o
CITY OF ANDOVER
COUNTYOFANOKA
STATE OF MINNESOTA
RES. NO. 124-06
A RESOLUTION DENYING THE CONDITIONAL USE PERMIT REQUEST OF V ALLEY
POOLS & SPAS TO PERMIT OUTDOOR DISPLAY AND SALES PURSUANT TO TITLE
l2-l4-6-A-5 AT THEIR BUSINESS LOCATED AT 3426 BUNKER LAKE BOUL V ARD NW.
WHEREAS, Valley Pools & Spas is located at 3426 Bunker Lake Boulevard NW in the NB
Neighborhood Business zoning district; and
WHEREAS, the applicants have requested that the City Council approve their Outdoor Display
and Sales proposal with the authority described in Chapter l2-14-6-A-5; and
NOW, THEREFORE, BE IT RESOLVED, that the City Council ofthe City of Andover hereby
denies the Conditional Use Permit on said property based on the following findings:
1) City Council does not feel Outdoor Storage and Sales is suitable in the NB -
Neighborhood Business zoning district, and
2) Section l2-l4-6-A-5 of the City Code shall not be used to permit Outdoor Storage
and Sales at 3426 Bunker Lake Boulevard NW.
o Adopted by the City Council of the City of Andover on this 17th day of October, 2006.
CITY OF ANDOVER
ATTEST: / I
~ u.:.;v
Victoria V olk, City Clerk
o
o
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO. 123-06
A RESOLUTION APPROVING THE LOT SPLIT REQUEST OF KOTTKE'S BUS
SERVICE TO SUBDIVIDE AN INDUSTRIAL LOT INTO TWO LOTS FOR
PROPERTY LOCATED AT 13533 JAY STREET NW AND LEGALLY DESCRIBED
AS:
The West Half of Lot 13, WATTS GARDEN ACRES, as determined by proportionate
measure of the length of the North and South lines of said lot, according to the plat
thereof on file in the office of the Registrar of Titles of Anoka County, Minnesota.
Subject to the right-of-way of Commercial Boulevard over that part thereof lying within
Parcel 4, City of Andover Highway Right-of-Way plat No. 1.
Subject to the right-of-way of Grouse Street N.W. over that part thereof lying within
Parcell, City of Andover Highway Right-of-Way plat No.3
To be divided into properties to be described as;
e
PARCEL A: The west 272.84 feet of Lot 13, WATTS GARDEN ACRES, according to
the plat thereof on file in the office of the Registrar of Titles of Anoka County,
Minnesota, as measured at right angles to the west line thereof.
Subject to the right-of-way of Commercial Boulevard over that part thereof lying within
Parcel 4, City of Andover Highway Right-of-Way plat No. 1.
PARCEL B: That part of the West Half of Lot 13, WATTS GARDEN ACRES, as
determined by proportionate measure ofthe length of the North and South lines of said
lot, according to the plat thereof on file in the office of the Registrar of Titles of Anoka
County, Minnesota, lying east ofthe west 272.84 feet thereof, as measured at right angles
to the west line thereof.
Subject to the right-of-way of Commercial Boulevard over that part thereof lying within
Parcel 4, City of Andover Highway Right-of-Way plat No.1.
Subject to the right-of-way of Grouse Street N. W. over that part thereof lying within
Parcell, City of Andover Highway Right-of-Way plat No.3
WHEREAS, Kottke's Bus Service, the applicant, has requested approval of a lot split to
subdivide a commercial property pursuant to City Code 13-1; and
o
WHEREAS, The Planning and Zoning Commission has reviewed the request and has
determined that said request meets all requirements of City Code 13-1 Splitting Lots,
Parcels or Tracts of Land; and
o
WHEREAS, a public hearing was held pursuant to state statutes; and
WHEREAS, the Planning and Zoning Commission recommends to the City Council
approval of the lot split as requested.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover
hereby agrees with the recommendation of the Planning and Zoning Commission and
approves the lot split on said property subject to the following conditions:
1. Park dedication fees equal to 10% of the market value shall be paid for Parcel A.
The applicant shall provide an estimated land value and proposed park dedication
amount to the Park Commission. The Park Commission will review the amount
and make a recommendation to the City Council. The City Council shall have
final judgment on the amount of park dedication fees.
2. The lot split shall conform to the drawing submitted to the City stamped as
received on September 27, 2006.
3. The lot split shall be subject to a sunset clause as defined in City Code Chapter
13-1-6-F.
Adopted by the City Council of the City of Andover on this 17th day of October 2006.
o CITY OF ANDOVER
A 1;TEST:
~;t;~ tJd
Victoria V olk, City Clerk
o
o
o
o
CITY OF ANDOVER
COUNTYOFANOKA
STATE OF MINNESOTA
RES. NO R122-06
A RESOLUTION AMENDING PLANNED UNIT DEVELOPMENT OF "WOODLAND
. .
CROSSINGS" FOR PROPERTY LOCATED IN SECTION 15, TOWNSHIP 32, RANGE 24,
ANOKA COUNTY, MINNESOTA, DESCRlBED AS;
Lots 1-15, Block 3 Woodland Crossings, Anoka County, Minnesota
WHEREAS, Woodland Development has received approval of a Planned Unit Development for
Woodland Crossings; and
WHEREAS, Woodland Development has requested an amendment to the approved planned unit
development to allow additional options for the detached townhouses; and
WHEREAS, the proposed amendment will increase the size of the detached townhomes and
increase the previously approved building footprint; and
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby
approves the planned unit development amendment, with the following conditions:
1. The current typical lot, dated October 12, 2006 and stamped received by the City of
Andover on October 12,2006 shall be added to the approved Woodland Crossings
Planned Unit Development as the maximum structure allowed within the Woodland
Crossings PUD.
2. The previously approved lot typical shall serve as the minimum required structure for the
Woodland Crossings PUD.
3. All other aspects of Woodland Crossings shall conform to Preliminary Plat and Planned
Unit Development Resolution R017-06 and Final Plat Resolution R037-06.
Adopted by the City Council of the City of Andover this 1 ih day of October, 2006.
A~J~ST:
f~ U,.a
Victoria V olk, City Clerk
c.
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO. 121-06
MUNICIPAL STATE AID STREET FUNDS ADVANCE RESOLUTION
WHEREAS, the Municipality of Andover has implement Municipal State Aid Street Project(s) in 2006 which require State Aid funds
in excess of those available in its State Aid Construction Account, and
WHEREAS, said municipality has proceeded with the construction of said project(s) and is requesting an advance from the Municipal
State Aid Street Fund to supplement the available funds in their State Aid Construction Account, and
WHEREAS, the advance is based on the following determination of estimated expenditures:
Account Balance as of date 10/11/06
Less estimated disbursements:
$ 0.00
o
Project # 198-05-11 (05-11)
Project #
Project #
Proj ect #
Bond Principle (if any)
Project Finals (overruns-if any)
Other
Total Estimated Disbursements
Advance Amount (amount in excess of acct balance)
$979.000.00
$
$
$
$150.000.00
$
$
$U29.000.00
$U29.000.00
WHEREAS, repayment of the funds so advanced will be made in accordance with the provisions of Minnesota Statutes 162.14,
Subd. 6 and Minnesota Rules, Chapter 8820.1500, Subp. lOb, and
WHEREAS, the Municipality acknowledges advance funds are released on a first-come-frrst-serve basis and this resolution does
not guarantee the availability of funds.
NOW, THEREFORE, Be It Resolved: That the Commissioner of Transportation be and is hereby requested to approve this
advance for fmancing approved Municipal State Aid Street Project(s) of the Municipality of Andover in an amount up to
$1.129.000.00. I hereby authorize repayments from subsequent accruals to the Municipal State Aid Street Construction Account of
said Municipality in accordance with the schedule herein indicated: (initial one)
..1L Repayment from entire future year allocations until fully repaid.
_ Repayment in _ equal annual installments
_ Repayment from future year allocations in amounts listed below until fully repaid (maximum 5 year repayment).
$
CY
$
CY
$
CY
$
CY
$
CY
I HEREBY CERTIFY that the above is a true and correct copy of a resolution presented to and adopted by the Municipality of
Andover, County of Anoka, State of Minnesota, at a duly authorized Municipal Council Meeting held in the Municipality of Andover,
Minnesota on the 17th day of October, 2006, as disclosed by the records of said Municipality on file and of record in the office.
OM .. al. f
umClp Ity 0
Andover
~ t/,&
Municipal Clerk
o
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO. 120A-06
MUNICIPAL STATE AID STREET FUNDS ADVANCE RESOLUTION
WHEREAS, the Municipality of Andover has implement Municipal State Aid Street Project(s) in 2006 which require State Aid funds
in excess of those available in its State Aid Construction Account, and
WHEREAS, said municipality has proceeded with the construction of said project(s) and is requesting an advance from the Municipal
State Aid Street Fund to supplement the available funds in their State Aid Construction Account, and
WHEREAS, the advance is based on the following determination of estimated expenditures:
Account Balance as of date 10/11/06
Less estimated disbursements:
$ 0.00
$979.000.00
$
$
$
$150.000.00
$
$
o
Project# 198-05-11 (05-11)
Project #
Project #
Project #
Bond Principle (if any)
Project Finals (overruns-if any)
Other
Total Estimated Disbursements
Advance Amount (amount in excess ofacct balance)
$U29.000.00
$U29.000.00
WHEREAS, repayment of the funds so advanced will be made in accordance with the provisions of Minnesota Statutes 162.14,
Subd. 6 and Minnesota Rules, Chapter 8820.1500, Subp. lOb, and
WHEREAS, the Municipality acknowledges advance funds are released on a first-come-first-serve basis and this resolution does
not guarantee the availability of funds.
NOW, THEREFORE, Be It Resolved: That the Commissioner of Transportation be and is hereby requested to approve this
advance for financing approved Municipal State Aid Street Project(s) of the Municipality of Andover in an amount up to
$1.129.000.00. I hereby authorize repayments from subsequent accruals to the Municipal State Aid Street Construction Account of
said Municipality in accordance with the schedule herein indicated: (initial one)
l Repayment from entire future year allocations until fully repaid.
_ Repayment in _ equal annual installments
_ Repaymenf from future year allocations in amounts listed below until fully repaid (maximum 5 year repayment).
$
CY
$
CY
$
CY
$
CY
$
CY
I HEREBY CERTIFY that the above is a true and correct copy of a resolution presented to and adopted by the Municipality of
Andover, County of Anoka, State of Minnesota, at a duly authorized Municipal Council Meeting held in the Municipality of Andover,
. Minnesota on the 17th day of October, 2006, as disclosed by the records of said Municipality on file and of record in the office.
o
Municipality of
Andover
~ ()/b
Municipal Clerk
'i~R~1 ~~
/ Mic ae R. Gamache - Mayor
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO 120-06
A RESOLUTION APPROVING THE FINAL PLAT OF "WHITE PINE
WILDERNESS" FOR L & K DEVELOPMENT, LLC ON PROPERTY LOCATED IN
SECTION 14, TOWNSHIP 32 RANGE 24 LEGALLY DESCRIBED AS:
All that part of the South 16.50 feet of the Northeast Quarter of the Northwest Quarter of
Section 14, Township 32 North, Range 24 West, and all that part ofthe South Half of
said Northwest Quarter which lies East ofthe East line of the West 717.89 feet of said
South Half of the Northwest Quarter, Northerly and Easterly of the South 689.92 feet of
the West 815.00 feet of said South Half of the Northwest Quarter and Westerly of the
following described Line A:
Said Line A is described as follows:
Commencing at the Southeast comer of said South Half of the Northwest Quarter of
Section 14; thence North - degrees 18 minutes 42 seconds East along the East line of said
South Half of the Northwest Quarter, a distance of 495.51 feet to the Point of Beginning
of said Line A; thence north 46 degrees 55 minutes 20 seconds West, a distance of262.00
feet; thence North 17 degrees 47 minutes 32 seconds West, a distance of238.70 feet;
thence north 38 degrees 23 minutes 22 seconds East, a distance of 304.00 feet; thence
North 82 degrees 36 minutes 28 seconds East, a distance of79.75 feet to said East line of
the South Half of the Northwest Quarter and said Line A there terminating.
Except that part platted as Anoka County Highway Right Of Way Plat No. 20, according
to the recorded plat thereof. Section 14, Township 32, Range 24, Anoka County,
. Minnesota.
WHEREAS, the City Council has approved the preliminary plat of the project to
be known as "White Pine Wilderness"; and
WHEREAS, L & K Development, LLC has presented the final plat of White Pine
Wilderness; and
WHEREAS; the Andover Review Committee has reviewed such final plat for
conformance with the preliminary plat.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to
hereby approve the final plat of White Pine Wilderness contingent upon receipt of the
following:
1. The final plat shall conform to the plan stamped received by the City of
Andover on September 25, 2006.
.2. The developer shall be responsible for the cost of construction of all
improvements proposed as a part of the preliminary plat.
3. Park dedication and trail fees shall be paid as determined as part of
preliminary plat approval.
4. Such plat approval is contingent upon a development agreement acceptable to
the City Attorney. A financial guarantee will be required as a part ofthis
agreement to assure all of the subdivision improvements will be completed.
5. Subject to final review by City Stafffor compliance with City ordinances,
policies, guidelines and conditions of preliminary, landscape plan, and final
plat approval.
6. Developer is responsible for obtaining all permits from U.S. Army Corps of
Engineers, DNR, LGU, watershed district, MPCA and any other agency that
may be interested in the site.
7. All potential urban areas (within the MUSA boundary) north of 161 st Avenue
NW and Crane Street NW (located east of Hanson Boulevard and west of
Yellowpine Street) shall be responsible for improvements to the intersection
of 161 st Avenue NW and the proposed Crane Street NW as required by the
Anoka County Highway Department and the Andover Engineering
Department.
8. A variance has been granted to allow the platting of Lot 7, Block 3 with the
condition that no building permit will be issued for this lot until 162nd Avenue
is extended to provide required frontage for the lot.
9. The developer shall enter into a Development Contract with the City and shall
pay all relative fees (i.e. sanitary sewer, water area and connection fees, etc...) as
required.
10. Sanitary sewer and water main shall be extended to the site at the developer's
expense.
11. Subject to all conditions of the preliminary plat resolution (R088-06) dated
July 18th, 2006.
Adopted by the City Council of the City of Andover this 3rd day of October, 2006.
CITY OF ANDOVER
ATTE~T: . ,&
a.;6;;.;.v Vv
Victoria V olk, City Clerk
o
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO. 119-06
MOTION by Councilmember Trude
to adopt the following:
A RESOLUTION DECLARING COST, DIRECTING PREPARATION OF
ASSESSMENT ROLL AND SCHEDULING PUBLIC HEARING FOR THE
CERTIFICATION OF DELINQUENT UTILITY SERVICES CHARGES, MOWING FEES
AND FALSE ALARM FINES
THE CITY COUNCIL OF'THE CITY OF ANDOVER HEREBY RESOLVES:
WHEREAS, delinquent utility service charges, mowing fees and false alarm fines
in the amount of $25,282.25 exist' as of September 28, 2006; ahd
WHEREAS, City Code Chapter 3, 10-3-3D; City Code Chapter 1, 10-1-9F; and
City Code Chapter 5, 8-5-3D provide for the collection by assessment of unpaid water,
sewer, storm sewer, street light service charges, mowing fees and false alarm fines.
respectively.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
ANDOVER, MINNESOTA:
1. The amount of the cost to be assessed against benefited property owners is
o declared to be $25,282.25 plus an administrative fee of 15%.
2. Assessment shall be payable in equal annual installments extending over a
period of 1 year. The first of the installments to be payable on or before the first
Monday in January 2007, and shall bear interest at the rate of 8 percent per annum
from the date of the adoption of the assessment resolution.
3. The City Clerk, with the assistance of the Finance Director shall forthwith
calculate the proper amount to be assessed against every assessable lot, piece or
parcel of land, without regard to cash valuation, as provided by law, and the Clerk shall
file a copy of such proposed assessment in the Clerk's office for public inspection.
1. The Clerk shall, upon the completion of such proposed assessment, notify
the Council thereof.
BE IT FURTHER RESOLVED BY THE CITY COUNCIL;
1. A hearing shall be held the 8th day of November, 2006 at the Andover City
Hall at 7:00 P.M. to pass upon such proposed assessment and at such time
and place all persons affected by such proposed assessment will be given an
opportunity to be heard with reference to such assessment.
o
2. The City Clerk is hereby directed to cause a notice of hearing on the
. proposed assessment to be published once in the official newspaper at least
two weeks prior to the hearing.
3. The owner of any property so assessed may at any time prior to certification
of the assessment to the County Auditor, pay the whole assessment with no
interest.
o MOTION seconded by Councilmember Jacobson and adopted by the City Council at
a regular meeting this 3rd day of October, 2006, with Councilmembers
Gamache, Kniqht. Jacobson. Trude. Orttel (absent)
voting in favor of the
resolution, and Councilmembers none voting against, whereupon said resolution
was declared passed.
CITY OF ANDOVER
{l."Z;-,'~ j fJ./b
Victoria Volk - City Clerk
ATTEST:
o
o
o
CITY OF ANDOVER
COUNTYOFANOKA
STATE OF MINNESOTA
RESOLUTION R 118-06
A RESOLUTION APPOINTING JUDGES TO SERVE AT THE GENERAL
ELECTION TO BE HELD ON TUESDAY, NOVEMBER 7,2006 IN THE CITY OF
ANDOVER.
The City Council of the City of Andover hereby resolves:
The persons as shown below are hereby appointed judges for the General Election to be
held on Tuesday, November 7, 2006 in the City of Andover:
Precinct #1 - Hope Lutheran Church
o
Gloria Young, Chief
LeeAnna Horton
Carol Moeller
John Moore
Deborah Olson
Shirley Olson
Richard Snyder
Sylvia V olk
Precinct #2 - Grace Lutheran Church
Kelly Danzl, Chief
Nancy Ahlberg
Christine Deggendorf
Frances Gargano
Micki Harris
John Johanson
Joann Koecher
Bonnie Lapham
Fred Lown
Rebecca Pease
Marie Romo
Pamela Schilling
Precinct #3 - Riverdale Assembly of God Church
Phyllis Kieffer, Chief
Virginia Anderson
Elaine Boos
Herb Conrow
Kay Funk
Irene Kroll
Sue McBride
Barbara Peters
Janice Quick
Christine Schonning
Connie Schultz
Michael St. John
o
0
Precinct #4 - Crooked Lake Elementarv School
Gretchen Sabel, Chief Mildred Johnson
Ted Butler Peggy Johnson
Leatrice Cooper Barb Rule
Stan Graf Lorraine Tressel
Precinct #5 - Meadow Creek Church
Terry VanNote, Chief Jerome Lapham
Susan Ctvrtnik Luther Romo
Ginger Nelson Lisa Nicoski
Don Ahlberg Mary Munson
Precinct #6 - Bunker Hills Activities Center
Marlene Westphal, Chief Judy Lestina
Dan Frost Carol Mueller
Albert LaCombe Sandy Roslin
Dan Lehrer Susan Beal
0 Precinct#7-ConstanceFreeChurch
Lois Spadgenske, Chief John Wolf
Shirley Beam Peter Dobratz
Naomi Buie Tammy Grissman
Eya Karp Heidi Traeger
Mary Sulliyan
Precinct #8 - Andover Christian Church
Tom Johnson, Chief Virginia Hayes
Maria Bourque Madeline Hoopman
Terry Louie Jean Olson
Charles Buckman-Ellis
Corinne Buffham
Precinct #9 - Prairie Oak Community Church
Cindy Brostrom, Chief William Obedoza
Bruce Crane Marlene Palm
Susan Fanucci Nancy Posl
0 Gary Homing Carmen Rossi
Dolores Jeska Lucy Schalwig
Norma Johnson Mary White
Peggy Kuntz
o
Precinct # 10 - Andover Elementarv School
Melissa Rustman, Chief
James Anderson
Stan Deden
Julie Holtey
Linda Louie
Robert Stromgren
Todd Spanier
Adopted by the City Council of the City of Andover this 3rd day of October.
2006.
CITY OF ANDOVER
Attest:
o tJ;t;-~ a~
Victoria V olk - City Clerk
o
o
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO. 117-06
MOTION by Councilmember Trude
to adopt the following:
A RESOLUTION ACCEPTING A CONTRIBUTION MADE TO THE CITY OF ANDOVER
TO BE USED TOWARDS THE INSTALLATION OF A FENCE AT FOX MEADOWS
PARK TO BETTER IDENTIFY THE FIELD OF PLAY FOR THE FRISBEE COURSE.
WHEREAS, any contributions that are to be made to the City of Andover must be
accepted by the City Council; and
WHEREAS, the contribution from John and Rita Burgeson of $17,563.00 is to be
used towards the installation of a fence at Fox Meadows Park to better identify the field
of play for the Frisbee course.
NOW, THEREFORE BE IT RESOLVED by the City Council to hereby accept the
contribution, which is to be used towards the installation of a fence a Fox Meadows Park
o to better identify the field of play for the Frisbee course.
MOTION seconded by Councilmember Jacobson
and adopted by the City
Council at a regular meeting this 3rd day of October 2006, with Councilmembers
Gamache. KniQht. Jacobson, Trude. Orttel (absent) voting in favor of the resolution,
and Councilmembers .
none voting against, whereupon said resolution was
declared passed.
CITY OF ANDOVER
ATTEST:
/L~ J~
Victoria Volk - City Clerk
o
o
o
o
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO R1l6-06
A RESOLUTION APPROVING THE PRELIMINARY PLAT OF "HICKORY MEADOWS"
FOR PROPERTY LOCATED IN THE SOUTHEAST QUARTER OF SECTION 25,
TOWNSHIP 32, RANGE 24 LEGALLY DESCRIBED AS;
DEED # 1269640
PROPERTY DESCRIPTION:
All that part of the west 100.00 feet of Lot 4, "AUDITOR'S SUBDIVISION NO. 141, Anoka
County, Minnesota, which lies north of the following described line:
Commencing at the southeast comer of said Lot 4; thence North 00 degrees 29 minutes 17
seconds West (orientation of this bearing system is assumed), along the east line of said Lot 4, a
distance of 1367.69 feet, to the point of beginning of the line to be described; thence South 79
degrees 46 minutes 33 seconds West, a distance of328.7l feet to the east line of said Lot 4 and
said described line there terminating. This parcel is subject to the right of way of Andover
Boulevard N. W. and other easements of record if any.
DEED # 1551626
PROPERTY DESCRIPTION:
That part of the West half of the Southeast Quarter of Section 25, Township 32, Range 24,
Anoka County, Minnesota lying Southerly of the following described parcel described as
follows:
Beginning at the northeast corner of said West half of the Southeast Quarter; thence on an
assumed bearing of South 89 degrees 49 minutes 11 seconds West, along the north line of said
West half of the Southeast Quarter, a distance of 107.00 feet; thence south 00 degrees 27 minutes
57 seconds East, parallel to the east line of said West half of the Southeast Quarter, a distance of
1317.50 feet; thence North 67 degrees 28 minutes 54 seconds East a distance of 65.68 feet;
thence North 80 degrees 09 minutes 37 seconds East a distance of 46.75 feet to a point on said
east line distant 1284.69 feet south from said northeast comer thereof; thence North 00 degrees
27 minutes 57 seconds West, along said east line, a distance of 1284.69 feet to the point of
beginning. Also known as part of Lot 2 and Lot 3, Auditor's Subdivision Number 141, according
to the recorded plat thereof and situate in Anoka County, Minnesota.
DEED # 1571355
PROPERTY DESCRIPTION:
The tract or parcel of land lying and being in the County of Anoka and State of Minnesota,
Described as follows, To-Wit:
o
That part of the west 1/2 of the Southeast 1/4, Section 25, Township 32, Range 24, Anoka
County, Minnesota, Described as follows:
Beginning at a point in the North line of said West 1/2 of the Southeast 1/4, Which point is 99
feet West of the Northeast comer thereof; Thence West along said North line a distance of 165
feet; thence South and parallel with the East line of said West 1/2 of the Southeast 1/4 to Coon
Creek; thence easterly along the northerly Shore of Coon Creek to its intersection with a line
drawn parallel with said east line from a point in the North line of said West 1/2 of the Southeast
1/499 feet West of the northeast corner thereof; thence North along said line to the point of
beginning, EXCEPT the easterly 8 feet thereof, now known as Lot 2, AUDITOR'S
SUBDMSION NO. 141, EXCEPT the easterly 8 feet thereof. Subject to all easements,
covenants, conditions, reservations, leases and restrictions of record, all legal highways, all rights
of way, all zoning, building and other laws, ordinances and regulations, all rights of tenants in
possession, and all real estate taxes and assessments not yet due and payable.
DEED # 1753932
PROPERTY DESCRIPTION:
Real property in Anoka County, Minnesota, Described as follows:
o
That part of the East 257.50 feet of Lot 1, AUDITOR'S SUBDMSIONNUMBER 141,
according to the recorded plat thereof, Anoka County, Minnesota, lying northerly of the
following described line:
Beginning at a point on the East line of said Lot 1 distant 1427.98 feet South of the northeast
corner thereof, for the purposes of this description said East line is assumed to bear South; thence
South. 57 degrees 58 minutes 57 seconds West a distance of 570.26 feet; thence westerly a
distance of 364.52 feet along a tangential curve concave to the north having a radius of 500.00
feet and a central angle of 41 degrees 46 minutes 16 seconds; thence North 80 degrees 14
minutes 47 seconds West, Tangent to said curve, a distance of 202.31 feet to a point onto the
west line of said Lot 1 distance 1770.00 feet southerly of the northwest comer thereof, said line
there terminating.
Subject to restrictions, reservations, easements, coyenants, oil, gas, or mineral rights of record, if
any.
DEED # 1299816
PROPERTY DESCRIPTION:
The West 257.50 feet of the east 515.00 feet of Lot 1, AUDITOR'S SUBDMSION NUMBER
141, Anoka County, Minnesota, lying northerly of the following described line:
o
. Beginning at a point on the east line of said Lot 1 distant 1427.98 feet south of the northeast
comer thereof, for the purposes of this description said east line is assumed to bear South; thence
South 57 degrees 58 minutes 57 seconds West a distance of 570.26 East; thence westerly a
distance of 364.52 feet along a tangential curve concave to the north having a radius of 500.00
feet and a central angle of 41 degrees 46 minutes 16 seconds; thence North 80 degrees 14
o
minutes 47 seconds West, tangent to said curve, a distance of 202.31 feet to a point on the west
line of said Lot 1 distant 1770.00 feet southerly of the northwest comer thereof, said line there
terminating. Subject to the right of way of County State Aid Highway NO. 16.
WHEREAS, Kodiak Development has requested approval of a preliminary plat for Hickory
Meadows; and
WHEREAS, the Andover Review Committee has reyiewed the preliminary plat; and
WHEREAS, pursuant to published and mailed notice thereof, the Planning Commission has
conducted a public hearing on said plat; and
WHEREAS, a variance to City Code 12-3-4 to allow a rear yard setback of21.9 feet for the
existing home to be located on Lot 9, Block 1 has been requested; and
WHEREAS, the Planning Commission recommends approval of the variance based on fmding
the home is pre-existing and oriented toward Andover Boulevard where the driveway access
exists. The relocation of the driveway to an internal street is desirable, and the significant size of
the home makes it difficult to adjust its location; and
o
WHEREAS, a variance to City Code 11-3-3 to allow streets terminating in a cul-de-sac that
exceed 500 feet in length has been requested; and
WHEREAS, the Planning Commission recommends approval of the yariance based on fmding
that a sketch plan has been provided to illustrate how the streets can be extended in the future to
provide additional street connections; and
WHEREAS, as a result of such public hearing, the Planning Commission recommends approval
of the preliminary plat to the City Council; and
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andoyer hereby
agrees with the recommendation of the Planning and Zoning Commission and approves the
Preliminary Plat of Hickory Meadows with the following conditions:
o
1. The preliminary plat shall be revised as described in this resolution.
2. The developer shall obtain all necessary permits and conform to the recommendations of
the Coon Creek Watershed District, DNR, Corps of Engineers, LGU, MPCA, Anoka
County Highway Department and any other agency that may be interested in the site.
3. Park land shall be dedicated as shown on the preliminary plat and the remainder of park
dedication shall be paid based on the formula established by City Code 11-3-7 (1) d.
Rate increases shall be subject to State Statute.
4. If a trail location is found to be feasible along Coon Creek a trail easement shall be
dedicated along the creek at the time the outlot in this area of the plat is further
subdivided. The developer shall grade the trail and provide class 5 gravel along the trail
route selected by the city. If a trail along Coon Creek is found not to be feasible, a
sidewalk shall be constructed along l44th Avenue at the expense of the developer.
o
o
5. Trail fees shall be paid for on a per unit basis as established by the City Code. Rate
increases shall be subject to State Statute.
6. The applicant shall be responsible for the cost of construction of all improvements
proposed as a part of the preliminary plat.
7. Approval is contingent upon the applicant providing public easements of sufficient size to
allow construction of public streets, sanitary sewer and water utilities to serve the plat in
compliance with the City Code.
8. The applicant shall pay for a study to determine how the proposed utility route will affect
the future extension of utilities to serve the area designated as Shadowbrook Lift Station
Lateral Service Area on Figure 6 Yellow Pine Lift Station Alternative of the City's Trunk
Sewer Plan. The applicant shall be responsible for the increased cost of constructing
public utilities to serve this area The increased cost shall be the estimated construction
cost difference between the proposed utility plan and the most efficient extension of
utilities through the center of the Shadowbrook Lift Station Lateral Service Area.
9. If a lift station is determined to be needed by the study described in condition #8, the lift
station shall be designed and constructed to be permanent and the cost shall be the
responsibility of the developer.
10. No filling of the 100 year floodplain (floodway) shall be allowed to occur until all of the
required federal state and local approvals have been obtained and placed on file with the
city. Filling in the 500 year floodplain (flood fringe) is allowed but no building permits
will be allowed until a Letter of Map Revision has been approyed by FEMA and the City
has received notification.
11. No lots within the 100 year floodplain shall be allowed to be platted until all of the
required federal state and local approvals have been obtained and placed on file with the
city.
12. A detail of the retaining wall on lots 1 and 6 of Block 3 shall be provided. The detail
shall include description of the material to be used, a cross section illustrating all
proposed improvements and disturbance involving the retaining wall and description of
the foundation and buildable area for future homes on these lots.
13. The developer shall be required to enter into an encroachment agreement with the city
and any future designee to allow access to allow the retaining wall to be removed when
the property to the east is developed. Such agreement shall designate the responsibility
for removal, restoration and ownership of the materials. The agreement shall be recorded
with Anoka County in a form that requires disclosure to all future owners of lots
encumbered by the retaining wall.
14. A drainage and utility easement of sufficient width to encompass the retaining wall shall
be dedicated to the city.
15. The developer shall preserve as many existing trees as possible and shall relocate as
many existing, healthy trees as possible.
16. Temporary cul-de-sacs and temporary easements shall be provided for all streets that
extend and dead end at a distance greater than 210 feet from an adjacent intersection.
17. All existing overhead utilities within the plat shall be removed and placed underground.
18. The property line between lots 9 and 10 of Block 1 shall be moyed to become
perpendicular to Andover Boulevard beyond the point that allows Lot 10 to meet the
required minimum lot width of 80 feet as determined in cooperation between the
developer and city staff.
o
o
o
o
19. The developer shall provide screening in the form of trees along the east and west
property lines of Lot 9, Block 1 as well as between the existing house and Andover
Boulevard. Existing trees that are preserved can be used to meet some of this
requirement.
20. A yariance to City Code 12-3-4 is granted to allow a rear yard setback of21.9 feet for
Lot 9, Block 1.
21. A variance to City Code 11-3-3 is granted to allow streets terminating in a cul-de-sac
extending beyond 500 feet.
22. Such plat approval is contingent upon a development agreement acceptable to the City
Attorney.
23. All existing homes within the plat that are not removed shall be connected to municipal
sewer and water. All existing drain fields shall be abandoned as regulated by the State of
Minnesota.
Adopted by the City Council of the City of Andover this 26th day of September, 2006.
ATTEST:
/L-h..~ .1//'/./...1
Victoria V olk, City Clerk
CITY OF ANDOVER
~~~
/' Michael R. amache, Mayor
o
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO. R115-06
A RESOLUTION AMENDING THE COMPREHENSIVE LAND USE PLAN OF THE
CITY OF ANDOVER TO CHANGE THE LAND USE DESIGNATION FROM
URBAN RESIDENTIAL LOW DENSITY (URL) AND GENERAL COMMERCIAL
(GC) TO OPEN SPACE (OS) ON PROPERTY LEGALLY DESCRIBED AS
FOLLOWS:
PARCEL A
(P.ID. # 27-32-24-31-0007)
All that part of the Northeast Quarter of the Southwest Quarter of Section 27 Township32 Range
24 Anoka County, Minnesota, described as follows:
o
Commencing at the northeast comer of said Northeast Quarter of the Southwest Quarter, thence
westerly along the north line thereof for 58.6 feet to the center line of County State Aid Highway
No. 18, thence South 32 degrees 55 minutes West for 550.17 feet alol1g said center line, thence
South 44 degrees 11 minutes West for 342.85 feet along said center line, thence South 45
degrees 26 minutes East for 872.00 feet to the southeast comer of said Northeast Quarter of
Southwest Quarter, thence north along the East line of said Northeast Quarter of the Southwest
Quarter to the point of commencement. Subject to an easement to R.E.A and other easements of
record, if any. Subject to the rights-of-way of C.S.A.H. No. 16 and C.S.A.H No. 18.
PARCEL E
(P.ID. # 34-32-24-11-0002)
All that part of the Northeast Quarter of Northeast Quarter of Section 34 Township 32 Range 24,
Anoka County, Minnesota, described as follows:
Beginning at northeast comer of the Northeast Quarter of Northeast Quarter, thence North 89
degrees 08 minutes 39 seconds West along north line of said Northeast Quarter of Northeast
Quarter 1316.94 feet to the northwest comer of said Northeast Quarter of Northeast Quarter,
thence South 0 degrees 18 minutes 44 seconds West along west line of said Northeast Quarter of
Northeast Quarter, 15 feet, thence South 89 degrees 08 minutes 39 Seconds east 180.52 feet,
thence South 75 degrees 30 minutes 33 seconds East 190.89 feet, thence South 89 degrees 08
minutes 39 seconds East 474.80 feet, thence North 67 degrees 05 minutes 08 seconds East
111.64 feet, thence South 89 degrees 08 minutes 39 seconds East 373.94 feet more or less to a
point on east line of said Northeast Quarter of Northeast Quarter, thence North 0 degrees 15
minutes 45 seconds East along said east line 15 feet to the point of beginning, except road,
subject to easement of record.
o
PARCEL F
(P.ID. # 34-32-24-12-0002)
All that part of the Northwest. Quarter of Northeast Quarter of Section 34 Township 32 Range
24, Anoka County, Minnesota, described as follows:
o
o
o
Beginning at northeast comer of said Northwest Quarter of Northeast Quarter, thence North 89
degrees 08 minutes 39 seconds West along north line of said Northwest Quarter of Northeast
Quarter, 1078.71 feet, thence South 68 degrees 56 minutes 31 seconds East 402.99 feet, thence
South 81 degrees 03 minutes 01 seconds East 109.56 feet, thence North 70 degrees 32 minutes
11 seconds East 198.91 feet, thence North 80 degrees 59 minutes 38 seconds East 411.73 feet
more or less to a point on the east line of said Northwest Quarter of Northeast Quarter, 15 feet
southerly of the point of beginning, thence North 0 degrees 18 minutes 44 seconds East along
said east line 15 feet to the point of beginning, subject to easement of record.
PARCEL H
(P.ID. # 27-32-24-34-0038)
Outlot A, Kensington Estates 4th Addition, according to the recorded plat thereof, Anoka County,
Minnesota.
PARCEL I
(Part ofP.ID. # 27-32-24-34-0003)
All that part of the southerly 500.00 feet of the easterly 500.00 feet of the Southeast Quarter of
the Southwest Quarter of Section 27, Township 32, Range 24, Anoka County, Minnesota,
described as follows: Beginning at the northeast comer of said southerly 500.00 feet of the
easterly 500.00 feet, said northeast comer also being the southeast comer of OUTLOT A,
KENSINGTON ESTATES 4TII ADDITION, according to the recorded plat thereof; thence on
an assumed bearing of North 89 degrees 06 minutes 16 seconds West along the northerly line of
said southerly 500.feet of the easterly 500.00 feet and the southerly line of said OUTLOT A for
87.07 feet to the southwest comer of said OUTLOT A; thence South 15 degrees 15 minutes 57
seconds East for 331.50 feet to the easterly line of said Southeast Quarter of the Southwest
Quarter; thence North 00 degrees 02 minutes 26 seconds West along said easterly line for
318.44 feet to the point of beginning. Subject to the right-of-way of County Road No. 78.
WHEREAS, the Minnesota Pollution Control Agency prepared the Waste Disposal Engineering
Landfill Land Use Plan to comply with State Statute; and
WHEREAS, the plan recommends that the City proyide land use controls that will prevent active
use of the property other than prescribed by the State of Minnesota; and
WHEREAS, the Planning Commission held a public hearing pursuant to state statutes and
recommended implementation of the plans recommendations; and
NOW, THEREFORE, BE IT RESOLVED, that the City Council ofthe City of Andover has
reviewed the recommendation of the Planning Commission and hereby approves the
Comprehensive Plan Amendment, subject to review and approval by the Metropolitan CounciL
Adopted by the City Council of the City of Andover on this 19th day of September, 2006.
CITY OF ANDOVER
~ A?', ~
ichael R. Gamache, Mayor
ATTEST:
lL.tM:J ()u-!b
Victoria V olk, City Clerk
o
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO. 114-06
MOTION by Councilmember
Jacobson
to adopt the following:
A RESOLUTION ADOPTING THE ASSESSMENT ROLL FOR THE
IMPROVEMENT OF WATER MAIN, PROJECT NO. 05-58, 3532 -135th
AVENUE NW.
WHEREAS, the property owner has waived their right to a public hearing.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
ANDOVER, MINNESOTA:
o
1. Such proposed assessment, a copy of which is attached hereto and made part
hereof, is hereby accepted and shall constitute the special assessment against
the lands named therein, and each tract of land therein included is hereby found
to be benefited by the proposed improvement in the amount of the assessment
levied against it.
2. Such assessment shall be payable in equal annual installments, extending over a
period of L years, the first of the installments to be payable on or before the 1 st
Monday in January, 2007 and shall bear interest at a rate of 6 percent per
annum from the date of the adoption of this assessment resolution.
3. The owner of any property so assessed may, at any time prior to certification of
the assessment or the first installment thereof to the county auditor, pay the
whole of the assessment on such property, with interest accrued to the date of
payment, to the municipal treasurer, except that no interest shall be charged if the
entire assessment is paid within 30 days from the adoption thereof; and, except
as hereinafter provided, the owner may at any time prior to November 15 of any
year, prepay to the treasurer of the municipality having levied said assessments,
the whole assessment remaining due with interest accrued to December 31 of
the year in which said prepayment is made.
MOTION seconded by Councilmember
City Council at a reqular meeting this 19th
Trude
and adopted by the
day of September ,2006, with
Councilmembers Jacobson. Trude. Orttel. Gamache. Kniqht (absent)
voting in favor of the resolution, and Councilmembers
against, whereupon said resolution was declared passed.
none
voting
CITY OF ANDOVER
o
ATTEST:
t)..1;A:"; ad-
Victoria Volk - City Clerk
o
o
o
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO. 113-06
MOTION by Councilmember
Jacobson
to adopt the following:
A RESOLUTION ADOPTING THE ASSESSMENT ROLL FOR IMPROVEMENT
PROJECT NO. 05-39 FOR ANDOVER STATION NORTH BLOCK 3
IMPROVEMENTS .
WHEREAS, the property owners have waived their right to a public hearing.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
ANDOVER, MINNESOTA:
1. Such proposed assessment, a copy of which is attached hereto and made part
hereof, is hereby accepted and shall constitute the special assessment against
the lands named therein, and each tract of land therein included is hereby found
to be benefited by the proposed improvement in the amount of the assessment
levied against it.
2. Such assessment shall be payable in semi-annual installments, together with
principal and accrued interest, extending over a period of .L. years, the first of
the installments to be payable on or before the 15th day of April, 2007 and shall
bear interest at a rate of 6 percent per annum from the date of the adoption
of this assessment resolution.
3. The owner of any property so assessed may, at any time pay the whole of the
assessment on such property with interest accrued to the date of payment to the
City Treasurer.
MOTION seconded by Council member
City Council at a reqular meeting this 19th
Trude
and adopted by the
day of September ,2006, with
Councilmembers Jacobson. Trude, Orttel. Gamache. Kniqht (absent)
voting in favor of the resolution, and Councilmembers
against, whereupon said resolution was declared passed.
CITY OF ANDOVER
voting
none
ATTEST:
I Li-;A~ dvL,t
Victoria Volk - City Clerk
o
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO. 112-06
MOTION by Councilmember
Jacobson
to adopt the following:
A RESOLUTION APPROVING FINAL PLANS AND SPECIFICATIONS AND
SOLICITING FOR QUOTES FOR TRAFFIC SIGNAL IMPROVEMENTS AT
ROUND LAKE BOULEVARD NW & BUNKER LAKE BOULEVARD NW, PROJECT
06-40.
WHEREAS, pursuant to Resolution No. -06, adopted by the City
Council on the 15t11 day of Auqust , 2006, SEH has prepared final
plans and specifications for Project 06-40 for Round Lake Boulevard NW &
Bunker Lake Boulevard NW .
WHEREAS, such final plans and specifications were presented to the City
Council for their review on the 19th day of September , 2006 .
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
C Andover to hereby approve the Final Plans and Specifications.
BE IT FURTHER RESOLVED by the City Council of the City of Andover to hereby
direct the City Engineer to seek quotes for the improvements.
MOTION seconded by Councilmember Trude and adopted by the
City Council at a reqular meeting this 19th day of September , 2006 , with
Councilmembers Jacobson. Trude. Orttel. Gamache. KniQht (absent)
voting in favor of the resolution, and Councilmembers
against, whereupon said resolution was declared passed.
none
voting
CITY OF ANDOVER
ATTEST:
o
(),~'.J IJdb
Victoria Volk - City Clerk
o
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MlNNESOTA
RES. NO. 111-06
A RESOLUTION UPDATING CERTIFIED BONDED INDEBTEDNESS FOR 2007.
WHEREAS, the preparation and adoption of budgets 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 determined that it is prudent to update certified bonded indebtedness
levies for 2006; and
WHEREAS, the Anoka County Property Records and Taxation Division is requiring a City Council resolution
updating bonded indebtedness levies that would have been certified Anoka County as part of prior year bond sales.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Andover hereby updates all or a
portion of previously certified bonded indebtedness levies for 2007 as listed on Attachment A.
Adopted by the City of Andover this 5th day of September 2006.
CITY OF ANDOVER
OATTEST:
a~o~
Victoria V olk - City Clerk
o
o STATE OF MINNESOTA)
COUNTYOFANOKA )
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. 111-06 adopting the City of Andover updates of all or a
portion of previously certified bonded indebtedness levies for 2007 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 September 2006.
tLz;~ {j~
Victoria V olk - City Clerk
o
o
Attachment A
o
CITY OF ANDOVER
2007 Proposed Levy Certification Debt Cbanges
County Levy City Levy Levy
GENERAL OBLIGATION DEBT Scheduled Scheduled Changes Variance Explauation
56 2004A GO Capital Improvement Bonds 365,051 365.051 Ok
58 2005A GO Improvement Bonds 571,500 571,500 Paid for by assessments
59 2005B GO Equipment Certificate 64.900 63,945 955 City has interest earnings in Debt Service Fund
60 2005B GO Capital Improvement Bonds 128,200 126.305 1,895 City has interest earnings in Debt Service Fund
61 2006A GO PIR Bonds 133,624 133,624 Paid for by assessments
62 2006B GO Equipment Certificate 169.763 188.475 (18,712) City levying for two interest payments
2007 GO Equipment Certificate 200.000 (200,000) Bonds not yet issued
2004 EDA Public Facility Lease Rev 889,718 (889.718) Lease revenue payment per pledge agreement
Total $ 1,433,037 $ 1.833,494 $ (400.457)
o
o
o
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO. 110-06
A RESOLUTION ADOPTING THE CITY OF ANDOVER 2007 PROPOSED PROPERTY TAX LEVY TO BE
CERTIFIED TO THE COUNTY AUDITOR.
WHEREAS, the preparation and adoption of operating budgets is recognized as sound fmancial practice; and
WHEREAS, the City of Andover receives significant financial support from its residents through the payment
of property taxes; and
WHEREAS, the City of Andover has the responsibility to appropriately and efficiently manage the public's
funds; and
WHEREAS, Minnesota State Law requires the City to certify to the County Auditor a proposed tax levy and
budget prior to September 15,2006.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Andover hereby adopts the
proposed 2007 property tax levy totaling $9,316,427 as listed on Attachment A.
Adopted by the City of Andover this 5th day of September 2006.
CITY OF ANDOVER
o
ATTEST:
~
~;,..I IJ/b
Victoria Yolk - City Clerk
o
o
STATE OF MINNESOTA)
COUNTYOFANOKA )
CITY OF ANDOVER )
I, the undersigned, being the duly qualified and acting City Clerk of the City of Andover, Minnesota, do
hereby certifY that I have carefully compared the attached Resolution No. 110-06 adopting the 2007 Proposed
Property Tax Levy with the original record thereof preserved in my office, and have found the same to be true
and correct transcript of the whole thereof.
IN TESTIMONY WHEREOF, I have hereunto subscribed my hand this 5th day of September 2006.
o
f.U;~ (J..!b
Victoria V olk - City Clerk
o
CITY OF ANDOVER, MINNESOTA
Proposed 2007 Property Tax Levy
Attachment A
o
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 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
o
Other Levies
Capital Projects Levy
Capital EquipmentlProject
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
o
o
CITY OF ANDOVER
COUNTYOFANOKA
STATE OF MINNESOTA
RES. NO. R109-06
A RESOLUTION APPROVING CONDITIONAL USE PERMIT FOR USED VEHICLE
SALES ON PROPERTY LOCATED AT 16191 ROUND LAKE BOULEVARD LEGALLY
DESCRIBED AS LOT 1, BLOCK 1 WESTVIEW INDUSTRIAL PARK, ANOKA COUNTY
MINNESOTA
WHEREAS, Joe Brabant has requested approval of a conditional use permit for used vehicle
sales on the subject property, and;
WHEREAS, the applicant has requested a variance to City Code 12-13-9 to allow one drive lane
for two way traffic to be less than 24 feet in width, and;
WHEREAS, the findings for the proposed variance are that the drive lane is only slightly below
the requirement at 22.26 feet in width and will be used to access parking stalls primarily for
display of vehicles for sale, and;
WHEREAS, the applicant has requested a variance to City Code 12-13-6 to allow less than the
required amount of trees and shrubs and a variance to City Code 12-13-5 to allow the parking
area not to be screened from Round Lake Boulevard, and;
o WHEREAS, the Planning Commission was in favor of the variance to the width of one drive
lane and divided on whether to allow the variance to the landscaping and screening requirements,
and;
WHEREAS the Planning Commission recommended that a landscaping plan be submitted for
review by the City Council, and;
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby
agrees with the recommendation of the Planning and Zoning Commission and approves used
vehicle sales on the subject property subject to the following:
1. The applicant shall be required to obtain approval of a vehicle sales business license from
the City Council.
2. The applicant shall complete the Commercial Site Plan process with the City of Andover,
including redesign of the site to conform with all applicable sections of the City Code.
3. The applicant shall be required to submit an irrevocable letter of credit in the amount
necessary to complete the parking area, ponding and landscaping that are required for the
subject property.
4. The Landscaping Plan shall conform to the plan stamped received by the City of Andover
August 29,2006.
Adopted by the City Council of the City of Andover on this 5th day of September, 2006.
o
ATTEST:
j~Ot'~
Victoria V olk, City Clerk
.
CITY OF ANDOVER
COUNTYOFANOKA
STATE OF MINNESOTA
RES. NO. 108-06
A RESOLUTION APPROVING THE LOT SPLIT REQUEST OF PETER A. LEUTY
TO SUBDIVIDE A RURAL RESIDENTIAL LOT INTO TWO LOTS FOR PROPERTY
LOCATED AT 1947 161 st AVENUE NW AND LEGALLY DESCRiBED AS:
The Southwest Quarter of the Northeast Quarter of Section 15, Township 32, Range 24,
Anoka County, Minnesota lying northerly of ANOKA COUNTY RIGHT OF WAY
PLAT NO. 20 said Anoka County, Minnesota.
To be divided into properties to be described as;
PARCEL A: That part of the Southwest Quarter of the Northeast Quarter of Section 15,
Township 32, Range 24, Anoka County, Minnesota lying northerly of ANOKA
COUNTY RiGHT OF WAY PLAT NO. 20 said Anoka County, Minnesota and also
lying westerly of the following described line and its extensions:
.
Commencing at the intersection of the north line of said ANOKA COUNTY RiGHT OF
WAY PLAT NO. 20 and the east line of said Southwest Quarter of the Northeast Quarter;
thence on an assumed bearing of North 88 degrees 39 minutes 46 seconds West, along
said north line, a distance of 300.00 feet to the point of beginning of the line to be
described; thence North 00 degrees 31 minutes 48 seconds East a distance of 730.00 feet;
thence North 35 degrees 00 minutes 00 seconds West a distance of 275.00 feet; thence
North 10 degrees 00 minutes 00 seconds West a distance of312.66 feet to the north line
of said Southwest Quarter of the Northeast Quarter and said described line there
terminating.
PARCEL B: That part of the Southwest Quarter of the Northeast Quarter of Section 15,
Township 32, Range 24, Anoka County, Minnesota lying northerly of ANOKA
COUNTY RiGHT OF WAY PLAT NO. 20 said Anoka County, Minnesota and also
lying easterly ofthe following described line and its extensions:
Commencing at the intersection of the north line of said ANOKA COUNTY RiGHT OF
WAY PLAT NO. 20 and the east line of said Southwest Quarter of the Northeast Quarter;
thence on an assumed bearing of North 88 degrees 39 minutes 46 seconds West, along said
north line, a distance of 300.00 feet to the point of beginning of the line to be described;
thence North 00 degrees 31 minutes 48 seconds East a distance of 730.00 feet; thence North
35 degrees 00 minutes 00 seconds West a distance of275.00 feet; thence North 10 degrees 00
minutes 00 seconds West a distance of 312.66 feet to the north line of said Southwest Quarter
of the Northeast Quarter and said described line there terminating.
Q
WHEREAS, Peter A. Leuty, the applicant, has requested approval of a lot split to
subdivide a residential property pursuant to City Code 13-1; and
o
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO. 107-06
A RESOLUTION APPROVING THE LOT SPLIT REQUEST OF PETER A. LEUTY
TO SUBDIVIDE A RURAL RESIDENTIAL LOT INTO TWO LOTS FOR PROPERTY
LOCATED AT 194716lst AVENUENW AND LEGALLY DESCRIBED AS:
The Southwest Quarter of the Northeast Quarter of Section 15, Township 32, Range 24,
Anoka County, Minnesota lying northerly of ANOKA COUNTY RIGHT OF WAY
PLAT NO. 20 said Anoka County, Minnesota
To be divided into properties to be described as;
PARCEL A: That part of the Southwest Quarter of the Northeast Quarter of Section 15,
Township 32, Range 24, Anoka County, Minnesota lying northerly of ANOKA
COUNTY RIGHT OF WAY PLAT NO. 20 said Anoka County, Minnesota and also
lying westerly of the following described line and its extensions:
o
Commencing at the intersection of the north line of said ANOKA COUNTY RIGHT OF
WAY PLAT NO. 20 and the east line of said Southwest Quarter of the Northeast Quarter;
thence on an assumed bearing of North 88 degrees 39 minutes 46 seconds West, along
said north line, a distance of 300.00 feet to the point of beginning of the line to be
described; thence North 00 degrees 31 minutes 48 seconds East a distance of 730.00 feet;
thence North 35 degrees 00 minutes 00 seconds West a distance of 275.00 feet; thence
North 10 degrees 00 minutes 00 seconds West a distance of 312.66 feet to the north line
of said Southwest Quarter of the Northeast Quarter and said described line there
terminating.
PARCEL B: That part of the Southwest Quarter of the Northeast Quarter of Section 15,
Township 32, Range 24, Anoka County, Minnesota lying northerly of ANOKA
COUNTY RIGHT OF WAY PLAT NO. 20 said Anoka County, Minnesota and also
lying easterly of the folloWing described line and its extensions:
Commencing at the intersection of the north line of said ANOKA COUNTY RIGHT OF
WAY PLAT NO. 20 and the east line of said Southwest Quarter of the Northeast Quarter;
thence on an assumed bearing of North 88 degrees 39 minutes 46 seconds West, along said
north line, a distance of 300.00 feet to the point of beginning of the line to be described;
thence North 00 degrees 31 minutes 48 seconds East a distance of 730.00 feet; thence North
35 degrees 00 minutes 00 seconds West a distance of275.00 feet; thence North 10 degrees 00
minutes 00 seconds West a distance of312.66 feet to the north line of said Southwest Quarter
of the Northeast Quarter and said described line there terminating.
o
WHEREAS, Peter A. Leuty, the applicant, has requested approval of a lot split to
subdivide a residential property pursuant to City Code 13-1; and
-3-
o
WHEREAS, The Planning and Zoning Commission has reviewed the request and has
determined that said request meets all requirements of City Code 13-1 Splitting Lots,
Parcels or Tracts of Land; and
WHEREAS, a public hearing was held pursuant to state statutes; and
WHEREAS, the Planning and Zoning Commission recommends to the City Council
approval of the lot split as requested.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover
hereby agrees with the recommendation of the Planning and Zoning Commission and
approves the lot split on said property subject to the following conditions:
1. The applicant shall provide a ten-foot wide drainage and utility easement in favor
of the City adjacent to all property lines of both lots. The applicant shall file
separate easement documents with Anoka County granting these easements.
2. A cross access agreement allowing access between parcels A and B in perpetuity
shall be recorded with Anoka County.
o
3. The shared driveway and the separate driveways for both properties shall be
brought up to and maintained at the standard of an "access drive" as defined by
City Code section 12-12-2 and the International Fire Code.
4. The lot split is subject to the suitability of both parcels to provide for adequate
sewage disposal areas and soil suitability.
5. The applicant shall be required to pay a park dedication fee of $2,425.
6. The applicant shall be required to pay a trail fee of $590.
7. The lot split shall be subject to a sunset clause as defined in City Code Chapter
13-1-6-F.
Adopted by the City Council of the City of Andover on this 5th day of Sept . ,2006.
CITY OF ANDOVER
~A Rc.d~. '&~
/ "Michael R. Gamache, Mayor
ATTEST:
Victoria V olk, City Clerk
o
-<1-
o
o
o
EXTRACT OF MINUTES OF MEETING OF
THE CITY COUNCIL OFTHE
CITY OF ANDOVER, MINNESOTA
HELD: September 5, 2006
Pursuant to due call and notice thereof, a regular or special meeting of the City Council
of the City of Andoyer, Minnesota, was duly called and held at the City Hall on September 5,
2006, at 7:00 o'clock p.m.
The following members were present: Jacobson, Knight, Gamache, Orttel, Trude
and the following were absent: none
Member Jacobson introduced the following resolution and moved its adoption:
RESOLUTION CALLING FOR AN ELECTION ON
$2,000,000 GENERAL OBLIGATION BONDS
R106-06
BE IT RESOLVED by the City Council (the "Council") of the City of Andover,
Minnesota (the "City"), as follows:
1. Project. This Council has investigated the facts and does hereby find, determine
and declare that it is necessary and expedient to issue general obligation bonds to fmance the
acquisition of land from willing sellers for the preservation of natural areas, water and air quality
and wildlife habitat, for which spending would be subject to an annual audit.
2. Election. The proposition of authorizing the issuance of not to exceed $2,000,000
general obligation bonds for said purpose shall be submitted to the qualified electors of the City
at the general election to be held on November 7,2006. The election shall be held between the
hours of7:00 a.m. and 8:00 p.m. The polling places for the election shall be:
Precinct
Polling Place
1
Hope Lutheran Church
16180 Round Lake Boulevard NW
2
Grace Lutheran Church
13655 Round Lake Boulevard NW
3
Riverdale Assembly of God Church
3210 Bunker Lake Boulevard NW
4
Crooked Lake Elementary School
2939 Bunker Lake Boulevard NW
1938824vl
o
o
o
5
Meadow Creek Church
3037 Bunker Lake Boulevard NW
6
Bunker Hills Activity Center
550 Bunker Lake Boulevard NW
7
Constance Evangelical Free Church
16150 Crosstown Boulevard NW
8
Andover Christian Church .
16045 Nightingale Street NW
9
Prairie Oak Community Church
1657 161st Avenue NW
10
Andover Elementary School
14950 Hanson Boulevard NW
3. Notice and Ballot. The Clerk is hereby authorized and directed to post and
publish according to law a Notice of Election and Ballot, and to prepare ballots for the question
for use at the election, which notice and ballot shall be in substantially the following forms:
1938824vl
2
o 4. Election Judges. Election judges will be appointed at least twenty five days prior
to the election.
5. Manner; Canvass. The election shall be held and conducted in accordance with
the statutes of the State of Minnesota applicable, and the Council shall meet as required by law
for the purpose of canyassing the election and declaring the results thereof.
The motion for the adoption of the foregoing resolution was duly seconded by member
Knight and, after full discussion thereof and upon a vote being taken thereon, the following
voted in favor thereof: Jacobson, Knight, Gamache, Orttel, Trude
and the following voted against the same: none
Whereupon the resolution was declared duly passed and adopted.
o
o
1938824vl
6
o
o
o
CITY QUESTION BALLOT
CITY OF ANDOVER
November 7, 2006
INSTRUCTION TO VOTERS: To vote for a question, put an (X) in the square next to the word
"YES" for that question. To vote against a question, put an (X) in the square next to the word
"NO" for that question.
CITY QUESTION NO.1
PRESERVATION OF WATER, WILDLIFE AND NATURAL HABITAT AREAS
o YES
"Shall the City of Andover, Minnesota, be authorized to issue its
general obligation bonds in an amount not to exceed $2,000,000 to
finance the acquisition of land from willing sellers for the preservation
of natural areas, water and air quality and wildlife habitat? Spending
would be subject to an annual audit."
o NO
BY VOTING "YES" ON TillS BALLOT QUESTION, YOU ARE VOTING FOR A
PROPERTY TAX INCREASE.
This proposal would cost approximately $8 per year for each $100,000 in property value
on most property types. The maximum amount of increased levy as a percentage of
market value is .0078% and the maximum amount that would be raised by the new
referendum tax rate in the first year if it were to be levied is $195,539.
1938824vl
5
o STATE OF MINNESOTA
COUNTY OF ANOKA
CITY OF ANDOVER
I, the undersigned, being the duly qualified and acting Clerk of the City of Andover,
Minnesota, DO HEREBY CERTIFY that I have carefully compared the attached and foregoing
extract of minutes with the original minutes of a meeting of the City Council duly called and
held on the date therein indicated, which are on file and of record in my office, and the same is a
full, true and correct transcript therefrom insofar as the same relate to an election on the
proposed issuance of general obligation bonds to finance the acquisition of land from willing
sellers for the preservation of natural areas, water and air quality and wildlife habitat, for which
spending would be subject to an annual audit.
,0
WITNESS my hand as such Clerk on September 5, 2006.
J.. -k'A./ !j,//~
City Clerk
o
I 938824vl
7
o
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO RI04-06
A RESOLUTION APPROVING THE FINAL PLAT OF "PARKS IDE AT ANDOVER
STATION SECOND ADDITION" ON PROPERTY LOCATED IN SECTION 34,
TOWNSHIP 32, RANGE 24, LEGALLY DESCRIBED AS:
Lot 4, Block 1 ANDOVER STATION NORTH, according to the recorded plat thereof,
Anoka County, Minnesota, AND
Outlots A and B, PARKS IDE AT ANDOVER STATION, according to the recorded plat
thereof, Anoka County, Minnesota
WHEREAS, the City Council has approved the preliminary plat of the project to be
known as "Parkside at Andover Station Second Addition"; and
WHEREAS, the Developer has presented a final plat of Parks ide at Andover Station
Second Addition; and
o
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Andover to hereby approye the final plat of Parks ide at Andover Station Second Addition
contingent upon the following:
1. The plat shall conform to the final plat stamped received by the City of Andover
August 28,2006 and shall be subject to all of the conditions of Preliminary Plat
Resolution R068-06.
2. Park dedication and trail fees shall be paid on a per unit basis at the rate in effect
at the time of preliminary plat approval and subject to increase as provided by
state statute. This payment shall be based on the number of units on the final plat
and shall be made prior to the City's release of the final plat.
3. The developer shall be responsible for the cost of construction of all
improvements proposed as a part of the plat.
4. Contingent upon staff review and approval for compliance with City ordinances,
policies and guidelines.
5. Such plat approval is contingent upon a development agreement acceptable to the
City Attorney. A financial guarantee is required as a part of this agreement to
assure all of the subdivision improvements will be completed.
Adopted by the City Council of the City of Andover this 5th day of September, 2006.
o
ATTEST:
!l~ (J/,b
Victoria Vo1k, City Clerk
o
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO. 103-06
MOTION by Councilmember
Jacobson
to adopt the following:
A RESOLUTION DECLARING COST AND DIRECTING PREPARATION OF
ASSESSMENT ROLL FOR THE IMPROVEMENT OF WATER MAIN ,FOR
PROJECT 05-58, 3532 _135th AVENUE NW.
THE CITY COUNCIL OF THE CITY OF ANDOVER HEREBY RESOLVES:
o
WHEREAS, the expenses incurred or to be incurred in the making of
such improvement amount to $ 4.882.86 so that the total cost of the
improvement will be $ 4.882.86
1. NOW, THEREFORE BE IT RESOLVED by the City Council of the City of
Andover, MN: The portion of the cost of such improvement to be paid by the
City is hereby declared to be $ 0.00 the amount to be assessed against
benefited property owners is declared to be $ 4.882.86 _
2. Assessments shall be payable in equal annual installments extending over a
period of .Q.... years. The first of the installments to be payable on or before the
1 st Monday in January 2006 ,and shall bear interest at the rate of 6
percent per annum from the date of the adoption of the assessment resolution.
3. The City Clerk, with the assistance of the City Engineer shall forthwith calculate
the proper amount to be specially assessed for such improvement against every
assessable lot, piece or parcel of land within the district affected, without regard
to cash valuation, as provided by law, and she shall file a copy of such
proposed assessment in her office for public inspection.
4. The Clerk shall, upon the completion of such proposed assessment, notify the
Council thereof.
MOTION seconded by Councilmember
City Council at a reqular meeting this 5th
Kniqht and adopted by the
day of September ,2006, with
Councilmembers Jacobson (present), Kniaht. Orttel. Gamache. Trude
voting in favor of the resolution, and Councilmembers none
voting against, whereupon said resolution was declared passed.
CITY OF ANDOVER
ATTEST:
o
IL:~ ().Lb
Victoria Volk - City Clerk
o
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO. 102-06
MOTION by Council member
Jacobson
to adopt the following:
A RESOLUTION DECLARING COSTS AND DIRECTING PREPARATION OF ASSESSMENT ROLL
FOR THE IMPROVEMENT PROJECT NO. 05-39 FOR ANDOVER STATION NORTH BLOCK 3
IMPROVEMENTS .
THE CITY COUNCIL OF THE CITY OF ANDOVER HEREBY RESOLVES:
WHEREAS, a contract has been entered into for the construction of the improvements and the
contract price for such improvement is $198.531.58 plus $3.893.00 for seal coat, and the expenses
incurred or to be incurred in the making of such improvement amount to $66.058.76 and charges
previously assessed in the amount of $0.00 ,so that the total cost of the improvement will be
$268.483.34 .
NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Andover, MN:
o
1. The portion of the cost of such improvement to be paid by the City is hereby declared to be
$0.00 the amount to be assessed against benefited property owners is declared to be
$268.483.34
2. Such assessments shall be payable in semi-annual installments, together with principal and
accrued interest, extending over a period of 5 years. The first of the installments to be
payable on or before the 15th day of April 2007, and shall bear interest at the rate of 6
percent per annum from the date of the adoption of the assessment resolution.
3. The City Clerk, with the assistance of the City Engineer shall forthwith calculate the proper amount
to be specially assessed for such improvement against every assessable lot, piece or parcel of land
within the district affected, without regard to cash valuation, as provided by law, and she shall file a
copy of such proposed assessment in her office for public inspection.
4. The Clerk shall, upon the completion of such proposed assessment, notify the Council thereof.
MOTION seconded by Councilmember
Kniaht
and adopted by the City Council
at a reaular meeting this 5th
day of September
, 2006 , with Councilmembers
Jacobson (present), Kniaht. Orttel, Gamache. Trude
voting in favor of the resolution, and
Councilmembers
none
voting against, whereupon said resolution was declared
passed.
CITY OF ANDOVER
ATTEST:
o a;:i;,;~ a./b
Victoria Volk - City Clerk
o
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RESOLUTION R10l-06
A RESOLUTION APPROVING A PREMISES PERMIT FOR THE ANDOVER
HUSKIES YOUTH HOCKEY ASSOCIATION TO CONDUCT LAWFUL
GAMBLING AT TANNERS STATION, 13655 MARTIN STREET NW, ANDOVER,
MN.
WHEREAS, the Andover Huskies Youth Hockey Association has submitted an
application to the City of Andover for a premises permit to operate lawful gambling at
Tanners Station, 13655 Martin Street, Andover, MN; and
WHEREAS, per Minnesota Gambling Control requirements, a resolution must be
adopted by City Council within 60 days of receipt of the application.
NOW, THEREFORE, BE IT RESOLVED by the City Council of Andover,
Anoka County, Minnesota, that a premises permit for lawful gambling conducted by the
Andover Huskies Youth Hockey Association is hereby approved.
o Adopted by the City Council of the City of Andoyer this 15th day of August, 2006.
o
CITY OF ANDOVER
Attest:
t1-,~~ (/~
Victoria Volk - City Clerk
o.
o
o
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO RlOO-06
A RESOLUTION APPROVING THE FINAL PLAT OF "COUNTRY OAKS SOUTH"
FOR HERMANSON HOMES ON PROPERTY LEGALLY DESCRIBED AS
FOLLOWS:
The West 300.00feet of the South 363.00 feet of the Northeast Quarter of Section 14,
Township 32, Range 24, Anoka County, Minnesota
WHEREAS, the City Council has approved the preliminary plat of the project to
be known as "Country Oaks South"; and
WHEREAS, Hermanson Homes has presented the final plat of Country Oaks
South; and
WHEREAS; the Andover Review Committee has reviewed such final plat for
conformance with the preliminary plat.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andoyer to
hereby approve the [mal plat of Country Oaks South contingent upon receipt of the
following:
1. The final plat shall conform to the plan stamped received by the City of
Andover on August 10, 2006.
2. The developer shall conform to all conditions of Preliminary Plat Resolution
R087-06.
3. The developer shall be responsible for the cost of construction of all
improvements approved as a part ofthe preliminary plat. Such plat approval
is contingent upon a development agreement acceptable to the City Attorney.
A financial guarantee will be required as a part of this agreement to assure all
of the subdivision improvements will be completed.
4. Subj ect to final review of City Staff for compliance with City ordinances,
policies, guidelines and conditions of preliminary and final plat approval.
5. Developer is responsible for obtaining all permits from U.S. Army Corps of
Engineers, DNR, LGU, watershed district, MPCA and any other agency that
may be interested in the site.
Adopted by the City Council of the City of Andover this 15th day of August, 2006.
ATTEST: II
~J4
Victoria V olk, City Clerk
o
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO. 099-06
MOTION by Councilmember Jacobson
to adopt the following:
A RESOLUTION ACCEPTING CONTRIBUTIONS MADE TO THE CITY OF ANDOVER TO BE
USED TOWARDS THE CONCERT IN THE PARK.
WHEREAS, any contributions that are to be made to the City of Andover must be
accepted by the City Council; and
WHEREAS, the contributions from various entities of $700 is to be used towards the
Concert in the Park.
Becks Auto $ 50;00 1 st Regents Bank $ 50.00
G-WiII Liquors 50.00 Jim Borden 50.00
Dvlan, LLC 50.00 Body Image, Inc 50.00
Ace Solid Waste 50.00 Radiance, LLC 50.00
Good Guy Music 50.00 Taho Holdings, LLC 50.00
Jeff Baker American Family InsuranD 100.00 Pov's Sports Bar & GI 50.00
Northwest Transmission 50.00
0 $ 700.00
NOW, THEREFORE BE IT RESOLVED by the City Council to hereby accept the contributions,
which is to be used towards the concert in the park.
MOTION seconded by Councilmember
Kniqht
and adopted by the City
Council at a regular meeting this 15th day of August 2006, with Councilmembers
Gamache. Kniqht, Orttel. Jacobson. Trude voting in favor of the resolution, and
Councilmembers none voting against, whereupon said resolution was declared passed.
CITY OF ANDOVER
ATTEST:
o
II:/~ {/r/.b
Victoria Volk - City Clerk
o
CITY OF ANDOVER
COUNTYOFANOKA
STATE OF MINNESOTA
RESOLUTION NO. R098-06
A RESOLUTION APPOINTING JUDGES TO SERVE AT THE SEPTEMBER 12,
2006 PRIMARY ELECTION IN THE CITY OF ANDOVER.
WHEREAS, the City Council is required by State Statute to appoint election judges to
serve at the September 12,2006 Primary Election.
NOW, THEREFORE, BE IT RESOLVED that the following are appointed to serve as
election judges at the September 12, 2006 Primary Election.
o
Precinct #1 - Hope Lutheran Church
Gloria Young, Chief Judge
LeeAnn Horton
Carol Moeller
John Moore
Deborah Olson
Shirley Olson
Richard Snyder
Sylvia V olk
Precinct #2 - Grace Lutheran Church
Kelly Danzl, Chief Judge
Nancy Ahlberg
Christine Deggendorf
Frances Gargano
Micki Harris
John Johanson
Joann Koechler
Bonnie Lapham
Fred Lown
Rebecca Pease
Marie Romo
Precinct #3 - Riverdale Assembly of God Church
o
Phyllis Kieffer, Chief Judge
Virginia Anderson
Elaine Boos
Herb Conrow
Quinley Free
Kay Funk
Irene Kroll
o Precinct #3. Cont.
Sue McBride
Barbara Peters
Janice Quick
Christine Schonning
Connie Schultz
Precinct #4 - Crooked Lake Elementary School
Gretchen Sabel, Chief Judge
Ted Butler
Leatrice Cooper
Stan Graf
Mildred Johnson
Peggy Johnson
Barb Rule
Lorraine Tressel
Precinct #5 - Meadow Creek Church
o
Terry VanNote, ChiefJudge
Susan Ctvrtnik
Ginger Nelson
Don Ahlberg
Jerome Lapham
Luther Romo
Precinct #6 - Bunker Hills Activity Center
Marlene Westphal, Chief Judge
Dan Frost
Albert LaCombe
Dan Lehrer
Judy Lestina
Carol Mueller
Mary Munson
Sandy Roslin
Susan Beal
Precinct #7 - Constance Free Church
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Lois Spadgenske, Chief Judge
Shirley Beam
Naomi Buie
Eva Karp
Lisa Nicoski
Mary Sullivan
Loretta Sunderland
Edith Tray
John Wolf
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Precinct #7, Cont.
Peter Dobratz
Tammy Grissman
Precinct #8 - Andover Christian Church
Tom Johnson, Chief Judge
Marie Bourque
Charles Buckman-Ellis
Corrine Bnfllmm
Virginia Hayes
Madeline Hoopman
Jean Olson
Amy Piacentini
Sandy Nelson
Precinct #9 - Prairie Oak Community Church
o
Cindy Brostrom, Chief Judge
Bruce Crane
Susan Fanucci
Gary Homing
Dolores Jeska
Norma Johnson
Peggy Kuntz
Patricia Matthies
William Obedoza
Marlene Palm
Nancy Pos1
Crmen Rossi
Lucy Schalwig
Mary White
Precinct # 10 - Andover E1ementarv School
Melissa Rustman, Chief Judge
James Anderson
Stan Deden
Julie Hotley
Linda Louie
Todd Spanier
Michael St. John
o Robert Stromgren
Adopted by the City Council of the City of Andover this 15th day of August. 2006.
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CITY OF ANDOVER
Attest:
~ f11b
Victoria V olk - City Clerk
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CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO. 097-06
MOTION by Councilmember
Jacobson
to adopt the following:
A RESOLUTION ORDERING IMPROVEMENT AND DIRECTING PREPARATION OF
PLANS AND SPECIFICATIONS FOR THE IMPROVEMENT OF PROJECT NO. 06-40,
FOR TRAFFIC SIGNAL IMPROVEMENTS AT ROUND LAKE BOULEVARD NW &
BUNKER LAKE BOULEVARD NW.
WHEREAS, the City Council is cognizant of the need for the improvement; and
o
NOW, THEREFORE BE IT RESOLVED by the City Council to order the
improvement of Traffic Siqnal Improvements at Round Lake Boulevard NW & Bunker
Lake Boulevard NW, Project 06-40; and
BE IT FURTHER RESOLVED by the City Council to hereby direct SEH. Inc. to
prepare the plans and specifications for such improvement project.
MOTION seconded by Councilmember
Kniqht
and adopted by the
City Council at a reqular meeting this 15th
day of Auqust , 2006 , with
Councilmembers Jacobson. Kniqht. Orttel. Trude. Gamache
voting
in favor of the resolution, and Councilmembers none
voting against, whereupon said resolution was declared passed.
CITY OF ANDOVER
ATTEST:
o !1~IJ;-/.6
Victoria Volk - City Clerk
o
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO. 096-06
A RESOLUTION REQUESTING A SPEED STUDY FOR THE MEADOWLARK
HEIGHTS DEVELOPMENT (154TH AVENUE NW/COTTONWOOD STREET NW,
153RD LANE NW AND DOGWOOD STREET NW) LOCATED IN SECTION 24,
TOWNSHIP 32, RANGE 24 IN THE CITY OF ANDOVER.
WHEREAS, the Minnesota Department of Transportation is requested to do a
speed study, and;
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NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Andover to hereb~ request a study with MnDOT for the Meadowlark Heights
development (154 Avenue NW/Cotlonwood Street NW, 153rd Lane NW and
Dogwood Street NW).
Adopted by the City Council of the City of Andover this 15th day of Auqust,
2006.
CITY OF ANDOVER
ATTEST:
~ (J.,/b
Victoria Volk - City Clerk
o
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CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO. R095-06
A RESOLUTION AMENDING THE CONDITIONAL USE PERMIT REQUEST OF NEXTEL
COMMUNICATIONS TO PERMIT THE INSTALLATION OF TELECOMMUNICATION
EQUIPMENT PURSUANT TO TITLE 9-12 ON TOP AND IN THE BASE OF THE
EXISTING WATER TOWER LOCATED AT 1717 CROSSTOWN BOULVARD NW.
WHEREAS, Nextel / Sprint currently leases space for nine antennas on the top ofthe water
tower at 1717 Crosstown Boulevard NW and 141 square feet of space on an elevated platform in
the base of the water tower; and
WHEREAS, Nextel / Sprint has requested permission to install three additional antennas on the
top ofthe water tower at 1717 Crosstown Boulevard NW; and
WHEREAS, Nextel / Sprint has requested permission to use 141 additional feet of storage space
underneath the elevated platform in the base of the water tower at 1717 Crosstown Boulevard
NW; and
WHEREAS, the Public Works and Engineering Departments have reviewed the proposed
o additions; and
WHEREAS, the Planning and Zoning Commission finds the request would not have a
detrimental effect upon the health, safety, morals, and general welfare ofthe City of Andover;
and
WHEREAS, the Planning and Zoning Commission recommends to the City Council approval of
the Conditional Use Permit Amendment as requested.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby
agrees with the recommendation of the Planning and Zoning Commission and approves the
Conditional Use Permit Amendment on said property.
Adopted by the City Council of the City of Andover on this 2nd day of August, 2006.
CITY OF ANDOVER
ATa.TEST:
i ~ (),,/b
Victoria V olk, City Clerk
o
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CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO. 094-06
MOTION by Council member
Trude
to adopt the following:
A RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR THE
IMPROVEMENT OF PROJECT NO. 05-11 ,TULIP STREET NW BETWEEN 161sT
AVENUE NW AND VALLEY DRIVE NW & PROJECT NO. 06-20A, MEADOW CREEK
CHRISTIAN SCHOOL TURN LANE IMPROVEMENTS.
WHEREAS, pursuant to advertisement for bids as set out in Council Resolution No.
082-06 , dated Julv 5, 2006, bids were received, opened and tabulated according to
law with results as follows:
North Pine Aggregate
Forest Lake Contracting
Dresel Contracting Inc.
$1,347,877.93
$1,613,072.76
$1,635.202.65
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to
hereby accept the bids as shown to indicate North Pine Aqqreqate as being the
apparent low bidder.
BE IT FURTHER RESOLVED TO HEREBY direct the Mayor and City Clerk to enter
into a contract with North Pine Aqqreqate in the amount of $1.347.877.93 for
construction of the improvements; and direct the City Clerk to return to all bidders the
deposits made with their bids, except that the deposit of the successful bidder and the next
two lowest bidders shall be retained until the contract has been executed and bond
requirements met.
MOTION seconded by Council member Kniqht and adopted by the
City Council at a reQular meeting this 2nd day of Auqust , 2006 , with
Council members Trude. Jacobson (abstain). Orttel. Gamache. Kniqht voting in favor
of the resolution, and Council members none voting
against, whereupon said resolution was declared passed.
CITY OF ANDOVER
ATTEST:
~ ()./t;
Victoria Volk - City Clerk
o
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO. 093-06
MOTION by Councilmember
Jacobson
to adopt the following:
A RESOLUTION ACCEPTING A CONTRIBUTION MADE TO THE CITY OF ANDOVER
TO BE USED TOWARDS THE SAFETY CAMP.
WHEREAS, any contributions that are to be made to the City of Andover must be
accepted by the City Council; and
WHEREAS, the contribution from Sam's Club Foundation of $1 ,250 is to be used
towards the Safety Camp.
NOW, THEREFORE BE IT RESOLVED by the City Council to hereby accept the
contribution, which is to be used towards the safety camp.
o
MOTION seconded by Councilmember Orttel
and adopted by the City
Council at a regular meeting this 2nd day of August 2006, with Councilmembers
Gamache, Orttel, Jacobson, Kniqht, Trude voting in favor of the resolution, and
Councilmembers none voting against, whereupon said resolution was declared
passed.
CITY OF ANDOVER
ATTEST:
~Rrd~.#~
/Michael R. Gamache - Mayor
O. ,t;.;.J t1./b
Victoria Volk - City Clerk
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CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO. 090-06
MOTION by Council member
Orttel
to adopt the following:
A RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT (BASE BID &
ALTERNATE #1) FOR THE IMPROVEMENT OF PROJECT NO. 06-12, CROSSTOWN
BOULEVARD TRAIL AND FOR PROJECT NO. 06-17. THE OAKS PARK TRAIL.
WHEREAS, pursuant to advertisement for bids as set out in Council Resolution No.
079-06 ,dated June 20, 2006, bids were received, opened and tabulated according to
law with results as follows:
Contractor
Peterson Companies, Inc.
North Valley, Inc.
Jay Brothers, Inc.
Base Bid
$75,129.75
$69,925.68
$72,039.00
AIL #1
$64,098.00
$72,399.41
$72,823.00
Alt. #2
$14,745.00
$13,787.36
$15,469.50
Total Bid
$153,972.75
$156,112.45
$160.331.50
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to
hereby accept the bids as shown to indicate Peterson Companies. Inc. as being
the apparent low bidder.
BE IT FURTHER RESOLVED TO HEREBY direct the Mayor and City
Clerk to enter into a contract with Peterson Companies. Inc. in the amount of
$ 139.227.75 (Base Bid & Alternate #1) for construction of the improvements; and
direct the City Clerk to return to all bidders the deposits made with their bids, except that the
deposit of the successful bidder and the next two lowest bidders shall be retained until the
contract has been executed and bond requirements met.
MOTION seconded by Council member Trude
City Council at a reqular meeting this 18th day of Julv
Council members Orttel. Trude. Kniqht. Gamache. Jacobson
of the resolution, and Council members none
against, whereupon said resolution was declared passed.
CITY OF ANDOVER
and adopted by the
, 2006 , with
voting in favor
voting
ATTEST:
tL~ 0.&
Victoria Volk - City Clerk
o
o
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CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO. 089-06
A RESOLUTION APPROVING THE TULIP STREET CITY OF ANDOVER HIGHWAY
RIGHT-OF-WAY PLAT NO.6 FOR THE CITY OF ANDOVER ON PROPERTY
LOCATED ALONG TULIP STREET NW, PROJECT OS-11.
WHEREAS, the City of Andover has requested approval of a right-of-way plat for
properties along both sides of Tulip Street located north of County Road 20; described
as "City of Andover Right-of-Way Plat No.6", and;
WHEREAS, the City of Andover in order to construct the improvements on Tulip
Street requires a dedication of additional temporary and permanent right-of-way
facilitated by this right-of-way plat, and;
WHEREAS, the City of Andover has agreed to compensate the affected
properties that have dedicated additional right-of-way as shown on the plat.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover
has reviewed and approves of the right-of-way plat, described as "City of Andover
Highway Right-of-Way Plat No.6", subject to the following conditions:
1. Review and approval by the Anoka County Surveyor.
2. Address all staff comments on the plat.
Adopted by the City Council of the City of Andover this 18th day of Julv ,2006.
CITY OF ANDOVER
ATTEST:
~a.#
Victoria Volk - City Clerk
o
o
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CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO R088-06
A RESOLUTION APPROVING THE PRELIMINARY PLAT OF "WHITE PINE
WILDERNESS" FOR L & K DEVELOPMENT, LLC ON PROPERTY LOCATED IN
SECTION 14, TOWNSHIP 32 RANGE 24 LEGALLY DESCRIBED AS:
All that part of the South 16.50 feet of the Northeast Quarter of the Northwest Quarter of Section
14, Township 32 North, Range 24 West, and all that part of the South Half of said Northwest
Quarter which lies East of the East line of the West 717.89 feet of said South Half of the
Northwest Quarter, Northerly and Easterly of the South 689.92 feet of the West 815.00 feet of
said South Half of the Northwest Quarter and Westerly of the following described Line A:
Said Line A is described as follows:
Commencing at the Southeast comer of said South Half ofthe Northwest Quarter of Section 14;
thence North - degrees 18 minutes 42 seconds East along the East line of said South Half of the
Northwest Quarter, a distance of 495.51 feet to the Point of Beginning of said Line A; thence
north 46 degrees 55 minutes 20 seconds West, a distance of262.00 feet; thence North 17 degrees
47 minutes 32 seconds West, a distance of238.70 feet; thence north 38 degrees 23 minutes 22
seconds East, a distance of304.00 feet; thence North 82 degrees 36 minutes 28 seconds East, a
distance of 79.75 feet to said East line of the South Half of the Northwest Quarter and said Line
A there terminating.
Except that part platted as Anoka County Highway Right Of Way Plat No. 20, according to the
recorded plat thereof. Section 14, Township 32, Range 24, Anoka County, Minnesota.
WHEREAS, the Andover Review Committee has reviewed the preliminary plat; and
WHEREAS, pursuant to published and mailed notice thereof, the Planning Commission has
conducted a public hearing on said plat, and;
WHEREAS, the applicant has requested variances to City Code ll-3-3G to allow a street
terminating in a cul-de-sac to exceed 500 feet in length, and;
WHEREAS, the Planning Commission recommends approval of the proposed variance to City
Code ll-3-3G based on the following findings:
1) No option currently exists to connect a second street out of the development;
and
2) The variance will be eliminated when a street is extended to the west in the
future.
WHEREAS, the applicant has requested a variance to City Code 11-3-6-C to allow Lot 17, Block
3 to be platted while not having the required frontage on a publicly dedicated street, and;
o
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WHEREAS, the Planning Commission recommends approval of the variance based on the
finding that the request is temporary in nature and the variance will be eliminated when 162nd
A venue is extended westward in the future, and:
WHEREAS, as a result of such public hearing, the Planning Commission recommends to the
City Council the approval of the plat, and;
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby
approves the preliminary plat subject to the following conditions:
1. The Preliminary Plat shall address all comments from the Engineering department and
Community Development before grading may commence.
2. The Preliminary Plat shall address all comments from the Andover Parks and Recreation
Commission before grading may commence.
3. The developer shall pay a Park Dedication Fee as determined by the Parks Commission
and also a Trail Fee of $35,400. The final determination will be made prior to final plat
approval.
4. The developer obtains all necessary permits from the Coon Creek Watershed District,
DNR, Corps of Engineers, LGU, MPCA, Anoka County Highway Department and any
other agency that may be interested in the site.
5. The developer shall be responsible for the cost of construction of all improvements
proposed as a part ofthe preliminary plat.
6. Contingent upon staff review and approval for compliance with City ordinances, policies
and guidelines.
7. Such plat approval is contingent upon a development agreement acceptable to the City
Attorney. A financial guarantee will be required as a part of this agreement to assure all
of the subdivision improvements will be completed.
8. All urban areas north of l61st Avenue NW and Crane Street NW shall be responsible for
improvements to the intersection of 161 st Avenue NW and the proposed Crane Street NW
as required by the Anoka County Highway Department and the Andover Engineering
Department.
9. A variance has been granted to allow the platting of Lot 17, Block 3 with the condition
that no building permit will be issued for this lot until 162nd Avenue is extended to
provide required frontage for the lot.
10. An approved Letter of Map Amendment (LOMA's) from the Federal Emergency
Management Agency must be on file for Lots 9 and 10, Block 5 proving they are out of
the floodplain before the lots are included on a final plat.
11. The developer shall enter into a Development Contract with the City and shall pay all
relative fees (i.e. sanitary sewer, water area and connection fees, etc...)
12. Sanitary sewer and water main shall be extended to the site at the developer's expense.
Adopted by the City Council of the City of Andover this 18th day of July, 2006.
CITY OF ANDOVER
ATTI~ST:. /1
I)d~ JLb
Victoria V olk, City Clerk
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CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO R087-06
A RESOLUTION APPROVING THE PRELIMINARY PLAT OF "COUNTRY OAKS SOUTH"
FOR PROPERTY LOCATED AT 1177161sT AVENUENWDESCRIBEDAS;
The West 300.00 feet of the South 363.00 feet of the Northeast Quarter of Section 14, Township 32,
Range 24, Anoka County, Minnesota
WHEREAS, Hermanson Homes has requested approval of a preliminary plat for Country Oaks
South; and
WHEREAS, the Andover Review Committee has reviewed the preliminary plat; and
WHEREAS, pursuant to published and mailed notice thereof, the Planning Commission has
conducted a public hearing on said plat; and
WHEREAS, as a result of such public hearing, the Planning Commission recommends to the City
Council the approyal of the plat, and;
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby
agrees with the recommendation of the Planning and Zoning Commission and approves the
Preliminary Plat, with the following conditions:
1. The Preliminary Plat shall conform to the plans revised 07/05/06 and stamped received on
07/05/06.
2. The developer obtains all necessary permits from the Lower Rum River Watershed District,
DNR, Corps of Engineers, LGU, MPCA, Anoka County Highway Department and any other
agency that may be interested in the site.
3. Park dedication and trail fees shall be paid for two lots on a per unit basis as established by
the City Code. Rate increases shall be subject to State Statute.
4. The developer shall be responsible for the cost of construction of all improvements proposed
as a part of the preliminary plat.
5. All existing overhead utilities that exist along Wintergreen Street NW and serving the
existing home shall be removed and placed underground.
6. A variance to City Code 11-3-2 is granted to allow lots to front on a collector street.
7. Such plat approval is contingent upon a development agreement acceptable to the City
Attorney.
8. The developer shall enter into a development contract with the City and shall pay all relative
fees (i.e. sanitary sewer, water area and connection fees, etc.)
9. The Preliminary Plat shall address all comments from the Engineering department and
Community Development department before grading may commence.
Adopted by the City Council ofthe City of Andover this 18th day of July, 2006.
ATTEST:
f)~;&:,~ ()~
Victoria V olk, City Clerk
3
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CITY OF ANDOVER
COUNTYOFANOKA
STATE OF MINNESOTA
RES. NO R086-06
A RESOLUTION APPROVING THE FINAL PLAT OF "ANDOVER MARKETPLACE EAST
2ND ADDITION" ON PROPERTY LEGALLY DESCRIBED AS: OUTLOT C, ANDOVER
MARKETPLACE EAST, ANOKA COUNTY, MINNESOTA
WHEREAS, the City Council has approved the preliminary plat of the project to be known as
Andoyer Marketplace East 2nd Addition; and
WHEREAS, the Developer has presented the fmal plat of Andover Marketplace East 2nd
Addition; and
WHEREAS; the City Engineer has reviewed such fmal plat for conformance with the
preliminary plat.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to
hereby approve the final plat of Andover Marketplace East 2nd Addition contingent upon the
following:
1. The fInal plat shall conform to the preliminary plat approved on July 18, 2006.
2. The developer obtains all necessary permits from the Coon Creek Watershed District,
DNR, Corps of Engineers, LGU, MPCA, Anoka County Highway Department and any
other agency that may be interested in the site.
3. The developer shall be responsible for the cost of construction of all improvements
proposed as a part of the preliminary plat.
4. Contingent upon staff review and approval for compliance with City ordinances, policies
and guidelines and a development agreement acceptable to the City Attorney. A financial
guarantee will be required as a part of this agreement to assure all of the subdivision
improyements will be completed.
Adopted by the City Council of the City of Andover this 18th day of July, 2006.
ATTEST:
IL;./p,,;J lid
Victoria V olk, City Clerk
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CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO R085-06
A RESOLUTION APPROVING THE PRELIMINARY PLAT OF "ANDOVER
MARKETPLACE EAST 2ND ADDITION" FOR PROPERTY LEGALLY DESCRIBED AS:
OUTLOT C ANDOVER MARKETPLACE EAST, ANOKA COUNTY, MINNESOTA
WHEREAS, the Andover Review Committee has reyiewed the preliminary plat of Anover
Marketplace East 2nd Addition; and
WHEREAS, pursuant to published and mailed notice thereof, the Planning and Zoning
Commission has conducted a public hearing on said plat; and
WHEREAS, as a result of such public hearing, the Planning and Zoning Commission
recommends to the City Council the approval of the plat.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby
agrees with the recommendation of the Planning and Zoning Commission and approves the
preliminary plat to be known as "Andover Marketplace East 2nd Addition"; subject to the
following conditions:
1. The preliminary plat shall conform with plat drawing revised 06/05/06, and
stamped as "Received 06/05/06 by the City of Andover".
2. Each building site shall be required to complete the commercial site plan review process.
3. The developer obtains all necessary permits from the Coon Creek Watershed District,
DNR, Corps of Engineers, LGU, and MPCA.
4. Contingent upon staff review and approval for compliance with City ordinances, policies
and guidelines. Plans shall be revised as necessary to obtain approval from the Andoyer
Reyiew Committee and the Coon Creek Watershed Management Organization.
5. Such plat approval is contingent upon a development agreement acceptable to the City
Attorney. A financial guarantee will be required as a part of this agreement to assure all
site improvements indicated on the approyed plans will be completed. In the event the
developer wishes to begin grading of the site prior to establishing a development
agreement, the developer shall provide a fmancial guarantee that is sufficient to restore
the site to its predeve10pment conditions in an amount determined by the City Engineer.
6. All utilities and drainage areas on the site are private and will be maintained by the
owners association.
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7. ApproYal of Title, and property owners association documents of the property by the City
Attorney.
8. A cross access agreement allowing access between Lots 1 and 2 in perpetuity shall be
recorded with Anoka County.
9. The Preliminary Plat shall address all comments from the Engineering department and
Community Development department before grading may commence.
Adopted by the City Council of the City of Andover this 18th day of July, 2006.
AtlST:
~ {)LL--
Victoria V olk, City Clerk
CITY OF ANDOVER
~~~:;4--L
)<tchael R. Gamache, Mayor
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CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO. R084-06
A RESOLUTION APPROVING CONDITIONAL USE PERMIT FOR OFF SALE LIQUOR ON
PROPERTY TO BE DESCRiBED AS LOT 1, BLOCK 1 ANDOVER MARKETPLACE EAST
SECOND ADDITION, ANOKA COUNTY MINNESOTA
WHEREAS, HK & A, LLP has requested approval of a conditional use permit for off sale liquor on
the subject property, and;
WHEREAS, the Planning and Zoning Commission has reyiewed the request and has determined
that said request meets the criteria of City Code, and;
WHEREAS, the Planning and Zoning Commission fmds the request would not have a detrimental
effect upon the health, safety, and general welfare of the City of Andoyer, and;
WHEREAS, the Planning and Zoning Commission recommends to the City Council approval of the
conditional use permit request;
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby
agrees with the recommendation of the Planning and Zoning Commission and approves for off sale
liquor on the subject property subject to the following:
1. The applicant shall be required to obtain an off-sale liquor license from the City CounciL
2. The applicant shall complete the Commercial Site Plan process with the City of Andover.
3. The conditional use permit shall be subject to a sunset clause as defined in City Code
12-15-6.
4. The existing liquor license and conditional use permit for off sale liquor sales shall be
revoked upon Northgate Liquor's move to the new facility.
Adopted by the City Council of the City of Andover on this 18th day of July, 2006.
ATTEST:
CITY OF ANDOVER
/ ---=~/ .
~%..,.-/ ,,"'~//". "/.' /
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. .' .' -c..... .'
~hael R, Gamache, Mayor
~ OV&-
Victoria V olk, City Clerk
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CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO. 083-06
MOTION by Council member
Jacobson
to adopt the following:
A RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR THE
IMPROVEMENT OF PROJECT NOS. 05-32 (WOODLAND CROSSINGS), 05-24
(SHAW'S GLEN) & 05-20 (CARDINAL RIDGE) & ADJACENT PARCELS.
WHEREAS, pursuant to advertisement for bids as set out in Council Resolution No.
063-06 , dated May 16,2006, bids were received, opened and tabulated
according to law with results as follows:
Redstone Construction. Co. Inc.
Ryan Contracting Co.
Hydrocon Inc.
$1,928,781.28
$1,939,105.62
$1,973,249.00
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover
to hereby accept the bids as shown to indicate Redstone Construction. Co. Inc. as
being the apparent low bidder.
c
BE IT FURTHER RESOLVED TO HEREBY direct the Mayor and City Clerk to enter
into a contract with Redstone Construction. Co. Inc. in the amount of $1 ,928.781.28 for
construction of the improvements; and direct the City Clerk to return to all bidders the
deposits made with their bids, except that the deposit of the successful bidder and the next
lowest bidder shall be retained until the contract has been executed and bond
requirements met.
MOTION seconded by Council member Orttel
City Council at a special meeting this 5th day of July
Council members Jacobson. Trude. Orttel. Kniqht. Gamache
of the resolution, and Council members none
against, whereupon said resolution was declared passed.
and adopted by the
, 2006 , with
voting in favor
voting
CITY OF ANDOVER
ATTEST:
/Lt;~ Q&
o Victoria Volk - City Clerk
"
o
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO. 082-06
MOTION by Council member
Trude
to adopt the following:
A RESOLUTION APPROVING FINAL PLANS AND SPECIFICATIONS AND
ORDERING ADVERTISEMENT FOR BIDS FOR PROJECT NO. 05-11 ,TULIP
STREET NW BETWEEN 161sT AVENUE NW AND VALLEY DRIVE NW &
PROJECT NO. 06-20A, MEADOW CREEK CHRISTIAN SCHOOL TURN LANE
IMPROVEMENTS.
WHEREAS, pursuant to Resolution No. 049-06 , adopted by the City
Council on the 4th day of April , 2006, have
prepared final plans and specifications for Project No. 05-11.
WHEREAS, such final plans and specifications were presented to the City
Council for their review on the 5th day of July , 2006 .
o
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Andover to hereby approve the Final Plans and Specifications.
BE IT FURTHER RESOLVED by the City Council of the City of Andover to
hereby direct the City Clerk to seek public bids as required by law, with such bids to
be opened at 9:00 am ,July 28th ,2006 at the Andover City
Hall.
MOTION seconded by Council member Orttel and adopted by the
City Council at a reqular meeting this 5th day of July , 2006 , with
Council members Jacobson. Trude. Orttel, Kniqht, Gamache voting in
favor of the resolution, and Council members none voting against, whereupon
said resolution was declared passed.
CITY OF ANDOVER
ATTEST:
o
il~ ()/p
Victoria Volk - City Clerk
o
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO. 081-06
MOTION by Councilmember
Jacobson
to adopt the following:
A RESOLUTION APPROVING FINAL PLANS AND SPECIFICATIONS AND
SOLICITING FOR QUOTES FOR 2006 TRAIL MAINTENANCE ,PROJECT
NO. 06-7 .
WHEREAS, pursuant to Resolution No. 076-06 , adopted by the City
Council on the 20tli day of June , 2006 ,the City Enqineer has
prepared final plans and specifications for Project 06-7 for 2006 Trail
Maintenance
WHEREAS, such final plans and specifications were presented to the City
Council for their review on the 5th day of July , 2006 .
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Andover to hereby approve the Final Plans and Specifications.
o
BE IT FURTHER RESOLVED by the City Council of the City of Andover to hereby
direct the City Engineer to seek quotes for the improvements.
MOTION seconded by Councilmember Trude and adopted by the
City Council at a reqular meeting this 5th day of July , 2006 , with
Councilmembers Jacobson. Trude. Orttel. Kniqht. Gamache
voting in favor of the resolution, and Councilmembers
against, whereupon said resolution was declared passed.
none
voting
CITY OF ANDOVER
ATTEST:
~ ().H-
Victoria Volk - City Clerk
o
o
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO. 080-06
A RESOLUTION APPROVING THE EXPENDITURES OFF THE MUNICIPAL
STATE AID STREET SYSTEM AND ONTO THE COUNTY STATE AID AND
HIGHWAY SYSTEM WITHIN THE CITY OF ANDOVER.
WHEREAS, it has been deemed advisable and necessary for the City of
Andover to participate in the cost of a construction project located on C.SAH. No.
78 within the limits of said municipality; and
WHEREAS, said construction project has been approved by the
Commissioner of Transportation and identified in his records as (SAP.) No.
198-020-27
NOW, THEREFORE, BE IT RESOLVED that we do hereby appropriate
from our Municipal State Aid Street Funds the sum of $1.000.000.00 dollars
to apply toward the construction of said property and request the Commissioner of
Transportation to approve this authorization.
o
Adopted by the City of Andover this ~ day of Julv , 2006.
CITY OF ANDOVER
ATTEST:
U;~ (J,;/b
Victoria Volk - City Clerk
o
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
Q
RES. NO. 079-06
MOTION by Council member
Trude
to adopt the following:
A RESOLUTION APPROVING FINAL PLANS AND SPECIFICATIONS AND
ORDERING ADVERTISEMENT FOR BIDS FOR PROJECT NO. 06-12, FOR
CROSSTOWN BOULEVARD NW TRAIL (EAST SIDE) BETWEEN 140lH AVENUE
NW & 141:;1 LANE NW AND FOR PROJECT NO. 06-17, FOR CONSTRUCTION
OF A TRAIL THROUGH THE OAKS PARK FROM CROSSTOWN BOULEVARD
NW TO THE KENSINGTON 71H ADDITION DEVELOPMENT.
WHEREAS, pursuant to Resolution No. 070-06 , adopted by the City
Council on the 6th day of June , 2006, the City Enqineer
has prepared final ~Ians and specifications for Crosstown Boulevard NW Trail (east
side) between 1401 Avenue NW & 14151 Lane NW. Proiect 06-12 and construction
of a trail throuqh The Oaks Park from Crosstown Boulevard NW to the Kensinaton
ih Addition development. Proiect 06-17.
WHEREAS, such final plans and specifications were presented to the City
Council for their review on the 20th day of June , 2006 .
o
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Andover to hereby approve the Final Plans and Specifications.
BE IT FURTHER RESOLVED by the City Council of the City of Andover to
hereby direct the City Clerk to seek public bids as required by law, with such bids to
be opened at 10:00 a.m. , Julv 14 ,2006 at the Andover City Hall.
MOTION seconded by Council member
City Council at a reaular meeting this 20th
Orttel
and adopted by the
day of June
, 2006 , with
Council members Trude. Jacobson (absent). Orttel. Gamache. Kniqht voting in
favor of the resolution, and Council members none voting against, whereupon
said resolution was declared passed.
CITY OF ANDOVER
ATTEST:
o
~ Ova
Victoria Volk - City Clerk
o
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO. R 078-06
A RESOLUTION APPROVING THE VARIANCE REQUEST FOR PETER A. LEUTY
TO VARY FROM CITY CODE 12-13-9 TO REDUCE THE DRIVEWAY SETBACK
TO ZERO (0) FEET TO ALLOW A SHARED DRIVEWAY ACCESS FOR
PROPERTY LOCATED AT 1947 161 51 AVENUE NW LEGALLY DESCRIBED AS:
The Southwest Quarter of the Northeast Quarter of Section 15, Township 32, Range 24,
Anoka County, Minnesota lying northerly of ANOKA COUNTY RIGHT OF WAY
PLAT NO. 20 said Anoka County, Minnesota.
WHEREAS, Peter A. Leuty has petitioned to vary from the requirements of City Code
12-13-9, and;
WHEREAS, the City Council finds that the following conditions constitute an undue
hardship for the subject property:
o
1. The property contains large areas of wetland, restricting where a driveway can be
constructed.
2. The property fronts on County Road 20, where access is controlled and limited by
Anoka County.
WHEREAS, the City Council fmds that the variance will not be detrimental to the health,
safety or welfare of surrounding properties, and;
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover
approves the proposed variance request to vary from City Code 12-13-9 to reduce the
driveway setback to zero (0) feet for the subject property with the following condition:
1. The variance shall be subject to a sunset clause whereas if the improvements are
not initiated within twelve (12) months, the variance will be null and void.
Adopted by the City Council ofthe City of Andover on this 20tfday of June ,2006.
CITY OF ANDOVER
ATTEST:
~ R cd-. .,(
, Mlchael R. Gamache, Mayor
Victoria V olk, City Clerk
o
o
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RESOLUTION No. 077-06
A RESOLUTION AUTHORIZING THE AUTOMARK IN ALL PRECINCTS IN THE
CITY OF ANDOVER.
WHEREAS, the Federal government passed the Help America Vote Act in 2002
that requires the voting method in every polling place to include a voting system that is
accessible for individuals with disabilities in a manner the provides the same opportunity
for access and participation and to vote privately and independently; and
WHEREAS, one voting system, the ES&S Automark, has been identified and
certified by the Minnesota Secretary of State's Office to meet the requirements of the
Help America Vote Act; and
o
WHEREAS, the ES&S Automark will be used in addition to the existing optical
scan voting system; and
WHEREAS, Federal grant funds were ayailab1e to cover the capital purchase of
the Automark and will not require additional funds in 2006.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
Andover hereby authorizes the use of the ES&S Automark in each polling place for
elections after this date.
Adopted by the City Council of the City of Andover this 20th day of June ,
2006.
CITY OF ANDOVER
ATTEST:
o
{L;t,~.:u O/,$
Victoria V olk - City Clerk
o
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO. 076-06
MOTION by Councilmember
Trude
to adopt the following:
A RESOLUTION ORDERING IMPROVEMENT AND DIRECTING PREPARATION OF
PLANS AND SPECIFICATIONS FOR THE IMPROVEMENT OF PROJECT NO. 06-07,
FOR 2006 Trail Maintenance.
WHEREAS, the City Council is cognizant of the need for maintenance and
improvement of the trail system; and
WHEREAS, the project is identified in the 2006 - 2010 Capital Improvement
Plan; and
o
NOW, THEREFORE BE IT RESOLVED by the City Council to order the
improvement of City Project 06-07. 2006 Trail Maintenance; and
BE IT FURTHER RESOLVED by the City Council to hereby direct the .....Qi!Y.
Enqineer to prepare the plans and specifications for such improvement project.
MOTION seconded by Councilmember Kniqht and adopted by the
City Council at a reqular meeting this 20th day of June , 2006 , with
Councilmembers Trude. Jacobson (absent). Orttel. Gamache. Kniqht voting
in favor of the resolution, and Councilmembers none
voting against, whereupon said resolution was declared passed.
CITY OF ANDOVER
ATTEST:
~ ()d:b
Victoria Volk - City Clerk
o
o
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO. 075-06
A RESOLUTION DESIGNATING NO PARKING ALONG BOTH SIDES OF TULIP
STREET NW FROM 1615T AVENUE NW TO VALLEY VIEW DRIVE NW,
PROJECT NO. 05-11.
WHEREAS, no parking will be allowed along both sides of Tulip Street NW
from 1615t Avenue NW to Valley View Drive NW, Project 05-11; and
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Andover to designate the no parking zone.
Adopted by the City Council of the City of Andover this 20th day of June
2006.
o
ATTEST:
~~~~ .~
Mic R. amacH ayor
~ ()rLL
Victoria Volk - City Clerk
o
o
o
o
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO. 074-06
MOTION by Councilmember
Trude
to adopt the following:
A RESOLUTION ACCEPTING FEASIBILITY STUDY, WAIVING PUBLIC HEARING
AND DIRECTING PREPARATION OF PLANS AND SPECIFICATIONS FOR THE
IMPROVEMENT OF MEADOW CREEK CHRISTIAN SCHOOL TURN LANE
IMPROVEMENTS ,PROJECT NO. 06-20A.
WHEREAS, the City Council did on the 6th day of June , 2006 , order
the preparation of a feasibility study for the improvement; and
WHEREAS, such feasibility study was prepared by the City Enaineer and
presented to the Council on the 20th day of June ,2006; and
WHEREAS, the property owners have waived the right to a Public Hearing; and
WHEREAS, such report declared the proposed assessment to be feasible for an
estimated project cost of $ 162.980.32 .
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. 06-20A, for
the improvements and waives the public hearing.
2. The Council will consider the improvements in accordance with the report and the
assessment of abutting property for all or a portion of the improvement pursuant to
Minnesota Statutes Chapter 429 at an estimated total cost of the improvement of
$ 162.980.32
MOTION seconded by Councilmember Kniqht and adopted by the City Council
at a reqular meeting this 20th day of June , 2006 , with
Councilmembers Trude. Jacobson (absent). Orttel. Gamache. Kniaht voting
in favor of the resolution, and Council members none
voting against, whereupon said resolution was declared passed.
CITY OF ANDOVER
ATTEST:
~ tJ.Lb
Victoria Volk - City Clerk
o
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO. 073-06
A RESOLUTION DESIGNATING NO PARKING ALONG BOTH SIDES OF
BUTTERNUT STREET NW NORTH OF BUNKER LAKE BOULEVARD NW
RIGHT-OF-WAY LINE FOR A DISTANCE OF 180 FEET WHICH IS
APPROXIMATELY THE WEST LINE OF LOT 1, BLOCK 1, SHADOWBROOK 4TH
ADDITION AND BOTH SIDES OF THE DRIVEWAY ENTERING INTO THE
PARKING LOT OF SHADOWBROOK EAST PARK.
WHEREAS, the City Council is cognizant of the public nuisance, traffic
hazard and congestion; and
WHEREAS, the Council believes restricting the parking in the area will be a
solution to a problem.
o
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover
there be no parking along both sides of Butternut Street NW north of Bunker Lake
Boulevard NW right-of-way line for a distance of 180 feet, which is approximately
the north line of Lot 1, Block 1, Shadowbrook 4th Addition and both sides of the
driveway entering into the parking lot of Shadowbrook East Park.
Adopted by the City Council of the City of Andover this 6th day of June ,
2006.
ATTEST:
. t1J:Z::'~ a4
Victoria Volk - City Clerk
o
o
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO. 072-06
MOTION by Councilmember
Trude
to adopt the following:
A RESOLUTION DECLARING ADEQUACY OF PETITION AND ORDERING
PREPARATION OF A FEASIBILITY REPORT FOR THE IMPROVEMENT OF
MEADOW CREEK CHRISTIAN SCHOOL TURN LANE IMPROVEMENTS,
PROJECT NO. 06-20A.
WHEREAS, the City Council has received petitions, dated Mav 16. 2006,
requesting the construction of improvements; and
WHEREAS, such petition has been validated to represent the signatures of 100%
of the affected property owners requesting such improvement.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover
that:
o 1. The petition is hereby declared to be 100% of owners of property affected, thereby
making the petition unanimous.
2. Escrow amount for feasibility report is $5.000.00
3. The proposed improvement is hereby referred to the City Enoineer and he is
instructed to provide the City Council with a feasibility report.
MOTION seconded by Council member Kniqht and adopted by the
City Council at a reqular meeting this 6th day of June ,2006, with
Councilmembers Trude. Jacobson (abstain). Orttel. Gamache. Kniqht voting in
favor of the resolution, and Councilmembers none voting
against, whereupon said resolution was declared passed.
CITY OF ANDOVER
ATTEST:
~~~
MIchael R. G mache - Mayor
(jA~ {{d-
O Victoria Volk - City Clerk
o
o
o
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO. R07l-06
A RESOLUTION GRANTING THE REQUEST OF RICK LANGLIE TO VACATE A
PORTION OF THE DRAINAGE AND UTILITY EASEMENT ON 14224 QUINCE STREET
NW, LEGALLY DESCRIBED AS:
Lot 1, Block 2, Crown Pointe East, Anoka County, Minnesota.
WHEREAS, Rick Langlie has requested to vacate a portion of the drainage and utility easement
located on said property legally described as:
Commencing at the most westerly comer of said Lot 1; thence North 70 degrees 18 minutes 35
seconds East, assumed bearing, along the north line of said Lot 1 a distance of 198.71 feet;
thence South 10 degrees 12 minutes 57 seconds East 21.65 feet to the point of beginning of the
portion of easement to be herein described; thence South 84 degrees 16 minutes 53 seconds West
18.77 feet; thence South 5 degrees 43 minutes 07 seconds East 25.00 feet; thence South 84
degrees 16 minutes 53 seconds West 29.00 feet; thence South 5 degrees 43 minutes 07 seconds
East 50.00 feet; thence North 84 degrees 16 minutes 53 seconds East 69.23 feet; thence North 50
degrees 48 minutes 20 seconds West 23.84 feet; thence North 10 degrees 12 minutes 57 seconds
West 58.35 feet to the point of beginning and there terminating.
WHEREAS, the City Council finds the request would not have a detrimental effect upon
the health, safety, moral, and general welfare of the City of Andover; and
WHEREAS, a public hearing was held and there was no opposition to the request.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby
grants the vacation of the drainage and utility easement as requested subject to the following
conditions:
1. The area vacated shall conform to the survey marked as Exhibit A and dated May 4, 2006.
2. Subject to the submission of a grading and erosion control plan as part of the building permit
application to ensure that there will be no encroachment into the newly designated drainage
and utility easement.
3. Finished top elevation of the pool is to be 2 feet above the designated 100-year flood
elevation of Coon Creek.
4. Subject to approval by the Coon Creek Watershed District.
Adopted by the City Council of the City of Andover on this 6th day of June, 2006.
CITY OF ANDOVER
"/~~
-~:J';~.J<~y,:" r4(;~~. ~
" ..c'..;.......;, rr
~h;e1 R. Gamache, Mayor
A~.. EST
I . ~ l)~
Victoria V olk, City Clerk
o
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO. 070-06
MOTION by Councilmember
Trude
to adopt the following:
A RESOLUTION ORDERING IMPROVEMENT AND DIRECTING PREPARATION OF
PLANS AND SPECIFICATIONS FOR THE IMPROVEMENT OF PROJECT NO. 06-12,
FOR CROSSTOWN BOULEVARD NW TRAIL (EAST SIDE) BETWEEN 140lH
AVENUE NW & 14151 LANE NW AND FOR PROJECT NO. 06-17, FOR
CONSTRUCTION OF A TRAIL THROUGH THE OAKS PARK FROM CROSSTOWN
BOULEVARD NW TO THE KENSINGTON 71H ADDITION DEVELOPMENT.
WHEREAS, the City Council is cognizant of the need for the trail improvement;
and
o
NOW, THEREFORE BE IT RESOLVED by the City Council to order the
improvement of Crosstown Boulevard NW Trail (east side) between 140th Avenue NW &
141st Lane NW, Proiect 06-12 and construction of a trail throuah The Oaks Park from
Crosstown Boulevard NW to the Kensinaton ih Addition development, Proiect 06-17;
and
BE IT FURTHER RESOLVED by the City Council to hereby direct the ~
Enqineer to prepare the plans and specifications for such improvement project.
MOTION seconded by Councilmember Jacobson
City Council at a reqular meeting this 6th day of June
Councilmembers Trude. Jacobson, Orttel. Gamache, Kniqht
in favor of the resolution, and Councilmembers none
voting against, whereupon said resolution was declared passed.
and adopted by the
, 2006 , with
voting
CITY OF ANDOVER
ATTEST:
o (L~ ()Lt/
Victoria Volk - City Clerk
o
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO R069-06
A RESOLUTION APPROVING THE FINAL PLAT OF "P ARKSIDE AT ANDOVER
STATION" ON PROPERTY LOCATED IN SECTION 34, TOWNSHIP 32, RANGE
24, LEGALLY DESCRIBED AS:
Lot 6, Block 1 ANDOVER STATION NORTH, according to the recorded plat thereof,
Anoka County, Minnesota, AND
Lot 5, Block 1, ANDOVER STATION NORTH according to the recorded plat thereof,
Anoka County, Minnesota, AND
The north 103.64 feet of the east 315.47 feet of the Southwest Quarter of the Northeast
Quarter of Section 34, Township 32, Range 24, Anoka County, Minnesota
WHEREAS, the City Council has approved the preliminary plat of the project to be
known as "Parkside at Andover Station"; and
WHEREAS, the Developer has presented a [mal plat of Parks ide at Andover Station; and
o
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Andover to hereby approve the final plat of Parks ide at Andover Station contingent upon
the following:
1. The final plat shall conform to the preliminary plat drawing stamped received
May 4, 2006.
2. The plat shall be subject to all of the conditions of Preliminary Plat Resolution
R068-06.
3. Park dedication and trail fees shall be paid on a per unit basis at the rate in effect
at the time of preliminary plat approyal and subject to increase as provided by
state statute. This payment shall be based on the number of units on the [mal plat
and shall be made prior to the City's release of the [mal plat.
4. The developer shall be responsible for the cost of construction of all
improvements proposed as a part of the preliminary plat.
5. Contingent upon staff review and approval for compliance with City ordinances,
policies and guidelines.
6. Such plat approval is contingent upon a development agreement acceptable to the
City Attorney. A financial guarantee will be required as a part of this agreement
to assure all of the subdivision improvements will be completed.
Adopted by the City Council of the City of Andover this 16th day of May, 2006.
o
ATTEST:
().~ ()~
Victoria V olk, City Clerk
C~Y,., .0, ~AND.,. O~VER /.'.
7r~ -r7. '--
~,'.RZ..r:....... .<',....,1
1y.{i6hael R. Gamache, Mayor
o
o
o
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO R068-06
A RESOLUTION AMENDING RESOLUTION R052-05 AND R039-06 TO MODIFY THE
PRELIMINARY PLAT AND PLANNED UNIT DEVELOPMENT OF "P ARKS IDE AT
ANDOVER STATION" LOCATED IN SECTION 34, TOWNSHIP 32, RANGE 24, ANOKA
COUNTY, MINNESOTA, DESCRIBED AS IN THE NORTH HALF OF THE NORTHEAST
QUARTER OF SECTION 34, TOWNSHIP 32, RANGE 24, ANOKA COUNTY,
MINNESOTA, DESCRIBED AS:
Lots 4 and 5, Block 1, ANDOVER STATION NORTH, according to the recorded plat thereof,
Anoka County, Minnesota, AND;
That part of Lot 6, Block 1, ANDOVER STATION NORTH, according to the recorded plat
thereof, Anoka County, Minnesota, lying westerly of the following described line: Beginning at
the most southerly comer of said Lot 6, for the purposes of this description, the south line of said
Lot 6 is assumed to bear North 84 degrees 59 minutes 06 seconds West; thence North 38 degrees
26 minutes 41 seconds West a distance of 90.00 feet; thence North 08 degrees 37 minutes 40
seconds East a distance of 84.75 feet to an angle point on the northwesterly line of said Lot 6,
distant 276.48 feet northeasterly of the most westerly, northwest comer of said Lot 6, and there
terminating. Subject to easements of record, AND;
The north 103.65 feet of the east 315.50 feet of the northeast quarter of Section 34, Township 32,
Range 24, Anoka County, Minnesota
WHEREAS, the preliminary plat and planned unit development standards for Parkside At
Andover Station were approved by the City Council on March 15, 2005; and
WHEREAS, the preliminary plat and planned unit development standards for Parkside At
Andover Station were amended by the City Council on March 21,2006; and
WHEREAS, Bruggeman Homes has requested approval of a revised preliminary plat and revised
planned unit development for Parkside At Andover Station; and
WHEREAS, the Council has reyiewed the proposed amendment and requested changes to the
architecture of the proposed buildings that have been provided by the applicant; and
WHEREAS, the Council has reviewed the changes to the architecture of the proposed buildings;
and
WHEREAS, pursuant to the published and mailed notice thereof, the Planning Commission has
conducted a public hearing on said plat; and
o
WHEREAS, as a result of such public hearing, the Planning Commission has reviewed the
request and determined that said request meets the criteria of City Code 13 Planned Unit
Development and the intent of the preyiously approyed plat; and
WHEREAS, the Planning Commission recommends to the City Council the approval of the plat,
and;
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby
agrees with the recommendation of the Planning and Zoning Commission and approves the
revised preliminary plat and planned unit development review of Parks ide at Andover Station,
with the following conditions:
1. The Preliminary Plat shall conform to the plans revised May 15, 2006 and stamped
received on May 15, 2006.
2. Exhibit B shall regulate the lot dimensions, setbacks, area identification sign and
landscaping plan for the proposed development.
3. This resolution shall regulate when in conflict with Resolutions R052-05 and R039-06.
However, the conditions of Resolutions R052-05 and R039~06 not modified by this
resolution shall remain in effect.
c
4. An 8 foot wide bituminous trail shall be constructed through Lot 13, Block 1 at the
developer's expense. The trail shall connect the northwest comer of the plat to the
private driveway within said lot. A 25 foot wide trail easement through Lot 13, Block 1
and a trail easement over the private driveway shall be required to allow public access.
The location of the trail shall be determined in the field based on the location of existing
trees.
5. Park dedication and trail fees shall be paid on a per unit basis at the rate in effect at the
time of preliminary plat approyal and subject to increase as provided by state statute.
This payment shall be based on the number of units on the final plat(s) and shall be made
prior to the City's release of the [mal plat(s).
6. Such plat approval is contingent upon a development agreement acceptable to the City
Attorney.
7. A separate property owners association shall be created for phase I and Phase II with the
following documents proyided to the City Attorney for review and approval prior to
being recorded with the [mal plat in accordance with City Code 11-2-3:
a. Articles of Incorporation
b. By-laws of the association
c. Declaration of covenants, conditions and restrictions regulating the properties,
exterior maintenance of the homes and maintenance of the common areas.
o
8. A conservation easement shall be established over the area shown as proposed on the
preliminary plat drawing revised May 15, 2006 and stamped received on May 15, 2006.
o
o
o
9. The association documents shall limit modifications to the open space area between
phase I and II.
10. A sign shall be installed to indicate that the access to lots 14-17 of Block 1 at the
northwest corner of the plat is a private driveway. Maintenance of all private driveway
shall be provided by the appropriate homeowners association. .
11. Contingent upon staff review and approval for compliance with City ordinances, policies
and guidelines.
Adopted by the City Council of the City of Andover this 16th day of May, 2006.
A~ ()~
Victoria V olk, City Clerk
CITY OF ANDOVER
~~~-~
<',,~~~_......_, . "-
/Michael R. Gamache, Mayor
"
o
o
o
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO R067-06
A RESOLUTION APPROVING THE PRELIMINARY PLAT WITH PLANNED UNIT
DEVELOPMENT REVIEW OF "PARKS IDE AT ANDOVER STATION" FOR PROPERTY
LOCATED IN SECTION 34, TOWNSHIP 32, RANGE 24, ANOKA COUNTY, MINNESOTA,
DESCRiBED AS IN THE NORTH HALF OF THE NORTHEAST QUARTER OF SECTION
34, TOWNSHIP 32 RANGE 24, ANOKA COUNTY MINNESOTA AS SHOWN ON THE
ATTACHED PRELIMINARY PLAT
WHEREAS, Bruggeman Homes has requested approval of a preliminary plat with Planned Unit
Development Review of Parks ide at Andover Station; and
WHEREAS, the Andover Review Committee has reyiewed the preliminary plat; and
WHEREAS, pursuant to published and mailed notice thereof, the Planning Commission has
conducted a public hearing on said plat; and
WHEREAS, the Planning Commission has reviewed the request and has determined that said
request meets the criteria of City Code 13 Planned Unit Development with the following
findings:
1. The project is efficiently designed and preserves space to provide common open
space, preserve trees, implement an attractive landscaping theme and provide
buffering from the single family neighborhood to the west.
2. The project provides pedestrian connections that will match the design standards
established for Andoyer Station.
3. The project provides an attractive streetscape through the arrangement of structures,
landscaping, lighting and trails.
4. The structures provide quality architectural design and low maintenance materials that
will reduce maintenance costs and allow the project to remain attractive and well
maintained into the future.
WHEREAS, the applicant has requested approval of a variance to City Code 11-3-3G. to allow a
street terminating in a cul-de-sac to exceed 500 feet in length; and
WHEREAS, the Planning Commission recommends approval ofthe variance based on the
following findings:
1. A loop street providing a second access point will be completed as a public project at
the time the community park to the north is developed.
WHEREAS, the applicant has requested approval of a variance to City Code 9-1-4. to allow
similar structures within 300 feet of one another; and
WHEREAS, the Planning Commission recommends approval of the variance based on the
following findings:
o
o
o
1. The proposed project has been designed to provide two types of housing and arranged
to provide some variety within a unified overall theme. This design utilizes similar
materials to reduce maintenance costs to allow the project to remain attractive and well
maintained into the future.
WHEREAS, the applicant has requested approval of a variance to City Code 11-3-3. to allow lots
with less than 100 feet of buildable lot depth and lots with less than 116.5 feet of buildable lot
depth adjacent to wetlands; and
WHEREAS, the Planning Commission recommends approval of the variance based on the
following findings:
1. These standards were established to allow sufficient rear yard space for single family
developments. The design of the proposed units, the relationship of lot boxes to
common open space and reduced setbacks result in a different kind of neighborhood
design.
WHEREAS, the Planning Commission finds the request would not have a detrimental effect on
the property values and scenic views of the surrounding area, and;
WHEREAS, as a result of such public hearing, the Planning Commission recommends to the
City Council the approval ofthe plat, and;
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby
agrees with the recommendation of the Planning and Zoning Commission and approves the
Preliminary Plat with Planned Unit Development Review, with the following conditions:
1. The Preliminary Plat shall conform to the plans revised January 28, 2005 and stamped
received on February 23,2005 except to be modified as follows:
a. To create a separate lot of record between the rear yards of Lots 1-10, Block 2 and
the side yards of Lots 11-33, Block 2 to be owned by the homeowners association
for recreation purposes for all owners within said association.
2. The development shall conform to City Code Titles 11, 12, and 13, as well as Exhibit B
"Parkside at Andover Station Design Standards". Exhibit B shall regulate when in
conflict with the City Code.
3. Exhibit B shall regulate the lot dimensions, setbacks, area identification sign and
landscaping plan for the proposed development.
4. A variance to City Code ll-3-3G. to allow a street terminating in a cul-de-sac to exceed
500 feet in length is hereby approved.
5. A variance to City Code 9-1-4. to allow similar structures within 300 feet of one another
is hereby approved.
6. A variance to allow lots with less than 100 feet of buildable lot depth and lots with less
than 116.5 feet of buildable lot depth adjacent to a wetland is hereby approved.
7. The developer obtains all necessary permits from the Coon Creek Watershed District,
DNR, Corps of Engineers, LGU, MPCA, Anoka County Highway Department and any
other agency that may be interested in the site.
8. Park dedication and trail fees shall be based paid on a per unit basis at the rate in effect at
the time of preliminary plat approval. This payment shall be based on the number of
units on the final p1at(s) and shall be made prior to the City's release ofthe final plat(s).
Ii
o
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9. Contingent upon staff review and approval for compliance with City ordinances, policies
and guidelines.
10. Such plat approval is contingent upon a development agreement acceptable to the City
Attorney.
11. A property owners association shall be created with the following documents provided to
the City Attorney for review and approval prior to being recorded with the final plat in
accordance with City Code 11-2-3:
a. Articles of Incorporation
b. By-laws of the association
c. Declaration of covenants, conditions and restrictions regulating the properties,
exterior maintenance of the homes and maintenance of the common areas.
Adopted by the City Council of the City of Andover this 16th day of May, 2006.
CITY OF ANDOVER
ATTEST:
~ OLb
Victoria V olk, City Clerk
Parkside at Andover Station Preliminary Plat Resolution
c
EXHIBIT B
Parkside at Andover Station Design Standards
1) The lot sizes and building setbacks shall conform to the Preliminary Plat drawing revised
The Preliminary Plat shall conform to the plans revised January 28, 2005 and stamped
received on February 23,2005.
2) The building elevations shall conform to the drawings dated January 3, 2005 and stamped
received January 3, 2005.
3) The Landscaping Plan shall conform to the plan revised January 28,2005 and stamped
received on February 23,2005.
4) The area identification sign shall conform to the following Entry monument Detail.
()
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MOTION by Council member
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO. 066-06
Jacobson
to adopt the following:
A RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR THE
IMPROVEMENT OF STREETS & STORM SEWER FOR BALL FIELD
IMPROVEMENTS AT ANDOVER STATION NORTH, PROJECT NO. 05-15 .
WHEREAS, pursuant to advertisement for bids as set out in Council Resolution No.
053-06 ,dated April 18, 2006, bids were received, opened and tabulated
according to law with results as follows:
W.B. Miller. Inc.
Odessa Construction Inc.
Barber Construction C., Inc.
Base Bid
$695,344.45
$753,111.95
$851,053.20
Bid w/AIt. 1
$734,357.35
$793,936.35
$893,961.20
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover
to hereby accept the bids as shown to indicate W.B. Miller. Inc. as being the
apparent low bidder.
BE IT FURTHER RESOLVED TO HEREBY direct the Mayor and City Clerk to enter
into a contract with W.B. Miller. Inc. in the amount of $695.344.45 for construction
of the improvements; and direct the City Clerk to return to all bidders the deposits made
with their bids, except that the deposit of the successful bidder and the next lowest bidder
shall be retained until the contract has been executed and bond requirements met.
MOTION seconded by Council member Kniqht
City Council at a reqular meeting this 16th day of Mav
Council members Jacobson. Trude. Kniqht. Orttel. Gamache
of the resolution, and Council members none
against, whereupon said resolution was declared passed.
and adopted by the
, 2006 , with
voting in favor
voting
CITY OF ANDOVER
ATTEST:
~ IJva
Victoria Volk - City Clerk
o
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RESOLUTION NO. 065-06
A RESOLUTION RELOCATING THE POLLING PLACE FOR PRECINCT #4 IN
THE CITY OF ANDOVER FROM THE FARMSTEAD, 13733 QUAY STREET N.W.
TO CROOKED LAKE ELEMENTARY SCHOOL, 2939 BUNKER LAKE
BOULEVARD N.W.
WHEREAS, Minnesota Statutes Section 204B.16, subd. 1, Polling Places, permits
the city to change the location of a polling place; and
o
WHEREAS, the number of registered voters in Precinct #4 has increased and
there is limited parking available at The Farmstead.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
Andover hereby designates the polling place for Precinct #4 as Crooked Lake Elementary
School, 2939 Bunker Lake Boulevard NW, Andover, Minnesota.
Adopted by the City Council of the City of Andover this 18th day of May. 2006.
CITY OF ANDOVER
Attest:
(j~ ora
Victoria V olk - City Clerk
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CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO. 064-06
MOTION by Councilmember
Jacobson
to adopt the following:
A RESOLUTION ADOPTING THE ASSESSMENT ROLL FOR THE
IMPROVEMENT OF SANITARY SEWER, PROJECT NO. 05-60.1516 _148TH
LANE NW .
o
WHEREAS, the property owner has waived their right to a public hearing.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
ANDOVER, MINNESOTA:
1. Such proposed assessment, a copy of which is attached hereto and made part
hereof, is hereby accepted and shall constitute the special assessment against
the lands named therein, and each tract of land therein included is hereby found
to be benefited by the proposed improvement in the amount of the assessment
levied against it.
2. Such assessment shall be payable in equal annual installments, extending over a
period of ~ years, the first of the installments to be payable on or before the
1 st Monday in January, 2007 and shall bear interest at a rate of 6 percent
per annum from the date of the adoption of this assessment resolution.
3. The owner of any property so assessed may, at any time prior to certification of
the assessment or the first installment thereof to the county auditor, pay the
whole of the assessment on such property, with interest accrued to the date of
payment, to the municipal treasurer, except that no interest shall be charged if the
entire assessment is paid within 30 days from the adoption thereof; and, except
as hereinafter provided, the owner may at any time prior to November 15 of any
year, prepay to the treasurer of the municipality having levied said assessments,
the whole assessment remaining due with interest accrued to December 31 of
the year in which said prepayment is made.
MOTION seconded by Councilmember
City Council at a reqular meeting this 16th
Trude
and adopted by the
day of Mav ,2006, with
Councilmembers Jacobson. Trude, Kniqht. Orttel. Gamache
voting in favor of the resolution, and Councilmembers
against, whereupon said resolution was declared passed.
none
voting
CITY OF ANDOVER
12. ..f;~~.J tJ4
Victoria Volk - City Clerk
o
ATTEST:
o
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO. 063-06
MOTION by Council member
Jacobson
to adopt the following:
A RESOLUTION APPROVING FINAL PLANS AND SPECIFICATIONS AND
ORDERING ADVERTISEMENT FOR BIDS FOR PROJECT NOS. 05-32
(WOODLAND CROSSINGS), 05-24 (SHAW'S GLEN) & 05-20 (CARDINAL RIDGE)
& ADJACENT PARCELS.
WHEREAS, pursuant to Resolution No. 048-06 , adopted by the City
Council on the 4th day of April , 2006, Bonestroo
Rosene Anderlik & Associates (BRAA) have prepared final plans and
specifications for Project Nos. 05-32. 05-24. 05-20 & adiacent areas.
WHEREAS, such final plans and specifications were presented to the City
Council for their review on the 16th day of Mav , 2006 .
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NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Andover to hereby approve the Final Plans and Specifications.
BE IT FURTHER RESOLVED by the City Council of the City of Andover to
hereby direct the City Clerk to seek public bids as required by law, with such bids to
be opened at 10:00 a.m. , June 14 ,2006 at the Andover City Hall.
MOTION seconded by Council member Trude and adopted by the
City Council at a reqular meeting this 16th day of Mav , 2006 , with
Council members Jacobson. Trude. Kniqht. Orttel. Gamache voting in
favor of the resolution, and Council members none voting against, whereupon
said resolution was declared passed.
CITY OF ANDOVER
ATTEST:
~ ddb
o Victoria Volk - City Clerk
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
o
RES. NO. R062-06
A RESOLUTION APPROVING THE CONDITIONAL USE PERMIT REQUEST OF
GRACE LUTHERAN CHURCH FOR THE PLACEMENT OF TEMPORARY
STRUCTURES ON PROPERTY LOCATED AT 13655 ROUND LAKE BOULEVARD
NW, (PIN 32-32-24-42-0007 AND 32-32-24-42-0009) LEGALLY DESCRIBED AS:
That part ofthe east 288 feet of the west 733.02 feet of the northwest quarter of the southeast
quarter of Section 32, Township 32, Range 24 lying north ofthe north right-of-way line of
136th Lane NW, except road, subject to easements of record; and .
That part of the west 445.02 feet of the northwest quarter of the southeast quarter of Section
32, Township 32, Range 24 lying north of the right-of-way line of 136th Lane NW, except
road, subject to easements of record.
WHEREAS, Grace Lutheran Church has requested a Conditional Use Permit for the
placement of temporary structures, and;
WHEREAS, the Planning and Zoning Commission has reviewed the request and has
determined that said request meets the criteria of City Code, and;
WHEREAS, the Planning and Zoning Commission finds the request would not have a
detrimental effect upon the health, safety, and general welfare of the City of Andover, and;
j
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WHEREAS, the Planning and Zoning Commission recommends to the City Council approval
of the Conditional Use Permit request;
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover
hereby agrees with the recommendation of the Planning and Zoning Commission and
approves the Conditional Use Permit for the placement of temporary structures on said
property with the following conditions:
1. The Conditional Use Permit shall be contingent upon approval of a Commercial Site
Plan.
2. The site shall conform in all ways with the Andover City Code.
3. The temporary structures shall meet or exceed the architectural design shown on the
elevations stamped as received by the City on April 19, 2006.
4. The temporary structures shall be placed in conformance with the site plan stamped
as received by the City on April 19, 2006.
5. Subject to a landscaping plan acceptable to the City.
6. The conditional use permit shall expire on December 31, 2009 at which time the
temporary structures shall be removed.
7. The Conditional Use Permit shall be subject to a sunset clause as per section 12-14-
6-D of the Andover City Code.
Adopted by the City Council of the City of Andover on this 2nd day of May, 2006.
o
CITY OF ANDOVER
ATTEST:
I.L7;;J:'~ O,~
Victoria Volk, City Clerk
o
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO R061-06
A RESOLUTION APPROVING THE FINAL PLAT OF "STACKS WOODS" ON PROPERTY
LOCATED IN SECTION 15, TOWNSHIP 32, RANGE 24, LEGALLY DESCRIBED AS:
The Northeast Quarter of the Northeast Quarter of Section 13, Township 32, Range 25, Anoka
County, Minnesota.
AND
That part of Government Lot 8, Section 13, Township 32, Range 25, lying easterly of the
following described line: Commencing at a point on the north line of said Government Lot 8,
said point being 58.63 feet east of the southeast comer of Government Lot 5, Section 12,
Township 32, Range 25, Anoka County, Minnesota; thence continuing east along said north line
217.80 feet to the point of beginning of the line to be described; thence South at right angles to
said north line to the south line of said Government Lot 8, and said line there terminating.
WHEREAS, the City Council has approved the preliminary plat of "Stacks Woods"; and
WHEREAS, the Developer has presented the final plat of Stacks Woods; and
o WHEREAS; the City Engineer has determined the final plat conforms with the preliminary plat.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to
hereby approve the final plat of Stacks Woods contingent upon the following:
1. The final plat shall conform to the drawing stamped March 30, 2006.
2. The plat shail be subject to all conditions of the Preliminary Plat Resolution R214-05.
3. The developer obtains all necessary permits from the Coon Creek Watershed District,
DNR, Corps of Engineers, LGU, MPCA, Anoka County Highway Department and any
other agency that may be interested in the site.
4. Park dedication and trail fees shall be paid as determined by preliminary plat approval.
5. The developer shall be responsible for the cost of construction of all improvements
proposed as a part of the preliminary plat.
6. Contingent upon staff review and approval for compliance with City ordinances, policies
and guidelines.
7. Such plat approval is contingent upon a development agreement acceptable to the City
Attorney. A fmancial guarantee will be required as a part of this agreement to assure all
of the subdivision improvements will be completed.
Adopted by the City Council of the City of Andover this 2nd day of May, 2006.
CITY OF ANDOVER
o
AT?2~b~./ ()~
Victoria V olk, City Clerk
o
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO. 060-06
MOTION by Councilmember
Trude
to adopt the following:
A RESOLUTION DECLARING COST AND DIRECTING PREPARATION OF
ASSESSMENT ROLL FOR THE IMPROVEMENT OF SANITARY SEWER, FOR
PROJECT 05-60, 1516 _148TH LANE NW.
THE CITY COUNCIL OF THE CITY OF ANDOVER HEREBY RESOLVES:
e
WHEREAS, the expenses incurred or to be incurred in the making of such
improvement amount to $ 8.369.87 so that the total cost of the improvement
will be $ 8.369.87
1. NOW, THEREFORE BE IT RESOLVED by the City Council of the City of
Andover, MN: The portion of the cost of such improvement to be paid by the
City is hereby declared to be $ 0.00 the amount to be assessed against
benefited property owners is declared to be $ 8.369.87
2. Assessments shall be payable in equal annual installments extending over a
period of ..Q.... years. The first of the installments to be payable on or before the
1 st Monday in January 2007 , and shall bear interest at the rate of 6
percent per annum from the date of the adoption of the assessment resolution.
3. The City Clerk, with the assistance of the City Engineer shall forthwith calculate
the proper amount to be specially assessed for such improvement against every
assessable lot, piece or parcel of land within the district affected, without regard
to cash valuation, as provided by law, and she shall file a copy of such
proposed assessment in her office for public inspection.
4. The Clerk shall, upon the completion of such proposed assessment, notify the
Council thereof.
MOTION seconded by Councilmember Jacobson and adopted by the
City Council at a reqular meeting this 2nd day of Mav , 2006 , with
Councilmembers Trude. Jacobson. Kniaht. Orttel. Gamahe
voting in favor of the resolution, and Councilmembers none
voting against, whereupon said resolution was declared passed.
CITY OF ANDOVER
ATTEST:
~~
ichael R. Gamache - Mayor
o
~IJ&
Victoria Volk - City Clerk
o
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO. 059-06
MOTION by Council member
Trude
to adopt the following:
A RESOLUTION REDIRECTING RESTRICTED DONATIONS MADE TO THE
CITY OF ANDOVER TOWARDS THE ANDOVER STATION NORTH PARK.
WHEREAS, any donations that are to be made to the City of Andover must
be accepted by the City Council; and
WHEREAS, the donations from Andover Baseball Association for the
construction of baseball fields at Andover Station North Park will be redirected to
the construction of a new building at Andover Station North Park.
NOW, THEREFORE BE IT RESOLVED by the City Council to hereby accept the
redirection of restricted donations already made from the Andover Baseball
Association to be used towards the construction of a new building at Andover
Station North Park.
o
MOTION seconded by Councilmember
City Council at a reQular meeting this 2nd
Jacobson
and adopted by the
day of May ,2006, with
Councilmembers Trude, Jacobson, Kniqht. Orttel. Gamache
voting in favor of the resolution, and Council members none
voting against, whereupon said resolution was declared passed.
CITY OF ANDOVER
ATTEST:
~ tJdL
Victoria Volk - City Clerk
o
EXTRACT OF MINUTES OF A MEETING OF THE
CITY COUNCIL OF THE
CITY OF ANDOVER, MINNESOTA
HELD: April 18, 2006
Pursuant to due call and notice thereof, a regular or special meeting of the City Council
of the City of Andover, Anoka County, Minnesota, was duly held at the City Hall on April 18,
2006, at 7 :00 P.M., for the purpose, in part, of considering proposals and awarding the sale of
$460,000 General Obligation Equipment Certificates, Series 2006B.
The following members were present: Jacobson, Knight, Gamache, O:~ttel, Trude
and the following were absent: None
Member Trude introduced the following resolution and moved its adoption:
RESOLUTION R058-06
RESOLUTION PROVIDmG FOR THE ISSUANCE AND SALE
OF $460,000 GENERAL OBLIGATION EQlJll>MENT
CERTIFICATES, SERIES 2006B, AND LEVYING A TAX FOR
THE PAYMENT THEREOF
A. "WHEREAS, the City of Andover, Minnesota (the "City"), has heretofore
determined and declared that it is necessary and expedient to issue $460,000 General Obligation
Equipment Certificates, Series 2006B (the "Certificates" or individually, a "Certificate"),
pursuant to Minnesota Statutes, Chapter 475 and Minnesota Statutes, Section 412.301, to finance
the purchase of various items of capital equipment for the City (the "Equipment") and each item
of equipment to be financed by the Certificates has an expected useful life at least as long as the
term of the Certificates; and
B. "WHEREAS, the amount of the Certificates to be issued does not exceed one-
quarter of one percent (0.25%) of the market value of the taxable property in the City
($ times 0.25% is $ ); and
C. "WHEREAS, the City has retained Ehlers & Associates, Inc., in Roseville,
Minnesota ("Ehlers"), as its independent financial advisor for the sale of the Certificates and was
therefore authorized to sell the Certificates by private negotiation in accordance with Minnesota
Statutes, Section 475.60, Subdivision 2(9) and proposals to purchase the Certificates have been
solicited by Ehlers; and
D. "WHEREAS, the proposals set forth on Exhibit A attached hereto were received
by the City Clerk, or designee, at the offices of Ehlers, at 12:00 Noon, this .same day pursuant to
the terms of Proposal established for the Certificates; and
E. "WHEREAS, it is in the best interests of the City that the Certificates be issued in
book-entry form as hereinafter provided;.and
lS939SOvl
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NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of A.ndover,
Minnesota, as follows:
1. Acceptance of Proposal. The proposal of
(the "Purchaser"), to purchase the Certificates, in accordance with the Terms of Proposal
established for the Certificates, at the rates of interest hereinafter set forth, and to pay therefor the
sum of $ , plus interest accrued to settlement, is hereby found, determined and
declared to be the most favorable proposal received, is hereby accepted and the Certificates are
hereby awarded to the Purchaser. The Clerk is directed to retain the deposit of the Purchaser and
to forthwith return to the unsuccessful bidders any good faith checks or drafts.
2. Certificate Terms.
(a) Original Issue Date: Denominations: Maturities: Term Bond Option.. The
Certificates shall be dated May 10, 2006, as the date of original issue, shall be issued forthwith
on or after such date in fully registered form, shall be numbered from R-l upward in the
denomination of $5,000 each or in any integral multiple thereof of a single maturity (the
"Authorized Denominations") and shall mature on the February 1 in the years and amounts as
follows:
Year
Amount
2008
2009
2010
$145,000
155,000
160,000
As may be requested by the Purchaser, one or more term bonds may be issued having
mandatory sinking fund redemption and final maturity amounts conforming to the foregoing
principal repayment schedule, and corresponding additions may be made to the provisions of the
applicable Certificate(s).
(b) Book Entry Only System. The Depository Trust Company, a limited purpose
trust company organized under the laws of the State of New York or any of its successors or its
successors to its functions hereunder (the "Depository") will act as securities depository for the
Certificates, and to this end:
(i) The Certificates shall be initially issued and, so long as they remain in
book entry form only (the "Book Entry Only Period"), shall at all times be in the form of
a separate single fully registered Certificate for each maturity of the Certificates; and for
purposes of complying with this requirement under paragraphs 5 and 10 Authorized
Denominations for any Certificate shall be deemed to be limited during the Book Entry
Only Period to the outstanding principal amount of that Certificate.
(ii) Upon initial issuance, ownership of the Certificates shall be registered in a
bond register maintained by the Registrar (as hereinafter defined) in the name of CEDE
& CO., as the nominee (it or any nominee of the existing or a successor Depository, the
"Nominee").
1893950vl
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(ill) With respect to the Certificates neither the City nor the Registrar shall
have any responsibility or obligation to any broker, dealer, bank, or any other financial
institution for which the Depository holds Certificates as securities depository (the
"Participant") or the person for which a Participant holds an interest in the Certificates
shovm on the books and records of the Participant (the "Beneficial Owner"). Without
limiting the immediately preceding sentence, neither the City, nor the Registrar, shall
have any such responsibility or obligation with respect to (A) the accuracy of the records
of the Depository, the Nominee or any Participant with respect to any ownership interest
in the Certificates, or (B) the delivery to any Participant, any Owner or any other person,
other than the Depository, of any notice with respect to the Certificates, including any
notice of redemption, or (C) the payment to any Participant, any Beneficial Owner or any
other person, other than the Depository, of any amount with respect to the principal of or
premium, if any, or interest on the Certificates, or (D) the consent given or other action
taken by the Depository as the Register Holder of any Certificates (the "Holder"). For
purposes of securing the vote or consent of any Holder under this Resolution, the City
may, however, rely upon an omnibus proxy under which the Depository assigns its
consenting or voting rights to certain Participants to whose accounts the Certificates are
credited on the record date identified in a listing attached to the omnibus proxy.
(iv) The City and the Registrar may treat as and deem the Depository to be the
absolute owner of the Certificates for the purpose of payment of the principal of and
premium, if any, and interest on the Certificates, for the purpose of giving notices of
redemption and other matters with respect to the Certificates, for the purpose of obtaining
any consent or other action to be taken by Holders for the purpose of registering transfers
with respect to such Certificates, and for all purpose whatsoever. The Registrar, as
paying agent hereunder, shall pay all principal of and premium, if any, and interest on the
Certificates only to or upon the Holder of the Holders of the Certificates.as shown on the
bond register, and all such payments shall be valid and effective to fully satisfy and
discharge the City's obligations with respect to the principal of and premium, if any, and
interest on the Certificates to the extent of the sum or sums so paid.
(v) Upon delivery by the Depository to the Registrar of written notice to the
effect that the Depository has. determined to substitute a new Nominee in place of the
existing Nominee, and subject to the transfer provisions in paragraph 10, references to the
Nominee hereunder shall refer to such new Nominee.
(vi) So long as any Certificate is registered in the name of a Nominee, all
payments with respect to the principal of and premium, if any, and interest on such
Certificate and all notices with respect to such Certificate shall be made and given,
respectively, by the Registrar or City, as the case may be, to the Depository as provided
in the Letter of Representations to the Depository required by the Depository as a
condition to its acting as book-entry Depository for the Certificates (said Letter of
Representations, together with any replacement thereof or amendment or substitute
thereto, including any standard procedures or policies referenced therein or applicable
thereto respecting the procedures and other matters relating to the Depository's role as
book -entry Depository for the Certificates, collectively hereinafter referred to as the
"Letter of Representations").
lSg3950vl
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(vii) All transfers of beneficial ownership interests in each Certificate issued in
book-entry form shall be limited in principal amount to Authorized Denominations and
shall be effected by procedures by the Depository with the Participants for recording and
transferring the ownership of beneficial interests in such Certificates.
(viii) In connection with any notice or other communication to be provided to
the Holders pursuant to this Resolution by the City or Registrar with respect to any
consent or other action to be taken by Holders, the Depository shall consider the date of
receipt of notice requesting such consent or other action as the record date for such
consent or other action; provided, that the City or the Registrar may establish a special
record date for such consent or other action. The City or the Registrar shall, to the extent
possible, give the Depository notice of such special record date not less than 15 calendar
days in advance of such special record date to the extent possible.
(ix) Any successor Registrar in its written acceptance of its duties. under this
Resolution and any paying agencylbond registrar agreement, shall agree to take any
actions necessary from time to time to comply with the requirements of the Letter of
Representations.
. (c) Termination ofBook-Entrv Only System. Discontinuance of a particular
Depository's services and termination of the book-entry only system may be effected as follows:
(i) The Depository may determine to discontinue providing its services with
respect to the Certificates at any time by giving written notice to the City and discharging
its responsibilities with respect thereto under applicable law. The City may terminate the
services of the Depository with respect to the Certificate if it determines that the
Depository is no longer able to carry out its functions as securities depository or the
continuation of the system of book-entry transfers through the Depository is not in the
best interests of the City or the Beneficial Owners.
(ii) Upon termination of the services of the Depository as provided in the
preceding paragraph, and if no substitute securities depository is willing to undertake the
functions of the Depository hereunder can be found which, in the opinion of the City, is
willing and able to assume such functions upon reasonable or customary terms, or if the
City determines that it is in the best interests of the City or the Beneficial Owners of the
Certificate that the Beneficial Owners be able to obtain certificates for the Certificates,
the Certificates shall no longer be registered as being registered in the bond register in the
name of the Nominee, but may be registered in whatever name or names the Holder of
the Certificates shall designate at that time, in accordance with paragraph 10 hereof. To
the extent that the Beneficial Owners are designated as the transferee by the Holders, in
accordance with paragraph 10 hereof, the Certificates will be delivered to the Beneficial
Owners.
(iii) Nothing in this subparagraph (c) shall limit or restrict the provisions of
paragraph 10.
1893950vl 4
(d) Letter of Representations. The provisions in the Letter of Representations are
incorporated herein by reference and made a part of the resolution, and if and to the extent any
such provisions are inconsistent with the other provisions of this resolution, the provisions in the
Letter of Representations shall control.
3. Purpose. The Certificates shall provide funds to finance the Equipment. The total
cost of the Equipment, which shall include all costs enumerated in Minnesota Statutes, Section
475.65, is estimated to be at least equal to the amount of the Certificates.
4. Interest. The Certificates shall bear interest payable semiannually on February 1
and August 1 of each year (each, an "Interest Payment Date"), commencing February 1,2007,
calculated on the basis of a 360-day year of twelve 30-day months, at the respective rates per
annum set forth opposite the maturity dates as follows:
Maturity Year
Interest Rate
2008
2009
2010
%
5. No Redemption. The Certificates shall not be subject to redemption and
prepayment prior to their stated maturity dates.
6. Recistrar. U.S. Bank National Association, in St. Paul, Minnesota, is appointed to
act as registrar and transfer agent with respect to the Certificates (the "Registrar"), and shall do
so unless and until a successor Registrar is duly appointed, all pursuant to any contract the City
and Registrar shall execute which is consistent herewith. The Registrar shall also serve as
paying agent unless and until a successor paying agent is duly appointed. Principal and interest
on the Certificates shall be paid to the registered holders (or record holders) of the Certificates in
the manner set forth in the form of Certificate and paragraph 12.
7. Form of Certificate. The Certificates, together with the Registrar's Certificate of
Authentication, the form of Assignment and the registration information thereon, shall be in
substantially the following form: .
1893950vl
5
UNITED STATES OF AMERICA
STATE OF MINNESOTA
ANOKA COUNTY
CITY OF ANDOVER
R-
$
GENERAL OBLIGATION EQUIPMENT CERTIFICATES, SERIES 2006B
DATE OF
ORIGINAL ISSUE
CUSIP
INTEREST
RATE
MATURITY
DATE
%
FEBRUARY 1, 20_
MAY 10, 2006
REGISTERED OWNER:
CEDE & CO.
PRINCIP AL AMOUNT:
DOLLARS
THE CITY OF ANDOVER, ANOKA COUNTY, MINNESOTA (the "Issuer"), certifies
that it is indebted and for value received promises to pay to the registered owner specified above,
or registered assigns, in the manner hereinafter set forth, the principal amount specified above,
on the maturity date specified above, without option of prepayment, and to pay interest thereon
semiannually on February 1 and August 1. of each year (each, an "Interest Payment Date "),
commencing February 1,2007, at the rate per annum specified above (calculated on the basis of
a 360-day year of twelve 30-day months) until the principal sum is paid or has been provided for.
This Certificate will bear interest from the most recent Interest Payment Date to which interest
has been paid or, if no interest has been paid, from the date of original issue hereof. The
principal of and premium, if any, on this Certificate are payable upon presentation and surrender
hereof at the principal office of U.S. Bank National Association, in St Paul, Minnesota (the
"Registrar"), acting as paying agent, or any successor paying agent duly appointed by the Issuer.
Interest on this Certificate will be paid on each Interest Payment Date by check or draft mailed to
the person in whose name this Certificate is registered (the "Holder") on the registration books of
the Issuer maintained by the Registrar and at the address appearing thereon at the close of
business on the fifteenth day of the calendar month next preceding such Interest Payment Date
(the "Regular Record Date"). Any interest not so timely paid shall cease to be payable to the
person who is the Holder hereof as of the Regular Record Date, and shall be payable to the
person who is the Holder hereof at the close of business on a date (the "Special Record Date")
fixed by the Registrar whenever money becomes available for payment of the defaulted interest.
Notice of the Special Record Date shall be given to Holders not less than ten days prior to the
Special Record Date. .The principal of and premium, if any, and interest on this Certificate are
payable in lawful money of the United States of America. So long as this Certificate is
registered in the name of the Depository or its Nominee as provided in the Resolution hereinafter
described, and as those terms are defined therein, payment of principal of, premium, if any, and
interest on this Certificate and notice with respect thereto shall be made as provided in the Letter
of Representations, as defined in the Resolution. Until termination of the book-entry only
1893950v 1
6
system pursuant to the Resolution, Certificates may only be registered in the name of the
Depository or its Nominee.
No Redemption. The Certificates of this issue (the "Certificates") are not subjectto
redemption and prepayment prior to their stated maturity dates.
Issuance: Purpose: General Oblie:ation. This Certificate is one of an issue in the total
principal amount of $460,000, all of like date of original issue and tenor, except as to number,
maturity, interest rate and denomination, issued pursuant to and in full conformity with the
Constitution and laws of the. State of Minnesota and pursuant to a resolution adopted by the City
Council on April 18,2006 (the "Resolution"), for the purpose of providing money to finance the
purchase of various items of capital equipment for the Issuer. This Certificate is payable out of
the General Obligation Equipment Certificates, Series 2006B Fund of the Issuer. This
Certificate constitutes a general obligation of the Issuer and to provide moneys for the prompt
and full payment of its principal, premium, if any, and interest when the same become due, the
full faith and credit and taxing powers of the Issuer have been and are hereby irrevocably
pledged.
Denominations: Exchan2:e: Resolution. The Certificates are issuable solely in fully
registered form in Authorized Denominations (as defined in the Resolution) and are
exchangeable for fulJy registered Certificates of other Authorized Denominations in equal
aggregate principal amounts at the principal office of the Registrar, but only in the manner and
subject to the limitations provided in the Resolution. Reference is hereby made to the Resolution
for a description of the rights and duties of the Registrar. Copies of the Resolution are on file in
the principal office of the Registrar.
Transfer. This Certificate is transferable by the Holder in person or by the Holder's
attorney duly authorized in writing at the principal office of the Registrar upon presentation and
surrender hereof to the Registrar, all subject to the terms and conditions provided in the
Resolution and to reasonable regulations of the Issuer contained in any agreement with the
Registrar. Thereupon the Issuer shall execute and the Registrar shall authenticate and deliver, in
exchange for this Certificate, one or more new fully registered Certificates in the name of the
transferee (but not registered in blank or to "bearer" or similar designation), of an Authorized '
Denomination or Denominations, in aggregate principal amount equal to the principal amount of
this Certificate, of the same maturity and bearing interest at the same rate.
Fees upon Transfer or Loss. The Registrar may require payment of a sum sufficient to
cover any tax or other governmental charge payable in connection with the transfer or exchange
of this Certificate and any legal or unusual costs regarding transfers and lost Certificates.
Treatment ofRem.stered Owners. The Issuer and Registrar may treat the person in whose
name this Certificate is registered as the owner hereof for the purpose of receiving payment as
herein provided (except as otherwise provided herein with respect to the Record Date) and for all
other purposes, whether or not this Certificate shall be overdue, and neither the Issuer nor the
Registrar shall be affected by notice to the contrary.
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7
Authentication. This Certificate shall not be valid or become obligatory for any purpose
or be entitled to any security unless the Certificate of Authentication hereon shall have been
executed by the Registrar.
Oualified Tax-Exempt Obligation. This Certificate has been designated by the Issuer as a
"qualified tax-exempt obligation" for purposes of Section 26S(b)(3) of the Internal Revenue
Code of 1986, as amended.
IT IS HEREBY CERTIFIED AND RECITED that all acts, conditions and things
required by the Constitution, laws of the State of Minnesot!!- to be done, to happen and to be
performed., precedent to and in the issuance of this Certificate, have been done, have happened
and have been performed., in regular and due form, time and manner as required by law, and that
this Certificate, together with all other debts of the Issuer outstanding on the date of original
issue hereof and the date of its issuance and delivery to the original purchaser, does not exceed
any constitutional or statutory limitation of indebtedness.
IN WITNESS WHEREOF, the City of Andover, Anoka County, Minnesota, by its City
Council has caused this Certificate to be executed on its behalfby the facsimile signatures of its
Mayor and its Clerk, the corporate seal of the Issuer having been intentionally omitted as
permitted by law.
Date of Registration:
Registrable by: U.S. BANK NATIONAL
ASSOCIATION
Payable at: U.S. BANK NATIONAL
ASSOCIATION
REGISTRAR'S CERTIFICATE
OF AUTHENTICATION
CITY OF ANDOVER, ANOKA COUNTY,
MINNESOTA
This Certificate is one of the
Certificates described in the
Resolution mentioned within.
Isl Facsimile
Mayor
U.S. Bank National Association
St. Paul, Minnesota
Registrar
Isl Facsimile
Clerk
By
Authorized Signature
1 893950vl
8
ABBREVIATIONS
The following abbreviations, when used in the inscription on the face of this Certificate,
shall be construed as though they were vl'ritten out in full according to applicable laws or
regulations:
TEN COM - as tenants in common
TEN ENT - as tenants by the entireties
IT TEN - as joint tenants with right of survivorship
and, not as tenants in common
UTMA - as custodian for under the
Uniform
(Cust)
Transfers to Minors Act
(Minor)
(State)
Additional abbreviations may also be used though not in the above list.
ASSIGNMENT
For value received, the undersigned hereby sells, assigns and transfers unto
the within Certificate and does hereby
irrevocably constitute and appoint attorney to transfer the Certificate on the
books kept for the registration thereof, with full power of substitution in the premises.
Dated:
Notice: The assignor's signature to this assignment must
correspond with the name as it appears upon the
face of the within Certificate in every particular,
.without alteration or any change whatever.
Signature Guaranteed:
Signature(s) must be guaranteed by a national bank or trust company or by a brokerage firm
having a membership in one of the major stock exchanges or any other "Eligible Guarantor
Institution" as defined in 17 CFR 240.17 Ad-15(a)(2).
The Registrar will not effect transfer of this Certificate unless the information concerning
the transferee requested below is provided.
Name and Address:
(Include information for all joint owners if the Certificate is held by joint account.)
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9
8. Execution: T emporarv Certificates. The Certificates shall be printed (or, at the
request of the Purchaser, typewritten) and shall be executed on behalf of the City by the
signatures ofits Mayor and Clerk and be sealed with the seal of the City; provided, however, that
the seal of the City may be a printed (or, at the request of the Purchaser, photocopied) facsimile;
and provided further that both of such signatures may be printed (or, at the request of the
Purchaser, photocopied) facsimiles and the corporate seal may be omitted on the Certificates as
permitted by law. In the event of disability or resignation or other absence of either such officer,
the Certificates may be signed by the manual or facsimile signature of that officer who may act
on behalf of such absent or disabled officer. In case either such officer whose signature or
facsimile of whose signature shall appear on the Certificates shall cease to be such officer before
the delivery of the Certificates, such signature or facsimile shall nevertheless be valid and
sufficient for. all purposes, the same as ifhe or she had reniained in office until delivery. The
City may elect to deliver, in lieu of printed definitive certificates, one or more typewritten
temporary certificates in substanti8lly the form set forth above, with such changes.as may be
necessary to reflect more than one maturity in a single temporary certificate. Such temporary
certificates may be executed with photocopied facsimile signatures of the Mayor and Clerk.
Such temporary certificates shall, upon the printing of the definitive certificates and the
execution thereof, be exchanged therefor and canceled.
9. Authentication. No Certificate shall be valid or obligatory for any purpose or be
entitled to any security or benefit under this resolution unless a Certificate of Authentication on
such Certificate, substantially in the form hereinabove set forth, shall have been duly executed by
an authorized representative of the Registrar. Certificates of Authentication on different
Certificates need not be signed by the same person. The Registrar shall authenticate the
signatures of officers of the City on each Certificate by execution of the Certificate of
Authentication on the Certificate and by inserting as the date of registration in the space provided
the date on which the Certificate is authenticated, except that for purposes of delivering the
original Certificates to the Purchaser, the Registrar shall insert as a date of registration the date of
original issue, which date is May 10, 2006. The Certificate of Authentication so executed on
each Certificate shall be conclusive evidence that it has been authenticated and delivered under
this resolution.
10. Rel!istration; Transfer. Exchane:e. The City will cause to be kept at the principal
office of the Registrar a certificate register in which, subject to such reasonable regulations as the
Registrar may prescribe, the Registrar shall provide for the registration of Certificates and the
registration of transfers of Certificates entitled to be registered or transferred as herein provided.
Upon surrender for transfer of any Certificate at the principal office of the Registrar, the
City shall execute (if necessary), and the Registrar shall authenticate, insert the date of
registration (as provided in paragraph 9) of, and deliver, in the name of the designated transferee
or transferees, one or more new Certificates of any Authorized Denomination or Denominations,
of a like aggregate principal amount, having the same stated maturity and interest rate, as
requested by the transferor; provided, however, that no Certificate may be registered in blank or
in the name of "bearer" or similar designation.
At the option of the Holder, Certificates may be exchanged for Certificates of any
Authorized Denomination or Denominations of a like aggregate principal amount and stated
1 893950vl
10
maturity, upon surrender of the Certificates to be exchanged at the principal office of the
Registrar. 'Whenever any Certificates are so surrendered for exchange, the City shall execute (if
necessary), and the Registrar shall authenticate, insert the date of registration of, and deliver the
Certificates which the Holder making the exchange is entitled to receive.
All Certificates surrendered upon any exchange or transfer provided for in this resolution
shall be promptly canceled by the Registrar and thereafter disposed of as directed by the City.
All Certificates delivered in exchange for or upon transfer of Certificates shall be valid
general obligations of the City evidencing the same debt, and entitled to the same benefits under
this resolution, as the Certificates surrendered for such exchange or transfer.
Every Certificate presented or surrendered for transfer or exchange shall be duly
endorsed or be accompanied by a written instrument of transfer, in form satisfactory to the
Registrar, duly executed by the Holder thereof or the Holder's attorney duly authorized in
writing.
The Registrar may require payment of a sum sufficient to cover any tax or other
governmental charge payable in connection with the transfer or exchange of any Certificate and
any legal or unusual costs regarding transfers and lost Certificates.
Transfers shall also be subject to reasonable ,regulations of the City contained in any
agreement with the Registrar, including regulations which permit the Registrar to close its
transfer books between record dates and payment dates. The City Manager is hereby authorized
to negotiate and execute the terms of said agreement.
11. Rights Upon Transfer or Exchange. Each Certificate delivered upon transfer of or
in exchange for or in lieu of any other Certificate shall carry all the rights to interest accrued and
unpaid, and to accrue, which were carried by such other Certificate.
12. Interest Payment Record Date. Interest on any Certificate shall be paid on each
Interest Payment Date by check or draft mailed to the person in whose name the Certificate is
registered (the "Holder") on the registration books of the City maintained by the Registrar and at
the address appearing thereon at the close of business on the fifteenth (15th) day of the calendar
month next preceding such Interest Payment Date (the "Regular Record Date"). Any such
interest not so timely paid shall cease to be payable to the person who is the Holder thereof as of
the Regular Record Date, and shall be payable to the person who is the Holder thereof at the
close of business on a date (the "Special RecordDate") fixed by the Registrar whenever money
becomes available for payment of the defaulted interest. Notice of the Special Record Date shall
be given by the Registrar to the Holders not less than ten (10) days prior to the Special Record
Date.
13. Treatment ofRegjstered Owner. The City and Registrar may treat the person in
whose name any Certificate is registered as the owner of such Certificate for the purpose of
receiving payment of principal of and premium, if any, and interest (subject to the payment
provisions in paragraph 12 above) on, such Certificate and for all other purposes whatsoever
whether or not such Certificate shall be overdue, and neither the City nor the Registrar shall be
affected by notice to the contrary.
1893950vl
11
14. Delivery: Application of Proceeds. The Certificates when so prepared and
executed shall be delivered by the Finance Director to the Purchaser upon receipt of the purchase
price, and the Purchaser shall not be obliged to see to the proper application thereof.
15. Fund and Accounts. There is hereby created a special fund to be designated the
"General Obligation Equipment Certificates, Series 2006B Fund" (the "Fund") to be
administered and maintained by the Finance Director as a bookkeeping account separate and
apart from all other funds maintained in the official financial records of the City. The Fund shall
be maintained in the manner herein specified until all of the Certificates and the interest thereon
have been fully paid. There shall be maintained in the Fund the following separate accounts:
16. Capital Account To the Capital Account there shall be credited the proceeds of
the sale of the Certificates, less accrued received thereon, and less.any amount paid for the
Certificates in excess of the minimum bid. From the Capital Account there shall be paid all costs
and expenses of the acquisition of the Equipment including all costs incurred and to be incurred
of the kind authorized in Minnesota Statutes, Section 475.65; and the moneys in said account
shall be used for no other purpose except as otherwise provided by law; provided that the
proceeds of the Certificates may also be used to the extent necessary to pay interest on the
Certificates due prior to the anticipated date of commencement of the collection of taxes herein
levied.
17. Debt Service Account There are hereby irrevocably appropriated and pledged to,
and there shall be credited to, the Debt Service Account: (i) all accrued interest received upon
delivery of the Certificates; (ii) all funds paid for the Certificates in excess of the minimum bid;
(iii) all taxes herein and hereafter levied for the payment of the Certificates; (iv) all funds
reml'lining in the Capital Account after the payment of all costs of the Equipment; (v) all
investment earnings on funds held in the Debt Service Account; and (vi) any and all other
moneys which are properly available and are appropriated by the governing body of the City to
the Debt Service Account The Debt Service Account shall be used solely to pay the principal
and interest of the Certificates and any other general obligation certificates of the City hereafter
issued by the City and made payable from said account as provided by law.
No portion of the proceeds of the Certificates shall be used directly or indirectly to
acquire higher yielding investments or to replace funds which were used directly or indirectly to
. acquire higher yielding investments, except (i) for a reasonable temporary period until such
proceeds are needed for the purpose for which the Certificates were issued and (ii) in addition to
the above in an amount not greater than the lesser of five percent of the proceeds of the
Certificates or $100,000. To this effect, any proceeds of the Certificates and any sums from time
to time held in the Capital Account or Debt Service Account (or any other City account which
will be used to pay principal or interest to become due on the certificates payable therefrom) in
excess of amounts which under then-applicable federal arbitrage regulations may be invested
without regard to yield shall not be invested at a yield in excess of the applicable yield
restrictions imposed by said arbitrage regulations on such investments after taking into account
any applicable "temporary periods" or "minor portion" made available under the federal arbitrage
regulations. Mene'Y-ID the Fund shall not be invested in obligations or deposits issued by,
guaranteed by or insured by the United States or any agency or instrumentality thereof if and to
1893950vl
12
the extent that such investment would cause the Certificates to be "federally guaranteed" within
the meaning of Section 149(b) of the Internal Revenue Code of 1986, as amended (the "Code").
1 &. Tax Levv: Covera!!e Test. To provide moneys for payment of the principal and
interest on the Certificates there is hereby levied upon all of the taxable property in the City a
direct annual ad valorem tax which shall be spread upon the tax rolls and collected with and as
part of other general property taxes in the City for the years and in the amounts as follows:
Year of Tax Levv
Year of Tax Collection
Amount
See Attached Levy Schedule
The tax levies are such that if collected in full they, together with other revenues herein
pledged for the payment of the Certificates, will produce at least five percent (5%) in excess of
the amount needed to meet when due the principal and interest payments on the Certificates. .
The tax levies shall be irrepealable so long as any of the Certificates are outstanding and unpaid,
provided that the City reserves the right and power to reduce the levies in the manner and to the
extent permitted by Minnesota Statutes, Section 475.61, Subdivision 3.
19. Defeasance. When all Certificates have been discharged as provided in this
paragraph, all pledges, covenants and other rights granted by this resolution to the registered
holders of the Certificates shall cease. The City may discharge its obligations with respect to any
Certificates which are due on any date by irrevocably depositing with the Registrar on or before
that date a sum sufficient for the payment thereof in full; or if any Certificate should not be paid
when due, it may nevertheless be discharged by depositing with the Registrar a sum sufficient for
the payment thereof in full with interest accrued to the date of such deposit. The City may also
at any time discharge its obligations with respect to any Certificates, subject to the provisions of
law now or hereafter authorizing and regulating such action, by depositing irrevocably in escrow,
with a suitable banking institution qualified by law as an escrow agent for this purpose, cash or
securities described in Minnesota Statutes, Section 475.67, Subdivision 8, bearing interest
payable at such times and at such rates and maturing on such dates as shall be required, subject
to sale and/or reinvestment, to pay all amounts to become due thereon to maturity.
20. Compliance with Reimbursement Bond Re!!ulations. .The provisions of this
paragraph are intended to establish and provide for the City's compliance with United States
Treasury Regulations Section 1.150-2 (the "Reimbursement Regulations") applicable to the
"reimbursement proceeds" of the Certificates, being those portions thereof which will be used by
the City to reimburse itself for any expenditure which the City paid or will have paid prior to the
Closing Date (a "Reimbursement Expenditure").
The City hereby certifies andlor covenants as follows:
(a) Not later than 60 days after the date of payment of a Reimbursement Expenditure,
the City (or person designated to do so on behalf of the City) has made or will have made a
written declaration of the City's official intent (a "Declaration") which effectively (i) states the
City's reasonable expectation to reimburse itself for the payment of the Reimbursement
Expenditure out of the proceeds of a subsequent borrowing; eii) gives a general and functional
description of the property, project or program to which the Declaration relates and for which the
1 893950vl
13
Reimbursement Expenditure is paid, or identifies a specific fund or account of the City and the
general functional purpose thereof from which the Reimbursement Expenditure was to be paid
(collectively the "Project"); and eiii) states the maximum principal amount of debt expected to be
issued by the City for the purpose of :financing the Project; provided, however, that no such
Declaration shall necessarily have been made with respect to: ei) "preliminary expenditures" for
the Project, defined in the Reimbursement Regulations to include engineering or architectural,
surveying and soil testing expenses and similar prefatory costs, which in the aggregate do not
exceed 20% of the "issue price" of the Certificates, and eii) a de minimis amount of
Reimbursement Expenditures not in excess of the lesser of $100,000 or 5% of the proceeds of
the Certificates.
(b) Each Reimbursement Expenditure is a capital expenditure or a cost of issuance of
the Certificates or any of the other types of expenditures described in Section 1.150-2(d)(3) of
the Reimbursement Regulations. .
(c) The "reimbursement allocation" described in the Reimbursement Regulations for
each Reimbursement Expenditure shall and will be made forthwith following (but not prior to)
the issuance of the Certificates and in all events within the period ending on the date which is the
later of three years after payment of the Reimbursement Expenditure or one year after the date on
which the Project to which the Reimbursement Expenditure relates is first placed in service.
(d) Each such reimbursement allocation will be made in a writing that evidences the
City's use of bond proceeds to reimburse the Reimbursement Expenditure and, if made within 30
days after the Certificates are issued, shall be treated as made on the day the Certificates are
issued.
Provided, however, that the City may take action contrary to any of the foregoing covenants in
this paragraph upon receipt of an opinion of its Bond Counsel for the Certificates stating in effect
that such action will not impair the tax-exempt status of the Certificates.
21. Continuin!! Disclosure. The City is the sole obligated person with respect to the
Certificates. The City hereby agrees, in accordance with the provisions of Rule 15c2-12 (the
"Rule"), promulgated by the Securities and Exchange Commission (the "Commission") pursuant
to the Securities Exchange Act of 1934, as amended, and a Continuing Disclosure Undertaking
(the "Undertaking") hereinafter described to:
ea) Provide or cause to be provided to each nationally recognized municipal securities
information repository (''NRMSIR'') and to the appropriate state information depository e"SID"),
if any, for the State of Minnesota, in each case as designated by the Commission in accordance
with the Rule, certain annual :financial information and operating data in accordance with the
Undertaking. The City reserves the right to modify from time to time the terms of the
Undertaking as provided therein.
(b) Provide or cause to be provided, in a timely manner, to ei) each NRMSIR or to the
Municipal Securities Rulemaking Board ("MSRB") and eii) the SID, notice of the occurrence of
certain material events with respect to the Certificates in accordance with the Undertaking.
1 893950vl
14
( c) Provide or cause to be provided, in a timely manner, to ei) each NRMSIR or to the
MSRB and eii) the SID, notice of a failure by the City to provide the annual financial information
with respect to the City described in the Undertaking.
(d) The City agrees that its covenants pursuant to the Rule set forth in this paragraph
and in the Undertaking is intended to be for the benefit of the Holders of the Certificates and
shall be enforceable on behalf of such Holders; provided that the right to enforce the provisions
of these covenants shall be limited to a right to obtain specific enforcement of the City's
obligations under the covenarlts.
The Mayor and Clerk of the City, or any other officer of the City authorized to act in their
place ethe "Officers") are hereby authorized and directed to execute on behalf of the City the
Undertaking in substantially the form presented to the City Council subject to such modifications
thereof or additions thereto as are (i) consistent with the requirements under the Rule, eii)
required by the Purchaser of the Certificates, and eiii) acceptable to the Officers.
22. General Obli!!ation Pledge. For the prompt and full payment of the principal and
interest on the Certificates, as the same respectively become due, the full faith, credit and taxing
powers of the City shall be and are hereby irrevocably pledged. If the balance in the Debt
Service Account is ever insufficient to pay all principal and interest then due on the Certificates
and any other certificates payable therefrom, the deficiency shall be promptly paid out of any
other funds of the City which are available for such purpose, and such other funds may be
reimbursed with or without interest from the Debt Service Account when a sufficient balance is
available therein.
23. Certificate ofRecistration. A certified copy of this resolution is hereby directed
to be filed with the Director of Property Tax and Public Records of Anoka County, together with
such other information as the Director shall require and there shall be obtained from the Director
a certificate that the Certificates have been entered in the Bond Register and that the tax levy
required by law has been made.
24. Records and Certificates. The officers of the City are hereby authorized and
directed to prepare and furnish to the Purchaser, and to the attorneys approving the legality of the
issuance of the Certificates, certified copies of all proceedings and records of the City relating to
the Certificates and to the :financial condition and affairs of the City, and such other affidavits,
certificates and inforrilation as are required to show the facts relating to the legality and
marketability of the Certificates as the same appear from the books and records under their
custody and control or as otherwise known to them, and all such certified copies, certificates and
affidavits, including any heretofore furnished, shall be deemed representations of the City as to
the facts recited therein.
25. Ne!!ative Covenant as to Use of Proceeds and Equipment. The City hereby
covenants not to use the proceeds of the Certificates or the equipment financed thereby, or to
cause or permit them to be used, or to enter into any deferred payment arrangements for the cost
of the equipment, in such a manner as to cause the Certificates to be "private activity bonds"
within the meaning of Sections 103 and 141 through 150 of the Code.
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15
26. Tax-Exempt Status of the Certificates: Rebate. The City shall comply with
requirements necessary under the Code to establish and maintain the exclusion from gross
income under Section 103 of the Code of the interest on the Certificates, inCluding without
limitation (1) requirements relating to temporary periods for investments, (2) limitations on
amounts invested at a yield greater than the yield on the Certificates, and (3) the rebate of excess
investment earnings to the United States if the Certificates (together with other obligations
reasonably expected to be issued and outstanding at one time in this calendar year) exceed the
small issuer exception amount of $5,000,000. For purposes of qualifying for the exception to the
federal arbitrage rebate requirements for governmental units issuing $5,000,000 or less of bonds,
the City hereby finds, determines and declares that (1) the Certificates are issued by a
governmental unit with general taxing powers, (2) no Certificate is a private activity bond, (3)
ninety-five percent (95%) or more of the net proceeds of the Certificates are to be used for local
governmental activities of the City e or of a governmental unit the jurisdiction of which is entirely
within the jurisdiction of the City), and (4) the aggregate face amount of all tax exempt bonds
(other than private activity bonds) issued by the City (and all subordinate entities thereof, and all
entities treated as one issuer with the City) during the calendar year in which the Certificates are
issued and outstanding at one time is not reasonably expected to exceed $5,000,000, all within
the meaning of Section 148(f)(4)(D) of the Code.
27: Desimation of Oualified Tax-Exempt Obligations. In order to qualify the
Certificates as "qualified tax -exempt obligations" within the meaning of Section 265(b)(3) of the
Code, the City hereby makes the following factual statements and representations: .
(a) the Certificates are issued after August 7, 1986;
(b) the Certificates are not "private activity bonds" as defined in Section 141 of the
Code;
(c) the City hereby designates the Certificates as "qualified tax-exempt obligations"
for purposes of Section 265(b)(3) of the Code;
(d) the reasonably anticipated amount of tax-exempt obligations eother than private
activity bonds, treating qualified 50 1 (c)(3) bonds as not being private activity bonds) which will.
be issued by the City (and all entities treated as one issuer with the City, and all subordinate
entities whose obligations are treated as issued by the City) during this calendar year 2006 will
not exceed $10,000,000; and
(e) not more than $10,000,000 of obligations issued by the City during this calendar
year 2006 have been designated for purposes of Section 26 5(b )e3) of the Code.
The City shall use its best efforts to comply with any federal procedural requirements which may
apply in order to effectuate the designation made by this paragraph.
2&. Pavment of Issuance Expenses. The City authorizes the Purchaser to forward the
amount of Certificate proceeds allocable to the payment of issuance expenses to U. S. Trust
Company N A., Greenwich, Connecticut on the closing date for further distribution as directed
by the City's financial advisor, Ehlers.
1 893950vl
16
29. Severability. If any section, paragraph or provision of this resolution shall be held
to be invalid or unenforceable for any reason, the invalidity or unenforceability of such section,
paragraph or provision shall not affect any of the remilinine provisions hereof.
30. Headinlls. Headings in this resolution are included for convenience of reference
only and are not a part hereof, and shall not limit or define the meaning of any provision hereof.
The motion for the adoption of the foregoing resolution was duly seconded by Member
Orttel and, after a full discussion thereof and upon vote being taken
thereon, the following voted in favor thereof: Jacobson, Knight, Gamache, Orttel, Trude
and the following voted against the same:None
Whereupon the resolution was declared duly passed and adopted.
1 8939SOvl
17
STATE OF MINNESOTA
COUNTY OF ANOKA
CITY OF ANDOVER
I, the undersigned, being the duly qualified and acting Clerk of the City of Andover,
Minnesota, DO HEREBY CERTIFY that I have compared the attached and foregoing extract of
minutes with the original thereof on file in my office, and that the same is a full, true and
complete transcript of the minutes of a meeting of the City Council, duly called and held on the
date therein indicated, insofar as the minutes relate to providing for the issuance and the sale of
$460,000 General Obligation Equipment Certificates, Series 2006B.
WITNESS my hand on April--.lL, 2006.
tL ~A~ {)Jb
Clerk
1893950vl
18
EXTRACT OF MINUTES OF A MEETING OF THE
CITY COUNCIL OF THE
CITY OF ANDOVER, MINNESOTA
HELD: February 20, 2007
Pursuant to due call and notice thereof, a regular or special meeting of the City Council
of the City of Andover, Anoka County, Minnesota, was duly held at the City Hall on February
20,2007, at 7:00 P.M., for the purpose, in part, of considering proposals and awarding the sale of
$760,000 General Obligation Equipment Certificates, Series 2007 A.
The following members were present: Mike Gamache, Don Jacobson, Mike Knight,
Ken Orttel and Julie Trude
and the following were absent: none
Member Knight introduced the following resolution and moved its adoption:
RESOLUTION RATIFYING ACCEPTANCE OF OFFER AND PROVIDING FOR THE
ISSUANCE AND SALE
OF $760,000 GENERAL OBLIGATION EQUIPMENT
CERTIFICATES, SERIES 2007A, AND LEVYING A TAX FOR
- THE PAYMENT THEREOF
A. WHEREAS, the City of Andover, Minnesota (the "City"), has heretofore
determined and declared that it is necessary and expedient to issue $760,000 General Obligation
Equipment Certificates, Series 2007 A (the "Certificates" or individually, a "Certificate"),
pursuant to Minnesota Statutes, Chapter 475 and Minnesota Statutes, Section 412.301, to finance
the purchase of various items of capital equipment for the City (the "Equipment") and each item
of equipment to be financed by the Certificates has an expected useful life at least as long as the
term ofthe Certificates; and
B. WHEREAS, the amount ofthe Certificates to be issued does not exceed one-
quarter of one percent (0.25%) of the market value of the taxable property in the City
($2,868,044279 times 0.25% is $7,170,1 11); and
C. WHEREAS, the City has retained Ehlers & Associates, Inc., in Roseville,
Minnesota ("Ehlers"), as its independent financial advisor for the sale of the Certificates and was
therefore authorized to sell the Certificates by private negotiation in accordance with Minnesota
Statutes, Section 475.60, Subdivision 2(9) and proposals to purchase the Certificates have been
solicited by Ehlers; and
D. WHEREAS, the proposals set forth on Exhibit A attached hereto were received
by the City Administrator, or designee, at the offices of Ehlers, at 11 :00 A.M., on February 13,
2007 pursuant to the Terms of Proposal established for the Certificates; and
E. WHEREAS, it is in the best interests of the City that the Certificates be issued in
book -entry form as hereinafter provided; and
1988913vl
NOW, THEREFORE, BE IT RESOLVED by the City Council ofthe City of Andover,
Minnesota, as follows:
1. Ratification of Acceptance of Proposal. All prior actions taken by the City
Administrator with respect to the proposal of Cronin & Company. Inc.. Minneapolis. Minnesota
(the "Purchaser"), to purchase the Certificates, in accordance with the Terms of Proposal
established for the Certificates, at the rates of interest hereinafter set forth, and to pay therefor the
sum of $763.400.85, plus interest accrued to settlement, is hereby found, determined and
declared to be the most favorable proposal received, is hereby ratified, accepted and the
Certificates are hereby awarded to the Purchaser. The Clerk is directed to retain the deposit of
the Purchaser and to forthwith return to the unsuccessful bidders any good faith checks or drafts.
2. Certificate Terms.
(a) Ori!!inal Issue Date: Denominations: Maturities: Term Bond Option. The
Certificates shall be dated March 13,2007, as the date of original issue, shall be issued forthwith
on or after such date in fully registered form, shall be numbered from R-l upward in the
denomination of $5,000 each or in any integral multiple thereof of a single maturity (the
"Authorized Denominations") and shall mature on the February 1 in the years and amounts as
follows:
Year Amount
2008 $180,000
2009 185,000
2010 195,000
2011 200,000
As may be requested by the Purchaser, one or more term bonds may be issued having
mandatory sinking fund redemption and final maturity amounts conforming to the foregoing
principal repayment schedule, and corresponding additions may be made to the provisions of the
applicable Certificate(s).
(b) Book Entry Only Svstem. The Depository Trust Company, a limited purpose
trust company organized under the laws of the State of New York or any of its successors or its
successors to its functions hereunder (the "Depository") will act as securities depository for the
Certificates, and to this end:
(i) The Certificates shall be initially issued and, so long as they remain in
book entry form only (the "Book Entry Only Period"), shall at all times be in the form of
a separate single fully registered Certificate for each maturity of the Certificates; and for
purposes of complying with this requirement under paragraphs 5 and 10 Authorized
Denominations for any Certificate shall be deemed to be limited during the Book Entry
Only Period to the outstanding principal amount of that Certificate.
(ii) Upon initial issuance, ownership of the Certificates shall be registered in a
bond register maintained by the Registrar (as hereinafter defined) in the name of CEDE
1988913vl
2
& CO., as the nominee (it or any nominee of the existing or a successor Depository, the
''Nominee'').
(iii) With respect to the Certificates neither the City nor the Registrar shall
have any responsibility or obligation to any broker, dealer, bank, or any other financial
institution for which the Depository holds Certificates as securities depository (the
"Participant") or the person for which a Participant holds an interest in the Certificates
shown on the books and records of the Participant (the "Beneficial Owner"). Without
limiting the immediately preceding sentence, neither the City, nor the Registrar, shall
have any such responsibility or obligation with respect to (A) the accuracy of the records
of the Depository, the Nominee or any Participant with respect to any owncership interest
in the Certificates, or (B) the delivery to any Participant, any Owner or any other person,
other than the Depository, of any notice with respect to the Certificates, including any
notice of redemption, or (C) the payment to any Participant, any Beneficial Owner or any
other person, other than the Depository, of any amount with respect to the principal of or
premium, if any, or interest on the Certificates, or (D) the consent given or other action
taken by the Depository as the Register Holder of any Certificates (the "Holder"). For.
purposes of securing the vote or consent of any Holder under this Resolution, the City
may, however, rely upon an omnibus proxy under which the Depository assigns its
consenting or voting rights to certain Participants to whose accounts the Certificates are
credited on the record date identified in a listing attached to the omnibus proxy.
(iv) The City and the Registrar may treat as and deem the Depository to be the
absolute owner of the Certificates for the purpose of payment of the principal of and
premium, if any, and interest on the Certificates, for the purpose of giving notices of
redemption and other matters with respect to the Certificates, for the purpose of obtaining
any consent or other action to be taken by Holders for the purpose of registering transfers
with respect to such Certificates, and for all purpose whatsoever. The Registrar, as
paying agent hereunder, shall pay all principal of and premium, if any, and interest on the
Certificates only to or upon the Holder of the Holders of the Certificates as shown on the
bond register, and all such payments shall be valid and effective to fully satisfy and
discharge the City's obligations with respect to the principal of and premium, if any, and
interest on the Certificates to the extent of the sum or sums so paid.
(v) Upon delivery by the Depository to the Registrar of written notice to the
effect that the Depository has determined to substitute a new Nominee in place of the
existing Nominee, and subject to the transfer provisions in paragraph 10, references to the
Nominee hereunder shall refer to such new Nominee.
(vi) So long as any Certificate is registered in the name of a Nominee, all
payments with respect to the principal of and premium, if any, and interest on such
Certificate and all notices with respect to such Certificate shall be made and given,
respectively, by the Registrar or City, as the case may be, to the Depository as provided
in the Letter of Representations to the Depository required by the Depository as a
condition to its acting as book-entry Depository for the Certificates (said Letter of
Representations, together with any replacement thereof or amendment or substitute
thereto, including any standard procedures or policies referenced therein or applicable
1988913vl
3
thereto respecting the procedures and other matters relating to the Depository's role as
book-entry Depository for the Certificates, collectively hereinafter referred to as the
"Letter of Representations").
(vii) All transfers of beneficial ownership interests in each Certificate issued in
book-entry form shall be limited in principal amount to Authorized Denominations and
shall be effected by procedures by the Depository with the Participants for recording and
transferring the ownership of beneficial interests in such Certificates.
(viii) In connection with any notice or other communication to be provided to
the Holders pursuant tothis Resolution by the City or Registrar with respect to any
consent or other action to be taken by Holders, the Depository shall consider the date of
receipt of notice requesting such consent or other action as the record date for such
consent or other action; provided, that the City or the Registrar may establish a special
record date for such consent or other action. The City or the Registrar shall, to the extent
possible, give the Depository notice of such special record date not less than 15 calendar
days in advance of such special record date to the extent possible.
(ix) Any successor Registrar in its written acceptance of its duties under this
Resolution and any paying agencylbond registrar agreement, shall agree to take any
actions necessary from time to time to comply with the requirements of the Letter of
Representations.
(c) Termination ofBook-Entrv Only System. Discontinuance of a particular
Depository's services and termination of the book-entry only system may be effected as follows:
(i) The Depository may determine to discontinue providing its services with
.respect to the Certificates at any time by giving written notice to the City and discharging
its responsibilities with respect thereto under applicable law. The City may terminate the
services of the Depository with respect to the Certificate if it determines that the
Depository is no longer able to carry out its functions as securities depository or the
continuation of the system of book-entry transfers through the Depository is not in the
best interests of the City or the Beneficial Owners.
(ii) Upon termination of the services of the Depository as provided in the
preceding paragraph, and if no substitute securities depository is willing to undertake the
functions of the Depository hereunder can be found which, in the opinion of the City, is
willing and able to assume such functions upon reasonable or customary terms, or if the
City determines that it is in the best interests of the City or the Beneficial Owners ofthe
Certificate that the Beneficial Owners be able to obtain certificates for the Certificates,
the Certificates shall no longer be registered as being registered in the bond register in the
name of the Nominee, but may be registered in whatever name or names the Holder of
the Certificates shall designate at that time, in accordance with paragraph 10 hereof. To
the extent that the Beneficial Owners are designated as the transferee by the Holders, in
accordance with paragraph 10 hereof, the Certificates will be delivered to the Beneficial
Owners.
1988913vl
4
(iii) Nothing in this subparagraph (c) shall limit or restrict the provisions of
paragraph 10.
(d) Letter of Representations. The provisions in the Letter of Representations are
incorporated herein by reference and made a part of the resolution, and if and to the extent any
such provisions are inconsistent with the other provisions of this resolution, the provisions in the
Letter of Representations shall control.
3. Purpose. The Certificates shall provide funds to finance the Equipment. The total
cost of the Equipment, which shall include all costs enumerated in Minnesota Statutes, Section
475.65, is estimated to be at least equal to the amount of the Certificates.
4. Interest. The Certificates shall bear interest payable semiannually on February 1
and August 1 of each year (each, an "Interest Payment Date"), commencing August 1, 2007,
calculated on the basis of a 360-day year of twelve 30-day months, at the respective rates per
annum set forth opposite the maturity dates as follows:
Maturity Year
Interest Rate
2008
2009
2010
2011
4.00%
4.00%
4.00%
4.00%
5. No Redemption. The Certificates shall not be subject to redemption and
prepayment prior to their stated maturity dates.
6. Registrar. U.S. Bank National Association, in St. Paul, Minnesota, is appointed to
act as registrar and transfer agent with respect to the Certificates (the "Registrar"), and shall do
so unless and until a successor Registrar is duly appointed, all pursuant to any contract the City
and Registrar shall execute which is consistent herewith. The Registrar shall also serve as
paying agent unless and until a successor paying agent is duly appointed. Principal and interest
on the Certificates shall be paid to the registered holders (or record holders) of the Certificates in
the manner set forth in the form of Certificate and paragraph 12.
7. Form of Certificate. The Certificates, together with the Registrar's Certificate of
Authentication, the form of Assignment and the registration information thereon, shall be in
substantially the following form:
I 988913vl
5
UNITED STATES OF AMERICA
STATE OF MINNESOTA
ANOKA COUNTY
CITY OF ANDOVER
R-
$
GENERAL OBLIGATION EQUIPMENT CERTIFICATES, SERIES 2007 A
INTEREST
RATE
MATURITY
DATE
DATE OF
ORIGINAL ISSUE
CUSIP
%
FEBRUARY 1,20_
MARCH 13, 2007
REGISTERED OWNER:
CEDE & CO.
PRINCIP AL AMOUNT:
DOLLARS
THE CITY OF ANDOVER, ANOKA COUNTY, MINNESOTA (the "Issuer"), certifies
that it is indebted and for value received promises to pay to the registered owner specified above,
or registered assigns, in the manner hereinafter set forth, the principal amount specified above,
on the maturity date specified above, without option of prepayment, and to pay interest thereon
semiannually on February 1 and August 1 of each year (each, an "Interest Payment Date"),
commencing August 1,2007, at the rate per annum specified above (calculated on the basis ofa
360-day year of twelve 30-day months) until the principal sum is paid or has been provided for.
This Certificate will bear interest from the most recent Interest Payment Date to which interest
has been paid or, if no interest has been paid, from the date of original issue hereof. The
principal of and premium, if any, on this Certificate are payable upon presentation and surrender
hereof at the principal office of US. Bank National Association, in St. Paul, Minnesota (the
"Registrar"), acting as paying agent, or any successor paying agent duly appointed by the Issuer.
Interest on this Certificate will be paid on each Interest Payment Date by check or draft mailed to
the person in whose name this Certificate is registered (the "Holder") on the registration books of
the Issuer maintained by the Registrar and at the address appearing thereon at the close of
business on the fifteenth day of the calendar month next preceding such Interest Payment Date
(the "Regular Record Date"). Any interest not so timely paid shall cease to be payable to the
person who is the Holder hereof as of the Regular Record Date, and shall be payable to the
person who is the Holder hereof at the close of business on a date (the "Special Record Date")
fixed by the Registrar whenever money becomes available for payment of the defaulted interest.
Notice of the Special Record Date shall be given to Holders not less than ten days prior to the
Special Record Date. The principal of and premium, if any, and interest on this Certificate are
payable in lawful money of the United States of America. So long as this Certificate is
registered in the name ofthe Depository or its Nominee as provided in the Resolution her.einafter
described, and as those terms are defmed therein, payment of principal of, premium, if any, and
interest on this Certificate and notice with respect thereto shall be made as provided in the Letter
of Representations, as defined in the Resolution. Until termination ofthe book-entry only
1 988913vl
6
system pursuant to the Resolution, Certificates may only be registered in the name of the
Depository or its Nominee.
No Redemption. The Certificates of this issue (the "Certificates") are not subject to
redemption and prepayment prior to their stated maturity dates.
Issuance; Purpose; General Obligation. This Certificate is one of an issue in the total
principal amount of $760,000, all oflike date of original issue and tenor, except as to nwnber,
maturity, interest rate and denomination, issued pursuant to and in full conformity with the
Constitution and laws of the State of Minnesota and pursuant to a resolution adopted by the City
Council on February 20,2007 (the "Resolution"), for the purpose of providing money to finance
the purchase of various items of capital equipment for the Issuer. This Certificate is payable out
of the General Obligation Equipment Certificates, Series 2007 A Fund of the Issuer. This
Certificate constitutes a general obligation of the Issuer and to provide moneys for the prompt
and full payment of its principal, premium, if any, and interest when the same become due, the
full faith and credit and taxing powers of the Issuer have been and are hereby irrevocably
pledged.
Denominations: Exchan!!e: Resolution. The Certificates are issuable solely in fully
registered form in Authorized Denominations (as defined in the Resolution) and are
exchangeable for fully registered Certificates of other Authorized Denominations in equal
aggregate principal amounts at the principal office of the Registrar, but only in the manner and
subject to the limitations provided in the Resolution. Reference is hereby made to the Resolution
for a description of the rights and duties of the Registrar. Copies of the Resolution are on file in
the principal office of the Registrar.
Transfer. This Certificate is transferable by the Holder in person or by the Holder's
attorney duly authorized in writing at the principal office of the Registrar upon presentation and
surrender hereof to the Registrar, all subject to the terms and conditions provided in the
Resolution and to reasonable regulations of the Issuer contained in any agreement with the
Registrar. Thereupon the Issuer shall execute and the Registrar shall authenticate and deliver, in
exchange for this Certificate, one or more new fully registered Certificates in the name of the
transferee (but not registered in blank or to "bearer" or similar designation), of an Authorized
Denomination or Denominations, in aggregate principal amount equal to the principal amount of
this Certificate, of the same maturity and bearing interest at the same rate.
Fees upon Transfer or Loss. The Registrar may require payment of a swn sufficient to
cover any tax or other governmental charge payable in connection with the transfer or exchange
of this Certificate and any legal or unusual costs regarding transfers and lost Certificates.
Treatment of Recistered Owners. The Issuer and Registrar may treat the person in whose
name this Certificate is registered as the owner hereof for the purpose of receiving payment as
herein provided (except as otherwise provided herein with respect to the Record Date) and for all
other purposes, whether or not this Certificate shall be overdue, and neither the Issuer nor the
Registrar shall be affected by notice to the contrary.
1988913vl
7
Authentication. This Certificate shall not be valid or become obligatory for any purpose
or be entitled to any security unless the Certificate of Authentication hereon shall have been
executed by the Registrar.
Not Oualified Tax-Exempt Obligation. This Certificate has not been designated by the
Issuer as a "qualified tax-exempt obligation" for purposes of Section 265(b)(3)"ofthe Internal
Revenue Code of 1986, as amended.
IT IS HEREBY CERTIFIED AND RECITED that all acts, conditions and things
required by the Constitution, laws ofthe State of Minnesota to be done, to happen and to be
performed, precedent to and in the issuance of this Certificate, have been done, have happened
and have been performed, in regular and due form, time and manner as required by law, and that
this Certificate, together with all other debts of the Issuer outstanding on the date of original
issue hereof and the date of its issuance and delivery to the original purchaser, does not exceed
any constitutional or statutory limitation of indebtedness.
IN WITNESS WHEREOF, the City of Andover, Anoka County, Minnesota, by its City
Council has caused this Certificate to be executed on its behalf by the facsimile signatures of its
Mayor and its Clerk, the corporate seal of the Issuer having been intentionally omitted as
permitted by law.
Date of Registration:
Registrable by: u.s. BANK NATIONAL
ASSOCIATION
Payable at: U.S. BANK NATIONAL
ASSOCIATION
REGISTRAR'S CERTIFICATE
OF AUTHENTICATION
CITY OF ANDOVER, ANOKA COUNTY,
MINNESOTA
This Certificate is one of the
Certificates described in the
Resolution mentioned within.
Isl Facsimile
Mayor
U.S. Bank National Association
St. Paul, Minnesota
Registrar
Isl Facsimile
Clerk
By
Authorized Signature
1988913vl
8
ABBREVIATIONS
The following abbreviations, when used in the inscription on the face ofthis Certificate,
shall be construed as though they were written out in full according to applicable laws or
regulations:
TEN COM - as tenants in common
TEN ENT - as tenants by the entireties
JT TEN - as joint tenants with right of survivorship
and not as tenants in common
UTMA - as custodian for under the .
Uniform
(Cust)
Transfers to Minors Act
(Minor)
(State)
Additional abbreviations may also be used though not in the above list.
ASSIGNMENT
For value received, the undersigned hereby sells, assigns and transfers unto
the within Certificate and does hereby
irrevocably constitute and appoint attorney to transfer the Certificate on the
books kept for the registration thereof, with full power of substitution in the premises.
Dated:
Notice: The assignor's signature to this assignment must
correspond with the name as it appears upon the
face of the within Certificate in every particular,
without alteration or any change whatever.
Signature Guaranteed:
Signature(s) must be guaranteed by a national bank or trust company or by a brokerage firm
having a membership in one of the major stock exchanges or any other "Eligible Guarantor
Institution" as defined in 17 CFR 240.17 Ad-15(a)e2).
The Registrar will not effect transfer ofthis Certificate unless the information concerning
the transferee requested below is provided.
.Name and Address:
(Include information for all joint owners if the Certificate is held by joint account.)
1988913vl
9
8. Execution: Temporary Certificates. The Certificates shall be printed (or, at the
request of the Purchaser, typewritten) and shall be executed on behalf of the City by the
signatures of its Mayor and Clerk and be sealed with the seal of the City; provided, however, that
the seal of the City may be a printed (or, at the request of the Purchaser, photocopied) facsimile;
and provided further that both of such signatures may be printed (or, at the request of the
Purchaser, photocopied) facsimiles and the corporate seal may be omitted on the Certificates as
permitted by law. In the event of disability or resignation or other absence of either such officer,
the Certificates may be signed by the manual or facsimile signature of that officer who may act
on behalf of such absent or disabled officer. In case either such officer whose signature or
facsimile of whose signature shall appear on the Certificates shall cease to be such officer before
the delivery of the Certificates, such signature or facsimile shall nevertheless be valid and
sufficient for all purposes, the same as ifhe or she had remained in office until delivery. The
City may elect to deliver, in lieu of printed definitive certificates, one or more typewritten,
temporary certificates in substantially the form set forth above, with such changes as may be
necessary to reflect more than one maturity in a single temporary certificate. Such temporary
certificates may be executed with photocopied facsimile signatures of the Mayor and Clerk.
Such temporary certificates shall, upon the printing of the definitive certificates and the
execution thereof, be exchanged therefor and canceled.
9. Authentication. No Certificate shall be valid or obligatory for any purpose or be
entitled to any security or benefit under this resolution unless a Certificate of Authentication on
such Certificate, substantially in the form hereinabove set forth, shall have been duly executed by
an authorized representative of the Registrar. Certificates of Authentication on different
Certificates need not be signed by the same person. The Registrar shall authenticate the
signatures of officers of the City on each Certificate by execution of the Certificate of
Authentication on the Certificate and by inserting as the date of registration in the space provided
the date on which the Certificate is authenticated, except that for purposes of delivering the
original Certificates to the Purchaser, the Registrar shall insert as a date of registration the date of .
original issue, which date is March 13,2007. The Certificate of Authentication so executed on
each Certificate shall be conclusive evidence that it has been authenticated and delivered under
this resolution.
10. Registration; Transfer: Exchange. The City will cause to be kept at the principal
office of the Registrar a certificate register in which, subject to such reasonable regulations as the
Registrar may prescribe, the Registrar shall provide for the registration of Certificates and the
registration of transfers of Certificates entitled to be registered or transferred as herein provided.
Upon surrender for transfer of any Certificate at the principal office of the Registrar, the
City shall execute (if necessary), and the Registrar shall authenticate, insert the date of
registration (as provided in paragraph 9) of, and deliver, in the name ofthe designated transferee
or transferees, one or more new Certificates of any Authorized Denomination or Denominations
of a like aggregate principal amount, having the same stated maturity and interest rate, as
requested by the transferor; provided, however, that no Certificate may be registered in blank or
in the name of "bearer" or similar designation.
At the option of the Holder, Certificates may be exchanged for Certificates of any
Authorized Denomination or Denominations of a like aggregate principal amount and stated
1988913vl
10
maturity, upon surrender of the Certificates to be exchanged at the principal office of the
Registrar. Whenever any Certificates are so surrendered for exchange, the City shall execute (if
necessary), and the Registrar shall authenticate, insert the date of registration of, and deliver the
Certificates which the Holder making the exchange is entitled to receive.
All Certificates surrendered upon any exchange or transfer provided for in this resolution
shall be promptly canceled by the Registrar and thereafter disposed of as directed by the City.
All Certificates delivered in exchange for or upon transfer of Certificates shall be valid
general obligations of the City evidencing the same debt, and entitled to the same benefits under
this resolution, as the Certificates surrendered for such exchange or transfer.
. Every Certificate presented or surrendered for transfer or exchange shall be duly
endorsed orbe accompanied by a written instrument of transfer, in form satisfactory to the
Registrar, duly executed by the Holder thereof or the Holder's attorney duly authorized in
writing.
The Registrar may require payment of a sum sufficient to cover any tax or other
governmental charge payable in connection with the transfer or exchange of any Certificate and
any legal or unusual costs regarding transfers and lost Certificates.
Transfers shall also be subject to reasonable regulations of the City contained in any
agreement with the Registrar, including regulations which permit the Registrar to close its
transfer books between record dates and payment dates. The City Manager is hereby authorized
to negotiate and execute the terms of said agreement.
11. Rights Upon Transfer or Exchange. Each Certificate delivered upon transfer of or
in exchange for or in lieu of any other Certificate shall carry all the rights to interest accrued and
unpaid, and to accrue, which were carried by such other Certificate.
12. Interest Payment Record Date. Interest on any Certificate shall be paid on each
Interest Payment Date by check or draft mailed to the person in whose name the Certificate is
registered (the "Holder") on the registration books of the City maintained by the Registrar and at
the address appearing thereon at the close of business on the fifteenth (15th) day of the calendar
month next preceding such Interest Payment Date (the "Regular Record Date"). Any such
interest not so timely paid shall cease to be payable to the person who is the Holder thereof as of
the Regular Record Date, and shall be payable to the person who is the Holder thereof at the
close of business on a date (the "Special Record Date") fixed by the Registrar whenever money
becomes available for payment of the defaulted interest. Notice of the Special Record Date shall
be given by the Registrar to the Holders not less than ten (10) days prior to the Special Record
Date.
13. Treatment of Registered Owner. The City and Registrar may treat the person in
whose name any Certificate is registered as the owner of such Certificate for the purpose of
receiving payment of principal of and premium, if any, and interest (subject to the payment
provisions in paragraph 12 above) on, such Certificate and for all other purposes whatsoever
whether or not such Certificate shall be overdue, and neither the City nor the Registrar shall be
affected by notice to the contrary.
1 988913vl
11
14. Delivery: Application of Proceeds. The Certificates when so prepared and
executed shall be delivered by the Finance Director to the Purchaser upon receipt of the purchase
price, and the Purchaser shall not be obliged to see to the proper application thereof.
15. Fund and Accounts. There is hereby created a special fund to be designated the
"General Obligation Equipment Certificates, Series 2007A Fund" (the "Fund") to be
administered and maintained by the Finance Director as a bookkeeping account separate and
apart from all other funds maintained in the official financial records ofthe City. The Fund shall
be maintained in the manner herein specified until all of the Certificates and the interest thereon
have been fully paid. There shall be maintained in the Fund the following separate accounts:
16. Capital Account. To the Capital Account there shall be credited the proceeds of
the sale of the Certificates, less accrued received thereon, and less any amount paid for the
Certificates in excess of the minimum bid. From the Capital Account there shall be paid all costs
and expenses of the acquisition of the Equipment including all costs incurred and to be incurred
of the kind authorized in Minnesota Statutes, Section 475.65; and the moneys in said account
shall be used for no other purpose except as otherwise provided by law; provided that the
proceeds ofthe Certi:9.cates may also be used to the extent necessary to pay interest on the
Certificates due prior to the anticipated date of commencement of the collection of taxes herein
levied.
17. Debt Service Account. There are hereby irrevocably appropriated and pledged to,
and there shall be credited to, the Debt Service Account: (i) all accrued interest received upon
delivery of the Certificates; (ii) all funds paid for the Certificates in excess of the minimum bid;
(iii) all taxes herein and hereafter levied for the payment of the Certificates; (iv) all funds
remaining in the Capital Account after the payment of all costs of the Equipment; (v) all
investment earnings on funds held in the Debt Service Account; and (vi) any and all other
moneys which are properly available and are appropriated by the governing body of the City to
the Debt Service Account. The Debt Service Account shall be used solely to pay the principal
and interest of the Certificates and any other general obligation certificates of the City hereafter
issued by the City and made payable from said account as provided by law.
No portion ofthe proceeds of the Certificates shall be used directly or indirectly to
acquire higher yielding investments or to replace funds which were used directly or indirectly to
acquire higher yielding investments, except (i) for a reasonable temporary period until such.
proceeds are needed for the purpose for which the Certificates were issued and (ii) in addition to
the above in an amount not greater than the lesser of five percent of the proceeds of the
Certificates or $100,000. To this effect, any proceeds of the Certificates and any sums from time
to time held in the Capital Account or Debt Service Account (or any other City account which
will be used to pay principal or interest to become due on the certificates payable therefrom) in
excess of amounts which under then-applicable federal arbitrage regulations may be invested
without regard to yield shall not be invested at a yield in excess of the applicable yield
restrictions imposed by said arbitrage regulations on such investments after taking into account
any applicable "temporary periods" or "minor portion" made available under the federal arbitrage
regulations. Money in the Fund shall not be invested in obligations or deposits issued by,
guaranteed by or insured by the United States or any agency or instrumentality thereof if and to
1988913vl
12
the extent that such investment would cause the Certificates to be "federally guaranteed" within
the meaning of Section I 49(b) of the Internal Revenue Code of 1986, as amended (the "Code").
18. Tax Levv: Coverage Test. To provide moneys for payment of the principal and
interest on the Certificates there is hereby levied upon all ofthe taxable property in the City a
direct annual ad valorem tax which shall-be spread upon the tax rolls and collected with and as
part of other general property taxes in the City for the years and in the amounts as follows:
Year of Tax Levy
Year of Tax Collection
Amount
See Attached Levy Schedule
The tax levies are such that if collected in full they, together with other revenues herein
pledged for the payment of the Certificates, will produce at least five percent (5%) in excess of
the amount needed to meet when due the principal and interest payments on the Certificates.
The tax levies shall be irrepealable so long as any of the Certificates are outstanding and unpaid,
provided that the City reserves the right and power to reduce the levies in the manner and to the
extent permitted by Minnesota Statutes, Section 475.61, Subdivision 3.
19. Defeasance. When all Certificates have been discharged as provided in this
paragraph, all pledges, covenants and other rights granted by this resolution to the registered
holders of the Certificates shall cease. The City may discharge its obligations with respect to any
Certificates which are due on any date by irrevocably depositing with the Registrar on or before
that date a sum sufficient for the payment thereof in full; or if any Certificate should not be paid
when due, it may nevertheless be discharged by depositing with the Registrar a sum sufficient for
the payment thereof in full with interest accrued to the date of such deposit. The City may also
at any time discharge its obligations with respect to any Certificates, subject to the provisions of
law now or hereafter authorizing and regulating such action, by depositing irrevocably in escrow,
with a suitable banking institution qualified by law as an escrow agent for this purpose, cash or
securities described in Minnesota Statutes, Section 475.67, Subdivision 8, bearing interest
payable at such times and at such rates and maturing on such dates as shall be required, subject
to sale andlor reinvestment, to pay all amounts to become due thereon to maturity.
20. Compliance with Reimbursement Bond Re!!tilations. The provisions of this
paragraph are intended to establish and provide for the City's compliance with United States
Treasury Regulations Section 1.150-2 (the "Reimbursement Regulations") applicable to the
"reimbursement proceeds" ofthe Certificates, being those portions thereof which will be used by
the City to reimburse itself for any expenditure which the City paid or will have paid prior to the
Closing Date (a "Reimbursement Expenditure").
The City hereby certifies andlor covenants as follows:
(a) Not later than 60 days after the date of payment ofa Reimbursement Expenditure,
the City (or person designated to do so on behalf of the City) has made or will have made a
written declaration of the City's official intent (a "Declaration") which effectively (i) states the
City's reasonable expectation to reimburse itself for the payment of the Reimbursement
Expenditure out of the proceeds of a subsequent borrowing; (ii) gives a general and functional
description of the property, project or program to which the Declaration relates and for which the
1988913vl
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Tax Levy Calculation For:
City of Andover, Minnesota
$760,000 General Obligation Equipment Certificates, Series 2007 A
Dated Date: 3/13/2007
Levy Collect Pay Total Funds P&I Net
Year Year Year P&I Available (1) x 105% Levy
2006 / 2007 / 2008 206,853.33 10,240.85 206,443.10 206,443.10 ..
2007 I 2008 I 2009 208,200.00 218,610.00 218,610.00
2008 I 2009 I 2010 210,800.00 221,340.00 221,340.00
2009 I 2010 I 2011 208,000.00 218,400.00 218,400.00
Totals 833,853.33 10,240.85 864,793.10 864,793.10
(1) The following funds are available to pay the interest payment due August 1, 2007:
Unused Discount:
Underwriter's Premium:
Total Funds Available
$6,840.00
3,400.85
$10,240.85
.. An amount sufficient to cover this has previously been levied.
'.
EHLERS
& ASSOCIATES INC
Reimbursement Expenditure is paid, or identifies a specific fund or account of the City and the
general functional purpose thereof from which the Reimbursement Expenditure was to be paid
(collectively the "Project"); and (iii) states the maximum principal amount of debt expected to be
issued by the City for the purpose of financing the Project; provided, however, that no such
Declaration shall necessarily have been made with respect to: (i) "preliminary expenditures" for
the Project, defined in the Reimbursement Regulations to include engineering or architectural,
surveying and soil testing expenses and similar prefatory costs, which in the aggregate do not
exceed 20% of the "issue price" of the Certificates, and (ii) a de minimis amount of
Reimbursement Expenditures not in excess of the lesser of $100,000 or 5% of the proceeds of
the Certificates.
(b) Each Reimbursement Expenditure is a capital expenditure or a cost of issuance of
the Certificates or any of the other types of expenditures described in Section 1.l50-2(d)(3) of
the Reimbursement Regulations.
ec) The "reimbursement allocation" described in the Reimbursement Regulations for
each Reimbursement Expenditure shall and will be made forthwith following (but not prior to)
the issuance of the Certificates and in all events within the period ending on the date which is the
later of three years after payment of the Reimbursement Expenditure or one year after the date on
which the Project to which the Reimbursement Expenditure relates is first placed in service..
(d) Each such reimbursement allocation will be made in a writing that evidences the
City's use of bond proceeds to reimburse the Reimbursement Expenditure and, if made within 30
days after the Certificates are issued, shall be treated as made on the day the Certificates are
issued.
Provided, however, that the City may take action contrary to any of the foregoing covenants in
this paragraph upon receipt of an opinion of its Bond Counsel for the Certificates stating in effect
that such action will not impair the tax-exempt status of the Certificates.
21. Continuing Disclosure. The City is the sole obligated person with respect to the
Certificates. The City hereby agrees, in accordance with the provisions of Rule 15c2-12 (the
"Rule"), promulgated by the Securities and Exchange Commission (the "Commission") pursuant
to the Securities Exchange Act of 1934, as amended, and a Continuing Disclosure Undertaking
(the "Undertaking") hereinafter described to:
(a) Provide or cause to be provided to each nationally recognized municipal securities
information repository ("NRMSIR") and to the appropriate state information depository ("SID"),
if any, for the State of Minnesota, in each case as designated by the Commission in accordance
with the Rule, certain annual financial information and operating data in accordance with the
Undertaking. The City reserves the right to modify from time to time the terms of the
Undertaking as provided therein.
(b) Provide or cause to be provided, in a timely manner, to (i) each NRMSIR or to the
Municipal Securities Rulemaking Board ("MSRB") and (ii) the SID, notice of the occurrence of
certain material events with respect to the Certificates in accordance with the Undertaking.
1988913vl
14
(c) Provide or cause to be provided, in a timely manner, to (i) each NRMSIR or to the
MSRB and (ii) the SID, notice of a failure by the City to provide the annual financial information
with respect to the City described in the Undertaking.
(d) The City agrees that its covenants pursuant to the Rule set forth in this paragraph
and in the Undertaking is intended to be for the benefit of the Holders of the Certificates and
shall be enforceable on behalf of such Holders; provided that the right to enforce the provisions
ofthese covenants shall be limited to a right to obtain specific enforcem~nt of the City's
obligations under the covenants.
The Mayor and Clerk ofthe City, or any other officer of the City authorized to act in their
place (the "Officers") are hereby authorized and directed to execute on behalf of the City the
Undertaking in substantially the form presented to the City Council subject to such modifications
thereof or additions thereto as are (i) consistent with the requirements under the Rule, (ii)
required by the Purchaser of the Certificates, and (iii) acceptable to the Officers.
22. General Obligation Pledge. For the prompt and full payment of the principal and
interest on the Certificates, as the same respectively become due, the full faith, credit and taxing
powers ofthe City shall be and are hereby irrevocably pledged. If the balance in the Debt
Service Account is ever insufficient to pay all principal and interest then due on the Certificates
and any other certificates payable therefrom, the deficiency shall be promptly paid out of any
other funds of the City which are available for such purpose, and such other funds may be
reimbursed with or without interest from the Debt Service Account when a sufficient balance is
available therein.
23. Certificate ofRecistration. A certified copy of this resolution is hereby directed
to be filed with the Director of Property Tax and Public Records of Anoka County, together with
such other information as the Director shall require and there shall be obtained from the Director
a certificate that the Certificates have been entered in the Bond Register and that the tax levy
required by law has been made.
24. Records and Certificates. The officers of the City are hereby authorized and
directed to prepare and furnish to the Purchaser, and to the attorneys approving the legality ofthe
issuance of the Certificates, certified copies of all proceedings and records of the City relating to
the Certificates and to the financial condition and affairs of the City, and such other affidavits,
certificates and information as are required to show the facts relating to the legality and
marketability ofthe Certificates as the same appear from the books and records under their
custody and control or as otherwise known to them, and all such certified copies, certificates and
affidavits, including any heretofore furnished, shall be deemed representations of the City as to
the facts recited therein.
25. Negative Covenant as to Use of Proceeds and Equipment. The City hereby
covenants not to use the proceeds of the Certificates or the equipment financed thereby, or to
cause or permit them to be used, or to enter into any deferred payment arrangements for the cost
of the equipment, in such a manner as to cause the Certificates to be "private activity bonds"
within the meaning of Sections 103 and 141 through 150 of the Code.
1988913vl
15
26. Tax-Exempt Status of the Certificates; Rebate: Elections. The City shall comply
with requirements necessary under the Code to establish and maintain the exclusion from gross
income under Section 103 of the Code of the interest on the Certificates, including without
limitation (i) requirements relating to temporary periods for investments, (ii) limitations on
amounts invested at a yield greater than the yield on the Certificates, and eiii) the rebate of excess
investment earnings to the United States. The City expects to satisfY the 18-month expenditure
exemption for gross proceeds of the Certificates as provided in Section 1.148-7(d)(1) ofthe
Regulations. The Mayor, the Administrator or either one of them, are hereby authorized and
directed to make such elections as to arbitrage and rebate matters relating to the Certificates as
they deem necessary, appropriate or desirable in connection with the Certificates, and all such
elections shall be, and shall be deemed and treated as, elections of the City.
27. Payment ofIssuance Expenses. The City authorizes the Purchaser to forward the
amount of Certificate proceeds allocable to the payment of issuance expenses to U. S. Trust
Company N.A., Greenwich, Connecticut on the closing date for further distribution as directed
by the City's financial advisor, Ehlers.
28. Severability. If any section, paragraph or provision of this resolution shall be held
to be invalid or unenforceable for any reason, the invalidity or unenforceability of such section,
paragraph or provision shall not affect any of the remaining provisions hereof.
29. Headings. Headings in this resolution are included for convenience of reference
only and are not a part hereof, and shall not limit or define the meaning of any provision hereof.
The motion for the adoption of the foregoing resolution was duly seconded by Member
Jacobson and, after a full discussion thereof and upon vote being taken thereon, the following
voted in favor thereof:
Mike Gamache, Don Jacobson, Mike Knight, Ken Orttel and Julie Trude
and the following voted against the same: none;
Whereupon the resolution was declared duly passed and adopted.
1988913vl
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BID TABULATION
$765,000* General Obligation Equipment Certificates, Series 2007 A
CITY OF ANDOVER, MINNESOTA
SALE: February 13, 2007
AWARD: CRONIN & COMPANY, INC.
RATING: Standard & Poor's Credit Markets "AA-"
NAME OF BIDDER
MATURITY
(February 1)
RATE
REOFFERING
YIELD
PRICE
NET
INTEREST
COST
BBI: 4.21 %
TRUE
INTEREST
RATE
CRONIN & COMPANY, INC.
Minneapolis, Minnesota
2008
2009
2010
2011
4.000%
4.000%
4.000%
4.000%
3.600%
3.620%
3.640%
3.680%
$768,400.40 $70,629.60 3.8055%
BERNARDI SECURITIES, INC.
Chicago, Illinois
2008
2009
2010
2011
3.700%
3.700%
3.750%
3.800%
$760,302.78 $74,232.76 4.0294%
'Subsequentto bid opening the issue size was decreased to $760,000 with the 2008 maturity decreased $5,000 to $180,000 in maturity value.
Adjusted Price - $763,400.85
Adjusted Net Interest Cost - $70,452.48
Adjusted TIC - 3.8050%
.
EHLERS
3060 Centre Pointe Drive, Roseville, MN 55113
651.697.8500 fax 651.697.8555 www.ehlers-inc.com
Offices in Roseville, MN Brookfieid, WI and Lisle, IL
& ASSOCIATES INC
STATE OF MINNESOTA
COUNTY OF ANOKA
CITY OF ANDOVER
I, the undersigned, being the duly qualified and acting Clerk of the City of Andover,
Minnesota, DO HEREBY CERTIFY that I have compared the attached and foregoing extract of
minutes with the original thereof on file in my office, and that the same is a full, true and
complete transcript of the minutes of a meeting of the City Council, duly called and held on the
date therein indicated, insofar as the minutes relate to providing for the issuance and the sale of
$760,000 General Obligation Equipment Certificates, Series 2007 A.
WITNESS my hand on February ZO ,2007.
flL~!)&
Clerk
EXTRACT OF MlNUTES OF A MEETING OF THE
CITY COUNCIL OF THE
CITY OF ANDOVER, MWNESOTA
HELD: April 18, 2006
Pursuant to due call and notice thereof, a regular or special meeting of the City Council
of the City of Andover, Anoka County, Minnesota, was duly called and held at the City Hall on
April 18, 2006, at 7 :00 P.M., for the purpose of considering proposals and awarding the
competitive negotiated sale of $2,450,000 General Obligation Permanent Improvement
Revolving Fund Bonds, Series 2006A.
The following members were present:
Jacobson, Knight, Gamache, Orttel, Trude
and the following were absent:
None
Member Jacobson introduced the following resolution and moved its adoption:
RESOLUTION R057-06
RESOLUTION ACCEPTING PROPOSAL ON SALE OF
$2,450,000 GENERAL OBLIGATION PERMANENT
IMPROVEMENT REVOLVING FUND BONDS, SERIES 2006A,
PROVIDING FOR THEIR ISSUANCE, AND PLEDGING FOR
THE SECURITY THEREOF SPECIAL ASSESSMENTS
A. \VHEREAS, various public improvement projects (the "Improvements") have
been duly ordered by the City of Andover, Minnesota (the "City") and have been constructed by
the City or will be constructed under contracts which the City has or will let therefor, all pursuant
to and in accordance with the applicable provisions of Minnesota Statutes, Chapter 429; and
B. \VHEREAS, the City has heretofore determined and declared that it is necessary
and expedient to issue $2,450,000 General Obligation Permanent Improvement Revolving Fund
Bonds, Series 2006A (the "Bonds"), pursuant to Minnesota Statutes, Chapters 429 and 475, to
finance the Improvements; and
C. \VHEREAS, the City has retained Ehlers and Associates, Inc., in Roseville,
Minnesota e"Ehlersff) as its independent financial advisor for the Bonds and therefore proposals
to purchase the Bonds have been solicited by Ehlers in accordance with Minnesota Statutes,
Section 475.60, Subdivision 2(9); and
D. \VHEREAS, proposals set forth on Exhibit A attached hereto were received
pursuant to the Terms of Proposal at the offices of Ehlers, in the presence of the City Clerk, or
designee, at 12:00 Noon, Central Time, this same day; and
E. \VHEREAS, it is in the best interests of the City that the Bonds be issued in book-
entry form as hereinafter provided;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover,
Minnesota, as follows:
1 893477vl
1. Acceptance of Proposal. The proposal of
(the "Purchaser"), to purchase the Bonds in accordance with the Terms of Offering, at the rates
of interest hereinafter set forth, and to pay therefor the sum of $ , plus interest
accrued to settlement, is hereby found, determined and declared to be the most favorable
proposal received and is hereby accepted and the Bonds are hereby awarded to the Purchaser.
The Clerk is directed to retain the deposit of the Purchaser and to return to the unsuccessful
bidders any good faith checks or drafts.
2. Bond Terms.
ea) Title: Original Issue Date: Denominations: Maturities: Term Bond Option. The
Bonds shall be titled "General Obligation Permanent Improvement Revolving Fund Bonds,
Series 2006A", shall be dated May 10,2006, as the date of original issue and shall be issued
forthwith on or after such date in fully registered form. The Bonds shall be numbered from R-1
upward in the denomination. of $5,000 each or in any integral multiple thereof of a single
maturity (the "Authorized Denominations"). The Bonds shall mature on February 1 in the years
and amounts as follows:
Year Amount. Year Amount
2008 $310,000 2012 $360,000
2009 325,000 2013 380,000
2010 335,000 2014 395,000
2011 345,000
As may be requested by the Purchaser, one or more term Bonds may be issued having
mandatory sinking fund redemption and final maturity amounts conforming to the foregoing
principal repayment schedule, and corresponding additions may be made to the provisions of the
applicable Bond( s).
(b) Book Entry Onlv Svstem. The Depository Trust Company, a limited purpose
trust company organized under the laws of the State of New York or any of its successors or its
successors to its. functions hereunder (the "Depository") will act as securities depository for the
Bonds, and to this end:
ei) The Bonds shall be initially issued and, so long as they remain in book
entry form only (the "Book Entry Only Period"), shall at all times be in the form of a
separate single fully registered Bond for each maturity of the Bonds; and for purposes of
complying with this requirement under paragraphs 5 and 10 Authorized Denominations
for any Bond shall be deemed to be limited during the Book Entry Only Period to the
outstanding principal amount of that Bond.
eii) Upon initial issuance, ownership of the Bonds shall be registered in a bond
register maintained by the Bond Registrar eas hereinafter defined) in the name of CEDE
& CO., as the nominee (it or any nominee of the existing or a successor Depository, the
"Nominee").
1893477vl
2
eiii) With respect to the Bonds neither the City nor the Bond Registrar shall
have any responsibility or obligation to any broker, dealer, bank, or any other financial
institution for which the Depository holds Bonds as securities depository ethe
"Participant") or the person for which a Participant holds an interest in the Bonds shown
on the books and records of the Participant (the "Beneficial Owner"). Without limiting
the immediately preceding sentence, neither the City, nor the Bond Registrar, shall have
any such responsibility or obligation with respect to (A) the accuracy of the records of the
Depository, the Nominee or any Participant with respect to any ownership interest in the
Bonds, or eB) the delivery to any Participant, any Owner or any other person, other than
the Depository, of any notice with respect to the Bonds, including any notice of
redemption, or (C) the payment to any Participant, any Beneficial Owner or any other
person, other than the Depository, of any amount with respect to the principal of or
premium, if any, or interest on the Bonds, or (D) the consent given or other action taken
by the Depository as the Registered Holder of any Bonds (the "Holder"). For purposes of
securing the vote or consent of any Holder under this Resolution, the City may, however,
rely upon an omnibus proxy under which the Depository assigns its consenting or voting
rights to certain Participants to whose accounts the Bonds are credited on the record date
identified in a listing attached to the omnibus proxy.
eiv) The City and the Bond Registrar may treat as and deem the Depository to
be the absolute owner of the Bonds for the purpose of payment of the principal of and
premium, if any, and interest on the Bonds, for the purpose of giving notices of
redemption and other matters with respect to the Bonds, for the purpose of obtaining any
consent or other action to be taken by Holders for the purpose of registering transfers
with respect to such Bonds, and for all purpose whatsoever. The Bond Registrar, as
paying agent hereunder, shall pay all principal of and premium, if any, and interest on the
Bonds only to the Holder or the Holders of the Bonds as shown on the bond register, and
all such payments shall be valid and effective to fully satisfy and discharge the City's
obligations with respect to the principal of and premium, if any, and interest on the Bonds
to the extent of the sum or sums so paid.
ev) Upon delivery by the Depository to the Bond Registrar of written notice to
the effect that the Depository has determined to substitute a new Nominee in place of the
existing Nominee, and subject to the transfer provisions in paragraph 10, references to the
Nominee hereunder shall refer to such new Nominee.
evi) So long as any Bond is registered in the name of a Nominee, all payments
with respect to the principal of and premium, if any, and interest on such Bond and all
notices with respect to such Bond shall be made and given, respectively, by the Bond
Registrar or City, as the case may be, to the Depository as provided in the Letter of
Representations to the Depository required by the Depository as a condition to its acting
as book-entry Depository for the Bonds (said Letter of Representations, together with any
replacement thereof or amendment or substitute thereto, including any standard
procedures or policies referenced therein or applicable thereto respecting the procedures
and other matters relating to the Depository's role as book-entry Depository for the
Bonds, collectively hereinafter referred to as the "Letter of Representations").
1 893477vl
3
(vii) All transfers of beneficial ownership interests in each Bond issued in
book-entry form shall be limited in principal amount to Authorized Denominations and
shall be effected by procedures by the Depository with the Participants for recording and
transferring the ownership of beneficial interests in such Bonds.
(viii) In connection with any notice or other communication to be provided to
the Holders pursuant to this Resolution by the City or Bond Registrar with respect to any
consent or other action to be taken by Holders, the Depository shall consider the date of
receipt of notice requesting such consent or other action as the record date for such
consent or other action; provided, that the City or the Bond Registrar may establish a
special record date for such consent or other action. The City or the Bond Registrar shall,
to the extent possible, give the Depository notice of such special record date not less than
15 calendar days in advance of such special record date to the extent possible.
(ix) Any successor Bond Registrar in its written acceptance of its duties under
this Resolution and any paying agencylbond registrar agreement, shall agree to take any
actions necessary from time to time to comply with the requirements of the Letter of
Representations.
(x) In the case of a partial prepayment of a Bond, the Holder may, in lieu of
surrendering the Bonds for a Bond of a lesser denomination as provided in paragraph 5
hereof, make a notation of the reduction in principal amount on the panel provided on the
Bond stating the amount so redeemed.
(c) Termination of Book-Entrv Onlv Svstem. Discontinuance of a particular
Depository's services and termination of the book-entry only system may be effected as follows:
ei) The Depository may determine to discontinue providing its services with
respect to the Bonds at any time by giving written notice to the City and discharging its
responsibilities with respect thereto under applicable law. The City may terminate the
services of the Depository with respect to the Bond if it determines that the Depository is
no longer able to carry out its functions as securities depository or the continuation of the
system of book-entry transfers through the Depository is not in the best interests of the
City or the Beneficial Owners.
eii) Upon termination of the services of the Depository as provided in the
preceding paragraph, and if no substitute securities depository is willing to undertake the
functions of the Depository hereunder can be found which, in the opinion of the City, is
willing and able to assume such functions upon reasonable or customary terms, or if the
City determines that it is in the best interests of the City or the Beneficial Owners of the
Bond that the Beneficial Owners be able to obtain certificates for the Bonds, the Bonds
shall no longer be registered as being registered in the bond register in the name of the
Nominee, but may be registered in whatever name or names the Holder of the Bonds
shall designate at that time, in accordance with paragraph 10 hereof. To the extent that
the Beneficial Owners are designated as the transferee by the Holders, in accordance with
paragraph 10, the Bonds will be delivered to the Beneficial Owners.
1893477vl
4
(ill) Nothing in this subparagraph (c) shall limit or restrict the provisions of
paragraph 10.
e d) Letter of Representations. The provisions in the Letter of Representation are .
incorporated herein by reference and made a part of the resolution, and if and to the extent any
such provisions are inconsistent with the other provisions of this resolution, the provisions in the
Letter of Representation shall control.
3. Purpose. The Bonds shall provide funds to finance the Improvements. The total
cost of the Improvements, which shall include all costs enumerated in Minnesota Statutes,
Section 475.65, is estimated to be at least equal to the amount of the Bonds. Work on the
Improvements shall proceed with due diligence to completion. The City covenants that it shall
do all things and perform all acts required of it to assure that work on the Improvements
proceeds with due diligence to completion and that any and all permits and studies required
under law for the Improvements are obtained.
4. Interest. The Bonds shall bear interest payable semiannually on February 1 and
August 1 of each year (each, an "Interest Payment Daten), commencing February 1,2007,
calculated on the basis of a 360-day year of twelve 30-day months, at the respective rates per
annum set forth opposite the maturity years as follows:
Maturity Year Interest Rate Maturity Year Interest Rate
2008
2009
2010
2011
2012
2013
2014
5. Redemption. All Bonds maturing on February 1, 2011, and thereafter shall be
subject to redemption and prepayment at the option of the City on February 1,2010, and on any
date thereafter at a price of par plus accrued interest. Redemption may be in whole or in part of
the Bonds subject to prepayment. If redemption is in part, the maturities and the principal
amounts within each maturity to be redeemed shall be determined by the City; and if only part of
the Bonds having a common maturity date are called for prepayment, the specific Bonds to be
prepaid shall be chosen by lot by the Bond Registrar. Bonds or portions thereof called for
redemption shall be due and payable on the redemption date, and interest thereon shall cease to
accrue from and after the redemption date. Mailed notice of redemption shall be given to the
paying agent and to each affected registered holder of the Bonds.
To effect a partial redemption of Bonds having a common maturity date, the Bond
Registrar prior to giving notice of redemption shall assign to each Bond having a common
maturity date a distinctive number for each $5,000 of the principal amount of such Bond. The
Bond Registrar shall then select by lot, using such method of selection as it shall deem proper in
its discretion, from the numbers so assigned to such Bonds, as many numbers as, at $5,000 for
each number, shall equal the principal amount of such Bonds to be redeemed. The Bonds to be
redeemed shall be the Bonds to which were assigned numbers so selected; provided, however,
that only so much of the principal amount of each such Bond of a denomination of more than
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$5,000 shall be redeemed as shall equal $5,000 for each number assigned to it and so selected. If
a Bond is to be redeemed only in part, it shall be surrendered to the Bond Registrar (with, if the
City or Bond RegistraT so requires, a written instrument of transfer in form satisfactory to the
City and Bond Registrar duly executed by the holder thereof or the Holder's attorney duly
authorized in writing) and the Cityshall execute eifnecessary) and the Bond Registrar shall
authenticate and deliver to the Holder of such Bond, without service charge, a new Bond or
Bonds of the same series having the same stated maturity and interest rate and of any Authorized
Denomination or Denominations, as requested by such Holder, in aggregate principal amount
equal to and in exchange for the unredeemed portion of the principal of the Bond so surrendered.
6. Bond Recistrar. U.S. Bank National Association, in St. Paul, Minnesota, is
appointed to act as bond registrar and transfer agent with respect to the Bonds (the "Bond
Registrar"), and shall do so unless and until a successor Bond Registrar is duly appointed, all
pursuant to any contract the City and Bond Registrar shall execute which is consistent herewith:.
The Bond Registrar shall also serve as paying agent unless and until a successor paying agent is
duly appointed. Principal and interest on the Bonds shall be paid to the registered Holders (or
record holders) of the Bonds in the manner set forth in the form of Bond and paragraph 12.
7. Form of Bond. The Bonds, together with the Bond Registrar's Certificate of
Authentication, the form of Assignment and the registration information thereon, shall be in
substantially the following form:
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6
UNITED STATES OF AMERICA
STATE OF MINNESOTA
ANOKA COUNTY
CITY OF ANDOVER
R-
$
GENERAL OBLIGATION PERMANENT IMPROVEMENT
REVOLVING FUND BOND, SERIES 2006A
Interest Rate
Maturity Date
Date of Orimal Issue
CUSIP
February 1,
May 10,2006
REGISTERED OWNER:
PRlNCIP AL AMOUNT:
CEDE & CO.
DOLLARS
THE CITY OF ANDOVER, ANOKA COUNTY, MrnNESOTA (the "Issuer"), certifies
that it is indebted and for value received promises to pay to the registered owner specified above,
or registered assigns, in the manner hereinafter set forth, the principal amount specified above,
on the maturity date specified above, unless called for earlier redemption, and to pay interest
thereon semiannually on February 1 and August 1 of each year (each, an "Interest Payment
Date"), commencing February 1,2007, at the rate per annum specified above ecalculated on the
basis of a 360-day year of twelve 30-day months) until the principal sum is paid or has been
provided for. This Bond will bear interest from the most recent Interest Payment Date to which
interest has been paid or, if no interest has been paid, from the date of original issue hereof. The
principal of and premium, if any, on this Bond are payable upon presentation and surrender
hereof at the principal office of U.S. Bank National Association, in St. Paul, Minnesota (the
"Bond Registrar"), acting as paying agent, or any successor paying agent duly appointed by the
Issuer. Interest on this Bond will be paid on each Interest Payment Date by check or draft mailed
to the person in whose name this Bond is registered (the "Holder" or "Bondholder") on the
registration books of the Issuer maintained by the Bond Registrar and at the address appearing
thereon at the close of business on the fifteenth day of the calendar month next preceding such
Interest Payment Date (the "Regular Record Date"). Any interest not so timely paid shall cease
to be payable to the person who is the Holder hereof as of the Regular Record Date, and shall be
payable to the person who is the Holder hereof at the close of business on a date (the "Special
Record Date") fixed by the Bond Registrar whenever money becomes available for payment of
the defaulted interest. Notice of the Special Record Date shall be given to Bondholders not less
than ten days prior to the Special Record Date. The principal of and premium, if any, and
interest on this Bond are payable in lawful money of the United States of America. So long as
this Bond is registered in the name of the Depository or its Nominee as provided in the
Resolution hereinafter described, and as those terms are defined therein, payment of principal of,
premium, if any, and interest on this Bond and notice with respect thereto shall be made as
provided in the Letter of Representations, as defined in the Resolution, and surrender of this
Bond shall not be required for payment of the redemption price upon a partial redemption of this
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Bond. Until termination of the book-entry only system pursuant to the Resolution, Bonds may
only be registered in the name of the Depository or its Nominee.
Redemption. All Bonds of this issue (the "Bonds") maturing on February 1, 2011, and
thereafter are subject to redemption and prepayment at the option of the Issuer on February 1,
2010 and on any date thereafter at a price of par plus accrued interest. Redemption may be in
whole or in part of the Bonds subject to prepayment. If redemption is in part, the maturities and
the principal amounts within each maturity to be redeemed shall be determined by the Issuer; and
if only part of the Bonds having a common maturity date are called for prepayment, the specific
Bonds to be prepaid shall be chosen by lot by the Bond Registrar. Bonds or portions thereof
called for redemption shall be due and payable on the redemption date, and interest thereon shall
cease to accrue from and after the redemption date. Mailed notice of redemption shall be given
to the paying agent and to each affected Holder of the Bonds.
Selection of Bonds for Redemption: Partial Redemption. To effect a partial redemption
of Bonds having a common maturity date, the Bond Registrar shall assign to each Bond having a
common maturity date a distinctive number for each $5,000 of the principal amount of such
Bond. The Bond Registrar shall then select by lot, using such method of selection as it shall
deem proper in its discretion, from the numbers assigned to the Bonds, as many numbers as, at
$5,000 for each number, shall equal the principal amount of such Bonds to be redeemed. The
Bonds to be redeemed shall be the Bonds to which were assigned numbers so selected; provided,
however, that only so much of the principal amount of such Bond of a denomination of more
than $5,000 shall be redeemed as shall equal $5,000 for each number assigned to it and so
selected. If a Bond is to be redeemed only in part, it shall be surrendered to the Bond Registrar
(with, if the Issuer or Bond Registrar so requires, a written instrument of transfer in form
satisfactory to the Issuer and Bond Registrar duly executed by the Holder thereof or the Holder's
attorney duly authorized in writing) and the Issuer shall execute eif necessary) and the Bond
Registrar shall authenticate and deliver to the Holder of such Bond, without service charge, a
new Bond or Bonds of the same series having the same stated maturity and interest rate and of
any Authorized Denomination or Denominations, as requested by such Holder, in aggregate
principal amount equal to and in exchange for the unredeemed portion of the principal of the
Bond so surrendered.
Issuance: Purpose: General ObIi!!ation. This Bond is one of an issue in the total principal
amount of $2,450,000, all oflike date of original issue and tenor, except as to number, maturity,
interest rate, denomination and redemption privilege, issued pursuant to and in full conformity
with the Constitution and laws of the State of Minnesota and a resolution adopted by the City
Council on April 18, 2006 (the "Resolution"), for the purpose of providing money to finance
various public improvements within the Issuer. This Bond is payable out of the Permanent
Improvement Revolving Sinking Fund of the Issuer. This Bond constitutes a general obligation
of the Issuer, and to provide moneys for the prompt and full payment of its principal, premium, if
any, and interest when the same become due, the full faith and credit and taxing powers of the
Issuer have been and are hereby irrevocably pledged.
Denominations: Exchan!!e: Resolution. The Bonds are issuable solely in fully registered
form in Authorized Denominations (as defined in the Resolution) and are exchangeable for fully
registered Bonds of other Authorized Denominations in equal aggregate principal amounts at the
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principal office of the Bond Registrar, but only in the manner and subject to the limitations
provided in the Resolution. Reference is hereby made to the Resolution for a description of the
rights and duties of the Bond Registrar. Copies of the Resolution are on file in the principal
office of the Bond Registrar.
Transfer. This Bond is transferable by the Holder in person or by the Holder's attorney
duly authorized in writing at the principal office of the Bond Registrar upon presentation and
surrender hereofto the Bond Registrar, all subject to the terms and conditions provided in the
Resolution and to reasonable regulations of the Issuer contained in any agreement with the Bond
Registrar. Thereupon the Issuer shall execute and the Bond Registrar shall authenticate and
deliver, in exchange for this Bond, one or more new fully registered Bonds in the name of the
transferee (but not registered in blank or to "bearer" or similar designation), of an Authorized
Denomination or Denominations, in aggregate principal amount equal to the principal amount of
this Bond, of the same maturity and bearing interest at the same rate.
Fees upon Transfer or Loss. The Bond Registrar may require payment of a sum
sufficient to cover any tax or other governmental charge payable in connection with the transfer
or exchange of this Bond and any legal or unusual costs regarding transfers and lost Bonds.
Treatment of Recistered Owners. The Issuer and Bond Registrar may treat the person in
whose name this Bond is registered as the owner hereof for the purpose of receiving payment as
herein provided (except as otherwise provided herein with respect to the Record Date) and for all
other purposes, whether or not this Bond shall be overdue, and neither the Issuer nor the Bond
Registrar shall be affected by notice to the contrary.
Authentication. This Bond shall not be valid or become obligatory for any purpose or be
entitled to any security unless the Certificate of Authentication hereon shall have been executed
by the Bond Registrar.
Oualified Tax-Bxempt Obligation. This Bond has been designated by the Issuer as a
"qualified tax-exempt obligation" for purposes of Section 265(b)(3) of the Internal Revenue
Code of 1986, as amended.
IT IS HEREBY CERTIFIED AND RECITED that all acts, conditions and things
required by the Constitution and laws of the State of Minnesota to be done, to happen and to be
performed, precedent to and in the issuance of this Bond, have been done, have happened and
have been performed, in regular and due form, time and manner as required by law, and that this
Bond, together with all other debts of the Issuer outstanding on the date of original issue hereof
and the date of its issuance and delivery to the original purchaser, does not exceed any
constitutional or statutory limitation of indebtedness.
IN WITNESS WHEREOF, the City of Andover, Anoka County, Minnesota, by its City
Council has caused this Bond to be executed on its behalf by the facsimile signatures of its
Mayor and its Clerk., the corporate seal of the Issuer having been intentionally omitted as
permitted by law.
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Date of Registration:
BOND REGISTRAR'S
CERTIFICATE OF
AUTHENTICATION
This Bond is one of the
Bonds described in the
Resolution mentioned
Within.
U.S. BANK NATIONAL
ASSOCIATION
St. Paul, Minnesota
Bond Registrar
By:
Authorized Signature
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Registrable by:
Payable at:
U.S. BANK NATIONAL
ASSOCIATION
U.S. BANK NATIONAL
ASSOCIATION
CITY OF ANDOVER,
ANOKA COUNTY, MlNNESOTA
Isl Facsimile
Mayor
Isl Facsimile
Clerk
10
ABBREVIATIONS
The following abbreviations, when used in the inscription on the face of this Bond, shall
be construed as though they were written out in full according to applicable laws or regulations:
TEN COM - as tenarlts in common
TEN ENT - as tenants by the entireties
IT TEN - as joint tenants with right of survivorship and not as tenants in common
UTMA - as custodian for
(Cust)
under the
(Minor)
Uniform Transfers to Minors Act
(State)
Additional abbreviations may also be used though not in the above list.
ASSIGNMENT
For value received, the undersigned hereby sells, assigns and transfers unto
the within Bond and does hereby
irrevocably constitute and appoint attorney to transfer the Bond on the
books kept for the registration thereof, with full power of substitution in the premises.
Dated:
Notice: The assignor's signature to this assignment must
correspond with the name as it appears upon the face of the
within Bond in every particular, without alteration or any
change whatever.
Signature Guaranteed:
Signature(s) must be guaranteed by a national bank or trust company or by a brokerage firm
having a membership in one of the major stock exchanges or any other "Eligible Guarantor
Institution" as defined in 17 CFR 240.17 Ad-15(a)e2).
The Bond Registrar will not effect transfer of this Bond unless the information
concerning the trarlsferee requested below is provided.
Name and Address:
(Include information for all joint owners if the Bond is held by joint account.)
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PREP A YMENT SCHEDULE
This Bond has been prepaid in part on the date(s) and in the amount(s) as follows:
DATE
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AMOUNT
12
AUTIIORlZED
SIGNATURE
OF HOLDER
8. Execution: Temporarv Bonds. The Bonds shall be printed eor, at the request of
the Purchaser, typewritten) and shall be executed on behalf of the City by the signatures of its
Mayor and Clerk and be sealed with the seal of the City; provided, however, that the seal of the
City may be a printed (or, at the request of the Purchaser, photocopied) facsimile; and provided
further that both of such signatures may be printed (or, at the request of the Purchaser,
photocopied) facsimiles and the corporate seal may be omitted on the Bonds as permitted by law.
In the event of disability or resignation or other absence of either such officer, the Bonds may be
signed by the manual or facsimile signature of that officer who may act on behalf of such absent
or disabled officer. In case either such officer whose signature or facsimile of whose signature
shall appear on the Bonds shall cease to be such officer before the delivery of the Bonds, such
signature or facsimile shall nevertheless be valid and sufficient for all purposes, the same as ifhe
or she had remained in office until delivery. The City may elect to deliver, in lieu of printed
definitive bonds, one or more typewritten temporary bonds in substantially the form set forth
above, with such changes as may be necessary to .reflect more than one maturity in Ii single
temporary bond. Such temporary bonds may be executed with photocopied facsimile signatures
of the Mayor and Clerk. Such temporary bonds shall, upon the printing of the definitive bonds
andthe execution thereof, be exchanged therefor and canceled.
9. Authentication. No Bond shall be valid or obligatory for any purpose or be
entitled to any security or benefit under this resolution unless a Certificate of Authentication on
such Bond, substantially in the form hereinabove set forth, shall have been duly executed by an
authorized representative of the Bond Registrar. Certificates of Authentication on different
Bonds need not be signed by the same person. The Bond Registrar shall authenticate the
signatures of officers of the City on each Bond by execution of the Certificate of Authentication
on the Bond and by inserting as the date of registration in the space provided the date on which
the Bond is authenticated, except that for purposes of delivering the original Bonds to the
Purchaser, the Bond Registrar shall insert as a date of registration the date of original issue,
which date is May 10, 2006. The Certificate of Authentication so executed on each Bond shall
be conclusive evidence that it has been authenticated and delivered under this resolution.
10. Recistration: Transfer: Exchan!!e. The City will cause to be kept at the principal
office of the Bond Registrar a bond register in which, subject to such reasonable regulations as
the Bond Registrar may prescribe, the Bond Registrar shall provide for the registration of Bonds
and the registration of transfers of Bonds entitled to be registered or transferred as herein
provided.
Upon surrender for transfer of any Bond at the principal office of the Bond Registrar, the
City shall execute (if necessary), and the Bond Registrar shall authenticate, insert the date of
registration (as provided in paragraph 9) of, and deliver, in the name of the designated transferee
or transferees, one or more new Bonds of any Authorized Denomination or Denominations of a
like aggregate principal amount, having the same stated maturity and interest rate, as requested
by the transferor; provided, however, that no Bond may be registered in blank or in the name of
"bearer" or similar designation.
At the option of the Holder, Bonds may be exchanged for Bonds of any Authorized
Denomination or Denominations of a like aggregate principal amount and stated maturity, upon
surrender of the Bonds to be exchanged at the principal office of the Bond Registrar. Whenever
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any Bonds are so surrendered for exchange, the City shall execute (if necessary), and the Bond
Registrar shall authenticate, insert the date of registration of, and deliver the Bonds which the
Holder making the exchange is entitled to receive.
All Bonds surrendered upon any exchange or transfer provided for in this resolution shall
be promptly canceled by the Bond Registrar and thereafter disposed of as directed by the City.
All Bonds delivered in exchange for or upon transfer of Bonds shall be valid general
obligations of the City evidencing the same debt, and entitled to the same benefits under this
resolution, as the Bonds surrendered for such exchange or transfer.
Every Bond presented or surrendered for trarlsfer or exchange shall be duly endorsed or
be accompanied by a written instrument of transfer, in form satisfactory to the Bond Registrar,
duly executed by the Holder thereof or the Holder's attorney duly authorized in writing.
The Bond Registrar may require payment of a sum sufficient to cover any tax or other
. governmental charge payable in connection with the transfer or exchange of any Bond and any
legal or unusual costs regarding transfers and lost Bonds.
Transfers shall also be subject to reasonable regulations of the City contained in any
agreement with the Bond Registrar, including regulations which permit the Bond Registrar to
close its transfer books between record dates and payment dates. The Clerk is hereby authorized
to negotiate and execute the terms of said agreement.
11. Ridts Upon Transfer or Exchange. Each Bond delivered upon transfer of or in
exchange for or in lieu of any other Bond shall carry all the rights to interest accrued and unpaid,
and to accrue, which were carried by such other Bond.
12. Interest Pavment; Record Date. Interest on any Bond shall be paid on each
Interest Payment Date by check or draft mailed to the person in whose name the Bond is
registered (the "Holder") on the registration books of the City maintained by the Bond Registrar
and at the address appearing thereon at the close of business on the fifteenth day of the calendar
month next preceding such Interest Payment Date (the "Regular Record Date"). Any such
interest not so timely paid shall cease to be payable to the person who is the Holder thereof as of
the Regular Record Date, and shall be payable to the person who is the Holder thereof at the
close of business on a date (the "Special Record Date") fixed by the Bond Registrar whenever
money becomes available for payment of the defaulted interest. Notice of the Special Record
Date shall be given by the Bond Registrar to the Holders not less than ten days prior to the
Special Record Date.
13. Treatment ofRecistered Owner. The City and Bond Registrar may treat the
person in whose name any Bond is registered as the owner of such Bond for the purpose of
receiving payment of principal of and premium, if any, and interest (subj ect to the payment
provisions in paragraph 12) on, such Bond and for all other purposes whatsoever whether or not
such Bond shall be overdue, and neither the City nor the Bond Registrar shall be affected by
notice to the contrary.
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14. Delivery: Application of Proceeds. The Bonds when so prepared and executed
shall be delivered by the Finance Director to the Purchaser upon receipt of the purchase price,
and the Purchaser shall not be obliged to see to the proper application thereof.
15. Fund and Account. The City Council has heretofore created a Permanent
Improvement Revolving Fund pursuant to Minnesota Statutes, Section 429.091. Within the
Permanent Improvement Revolving Fund there is hereby created a special account to be
designated the "Series 2006A Debt Service Account," to be administered and maintained by the
Finance Director as bookkeeping accounts separate and apart from all other funds maintained in
the official financial records of the City. The Permanent Improvement Revolving Fund shall be
maintained in the manner as herein specified until all of the Bonds and any other obligations
made payable from the Permanent Improvement Revolving Fund (the "Additional Bonds") and
the interest thereon and all improvements to be paid from the Permanent Improvement
Revolving Fund have been fully paid. The Revolving Fund is intended for the payment, in
whole orin part, of the costs (1) of "improvements" e as defined in Minnesota Statutes, Chapter
429) designated by the City for funding therefrom for which at least 20% of the costs thereof are
to be assessed against benefitted properties; (2) of water works, sewer system, or storm sewer
system improvements described in Minnesota Statutes, Section 444.075; andlor (3) of such other
improvements as may be permitted in accordance with the terms of the Subdivision (collectively,
the "Revolving Fund Improvements").
(a) Permanent Improvement Revolving Fund. To the Permanent Improvement
Revolving Fund there shall be credited the proceeds of the sale of the Bonds, less accrued
interest received thereon, and less any amount paid for the Bonds in excess of the minimum bid,
plus any special assessments levied with respect to the Improvements and special assessments
levied with respect to any Additional Improvements (as hereinafter defined). Prom the
Permanent Improvement Revolving Fund there shall be paid all costs and expenses of making
the Improvements listed in paragraph 16, and such other improvements for which special
assessments may be levied as the City Council may designate (the "Additional Improvements"),
including the cost of any construction contracts heretofore let and all other costs incurred and to
be incurred of the kind authorized in Minnesota Statutes, Section 475.65; and the moneys in said
account shall be used for no other purpose except as otherwise provided by law; provided that
the proceeds of the Bonds may also be used to the extent necessary to pay interest on the Bonds
due prior to the anticipated date of commencement of the collection of special assessments
herein levied or covenanted to be levied; and provided further that if upon completion of the
Improvements or any Additional Improvements there shall remain any unexpended balance in
the Permanent Improvement Revolving Fund, the balance may be transferred by the Council to
the fund of any other improvement instituted pursuant to Minnesota Statutes, Chapter 429, and
provided further that any special assessments credited to the Permanent Improvement Revolving
Fund shall only be applied towards payment of the costs of the Improvements or Additional
Improvements upon the determination by the Finance Director that the application of the special
assessments for such purpose will not cause the City to no longer be in compliance with
Minnesota Statutes, Section 475.61, Subdivision 1. The City reserves the right granted by
Minnesota Statutes, Section 429.091, Subdivision 7 A to establish a separate construction account
within the Permanent Improvement Revolving Fund into which the City may deposit the
proceeds of the Bonds or the proceeds of Additional Bonds.
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15
(b) Series 2006A Debt Service Account. There are hereby irrevocably appropriated
and pledged to, and there shall be credited to, the Series 2006A Debt Service Account: ei)
special assessments initially credited to the Permanent Improvement Revolving Fund and not
already spent as permitted above and required to pay any principal and interest due on the Bonds;
eii) all accrued interest received upon delivery of the Bonds; eiii) all funds paid for the Bonds in
excess of the minimum bid; eiv) any collections of all taxes which may hereafter be levied in the
event that the special assessments and other revenues herein pledged to the payment of the
principal and interest on the Bonds are insufficient therefore; (v) all funds remaining in the
Permanent Improvement Revolving Fund after completion of all Improvements and Additional
Improvements and payinent of the costs thereof; (vi) all investment earnings on funds held in the
Series 2006A Debt Service Account; and (vii) any and all other moneys which are properly
available and are appropriated by the governing body of the City to the Series 2006A Debt
Service Account. The Series 2006A Debt Service Account shall be used solely to pay the
principal and interest and any premiums for redemption of the Bonds..
No portion of the proceeds of the Bonds shall be used directly or indirectly to acquire
higher yielding investments or to replace funds which were used directly or indirectly to acquire
higher yielding investments, except (1) for a reasonable temporary period until such proceeds are
needed for the purpose for which the Bonds were issued and (2) in addition to the above in an
amount not greater than the lesser of five percent of the proceeds of the Bonds or $100,000. To
this effect, any proceeds of the Bonds and any sums from time to time held in the Permanent
Improvement Revolving Fund or Series 2006A Debt Service Account e or any other City account
which will be used to pay principal or interest to become due on the bonds payable therefrom) in
excess of amounts which under then applicable federal arbitrage regulations may be invested
without regard to yield shall not be invested at a yield in excess of the applicable yield
restrictions imposed by said arbitrage regulations on such investments after taking into account
any applicable "temporary periods" or "minor portion" made available under the federal arbitrage
regulations. Money iD. the Fund shall not be mvested in obligations or deposits issued by,
guaranteed by or insured by the United States or any agency or instrumentality thereof if and to
the extent that such investment would cause the Bonds to be "federally guaranteed" within the
meaning of Section 149(b) of the Internal Revenue Code of1986, as amended (the "Code").
16. Assessments. It is hereby determined that no less than twenty percent of the cost
to the City of each Improvement financed hereunder within the meaning of Minnesota Statutes,
Section 475.58, Subdivision 1(3), shall be paid by special assessments to be levied against every
assessable lot, piece and parcel.ofland benefited by any of the Improvements. The City hereby
covenants and agrees that it will let all construction contracts not heretofore let within one year
after ordering each Improvement financed hereunder unless the resolution ordering the
Improvement specifies a different time limit for the letting of construction contracts. The City
hereby further covenants and agrees that it will do and perform as soon as they may be done all
acts and things necessary for the final and valid levy of such special assessments, and in the
event that any such assessment be at any time held invalid with respect to any lot, piece or parcel
of land due to any error, defect, or irregularity in any action or proceedings taken or to be taken
by the City or the City Councilor any of the City officers or employees, either in the making of
the assessments or in the performance of any condition precedent thereto, the City and the City
Council will forthwith do all further acts and take all further proceedings as may be required by
law to make the assessments a valid and binding lien upon such property. The special
1 893477vl
16
assessments have not heretofore been authorized, and accordingly, for purposes of Minnesota
Statutes, Section 475.55, Subdivision 3, the special assessments are hereby authorized. Subject
to such adjustments as are required by conditions in existence at the time the assessments are
levied, the assessments are hereby authorized and it is hereby determined that the assessments
shall be payable in equal, consecutive, annual installments, with general taxes for the years
shown below and with interest on the declining balance of all such assessments at a rate per
annum not greater than the maximum permitted by law and not less than _ % per annum:
Improvement Designation
Amount
Year of Levv
Year of Collection
See Attached
At the time the assessments are in fact levied the City Council shall, based on the then-
current estimated collections of the assessments, make any adjustments in any ad valorem taxes
required to be levied in order to assure that the City continues to be in compliance with
Minnesota Statutes, Section 475.61, SubdiVision 1
17. Tax Levv: Covera!!e Test. To provide moneys for payment of the principal and
interest on the Bonds there is hereby levied upon all of the taxable property in the City a direct
annual ad valorem tax which shall be spread upon the tax rolls and collected with and as part of
other general property taxes in the City for the years and in the amounts as follows:
Year of Tax Levv
Year of Tax Collection
Amount
2006-2012
2007-2013
See attached
The tax levies are such that if collected in full they, together with estimated collections of
special assessments an other revenues herein pledged for the payment of the Bonds will produce
at least five percent in excess of the amount needed to meet when due the principal and interest
payments on the Bonds. The tax levies shall be irrepealable so long as any of the Bonds are
outstanding and unpaid, provided that the City reserves the right and power to reduce the levies
in the manner and to the extent permitted by Minnesota Statutes, Section 475.61, Subdivision 3
18. 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 15c2-12 (the "Rule"),
promulgated by the Securities and Exchange Commission (the "Commission") pursuanttothe
Securities Exchange Act of 1934, as amended, and a Continuing Disclosure Undertaking (the
"Undertaking") hereinafter described to:
(a) Provide or cause to be provided to each nationally recognized municipal securities
information repository (''NRMSlR'') and to the appropriate state information depository ("SID"),
if any, for the State of Minnesota, in each case as designated by the Commission in accordance
with the Rule, certain annual financial information and operating data in accordance with the
Undertaking. The City reserves the right to modify from time to time the terms of the
Undertaking as provided therein.
1 893477vl
17
(b) Provide or cause to be provided, in a timely manner, to ei) each NRMSIR or to the
Municipal Securities Rulemaking Board ("MSRB") and eii) the SID, notice of the occurrence of
certain material events with respect to the Bonds in accordance with the Undertaking.
(c) Provide or cause to be provided, in a timely manner, to ei) each NRMSIR or to the
MSRB and eii) the SID, notice of a failure by the City to provide the annual financial information
with respect to the City described in the Undertaking.
(d) The City agrees that its covenants pursuant to the Rule set forth in this paragraph
and in the Undertaking is intended to be for the benefit of the Holders of the Bonds and shall be
enforceable on behalf of such Holders; provided that the right to enforce the provisions of these
covenants shall be limited to a right to obtain specific enforcement of the City's obligations under
the covenants.
The Mayor and Clerk of the City, or any other officer of the City authorized to act in their
place (the "Officers") are hereby authorized and directed to execute on behalf of the City the
Undertaking in substantially the form presented to the City Council subject to such modifications
thereof or additions thereto as are ei) consistent with the requirements under the Rule, (ii)
required by the Purchaser of the Bonds, and eiii) acceptable to the Officers.
19. Defeasance. When all Bonds have been discharged as provided in this paragraph,
all pledges, covenants and other rights granted by this resolution to the registered holders of the
Bonds shall, to the extent permitted by law, cease. The City may discharge its obligations with
respect to any Bonds which are due on any date by irrevocably depositing with the Bond
Registrar on or before that date a sum sufficient for the payment thereof in full; or if any Bond
should not be paid when due, it may nevertheless be discharged by depositing with the Bond
Registrar a sum sufficient for the payment thereof in full with interest accrued to the date of such
deposit. The City may also discharge its obligations with respect to any prepayable Bonds called
for redemption on any date when they are prepayable according to their terms, by depositing
with the Bond Registrar on or before that date a sum sufficient for the payment thereof in full,
provided that notice of redemption thereof has been duly given. The City may also at any time
discharge its obligations with respect to any Bonds, subject to the provisions oflaw now or
hereafter authorizing and regulating such action, by depositing irrevocably in escrow, with a
suitable banking institution qualified by law as an escrow agent for this purpose, cash or
securities described in Minnesota Statutes, Section 475.67, Subdivision &, bearing interest
payable at such times and at such rates and maturing on such dates as shall be required, without
regard to sale andlor reinvestment, to pay all amounts to become due thereon to maturity or, if
notice of redemption as herein required has been duly provided for, to such earlier redemption
date.
20. Compliance With Reimbursement Bond Re!!ulations. The provisions of this
paragraph are intended to establish and provide for the City's compliance with United States
Treasury Regulations Section 1.150-2 (the "Reimbursement Regulations") applicable to the
"reimbursement proceeds" of the Bonds, being those portions thereof which will be used by the
City to reimburse itself for any expenditure which the City paid or will have paid prior to the
Closing Date ea "Reimbursement Expenditure").
1 893477vl
18
The City hereby certifies andlor covenants as follows:
(a) Not later than sixty days after the date of payment of a Reimbursement
Expenditure, the City (or person designated to do so on behalf of the City) has made or will have
made a written declaration of the City's official intent (a "Declaration") which effectively ei)
states the City's reasonable expectation to reimburse itself for the payment of the Reimbursement
Expenditure out of the proceeds of a subsequent borrowing; eii) gives a general and functional
description of the property, project or program to which the Declaration relates and for which the
Reimbursement Expenditure is paid, or identifies a specific fund or account of the City and the
general functional purpose thereof from which the Reimbursement Expenditure was to be paid
e collectively the "Project"); and eiii) states the maximum principal amount of debt expected to be
issued by the City for the purpose of financing the Project; provided, however, that no such
Declaration shall necessarily have been made with respect to: (i) "preliminary expenditures" for
the Project, defined in the Reimbursement Regulations to include engineering or architectural,
surveying and soil testing expenses and similar prefatory costs, which in the aggregate do not
exceed 20% of the "issue price" of the Bonds, and eii) a de minimis amount of Reimbursement
Expenditures not in excess of the lesser of$100,OOO or 5% of the proceeds of the Bonds.
(b) Each Reimbursement Expenditure is a capital expenditure or a cost of issuance of
the Bonds or any of the other types of expenditures described in Section 1.150-2(d)e3) of the
Reimbursement Regulations.
(c) The "reimbursement allocation" described in the Reimbursement Regulations for
each Reimbursement Expenditure shall and will be made forthwith following (but not prior to)
the issuance of the Bonds and in all events within the period ending on the date which is the later
of eighteen months after payment of the Reimbursement Expenditure or one year after the date
on which the Project to which the Reimbursement Expenditure relates is first placed in service,
but not more than three years after the date of the Reimbursement Expenditure.
(d) Each such reimbursement allocation will be made in a writing that evidences the
City's use of Bond proceeds to reimburse the Reimbursement Expenditure and, ifmade within 30
days after the Bonds are issued, shall be treated as made on the day the Bonds are issued.
Provided, however, that the City may take action contrary to any of the foregoing covenarlts in
this paragraph upon receipt of an opinion of its Bond Counsel for the Bonds stating in effect that
such action will not impair the tax-exempt status of the Bonds.
21. General Obligation Pled!!e. For the prompt and full payment of the principal and
interest on the Bonds, as the same respectively become due, the full faith, credit and taxing
powers of the City shall be and are hereby irrevocably pledged. If the balance in the Permanent
Improvement Revolving Sinking Fund is ever insufficient to pay all principal and interest then
due on the Bonds and any other bonds payable therefrom, the deficiency shall be promptly paid
out of any other funds of the City which are available for such purpose, and such other funds
may be reimbursed with or without interest from the Permanent Improvement Revolving Sinking
Fund when a sufficient balance is available therein.
1893477vl
19
22. Certificate of Recistration. The Clerk is hereby directed to file a certified copy of
this resolution with the County Auditor of Anoka County, Minnesota, together with such other
information as the Auditor shall require, and to obtain the Auditor's certificate that the Bonds
have been entered in the Auditor's Bond Register and that the tax levy required by law has been
made.
23. Records and Certificates. The officers of the City are hereby authorized and
directed to prepare and furnish to the Purchaser, and to the attorneys approving the legality of the
issuance of the Bonds, certified copies of all proceedings and records of the City relating to the
Bonds and to the :financial condition and affairs of the City, and such other affidavits, certificates
and information as are required to show the facts relating to the legality and marketability of the
Bonds as the same appear from the books and records under their custody and control or as
otherwise known to them, and all such certified copies, certificates and affidavits, including any
heretofore furnished, shall be deemed representations of the City as to the facts recited therein.
24. Ne!!ative Covenant as to Use of Proceeds and Improvements. The City hereby
covenants not to use the proceeds of the Bonds or to use the Improvements, or to cause or permit
them to be used, or to enter into any deferred payment arrangements for the cost of the
Improvements, in such a manner as to cause the Bonds to be "private activity bonds" within the
meaning of Sections 103 and 141 through 150 of the Code.
25. Tax-Exempt Status of the Bonds: Rebate. The City shall comply with
requirements necessary under the Code to establish and maintain the exclusion from gross
income under Section 103 of the Code of the interest on the Bonds, including without limitation
(1) requirements relating to temporary periods for investments, (2) limitations on amounts
invested at a yield greater than the yield on the Bonds, and (3) the rebate of excess investment
earnings to the United States if the Bonds (together with other obligations reasonably expected to
be issued and outstanding at one time in this calendar year) exceed the small-issuer exception
amount of $5,000,000.
For purposes of qualifying for the exception to the federal arbitrage rebate requirements
for governmental units issuing $5,000,000 or less of bonds, the City hereby finds, determines and
declares that (1) the Bonds are issued by a governmental unit with general taxing powers, (2) no.
Bond is a private activity bond, (3) ninety-five percent e95%) or more of the net proceeds of the
Bonds are to be used for local governmental activities of the City (or of a governmental unit the
jurisdiction of which is entirely within the jurisdiction of the City), and (4) the aggregate face
amount of all tax -exempt bonds (other than private activity bonds) issued by the City e and all
subordinate entities thereof, and all entities treated as one issuer with the City) during the
calendar year in which the Bonds are issued is not reasonably expected to exceed $5,000,000, all
within the meaning of Section 148(f)(4)(D) of the Code.
26. Designation of Oualified Tax-Exempt Obli!!ations. In order to qualify the Bonds.
as "qualified tax exempt obligations" within the meaning of Section 265(b)(3) of the Code, the
City hereby makes the following factual statements and representations:
(a)
the Bonds are issued after August 7,1986;
1 893477vl
20
(b) the Bonds are not "private activity bonds" as defined in Section 141 of the Code;
(c) the City hereby designates the Bonds as "qualified tax exempt obligations" for
purposes of Section 265(b)(3) of the Code;
(d) the reasonably anticipated amount of tax exempt obligations e other than private
activity bonds, treating qualified 501(c)e3) bonds as not being private activity bonds) which will
be issued by the City (and all entities treated as one issuer with the City, and all subordinate
entities whose obligations are treated as issued by the City) during this calendar year 2006 will
not exceed $10,000,000;
e e) not more than $10,000,000 of obligations issued by the City during this calendar
year 2006 have been designated for purposes of Section 265(b)(3) of the Code; and
(f) the aggregate face amount of the Bonds does not exceed $10,000,000.
The City shall use its best efforts to comply with any federal procedural requirements which may
apply in order to effectuate the designation made by this paragraph.
27. Severability. If any section, paragraph or provision of this resolution shall be held
to be invalid or unenforceable for any reason, the invalidity or unenforceability of such section,
paragraph or provision shall not affect any of the remilining provisions of this resolution.
28. Headings. Headings in this resolution are included for convenience of reference
only and are not a part hereof, and shall not limit or define the meaning of any provision hereof.
The motion for the adoption of the foregoing resolution was duly seconded by member
Kn i gh t and, after a full discussion thereof and upon a vote being taken thereon,
the following voted in favor thereof: Jacobson, Knight, Gamache, Orttel, Trude
and the following voted against the same: None
Whereupon the resolution was declared duly passed and adopted.
1893477vl
21
STATE OF MINNESOTA
COUNTY OF ANOKA
CITY OF ANDOVER
I, the undersigned, being the duly qualified and acting Clerk of the City of Andover,
Minnesota, DO HEREBY CERTIFY that I have compared the attached and foregoing extract of
minutes with the original thereof on file in my office, and that the same is a full, true and
complete transcript of the minutes of a meeting ofthe City Council duly called and held on the
date therein indicated, insofar as the minutes relate to considering proposals and awarding the
competitive negotiated sale of $2,450,000 General Obligation Permanent Improvement
Revolving Fund Bonds, Series 2006A.
WITNESS my hand on April 18, 2006.
~ ().~
Clerk
o
CITY OF ANDOVER
COUNTYOFANOKA
STATE OF MINNESOTA
RES. NO R056-06
A RESOLUTION APPROVING THE FINAL PLAT OF "KENSINGTON ESTATES ih
ADDITION" FOR KENSINGTON, INC ON PROPERTY LOCATED IN SECTION 27,
TOWNSHIP 32, RANGE 24, LEGALLY DESCRIBED AS:
Outlot B, Kensington Estates 4th Addition, Anoka County, Minnesota.
WHEREAS, the City Council has approved the preliminary plat of the project to
be known as "Kensington Estates 7th Addition"; and
WHEREAS, Kensington, Inc. has presented the final plat of Kensington Estates
7th Addition; and
WHEREAS; the Andover Review Committee has reviewed such final plat for
conformance with the preliminary plat.
o
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to
hereby approve the final plat of Kensington Estates ih Addition contingent upon receipt
of the following:
1. The final plat shall conform to the plan stamped received by the City of
Andover on April 10, 2006.
2. The developer shall be responsible for the cost of construction of all
improvements approved as a part of the preliminary plat.
3. Park dedication and trail fees shall be paid as determined as part of
preliminary plat approval.
4. Such plat approval is contingent upon a development agreement acceptable to
the City Attorney. A financial guarantee will be required as a part of this
agreement to assure all of the subdivision improvements will be completed.
5. Subject to final review by City Stafffor compliance with City ordinances,
policies, guidelines and conditions of preliminary, landscape plan, and final
plat approval.
6. Developer is responsible for obtaining all permits from U.S. Army Corps of
Engineers, DNR, LGU, watershed district, MPCA and any other agency that
may be interested in the site.
7. Subject to all conditions of the preliminary plat resolution (R019-06) dated
February 7, 2006.
Adopted by the City Council of the City of Andover this 18th day of April, 2006.
CITY OF ANDOVE
ATTEST:
I~ a.tb
o Victoria V olk, City Clerk
o
o
o
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO. 055-06
RESOLUTION DEDICATING CITY OWNED PROPERTY FOR PROJECT PURPOSES
WHEREAS, the City Council of the City of Andover is the official governing body
of the City of Andover; and
WHEREAS, the plans and specifications for the reconstruction of County State
Aid Highway No. 78 (Hanson Boulevard) between 1215t Avenue NW in Coon Rapids
and 139th Avenue NW in Andover and County State Aid Highway No. 116 (Bunker Lake
Blvd.) between Jay Street NW and Wintergreen Street NW, are designated as Anoka
County Project No. S.P. 02-678-16, City Project No. 04-23; and,
WHEREAS, the plans and specifications for the Project require the use of various
lands for the project; and,
WHEREAS, the City is the owner of said properties, described in Exhibit "A" (*)
attached hereto, which parcels are required for the Project improvements:
NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF ANDOVER:
1. That said properties are hereby dedicated to be used for the purposes of
the Project as set forth in the plans and specifications.
Adopted by the City Council of the City of Andover this
April ,2006.
18th
day of
CITY OF ANDOVER
ATTEST:
r,(
(i~ ad
Victoria Volk - City Clerk
o
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO. 054-06
MOTION by Councilmember
Jacobson
to adopt the following:
A RESOLUTION APPROVING CHANGE ORDER #-1- TO PROJECT NO.
03-1A FOR PRAIRIE KNOLL PARK LIGHTING.
WHEREAS, the City of Andover has a contract for Project No. 03-1A with
Killmer Electric Co.. Inc. of Crystal. MN
NOW THEREFORE, BE IT RESOLVED by the City Council of Andover to
hereby approve the change order to Project No. 03-1A.
o
Adopted by the City Council of the City of Andover this
April ,2006.
18th
day of
CITY OF ANDOVER
ATTEST:
~~~-L
!I1llchael R. Gamache - Mayor
11A~ I/,/L
Victoria Volk - City Clerk
o
o
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO. 053-06
MOTION by Council member
Jacobson
to adopt the following:
A RESOLUTION APPROVING FINAL PLANS AND SPECIFICATIONS AND
ORDERING ADVERTISEMENT FOR BIDS FOR PROJECT NO. 05-15 FOR
BALL FIELD IMPROVEMENTS AT ANDOVER STATION NORTH.
WHEREAS, pursuant to Resolution No. 048-06 , adopted by the City
Council on the 4th day of April , 2006, the City Enaineer
has prepared final plans and specifications for Project 05-15 for Ball Field
Improvements at Andover Station North.
WHEREAS, such final plans and specifications were presented to the City
Council for their review on the 18th day of April , 2006 .
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Andover to hereby approve the Final Plans and Specifications.
o BE IT FURTHER RESOLVED by the City Council of the City of Andover to
hereby direct the City Clerk to seek public bids as required by law, with such bids to
be opened at 10:00 a.m.. , Mav 12 , 2006 at the Andover City Hall.
MOTION seconded by Council member Kniaht and adopted by the
City Council at a reaular meeting this 18th day of April , 2006 , with
Council members Jacobson, Kniaht. Orttel. Gamache, Trude voting in
favor of the resolution, and Council members none voting against, whereupon
said resolution was declared passed.
CITY OF ANDOVER
ATTEST:
o
~~ tJ/b
Victoria Volk - City Clerk
o
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO R052-06
A RESOLUTION APPROVING THE FINAL PLAT OF "STACKS WOODS" ON
PROPERTY LOCATED IN SECTION 15, TOWNSHIP 32, RANGE 24, LEGALLY
DESCRIBED AS:
The Northeast Quarter of the Northeast Quarter of Section 13, Township 32, Range 25,
Anoka County, Minnesota.
AND
That part of Government Lot 8, Section 13, Township 32, Range 25, lying easterly of the
following described line: Commencing at a point on the north line of said Government
Lot 8, said point being 58.63 feet east of the southeast corner of Government Lot 5,
Section 12, Township 32, Range 25, Anoka County, Minnesota; thence continuing east
along said north line 217.80 feet to the point of beginning of the line to be described;
thence South at right angles to said north line to the south line of said Government Lot 8,
and said line there terminating.
WHEREAS, the City Council has approved the preliminary plat of the project to be
known as "Stacks Woods"; and
o
WHEREAS, the Developer has presented the fmal plat of Stacks Woods; and
WHEREAS; the City Engineer has reviewed such final plat for conformance with the
preliminary plat.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Andover to hereby approve the final plat of Stacks Woods contingent upon the following:
1. The fmal plat shall conform to the drawing stamped March 30, 2006.
2. The plat shall be subject to all conditions of the Preliminary Plat Resolution
R214-05.
3. The developer obtains all necessary permits from the Coon Creek Watershed
District, DNR, Corps of Engineers, LGU, MPCA, Anoka County Highway
Department and any other agency that may be interested in the site.
4. Park dedication and trail fees shall be paid as determined as a part of preliminary
plat approval.
5.. The developer shall be responsible for the cost of construction of all
improvements proposed as a part of the preliminary plat.
6. Contingent upon staff review and approval for compliance with City ordinances,
policies and guidelines.
7. Such plat approval is contingent upon a development agreement acceptable to the
City Attorney. A fmancial guarantee will be required as a part of this agreement
to assure all of the subdivision improvements will be completed.
o
o
8. The developer shall be responsible for the cost of constructing a trail along the
west side of Ventre Street NW adjacent to Lots 4,5 and 6 of Block 2 and Lot 4 of
Block 1.
Adopted by the City Council ofthe City of Andover this 4th day of April, 2006.
CITY OF ANDOVER
ATTEST:
{j,~ (J/.l.-
Victoria V olk, City Clerk
-
o
o
o
o
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO. R05l-06
A RESOLUTION APPROVING A VARIANCE TO REDUCE THE FRONT YARD SETBACK
FROM 40 FEET TO 10 FEET AND THE SCENIC RIVER DISTRICT REGULATION'S HIGH
WATER MARK SETBACK FROM 150 FEET TO 113 FEET FOR PROPERTY LOCATED AT
5159 159th AVENUE NW LEGALLY DESCRIBED AS:
Government Lot 6, Section 13, Township 32, Range 25, Anoka County, Minnesota
WHEREAS, the Planning Commission has reviewed the request to vary from City Code 12-3-4 to
reduce the front yard setback for the subject property from 40 feet to 10 feet, and;
WHEREAS, the Planning Commission has reviewed the request to vary from City Code 13-5-5 to
reduce the setback from the high water mark for the subject property from 150 feet to 113 feet, and;
WHEREAS, the City Council finds the following conditions constitute an undue hardship for the
subject property:
1. The applicant's property was platted before the City was incorporated and is substantially
smaller than the 2.5-acre minimum required size in the R-1 zoning district.
2. The 40-foot front yard setback is too restrictive given the lot's size and house location.
3. The City Code's Scenic River District Regulation's ISO-foot high water mark setback is too
restrictive given the lot's size and house location.
4. The applicant has investigated other garage locations on the site, but the current location has the
least impact and required the smallest variance from the Code.
5. The City Forester will make a recommendation for increased screening along the river.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover approves the
proposed variance request to reduce the front yard setback for the subject property from 40 feet to 10
feet, and the Scenic River District Regulation's high water mark setback from 150 feet to 113 feet.
Adopted by the City Council of the City of Andover on this 4th day of April, 2006.
CITY OF ANDOVER
ATTEST:
t1~ ()v/b
Victoria V olk, City Clerk
o
o
o
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO. R050-06
A RESOLUTION APPROVING A V ARlANCE TO REDUCE THE TWENTY
FOOT PARKING SETBACK REQUIRED BY CITY CODE 12-13-9-E FOR PROPERTY
LOCATED AT 3450 BUNKER LAKE BOULEVARD LEGALLY DESCRlBED AS:
The West 300 feet of that part of the Northwest Quarter of the Southeast Quarter of Section 32,
Township 32, Range 24, lying East ofthe West 733.02 feet thereof and lying North of the North
line of 136th Lane NW and its Easterly extension as now laid out and platted in the plats of
Chapman's Second and Third Additions, Anoka County, Minnesota and lying southerly
southeasterly and easterly of Parcels 24, 24A and 24B, Anoka County Right-Of-Way Plat NO.
47.
WHEREAS, the Planning Commission has reviewed the request to vary from City Code 12-3-4
to reduce the parking setbacks required by City Code 12-13-9-E, and;
WHEREAS, the City Council finds the following conditions constitute an undue hardship for the
subject property:
1. The parcel was bisected by Anoka County when the Bunker Lake Boulevard frontage
road and Rose Street NW were constructed.
2. As a result, the parcel is bordered by public streets on three sides.
3. The variances will allow reasonable use of the commercial property by allowing a
commercial building and associated parking to be constructed.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover
approves the proposed variance request to reduce the required parking setback to 10 feet along
the west property line, 18 feet along the south property line and as shown on the site plan revised
February 14,2006 for the northerly extension ofthe proposed parking area.
Adopted by the City Council of the City of Andover on this 4th day of April, 2006.
ATTEST:
tJ~;A/ lJu4
Victoria V olk, City Clerk
o
Q
o
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO. 049-06
MOTION by Council member
Trude
to adopt the following:
A RESOLUTION ORDERING THE IMPROVEMENT OF TULIP STREET NW
BETWEEN 161sT AVENUE NW AND VALLEY DRIVE NW ,PROJECT NO. 05-11
AND DIRECTING PREPARATION OF FINAL PLANS AND SPECIFICATIONS.
WHEREAS, Resolution No. 033-06 of the City Council adopted on the 8th
day of March ,2006, fixed a date for a public hearing; and
WHEREAS, pursuant to the required published and mailed notice such
hearing was held on the 4th day of April , 2006; and
WHEREAS, all persons desiring to be heard were given such opportunity for
same; and
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Andover to hereby order improvement Project No. 05-11
MOTION seconded by Council member
Ortlel
and adopted by
the City Council at a reqular
meeting this 4th day of April , 2006, with
Councilmembers Jacobson (present), Knioht. Ortlel. Gamache. Trude
voting in favor of the resolution, and Councilmembers _
none
voting against, whereupon said resolution was
declared passed.
CITY OF ANDOVER
ATTEST:
?
~U~
Victoria Volk - City Clerk
o
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO. 048-06
MOTION by Councilmember
Jacobson
to adopt the following:
A RESOLUTION ORDERING THE IMPROVEMENT OF SANITARY SEWER,
WATER MAIN. STREET. STORM SEWER & BALL FIELD IMPROVEMENTS AT
ANDOVER STATION NORTH , PROJECT NOS. 05-32 (WOODLAND
CROSSINGS). 05-24 (SHAW'S GLEN). 05-20 (CARDINAL RIDGE) & 05-15
(ANDOVER STATION NORTH BALL FIELD IMPROVEMENTS) AND DIRECTING
PREPARATION OF FINAL PLANS AND SPECIFICATIONS.
WHEREAS, Resolution No. 034-06 of the City Council adopted on the 8th
day of March , 2006, fixed a date for a public hearing; and
WHEREAS, pursuant to the required published and mailed notice such
hearing was held on the 4th day of April , 2006; and
o
WHEREAS, all persons desiring to be heard were given such opportunity for
same; and
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Andover to hereby order improvement Project Nos. 05-32. 05-24. 05-20 & 05-15 .
MOTION seconded by Councilmember
Orttel
and adopted by the City
Council at a reaular
meeting this 4th
day of April
, 2006, with
Councilmembers Jacobson. Kniaht. Orttel. Gamache. Trude
voting in favor of
the resolution, and Councilmembers
none
voting
against, whereupon said resolution was declared passed.
CITY OF ANDOVER
ATTEST:
~
IJ-AA~ ()vLb
o Victoria Volk - City Clerk
o
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
Resolution No. 047-06
Council Member
adoption:
Jacobson introduced the following resolution and moved its
Resolution Providing for the Sale of $460,000 General Obligation Equipment
Certificates, Series 2006B
A. WHEREAS, the City Council ofthe City of Andover, Minnesota (the "City"), has
heretofore determined that it is necessary and expedient to issue the City's
$460,000 General Obligation Equipment Certificates, Series 2006B (the
"Certificates"), to finance the acquisition of various capital equipment for the
City; and
B. WHEREAS, the City has retained Ehlers & Associates, Inc., in Roseville,
Minnesota ("Ehlers"), as its independent financial advisor for the Certificates and
is therefore authorized to solicit proposals in accordance with Minnesota Statutes,
Section 475.60, Subdivision 2(9);
o
NOW, THEREFORE, BE IT RESOLVED by the City Council of Andover, Minnesota,
as follows:
1. Authorization: Findings. The City Council hereby authorizes Ehlers to
solicit proposals for the sale ofthe Certificates.
2. Meeting: Proposal Opening. The City Council shall meet at 7:00pm on
April 18, 2006, for the purpose of considering proposals for and awarding
the sale of the Certificates.
3. Official Statement. In connection with said sale, the officers or employees
of the City are hereby authorized to cooperate with Ehlers and participate
in the preparation of an official statement for the Certificates and to
execute and deliver it on behalf of the City upon its completion.
The motion for the adoption of the foregoing resolution was duly seconded by Council
Member Kni!!ht and, after full discussion thereof and upon a vote being taken
thereon, the following Council Members voted in favor thereof:
Trude, Gamache, Orttel, Jacobson, Knight.
And the following voted against the same:
None
o Whereupon said resolution was declared duly passed and adopted.
Dated this 4th day of April, 2006.
o
CITY OF ANDOVER
Attest:
~Uv4
Victoria Volk, City Clerk
o
o
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CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
Resolution No. 046-06
Council Member Jacobson introduced the following resolution and moved its
adoption:
Resolution Providing for the Sale of $2,450,000 General Obligation Permanent
Improvement Revolving Fund Bonds, Series 2006A
A. WHEREAS, the City Council of the City of Andover, Minnesota (the "City"), has
heretofore determined that it is necessary and expedient to issue the City's
$2,450,000 General Obligation Permanent Improvement Revolving Fund Bonds,
Series 2006A (the "Bonds"), to finance the construction of various improvements
in the City; and
B. WHEREAS, the City has retained Ehlers & Associates, Inc., in Roseville,
Minnesota ("Ehlers"), as its independent fmancial advisor for the Bonds and is
therefore authorized to solicit proposals in accordance with Minnesota Statutes,
Section 475.60, Subdivision 2 (9);
o
NOW, THEREFORE, BE IT RESOLVED by the City Council of Andover, Minnesota,
as follows:
1. Authorization: Findings. The City Council hereby authorizes Ehlers to
solicit proposals for the sale of the Bonds.
2. Meeting: Proposal Opening. The City Council shall meet at 7:00pm on
April 18, 2006, for the purpose of considering proposals for and awarding
the sale of the Bonds.
3. Official Statement. In connection with said sale, the officers or employees
of the City are hereby authorized to cooperate with Ehlers and participate
in the preparation of an official statement for the Bonds and to execute and
deliver it on behalf of the City upon its completion.
o
The motion for the adoption of the foregoing resolution was duly seconded by Council
Member Kni!!ht and, after full discussion thereof and upon a vote being
taken thereon, the following Council Members voted in favor thereof:
Trude, Gamache, Orttel, Knight, Jacobson
And the following voted against the same:
None
Whereupon said resolution was declared duly passed and adopted.
Dated this 4th day of April, 2006.
o
CITY OF ANDOVER
Attest:
~/J~
Victoria V olk, City Clerk
o
o
o
CITY OF ANDOVER
COUNTYOFANOKA
STATE OF MINNESOTA
RES. NO 044-06
A RESOLUTION APPROVING THE FINAL PLAT OF "CARDINAL RIDGE" ON
PROPERTY LOCATED IN SECTION 15, TOWNSHIP 32, RANGE 24, LEGALLY
DESCRIBED AS:
That part of the west 700 feet of the Southwest Quarter of the Southeast Quarter of
Section 15, Township 32, Range 24, Anoka County, Minnesota lying north of the south
659 feet as measured along the south and west lines thereof.
EXCEPT that part of said Southwest Quarter of the Southeast Quarter platted as Anoka
County Highway Right-of-Way Plat No.2, Anoka County, Minnesota
AND
The north 312 feet of the south 659 feet of the west 700 feet of the Southwest Quarter of
the Southeast Quarter of Section 15, Township 32, Range 24, Anoka County, Minnesota
as measured along the south and west lines thereof
o
EXCEPT that part of said Southwest Quarter of the Southeast Quarter platted as Anoka
County Highway Right-of-Way Plat No.2, Anoka County, Minnesota
WHEREAS, the City Council has approved the preliminary plat of the project to be
known as "Cardinal Ridge"; and
WHEREAS, the Developer has presented the final plat of Cardinal Ridge; and
WHEREAS; the City Engineer has reviewed such final plat for conformance with the
preliminary plat.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Andover to hereby approve the fmal plat of Cardinal Ridge contingent upon the
following:
1. The final plat shall conform to the drawing stamped March 8, 2006.
2. The plat shall be subject to all conditions of the Preliminary Plat Resolution
R009-06.
3. The Landscape Plan stamped received by the City of Andover March 30,2006
shall be modified as follows:
a. All Red Pine trees are to be replaced with Black Hills Spruce trees.
b. Black Hills Spruce trees must be spaced no greater than 15 feet on center.
c. An overstory tree is to be added to each side of each grouping of Crabapple
trees except the area already buffered by the proposed tree save area.
o
o
d. All trees must be planted on the upland shelf created for screening on the
grading plan. No trees will be allowed to be planted down the slope of the
pond.
e. The revised plan shall be subject to review by staff to ensure compliance with
City Code 12-13-5.
4. The developer obtains all necessary permits from the Coon Creek Watershed
District, DNR, Corps of Engineers, LGU, MPCA, Anoka County Highway
Department and any other agency that may be interested in the site.
5. Park dedication and trail fees shall be paid as determined as a part of preliminary
plat approval.
6. The developer shall be responsible for the cost of construction of all
improvements proposed as a part of the preliminary plat.
7. Contingent upon staff review and approval for compliance with City ordinances,
policies and guidelines.
8. Such plat approval is contingent upon a development agreement acceptable to the
City Attorney. A financial guarantee will be required as a part of this agreement
to assure all of the subdivision improvements will be completed.
Adopted by the City Council of the City of Andover this 4th day of April, 2006.
CITY OF ANDOVER
ATZiST: I ;//,
. A5t:i,~ rJdP
Victoria V olk, City Clerk
o
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CITY OF ANDOVER
COUNTYOFANOKA
STATE OF MINNESOTA
RES. NO. R050-06
A RESOLUTION APPROVING A VARIANCE TO REDUCE THE TWENTY
FOOT PARKING SETBACK REQUIRED BY CITY CODE 12-13-9-E FOR PROPERTY
LOCATED AT 3450 BUNKER LAKE BOULEV ARD LEGALLY DESCRIBED AS:
The West 300 feet of that part of the Northwest Quarter of the Southeast Quarter of Section 32,
Township 32, Range 24, lying East of the West 733.02 feet thereof and lying North of the North
line of 136th Lane NW and its Easterly extension as now laid out and platted in the plats of
Chapman's Second and Third Additions, Anoka County, Minnesota and lying southerly
southeasterly and easterly of Parcels 24, 24A and 24B, Anoka County Right-Of-Way Plat NO.
47.
WHEREAS, the Planning Commission has reviewed the request to vary from City Code 12-3-4
to reduce the parking setbacks required by City Code 12-13-9-E, and;
WHEREAS, the City Council finds the following conditions constitute an undue hardship for the
subject property:
1. The parcel was bisected by Anoka County when the Bunker Lake Boulevard frontage
road and Rose Street NW were constructed.
2. As a result, the parcel is bordered by public streets on three sides.
3. The variances will allow reasonable use of the commercial property by allowing a
commercial building and associated parking to be constructed.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover
approves the proposed variance request to reduce the required parking setback to 10 feet along
the west property line, 18 feet along the south property line and as shown on the site plan revised
February 14, 2006 for the northerly extension of the proposed parking area.
Adopted by the City Council of the City of Andover on this 4th day of April, 2006.
CITY OF ANDOVER
ATTEST:
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Victoria V olk, City Clerk
o
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RESOLUTION NO. 045-06
A RESOLUTION AUTHORIZING THE USE OF AN ABSENTEE BALLOT BOARD
FOR ELECTIONS IN THE CITY OF ANDOVER.
WHEREAS, the City of Andover receives hundreds of absentee ballots for each
election from disabled voters, out of town voters and military personnel; and
WHEREAS, on election day, election judges must make time to review each of
the absentee ballots and either accept or reject the ballots according to the criteria laid out
by the State of Minnesota; and
WHEREAS, the duties of our election judges on election day are numerous, and it
is difficult for them to find sufficient time for processing the absentee ballots; and
WHEREAS, Minnesota Statute 203B.13 allows the establishment for an Absentee
Ballot Board by municipalities who authorize its establishment through adoption of a
o resolution; and
WHEREAS, an Absentee Ballot Board provides for the establishment of a Board
that will be responsible for reviewing the incoming absentee ballots for acceptance or
rejection prior to election day; and
WHEREAS, providing the establishment of an Absentee Ballot Board will
improve the accuracy ofthe review, as well as, lessen the need for this time-consuming
task to be completely handled on election day while the polls are operating; and
WHEREAS, the Anoka County Elections Department has offered to help
facilitate the Absentee Ballot Board system for the State elections, which means more
experienced workers can supervise accepting/rejecting of the absentee ballots; and
WHEREAS, in order for the cities located in the County of Anoka to implement
this use, the Anoka County Elections Department will require 100% participation of all
cities/towns/school boards.
NOW, THEREFORE, BE IT RESOLVED BY THE ANDOVER CITY
COUNCIL:
o
1. That the City Council of the City of Andover hereby authorizes the
establishment and use of an Absentee Ballot Board for elections.
2. That the City Clerk or hislher designee is authorized to serve as/on the Board.
o
o
o
3. The City Clerk is authorized to employ the suitable number of election judges
andlor staff persons who have been officially trained as an election judge.
Adopted by the Andover City Council this 4th day of April, 2006.
CITY OF ANDOVER
ATTEST:
~ (J.,/b
Victoria V olk, City Clerk
o
o
o
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO. 043-06
MOTION by Council member
Jacobson
to adopt the following:
A RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR THE
IMPROVEMENT OF PROJECT NO. 06-3 FOR 2006 CRACK SEALING.
WHEREAS, pursuant to advertisement for bids as set out in Council Resolution No.
022-06 ,dated Februarv 21, 2006, bids were received, opened and tabulated
according to law with results as follows:
Precision Sealcoating, Inc.
Astech
Bergman Companies, Inc.
$119,739.40
$130,919.00
$158,868.00
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover
to hereby accept the bids as shown to indicate Precision Sealcoatino, Inc. as being
the apparent low bidder.
BE IT FURTHER RESOLVED TO HEREBY direct the Mayor and City
Clerk to enter into a contract with Precision Sealcoatino, Inc. in the amount of
$ 119,739.40 for construction of the improvements; and direct the City Clerk to return
to all bidders the deposits made with their bids, except that the deposit of the successful
bidder and the next lowest bidder shall be retained until the contract has been executed
and bond requirements met.
MOTION seconded by Council member Knioht
City Council at a reoular meeting this 4th day of April
Council members Jacobson, Knioht. Ortiel, Gamache, Trude
of the resolution, and Council members none
against, whereupon said resolution was declared passed.
and adopted by the
, 2006 , with
voting in favor
voting
CITY OF ANDOVER
ATTEST:
d~ ()~
Victoria Volk - City Clerk
o
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. R042-06
A RESOLUTION SUPPORTING THE IMPROVEMENTS TO SPRINGBROOK
NATURE CENTER ASSOCIATED WITH THE SPRING (SANCTUARY
PROTECTION & RENEWAL INTO THE NEXT GENERATION) PROJECT AND
SUPPORTING THE REQUEST TO THE STATE OF MINNESOTA FOR FINANCIAL
ASSISTANCE.
WHEREAS, the Springbrook Nature Center is a 127-acre City of Fridley park that
provides year-round opportunities to experience and learn about nature; and is an
environmental education center that serves school groups, community organizations and
families; and
WHEREAS, the Springbrook Nature Center serves the people living in the north
suburban area with enjoyable and educational programs, hands-on exhibits and nature
center facilities; and
o
WHEREAS, the Springbrook Nature Center SPRING Project will enhance this park as a
learning center for people from the metropolitan area and the State of Minnesota.
NOW THEREFORE, BE IT RESOLVED that the City of Andover City Council supports
the improvements included in the Springbrook Nature Center SPRING Project and
recognizes the positive impact this project will have upon the citizens of the northern
Twin Cities metropolitan area.
BE IT FURTHER RESOLVED, that the City Council ofthe City of Andover supports
the application to the State of Minnesota for financial assistance with the Springbrook
Nature Center SPRING Project.
ADOPTED BY THE CITY COUNCIL OF THE CITY OF ANDOVER THIS 21 ST DAY
OF MARCH 2006.
ATTEST:
City of Andover
o
tLt::. 1i.4~
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Victoria V olk - City Clerk
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CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO. R041-06
A RESOLUTION APPROVING THE VARIANCE REQUEST FOR JAMES AND
KELLY PEIRSON TO VARY FROM CITY CODE 12-5-4-A TO REDUCE THE
FRONT YARD SETBACK FROM A COUNTY ROAD TO 90 FEET ON PROPERTY
LOCATED AT 16552 VERDIN STREET NW LEGALLY DESCRIBED AS:
That part of the Southeast Quarter of the Southeast Quarter of Section 9, Township 32,
Range 24, Anoka County, Minnesota, described as follows:
Commencing at the Southeast corner of said Southeast Quarter of the Southeast Quarter;
thence North along the East line of said Southeast Quarter of the Southeast Quarter a
distance of 420 feet to the actual place of beginning described herein; thence continue
North along said East line a distance of208.7 feet thence West and parallel with the
South line of said Southeast Quarter of the Southeast Quarter, a distance of 450.6 feet;
thence South and parallel with said East line a distance of208.7 feet; thence East to the
actual place of beginning.
Subject to an easement for public road purposes over the east 33 feet thereof.
o
WHEREAS, James and Kelly Pierson have petitioned to vary from the requirements of
City Code 12-3-4, and;
WHEREAS, the City Council finds that the following conditions constitute an undue
hardship for the subject property:
1. The existing house was built prior to the adoption of the zoning code.
WHEREAS, the City Council finds that the variance will not be detrimental to the health,
safety or welfare of surrounding properties, and;
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover
approves the proposed variance request to vary from City Code 12-5-4-A to reduce the
front yard setback along a County road to 90 feet for an attached garage for the subject
property with the following conditions:
1. That the variance shall be subject to a sunset clause whereas if the improvements
are not initiated within twelve (12) months, the variance will be null and void.
2. In the event the home is damaged beyond 50% of its assessed value, the new
house and the attached garage will be required to be reconstructed in conformance
with all applicable building setbacks at that time.
o
3. The applicant shall be required to demonstrate that driveway access can be
provided to the proposed garage without impacting the existing septic drain field,
or that the drain field can be relocated to allow a driveway to be installed.
o
Adopted by the City Council of the City of Andover on this 21st day of March 2006.
CITY OF ANDOVER
ATTEST:
iL:t:.J:J I)~
Victoria Volk, City Clerk
o
o
o
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO R040-06
A RESOLUTION APPROVING THE FINAL PLAT OF "P ARKSIDE AT ANDOVER
STATION" ON PROPERTY LOCATED IN SECTION 34, TOWNSHIP 32, RANGE
24, LEGALLY DESCRIBED AS:
Lots 4,5 and 6, Block 1, Andover Station North, according to the recorded plat thereof,
Anoka County, Minnesota. And;
The north 103.64 feet of the east 315.47 feet of the Southwest Quarter of the Northeast
Quarter of Section 34, Range 24, Township 32, Anoka County, Minnesota.
WHEREAS, the City Council has approved the preliminary plat of the project to be
known as "Parkside at Andover Station"; and
WHEREAS, the Developer has presented a final plat of Parks ide at Andover Station; and
o
WHEREAS; the City Engineer has reviewed such fmal plat for conformance with the
preliminary plat.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Andover to hereby approve the final plat of Parkside at Andover Station contingent upon
the following:
1. The final plat shall conform to the final plat drawing stamped March 1, 2006.
2. The plat shall be subject to all of the conditions ofPrelirninary Plat Resolution
R039-06.
3. The developer obtains all necessary permits from the Coon Creek Watershed
District, DNR, Corps of Engineers, LGU, MPCA, Anoka County Highway'
Department and any other agency that may be interested in the site.
4. Park dedication and trail fees shall be paid on a per unit basis at the rate in effect
at the time of preliminary plat approval and subject to increase as provided by
state statute. This payment shall be based on the number of units on the final
plates) and shall be made prior to the City's release of the fmal plates).
5. The developer shall be responsible for the cost of construction of all
improvements proposed as a part of the preliminary plat.
6. Contingent upon staff review and approval for compliance with City ordinances,
policies and guidelines.
7. Such plat approval is contingent upon a development agreement acceptable to the
City Attorney. A fmancial guarantee will be required as a part of this agreement
to assure all of the subdivision improvements will be completed.
Adopted by the City Council of the City of Andover this 21 st day of March, 2006.
ATTEST: /J CITY._ OF AN~~E~/
jl~ riLL,; <---;;Z'/~
Victoria V olk, City Clerk ~chael R. Gamache, Mayor
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CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO R039-06
A RESOLUTION AMENDING RESOLUTION R052-05 TO MODIFY THE PRELIMINARY
PLAT AND PLANNED UNIT DEVELOPMENT STANDARDS OF "P ARKSIDE AT
ANDOVER STATION" LOCATED IN SECTION 34, TOWNSHIP 32, RANGE 24, ANOKA
COUNTY, MINNESOTA, LEGALLY DESCRIBED AS:
Lots 4,5 and 6, Block 1, Andover Station North, according to the recorded plat thereof, Anoka
County, Minnesota.
And;
The north 103.64 feet of the east 315.47 feet of the Southwest Quarter of the Northeast Quarter
of Section 34, Range 24, Township 32, Anoka County, Minnesota.
WHEREAS, the preliminary plat and planned unit development standards were approved by the
City Council on March 15,2005 for Parkside at Andover Station; and
WHEREAS, Bruggeman Homes has requested approval of a revised preliminary plat and revised
planned unit development standards; and
o
WHEREAS, the Andover Review Committee has reviewed the revised preliminary plat; and
WHEREAS, pursuant to published and mailed notice thereof, the Planning Commission has
conducted a public hearing on said plat; and
WHEREAS, as a result of such public hearing, the Planning Commission has reviewed the
request and determined that said request meets the criteria of City Code 13 Planned Unit
Development and the intent of the previously approved plat; and
WHEREAS, the Planning Commission recommends to the City Council the approval of the plat,
and;
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby
agrees with the recommendation of the Planning and Zoning Commission and approves the
revised preliminary plat and planned unit development review of Parkside at Andover Station,
with the following conditions:
o
1. The Preliminary Plat shall conform to the plans revised March 13, 2006 and stamped
received on March 16, 2006.
2. Exhibit B shall regulate the lot dimensions, setbacks, area identification sign and
landscaping plan for the proposed development, including the reduced parking setback
for one drive lane.
3. The development shall conform to City Code Titles 11, 12, and 13, as well as Exhibit B
"Parkside at Andover Station Design Standards". Exhibit B shall regulate when in
conflict with the City Code.
o
o
o
4. The developer shall provide temporary cul-de-sac easements to allow turnarounds to be
constructed at the phasing limits of 139th and 140th Avenues NW. These easements shall
be provided on a separate document that is written to expire when the streets are extended
in the future.
5. All previous conditions of Resolution R052-05 not modified by this resolution shall
remain in effect.
6. The developer obtains all necessary permits from the Coon Creek Watershed District,
DNR, Corps of Engineers, LGU, MPCA, Anoka County Highway Department and any
other agency that may be interested in the site.
7. Park dedication and trail fees shall be paid on a per unit basis at the rate in effect at the
time of preliminary plat approval and subject to increase as provided by state statute.
This payment shall be based on the number of units on the final plates) and shall be made
prior to the City's release of the final plates).
8. Contingent upon staff review and approval for compliance with City ordinances, policies
and guidelines.
9. Such plat approval is contingent upon a development agreement acceptable to the City
Attorney.
10. A property owners association shall be created with the following documents provided to
. the City Attorney for review and approval prior to being recorded with the final plat in
accordance with City Code 11-2-3:
a. Articles ofIncorporation
b. By-laws of the association
c. Declaration of covenants, conditions and restrictions regulating the properties,
exterior maintenance of the homes and maintenance of the common areas.
11. At the option of City staff to require the developer to put trees in the boulevard and/or
decrease private driveway width and/or provide decorative fencing between Jay Street
NW and Lots 17-25 of Block 3, or a combination of the above.
Adopted by the City Council of the City of Andover this 21 st day of March, 2006.
AT~~ ()vt./J
Victoria V olk, City Clerk
Parkside at Andover Station Preliminary Plat Resolution
o
EXHIBITB
Amending Resolution R052-05 and Parkside at Andover Station Design Standards
1. The lot sizes and building setbacks shall conform to the Preliminary Plat drawing revised
March 13, 2006 and stamped received on March 16,2006 except so as to be revised as
indicated by condition 11 of Resolution R039-06.
2. The parking area setback shall be reduced to 6 feet for the drive lane serving the east side
of the building located at the southwest corner of Jay Street and 139th Avenue NW. All
other parking areas within the plat shall meet the parking requirements of the City Code.
3. The building elevations shall conform to the drawings approved by the City Council on
March 15, 2005. The drawing is dated January 3, 2005 and stamped received January 3,
2005.
4. The Landscaping Plan shall conform to the plan revised March 16,2006 and stamped
received on March 16, 2006 except so as to be revised as indicated by condition 11 of
Resolution R039-06.
o
5. The area identification sign shall conform to that approved by the Council on March 15,
2005.
o
o
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO R038-06
A RESOLUTION APPROVING THE FINAL PLAT OF "SHAW'S GLEN" FOR
SHADE TREE COMMUNITIES LLC ON PROPERTY LOCATED IN SECTION 15,
TOWNSHIP 32, RANGE 24, LEGALLY DESCRIBED AS:
The south 281.00 feet of the southwest quarter of the southeast quarter of Section 15,
Township 32, Range 24, Anoka County, Minnesota.
WHEREAS, the City Council has approved the preliminary plat of the project to
be known as "Shaw's Glen"; and
WHEREAS, Shade Tree Companies has presented the final plat of Shaw's Glen;
and
WHEREAS; the Andover Review Committee has reviewed such final plat for
conformance with the preliminary plat.
o
NOW, THEREFORE, BE IT RESOLVED by the City Council ofthe City of Andover to
hereby approve the final plat of Shaw's Glen contingent upon receipt of the following:
1. The final plat shall conform to the plan stamped received by the City of
Andover on March 7, 2006.
2. The developer shall be responsible for the cost of construction of all
improvements approved as a part of the preliminary plat.
3. Park dedication and trail fees shall be paid as determined as part of
preliminary plat approval.
4. Such plat approval is contingent upon a development agreement acceptable to
the City Attorney. A financial guarantee will be required as a part ofthis
agreement to assure all of the subdivision improvements will be completed.
5. Subject to final review by City Staff for compliance with City ordinances,
policies, guidelines and conditions of preliminary, landscape plan, and final
plat approval.
6. Developer is responsible for obtaining all permits from U.S. Army Corps of
Engineers, DNR, LGU, watershed district, MPCA and any other agency that
may be interested in the site.
7. Subject to all conditions of the preliminary plat resolution (R008-06) dated
January 17,2006.
Adopted by the City Council ofthe City of Andover this 21 st day of March, 2006.
o
ATlEJ~ 1..lL,b
Victoria V olk, City Clerk
o
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO R037-06
A RESOLUTION APPROVING THE FINAL PLAT OF "WOODLAND CROSSINGS" ON
PROPERTY LOCATED IN SECTION 15, TOWNSHIP 32, RANGE 24, LEGALLY
DESCRIBED AS:
That part of The Southwest Quarter of the Southeast Quarter of Section 15, Township 32, Range
24, Anoka County, Minnesota lying north of the south 347 feet, as measured along the west line
of said Southwest Quarter of the Southeast Quarter, and lying east of the west 1010 feet, as
measured along the south line of said Southwest Quarter of the Southeast Quarter. AND;
The Southeast Quarter of the Southeast Quarter of Section 15, Township 32, Range 24, Anoka
County, Minnesota.
WHEREAS, the City Council has approved the preliminary plat of the project to be known as
"Woodland Crossings"; and
WHEREAS, the Developer has presented the final plat of Woodland Crossings; and
o
WHEREAS; the City Engineer has reviewed such [mal plat for conformance with the
preliminary plat.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to
hereby approve the final plat of Woodland Crossings contingent upon the following:
1. The [mal plat shall conform to the preliminary plat and planned unit development
resolution R017-06 and the final plat drawing stamped received March 16, 2006.
2. The developer obtains all necessary permits from the Coon Creek Watershed District,
DNR, Corps of Engineers, LGU, MPCA, Anoka County Highway Department and any
other agency that may be interested in the site.
3. Park dedication and trail fees shall be paid as determined as a part of preliminary plat
approvaL
4. The developer shall provide a trail easement to allow the construction of the approved
trail from the east end of 157th Lane NW cul-de-sac to Hanson Boulevard.
5. The developer shall be responsible for the cost of construction of all improvements
proposed as a part of the preliminary plat.
6. Contingent upon staff review and approval for compliance with City ordinances, policies
and guidelines and a development agreement acceptable to the City Attorney. A financial
guarantee will be required as a part of this agreement to assure all of the subdivision
improvements will be completed.
Adopted by the City Council of the City of Andover this 21 ,( day of March, 2006.
CITY OF ANDOVER
o
ATtL}-~ ()~
Victoria V olk, City Clerk
o
o
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CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO. 036-06
MOTION by Councilmember
Jacobson
to adopt the following:
A RESOLUTION ADOPTING THE ASSESSMENT ROLL FOR THE IMPROVEMENT OF
SANITARY SEWER & WATER MAIN FOR PROJECT 05-22. LOTS 2 & 3. BLOCK
1/HANSON MEADOWS.
WHEREAS, the developer is in agreement with the assessments and has waived all
rights to a hearing on this assessment pursuant to Minnesota Statutes Annotated, Chapter
429.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF ANDOVER,
MINNESOTA:
1. Such proposed assessment, a copy of which is attached hereto and made part hereof, is
hereby accepted and shall constitute the special assessment against the lands named
therein, and each tract of land therein included is hereby found to be benefited by the
proposed improvement in the amount of the assessment levied against it.
2. Such assessments shall be payable in semi-annual installments, together with principal
and accrued interest, extending over a period of .....Q.... years. The first of the installments to
be payable on or before the 15th day of April 2007, and shall bear interest at the rate of
6 percent per annum from the date of the adoption of the assessment resolution.
3. The owners of any property so assessed may at any time pay the whole of the assessment
on such property with interest accrued to the date of payment to the City Treasurer.
MOTION seconded by Councilmember
Trude and adopted by the City Council
at a reaular meeting this 21st
day of March ,2006 with Council members
Jacobson. Trude. Knioht. Gamache. Ortlel (absent) voting in favor of the resolution, and
Councilmembers
none voting against, whereupon said resolution was declared
passed.
CITY OF ANDOVER
ATTEST:
~ [)ffi
Victoria Volk - City Clerk
o
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO. 035-06
ITEM 7 - LOCAL GOVERNMENT RESOLUTION
BE IT RESOLVED that Todd J. Haas. City of Andover Parks Coordinator act
as legal sponsor for project contained in the Outdoor Recreation Grant Program
Application to be submitted on March 21. 2006 and that Todd J. Haas is
hereby authorized to apply to the Department of Natural Resources for funding of
this project on behalf of the City of Andover .
BE IT RESOLVED that the City of Andover has the legal authority to
apply for financial assistance and financial capability to meet the match
requirement and ensure adequate construction, operation, maintenance and
replacement of the proposed project for its design life.
BE IT FURTHER RESOLVED that the City of Andover has not incurred any
development costs described on Item 5 and has not entered into a written
purchase agreement to acquire property described on Item 4.
o
BE IT FURTHER RESOLVED that upon approval of its application by the State,
the City of Andover may enter into an agreement with the State of Minnesota
for the above referenced project, and that the City of Andover certifies that it
will comply with all applicable laws and regulations as stated in the grant
agreement including dedicating the park property for outdoor recreation uses into
perpetuity.
NOW, THEREFORE BE IT RESOLVED that Todd J. Haas is hereby
authorized to execute such agreement as are necessary to implement the project
on behalf of the applicant.
I CERTIFY THAT the above resolution was adopted by the City Council of
Andover on March 21. 2006
CITY OF ANDOVER
ATTEST:
~R~'(
chael . Gamache - Mayor
o
[~~ ()rl~
Victoria Volk - City Clerk
o
o
o
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO. 034-06
MOTION by Councilmember
Jacobson
to adopt the following:
A RESOLUTION ACCEPTING FEASIBILITY STUDY AND CALLING PUBLIC HEARING FOR THE
IMPROVEMENT OF SANITARY SEWER. WATER MAIN. STREET. STORM SEWER & BALL
FIELD IMPROVEMENTS AT ANDOVER STATION NORTH, PROJECT NOS. 05-32
(WOODLAND CROSSINGS). 05-24 (SHAW'S GLEN). 05-20 (CARDINAL RIDGE) & 05-15
(ANDOVER STATION NORTH BALL FIELD IMPROVEMENTS).
WHEREAS, pursuant to Resolution No. 218-05, adopted the 20h day of December, 2005
a Feasibility Report has been prepared by Bonestroo Rosene Anderlik & Associates (BRM) for
the improvements: and
WHEREAS, such report was received by the City Council on the 8th day of March,
2006; and
WHEREAS, such report declared the proposed assessment to be feasible for an estimated
project cost as follows:
. Cardinal Ridge (05-20) = $1,013,334.14 ($29,803.95/unit)
. Shaw's Glen (05-24) = $291,541.90 ($29,154.19/unit)
. Woodland Crossings (05-32) = $1,425,774.66 ($39,604.85/unit)
. The amount estimated to be funded by the City of Andover for park and trail improvements
is $11,177.97.
. City's cost for Andover Station North Ball Field Improvements (05-15) = $809,646.42
Proposed Deferred Assessments
. Lot 1, Block 1, Shaw's Glen = $144,890.88 (Approximately $28,978.18/unit)
. Scott Allen property = $165,134.59 (Approximately $33,026.92/unit)
. Jerry Putnam property = $357,268.39 (Approximately $29,772.37/unit)
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 Nos. 05-32, 05-24. 05-20 &
05-15, for the improvements.
2. The Council will consider the improvements in accordance with the report and the assessment
of abutting property for all or a portion of the improvement pursuant to Minnesota Statutes
Chapter 429 at an estimated total project cost of $4.221,768.95
3. Assessment to non-developing parcels would be deferred until development or subdivision.
Assessments will be increased by the ENR Construction Index and current fees at the time of
development.
4. A public hearing shall be held on such proposed improvement on the 4th day of _
April , 2006 in the Council Chambers of the City Hall at 7:00 PM and the Clerk shall give
mailed and published notice of such hearing and improvement as required by law.
MOTION seconded by Councilmember Orttel and adopted by the City Council at a _
reqular meeting this 8th day of March , 2006 , with Councilmembers Jacobson. Trude,
Kniqht (absent), OrUel. Gamache voting in favor of the resolution, and Councilmembers _
none voting against, whereupon said resolution was declared passed.
CITY OF ANDOVER
ATTEST:
fLIAw tJ.-tt
Victoria Volk - City Clerk
o
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO. 033-06
MOTION by Councilmember
o rtte I
to adopt the following:
A RESOLUTION ACCEPTING FEASIBILITY REPORT AND CALLING PUBLIC
HEARING ON IMPROVEMENTS OF TULIP STREET NW BETWEEN 161sT
AVENUE NW AND VALLEY DRIVE NW ,PROJECT NO. 05-11.
WHEREAS, pursuant to Resolution No. 210-05, adopted the 6th day of
December, 2005 a Feasibility Report has been prepared by SEH for the
improvements: and
WHEREAS, such report was received by the City Council on the 8th
day of March ,2006; and
WHEREAS, such report declared the proposed assessment to be feasible
for an estimated project cost of $ 1,618,965 ($ 210,519 assessed).
o
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. 05-11,
for the improvements.
2. The Council will consider the improvements in accordance with the report and
the assessment of abutting property for all or a portion of the improvement
pursuant to Minnesota Statutes Chapter 429 at an estimated total project cost
of $ 1,618,965 .
3. A public hearing shall be held on such proposed improvement on the 4th
day of April, 2006 in the Council Chambers of the City Hall at 7:00 PM
and the Clerk shall give mailed and published notice of such hearing and
improvement as required by law.
MOTION seconded by Council member Trude
City Council at a reqular meeting this 8th
and adopted by the
day of March , 2006 , with
Councilmembers Jacobson (abstain), Trude, Kniqht (absent), Orttel. Gamache
Voting in favor of the resolution, and Councilmembers none
voting against, whereupon said resolution was declared passed.
ATTEST:
o -~o.~t
Victoria Volk - City Clerk
o
o
o
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO. 032-06
MOTION by Council member
Jacobson
to adopt the following:
A RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR THE
IMPROVEMENT OF PROJECT NO. 06-4 FOR 2006 SEAL COATING.
WHEREAS, pursuant to advertisement for bids as set out in Council Resolution No.
-06 ,dated Februarv 21, 2006, bids were received, opened and tabulated
according to law with results as follows:
Allied Blacktop Company
Pearson Brothers
Astech Corporation
$327,735.00
$354,160.20
$409,386.00
$312,727.50
Engineer's Estimate
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover
to hereby accept the bids as shown to indicate Allied Blacktop Companv as being
the apparent low bidder.
BE IT FURTHER RESOLVED TO HEREBY direct the Mayor and City Clerk to enter
into a contract with Allied Blacktop Companv in the amount of $327,735.00 for
construction of the improvements; and notify the City of Coon Rapid that the City of
Andover is in concurrence with the award.
MOTION seconded by Council member Trude and adopted by the
City Council at a reqular meeting this 8th day of March , 2006 , with
Council members Jacobson. Trude. Kniqht (absent). Ortlel. Gamache voting in favor
of the resolution, and Council members none voting
against, whereupon said resolution was declared passed.
CITY OF ANDOVER
ATTEST:
d,~~..~ {)"tj."
Victoria Volk - City Clerk
o
o
c
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO 031-06
A RESOLUTION GRANTING A SIX MONTH TIME EXTENSION OF RESOLUTION R052-
05 APPROVING THE PRELIMINARY PLAT OFPARKSIDE AT ANDOVER STATION
WHEREAS, the preliminary plat for Parkside at Andover Station was approved by the
City Council on March 15,2005; and
WHEREAS, the developer has proposed revisions to the approved preliminary plat to add
additional land to the proposed development; and
WHEREAS, the developer has made significant progress on the revised preliminary; and
WHEREAS, the revised preliminary plat will be reviewed by the Planning Commission
and City Council; and
NOW, THEREFORE, BE IT RESOLVED, the City Council of the City of Andover hereby.
approves a six month time extension to begin March 15,2006.
Adopted by the City Council of the City of Andover this 3rd day of March, 2006.
CITY OF ANDOVER
AT~ U~
Victoria V olk, City Clerk
o
o
o
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO. 030-06
A RESOLUTION ESTABLISHING MUNICIPAL STATE AID STREETS.
WHEREAS, it appears to the City Council of the City of Andover that the streets
hereinafter described should be designated as Municipal State Aid Streets under the
provisions of Minnesota Laws of 1967 Chapter 162; and
NOW, THEREFORE BE IT RESOLVED by the City Council of the City of
Andover that these streets described as follows, to wit:
. 152nd Lane NW from Nightingale Street NW to Tower Drive NW
be and hereby established, located and designated as Municipal State Aid
streets of said City, subject to the approval of the Commissioner of Transportation of
the State of Minnesota.
BE IT FURTHER RESOLVED that the City Clerk is hereby authorized and
directed to forward two certified copies of this resolution to the Commissioner of
Transportation for their consideration and upon his approval of the designation of said
streets or portion thereof, that same be constructed, improved and maintained as
Municipal State Aid Streets of the City of Andover and to be known as Municipal State
Aid Streets.
Adopted by the City Council of the City of Andover this 8th day of March ,2006 .
CITY OF ANDOVER
ATTEST:
tJ~.~ ddt
Victoria Volk - City Clerk
Certification
I hereby certify that the above is a true and correct copy of a resolution duly passed,
adopted and approved by the City Council of said City on March 8, 2006.
~ If~
Victoria Volk - City Clerk
o
o
o
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO. 029-06
A RESOLUTION ESTABLISHING MUNICIPAL STATE AID STREETS.
WHEREAS, it appears to the City Council of the City of Andover that the streets
hereinafter described should be designated as Municipal State Aid Streets under the
provisions of Minnesota Laws of 1967 Chapter 162; and
NOW, THEREFORE BE IT RESOLVED by the City Council of the City of
Andover that these streets described as follows, to wit:
. Wintergreen Street NW from 16ih Avenue NW to Ward Lake Drive NW
be and hereby established, located and designated as Municipal State Aid
streets of said City, subject to the approval of the Commissioner of Transportation of
the State of Minnesota.
BE IT FURTHER RESOLVED that the City Clerk is hereby authorized and
directed to forward two certified copies of this resolution to the Commissioner of
Transportation for their consideration and upon his approval of the designation of said
streets or portion thereof, that same be constructed, improved and maintained as
Municipal State Aid Streets of the City of Andover and to be known as Municipal State
Aid Streets.
Adopted by the City Council of the City of Andover this 8th day of March ,2006 .
CITY OF ANDOVER
ATTEST:
. hael R. Gamache - Mayor
flA~~ tJvIb
Victoria Volk - City Clerk
Certification
I hereby certify that the above is a true and correct copy of a resolution duly passed,
adopted and approved by the City Council of said City on March 8, 2006.
fJ.:*-, tJd
Victoria Volk - City Clerk
o
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO. 028-06
MOTION by Councilmember
Jacobson
to adopt the following:
A RESOLUTION ACCEPTING FEASIBILITY STUDY AND WAIVING PUBLIC
HEARING FOR THE IMPROVEMENT OF PROJECT NO. 05-60 FOR
SANITARY SEWER IN THE FOllOWING AREA OF 1516 _148TH lANE
NW.
WHEREAS, the City Council did on the 21 st day of February ,2006,
order the preparation of a feasibility study for the improvement; and
WHEREAS, such feasibility study was prepared by City Enqineer
presented to the Council on the 8th day of March , 2006
and
; and
WHEREAS, the property owners have waived the right to a Public Hearing;
and
o
WHEREAS, the City Council has reviewed the feasibility study and declares
the improvement feasible, for an estimated cost of $ 24.446.37
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Andover to hereby receive the feasibility report with an estimated total cost of
improvements of $ 24.446,37 , waive the Public Hearing and order
improvements.
MOTION seconded by Councilmember Trude
and adopted by the
City Council at a reqular
meeting this 8th
day of March , 2006 , with
Councilmembers Jacobson, Trude. Kniqht (absent). Ortlel. Gamache voting
in favor of the resolution, and Councilmembers none
voting against, whereupon said resolution was declared passed.
CITY OF ANDOVER
ATTEST:
o
~ ()~a~/
Victoria Volk - City Clerk
o
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO. 027-06
MOTION by Councilmember
Jacobson
to adopt the following:
A RESOLUTION DECLARING COST AND DIRECTING PREPARATION OF
ASSESSMENT ROLL FOR THE IMPROVEMENT OF SANITARY SEWER &
WATER MAIN, IN THE FOLLOWING AREA OF LOTS 2 & 3, BLOCK
1/HANSON MEADOWS.
THE CITY COUNCIL OF THE CITY OF ANDOVER HEREBY RESOLVES:
o
WHEREAS, the expenses incurred or to be incurred in the making of such
improvement amount to $ 11,754.68 so that the total cost of the
improvement will be $ 11,754.68
1. NOW, THEREFORE BE IT RESOLVED by the City Council of the City of
Andover, MN: The portion of the cost of such improvement to be paid by the
City is hereby declared to be $ 0.00 the amount to be assessed against
benefited property owners is declared to be $ 11,754.68
2. Assessments shall be payable in equal annual installments extending over a
period of ..Q.... years. The first of the installments to be payable on or before the
1 st Monday in January 2007 , and shall bear interest at the rate of 6
percent per annum from the date of the adoption of the assessment resolution.
3. The City Clerk, with the assistance of the City Engineer shall forthwith calculate
the proper amount to be specially assessed for such improvement against every
assessable lot, piece or parcel of land within the district affected, without regard
to cash valuation, as provided by law, and she shall file a copy of such
proposed assessment in her office for public inspection.
4. The Clerk shall, upon the completion of such proposed assessment, notify the
Council thereof.
MOTION seconded by Councilmember
City Council at a reqular meeting this 8th
Trude and adopted by the
day of March ,2006, with
Councilmembers Jacobson, Trude, Knioht (absent), Ortlel, Gamache
voting in favor of the resolution, and Councilmembers none
voting against, whereupon said resolution was declared passed.
CITY OF ANDOVER
ATTEST:
~~~
Mi ael R. Gamache - Mayor
o
~d4
Victoria Volk - City Clerk
o
CITY OF ANDOVER
COUNTYOFANOKA
STATE OF MINNESOTA
RES. NO. R026-06
A RESOLUTION APPROVING THE CONDITIONAL USE PERMIT REQUEST OF LOUIS
RUDNICKI FOR SIDE YARD SETBACK EXCLUSION AND ZERO LOT LINE
CONSTRUCTION AS PROVIDED BY CITY CODE 12-5-2 ALONG THE SOUTH PROPERTY
LINE OF PARCEL A AND ALONG THE NORTH PROPERTY LINE OF PARCEL B ON
PROPERTY LEGALLY DESCRIBED AS:
PARCEL A:
The North 195 feet of Lot 5, Block 3, Andover Station North, according to the recorded plat
thereof, Anoka County, Minnesota.
PARCELB:
That part of Lot 5, Block 3, Andover Station North, according to the recorded plat thereof, Anoka
County, Minnesota, lying south of the north 195.00 feet thereof.
WHEREAS, Louis Rudnicki has requested a Conditional Use Permit for side yard setback
exclusion and zero lot line construction along the south property line of the subject property, and;
o
WHEREAS, the Planning and Zoning Commission has reviewed the request and has determined
that said request meets the criteria of City Code and would not have a detrimental effect upon the
health, safety, and general welfare of the City of Andover, and;
WHEREAS, the Planning and Zoning Commission recommends to the City Council approval of the
Conditional Use Permit request, and;
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby
agrees with the recommendation ofthe Planning and Zoning Commission and approves the
Conditional Use Permit for side yard setback exclusion and zero lot line construction along the
south property line of Parcel A and the North property line of Parcel B with the following condition:
1. The proposed project shall complete the Commercial Site Plan Process.
2. The building wall constructed along the south property line of Parcel A and along the north
property line of Parcel B shall provide a fire rating acceptable to the Fire Chief.
Adopted by the City Council of the City of Andover on this 21 st day of February, 2006.
o AT~ {)va
Victoria V olk, City Clerk
o
o
o
CITY OF ANDOVER
COUNTYOFANOKA
STATE OF MINNESOTA
RES. NO. 025-06
A RESOLUTION APPROVING THE LOT SPLIT REQUEST OF THE ANDOVER ECONOMIC
DEVELOPMENT AUTHORlTY TO SUBDIVIDE A COMMERCIAL LOT INTO TWO
COMMERCIAL LOTS FOR PROPERTY LOCATED NORTHWEST OF THE INTERSECTION
OF HANSON AND BUNKER LAKE BOULEVARDS AND LEGALLY DESCRlBED AS:
Lot 6, Block 1, Andover Station North, Anoka County, Minnesota.
To be divided into properties to be described as;
PARCEL A: That part of Lot 6, Block 1, ANDOVER STATION NORTH, according to the recorded
plat thereof, Anoka County, Minnesota, lying westerly of the following described line:
Beginning at the most southerly comer of said Lot 6, for the purposes of this description, the south
line of said Lot 6 is assumed to bear North 84 degrees 59 minutes 06 seconds West; thence North 38
degrees 26 minutes 41 seconds West a distance of 90.00 feet; thence North 08 degrees 37 minutes 40
seconds East a distance of 84.75 feet to an angle point on the northwesterly line of said Lot 6, distant
276.48 feet northeasterly of the most westerly comer of said Lot 6, and there terminating.
Subject to easements of record.
PARCEL B: That part of Lot 6, Block 1, ANDOVER STATION NORTH, according to the recorded
plat thereof, Anoka County, Minnesota, lying northeasterly of the following described line:
Beginning at the most southerly comer of said Lot 6, for the purposes of this description, the south
line of said Lot 6 is assumed to bear North 84 degrees 59 minutes 06 seconds West; thence North 38
degrees 26 minutes 41 seconds West a distance of 90.00 feet; thence North 08 degrees 37 minutes 40
seconds East a distance of 84.75 feet to an angle point on the northwesterly line of said Lot 6, distant
276.48 feet northeasterly of the most westerly comer of said Lot 6, and there terminating.
Subject to easements of record.
WHEREAS, the Andover Economic Development Authority, the applicant, has requested approval of
a lot split to subdivide a commercial property pursuant to City Code 13 -1; and
WHEREAS, The Planning and Zoning Commission has reviewed the request and has determined that
said request meets all requirements of City Code 13-1 Splitting Lots, Parcels or Tracts of Land; and
WHEREAS, a public hearing was held pursuant to state statutes; and
WHEREAS, the Planning and Zoning Commission recommends to the City Council approval of the
lot split as requested.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby
agrees with the recommendation of the Planning and Zoning Commission and approves the lot split
on said property subject to the following conditions:
o
o
o
1. The applicant shall file separate easement documents with Anoka County granting easements
as shown on Exhibit A
2. Park dedication fees equal to 10% of the sale price of the land shall be paid to the City at the
time that the lots are sold.
3. The lot split shall be subject to a sunset clause as defined in City Code Chapter 12-1-6-F.
Adopted by the City Council of the City of Andover on this 21 st day of February, 2006.
CITY OF ANDOVER
AT2[ST: I hi;
.~()~
Victoria V olk, City Clerk
ichael R. Gamache, Mayor
o
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO. 024-06
MOTION by Councilmember
Trude
to adopt the following:
A RESOLUTION DENYING THE FEASIBILITY REPORT FOR IMPROVEMENTS
OF 2006 OVERLAYS, PROJECT NO. 06-2 IN THE AREA OF LUNDS
EVERGREEN ESTATES 2ND_5TH ADDITIONS & STENQUIST ADDITION
WHEREAS, a Feasibility Report was prepared by the City Enaineer
and rejected by the City Council on the K.. day of February ,2006; and
WHEREAS, such feasibility report was denied by the City Cou'1cil for an
estimated cost of $ 1,303,600.00 .
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Andover that:
o
1. The City Council hereby denies the Feasibility Report for Project 06-2
for the improvements.
MOTION seconded by Councilmember Jacobson
and adopted by the
City Council at a reqular meeting this 21 st day of February , 2006, with
Councilmembers Trude. Jacobson. Kniaht. Orttel. Gamache voting
in favor of the resolution, and Councilmembers none
voting against, whereupon said resolution was declared passed.
CITY OF ANDOVER
ATTEST:
t1~ UAL/
Victoria Volk - City Clerk
o
o
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO. 023-06
MOTION by Councilmember
Trude
to adopt the following:
A RESOLUTION APPROVING FINAL PLANS AND SPECIFICATIONS FOR
PROJECT NO. 06-4 ,FOR 2006 SEAL COATING .
WHEREAS, pursuant to Resolution No. 013-06 , adopted by the City
Council on the ih day of February , 2006 ,the Citv of Coon Rapids
has prepared final plans and specifications for Project 06-4 for 2006 Seal
Coatinq .
WHEREAS, such final plans and specifications were presented to the City
Council for their review on the 21 st day of February , 2006 .
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Andover to hereby approve the Final Plans and Specifications.
o
BE IT FURTHER RESOLVED by the City Council that bids will be opened
March 3 , 2006 at the Coon Rapids City Hall.
MOTION seconded by Council member Jacobson and adopted by the
City Council at a reqular meeting this 21st day of February , 2006 , with
Councilmembers Trude. Jacobson. Kniqht. Orttel. Gamache
voting in favor of the resolution, and Councilmembers
against, whereupon said resolution was declared passed.
none
voting
CITY OF ANDOVER
ATTEST:
1lJ;~ O.rlb
Victoria Volk - City Clerk
o
o
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO. 022-06
MOTION by Councilmember
Trude
to adopt the following:
A RESOLUTION APPROVING FINAL PLANS AND SPECIFICATIONS AND
ORDERING ADVERTISEMENT FOR BIDS FOR PROJECT NO. 06-3 , FOR
2006 CRACK SEALING .
WHEREAS, pursuant to Resolution No. 014-06 , adopted by the City
Council on the ih day of Februarv , 2006 , the Citv Enqineer has
prepared final plans and specifications for Project 06-3 for 2006 Crack Sealinq .
WHEREAS, such final plans and specifications were presented to the City
Council for their review on the 21 st day of Februarv , 2006 .
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Andover to hereby approve the Final Plans and Specifications.
o
BE IT FURTHER RESOLVED by the City Council of the City of Andover to hereby
direct the City Clerk to seek public bids as required by law, with such bids to be
opened at 10:00 AM , March 23 , 2006 at the Andover City Hall.
MOTION seconded by Councilmember Jacobson and adopted by the
City Council at a reqular meeting this 21st day of Februarv , 2006 , with
Councilmembers Trude. Jacobson. Kniqht. Orttel. Gamache
voting in favor of the resolution, and Councilmembers
against, whereupon said resolution was declared passed.
none
voting
CITY OF ANDOVER
ATTEST:
o
f1;;t-~ U"I/J
Victoria Volk - City Clerk
o
o
o
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO. 021-06
MOTION by Councilmember
Trude
to adopt the following:
A RESOLUTION ADOPTING THE ASSESSMENT ROLL FOR THE IMPROVEMENT OF
PROJECT NO. 05-18 FOR STREETS & STORM SEWER FOR WINTERGREEN STREET
NW (NORTH OF 16fH AVENUE NW) THROUGH COUNTRY OAKS WEST AND TURN
LANE IMPROVEMENTS TO 161s1 AVENUE NW .
WHEREAS, the developer is in agreement with the assessments and has waived all
rights to a hearing on this assessment pursuant to Minnesota Statutes Annotated, Chapter
429.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF ANDOVER,
MINNESOTA:
1. Such proposed assessment, a copy of which is attached hereto and made part hereof, is
hereby accepted and shall constitute the special assessment against the lands named
therein, and each tract of land therein included is hereby found to be benefited by the
proposed improvement in the amount of the assessment levied against it.
2. Such assessments shall be payable in semi-annual installments, together with principal
and accrued interest, extending over a period of.....Q.... years. The first of the installments to
be payable on or before the 15th day of April 2007, and shall bear interest at the rate of
6 percent per annum from the date of the adoption of the assessment resolution.
3. The owners of any property so assessed may at any time pay the whole of the assessment
on such property with interest accrued to the date of payment to the City Treasurer.
MOTION seconded by Councilmember Jacobson
and adopted by the City Council
at a reqular meeting this 21st
day of February, 2006 with Councilmembers
Trude, Jacobson. Kniqht, Orttel. Gamache
voting in favor of the resolution, and
Councilmembers none
voting against, whereupon said resolution was declared
passed.
CITY OF ANDOVER
ATTEST:
~ U...tV
Victoria Volk - City Clerk
o
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO. 020-06
MOTION by Councilmember
Trude
to adopt the following:
A RESOLUTION DECLARING ADEQUACY OF PETITION AND ORDERING
PREPARATION OF A FEASIBILITY REPORT FOR THE IMPROVEMENT OF
SANITARY SEWER, PROJECT NO. 05-60, IN THE AREA OF 1516 _148TH
LANE NW.
WHEREAS, the City Council has received a petition, dated February g,
2006 requesting the construction of improvements; and
WHEREAS, such petition has been validated to represent the signatures of
100% of the affected property owners requesting such improvement.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Andover that:
o
1. The petition is hereby declared to be 100% of owners of property affected,
thereby making the petition unanimous.
2. Escrow amount for feasibility report is 0
3. The proposed improvement is hereby referred to the Citv Enqineer and he is
instructed to provide the City Council with a feasibility report.
MOTION seconded by Councilmember Jacobson
and adopted by the
City Council at a reqular meeting this 21st
day of February , 2006, with
Councilmembers Trude. Jacobson. Kniqht. Orttel. Gamache
voting in
favor of the resolution, and Councilmembers
none
voting
against, whereupon said resolution was declared passed.
CITY OF ANDOVER
ATTEST:
o
~ (J.Lb
Victoria Volk - City Clerk
o
o
o
CITY OF ANDOVER
COUNTYOFANOKA
STATE OF MINNESOTA
RES. NO R019-06
A RESOLUTION APPROVING THE PRELIMINARY PLAT OF "KENSINGTON ESTATES
7TH ADDITION" FOR KENSINGTON INe. ON PROPERTY LOCATED IN SECTION 27,
TOWNSHIP 32 RANGE 24 LEGALLY DESCRIBED AS:
Outlot B, Kensington Estates 4th Addition, Anoka County, Minnesota.
WHEREAS, the Andover Review Committee has reviewed the preliminary plat; and
WHEREAS, pursuant to published and mailed notice thereof, the Planning Commission has
conducted a public hearing on said plat, and;
WHEREAS, as a result of such public hearing, the Planning Commission recommends to the
City Council the approval of the plat, and;
WHEREAS, the applicant has petitioned to vary from City Code 12-3-4 to allow Lot 2, Block 1
to have a width of 72 feet at the front setback, and;
WHEREAS, the Planning Commission recommends approval of the variance based on the
finding that the 200-foot no-build buffer surrounding the WDE landfill imposes significant
restrictions on this piece of property, and;
WHEREAS, the Park Dedication Fee for Kensington Estates ih Addition was paid in full as a
part of the Kensington Estates 4th Addition plat, and;
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby
approves the preliminary plat subject to the following conditions:
1. The Preliminary Plat shall address all comments from the Engineering department and
Community Development prior to City Council approval.
2. The developer shall pay a Trail Fee of$7,080.
3. The developer obtains all necessary permits from the Coon Creek Watershed District,
DNR, Corps of Engineers, LGU, MPCA, Anoka County Highway Department and any
other agency that may be interested in the site.
4. The developer shall be responsible for the cost of construction of all improvements
proposed as a part of the preliminary plat.
5. Contingent upon staff review and approval for compliance with City ordinances, policies
and guidelines.
o
o
o
6. Such plat approval is contingent upon a development agreement acceptable to the City
Attorney. A financial guarantee will be required as a part of this agreement to assure all
of the subdivision improvements will be completed.
7. A variance to City Code 12-3-4 to allow Lot 2, Block 1 to have a width of 72 feet at the
front yard setback is hereby approved.
8. A separate trail easement shall be required on Sheet 1 of 6 east of Lot 3, Block 1 and on
Lot 4, Block 3, which must be submitted as part of the final plat.
9. The plat shall be modified to make Lot 3, Block 1 end at a point just north of the ponding
area. Lot 4, Block 3 shall be enlarged to accept the additional area from Lot 3, Block 1.
Adopted by the City Council of the City of Andover this 7th day of February, 2006.
ATTEST:
!1.J~ Jk/L.;
Victoria V olk, City Clerk
o
CITY OF ANDOVER
COUNTYOFANOKA
STATE OF MINNESOTA
RES. NO. R018-06
A RESOLUTION GRANTING THE REQUEST OF WOODLAND DEVELOPMENT
CORPORATION TO VACATE ROAD RIGHT-OF-WAY ON lS7TH LANE NW
LEGALLY DESCRIBED AS:
All that part of lsih Lane NW lying within the Southeast Quarter of the Southeast
Quarter of Section 15, Township 32, Range 25, Anoka County, Minnesota.
WHEREAS, Woodland Development Corporation has requested that the road right-of-
way be vacated;
WHEREAS, the City Council finds the request would not have a detrimental
effect upon the health, safety, moral, and general welfare of the City of Andover;
and
WHEREAS, a public hearing was held and there was no opposition to the request.
o
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover
hereby grants the vacation of the road right-of-way as requested subject to the following
conditions:
1) The area vacated shall conform to the survey and legal description shown on Exhibit
A.
2) Appropriate road right-of-way shall be dedicated to the City through the plat for
Woodland Crossing.
Adopted by the City Council of the City of Andover on this 7th day of February 2006.
CITY OF ANDOVER
ATTEST
~ ()ffi
Victoria V olk, City Clerk
o
o
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CITY OF ANDOVER
COUNTYOFANOKA
STATE OF MlNNESOTA
RES. NO R017-06
A RESOLUTION APPROVING THE PRELIMINARY PLAT WHICH INCLUDES PLANNED
UNIT DEVELOPMENT REVIEW OF "WOODLAND CROSSINGS" FOR PROPERTY
LOCATED IN SECTION 15, TOWNSHIP 32, RANGE 24, ANOKA COUNTY, MlNNESOTA.
DESCRIBED AS;
That part of The Southwest Quarter of the Southeast Quarter of Section 15, Township 32, Range
24, Anoka County, Minnesota lying north of the south 347 feet, as measured along the west line
of said Southwest Quarter of the Southeast Quarter, and lying east of the west 1010 feet, as
measured along the south line of said Southwest Quarter of the Southeast Quarter.
AND
The Southeast Quarter of the Southeast Quarter of Section 15, Township 32, Range 24, Anoka
County, Minnesota
WHEREAS, Woodland Development has requested approval of a preliminary plat with Planned
Unit Development Review of Woodland Crossings; and
WHEREAS, the Andover Review Committee has reviewed the preliminary plat; and
WHEREAS, pursuant to published and mailed notice thereof, the Planning Commission has
conducted a public hearing on said plat; and
WHEREAS, the Planning Commission has reviewed the request and has determined that said
request meets the criteria of City Code 13 Planned Unit Development; and
WHEREAS, the applicant has requested approval ofa variance to City Code ll-3-3G. to allow a
street terminating in a cul-de-sac to exceed 500 feet in length; and
WHEREAS, the Planning Commission recommends approval of the variance based on finding
that the proposed street provides the only feasible access to property otherwise surrounded by
wetland; and
WHEREAS, the Planning Commission recommends to the City Council the approval of the plat
with planned unit development review, and;
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby
agrees with the recommendation of the Planning and Zoning Commission and approves the
Preliminary Plat with Planned Unit Development Review, with the following conditions:
o
o
1. The Preliminary Plat shall conform to the plans revised January 28, 2006 and stamped
received on January 31, 2006. The PUD status applies only to the townhome areas.
2. The development shall conform to City Code Titles 11, 12, and 13, as well as Exhibit B
"Woodland Crossing Design Standards". Exhibit B shall regulate when in conflict with
the City Code.
3. Exhibit B shall regulate the lot dimensions, setbacks, and landscaping plan for the
proposed development.
4. A variance to City Code 11-3-3G. to allow the extension ofl57th Lane NWto terminate
in a cul-de-sac exceeding 500 feet in length is hereby approved.
5. There shall be no parking posted on one side of all streets within the plat that are 28 feet
wide.
6. All existing overhead utilities shall be removed and placed underground.
7. The developer shall be responsible for the cost of a five foot wide sidewalk from the east
side of proposed Jay StreetNW to the end of the proposed cul-de-sac for 157th Lane NW.
The developer shall also be responsible for a proportionate share of the sidewalk from the
west side of proposed Jay Street NW to Nightingale Street NW.
8. The developer shall provide at their expense an eight foot wide bituminous trail from the
end of the cul-de-sac of proposed 157th Lane NW to the right-of-way for Hanson
Boulevard.
9. The developer shall provide at their expense, not to exceed $52,609.00, an eight foot wide
bituminous trail from the trail described in the previous condition to connect with the
existing trail along Hanson Boulevard at 155th Lane NW.
10. The developer shall be responsible for a proportionate share of the cost of turn lane
improvements at the intersection of Nightingale Street NW and 157th Lane NW and the
intersection of Nightingale Street NW and l58th Lane NW as determined by the number
of lots that will be served by these improvements.
11. Park dedication and trail fees shall be paid on a per lot basis for the 24 single family lots
at the rate in effect at the time of preliminary plat approval, subject to increase as allowed
by state statute in the event the plat is not recorded within two years.
12. Park land shall be dedicated to the City as shown on the preliminary plat revised January
18, 2006 and stamped received on January 27, 2006. Additional park improvements that
are required as a part ofPUD approval include construction of a nine foot by eighteen
foot 'Mingus' picnic shelter, or similar to be agreed upon with staff, including concrete
slab and a forty two foot by forty two foot half court basketball facility. These items shall
be constructed .at the developer's expense.
13. The developer shall provide at their expense trees to meet or exceed those shown on the
park layout dated November 16, 2005 and reviewed by the Park Commission on
November 17, 2005.
14. Each home shall at a minimum have at least two architectural andlor color components
that differ from a neighboring home. No two adjacent homes shall be allowed to have
identical color and architectural appearance as determined by staff at the time of building
permit.
15. The developer obtains all necessary permits from the Coon Creek Watershed District,
DNR, Corps of Engineers, LGU, MPCA, Anoka County Highway Department and any
other agency that may be interested in the site.
o
o 16. Contingent upon staffreview and approval for compliance with City ordinances, policies
and guidelines.
17. Such plat approval is contingent upon a development agreement acceptable to the City
Attorney.
18. A property owners association shall be created for the POO area of the plat with the
following documents provided to the City Attorney for review and approval prior to being
recorded with the final plat in accordance with City Code 11-2-3:
a. Articles of Incorporation
b. By-laws of the association
c. Declaration of covenants, conditions and restrictions regulating the properties,
exterior maintenance of the homes and maintenance of the common areas.
19. The 10.99 acre lot will be allowed to be created provided the right of access is dedicated
to Anoka County and when the developer is done using the outlot for wetland
banking/mining it is deeded to the City as permanent open space. The developer shall
provide, to the city attorney for his approval, documentation that requires such transfer to
be made.
20. The letter dated January 26,2006 from Byron Westlund and the terms agreed to in it
shall be a part of the approval of the Planned Unit Development.
Adopted by the City Council of the City of Andover this 7th day of February, 2006.
o
CITY OF ANDOVER
AT~:.
A..J ()dL/
Victoria V olk, City Clerk
o
o
Woodland Crossings Preliminary Plat Resolution
EXHIBIT B
Woodland Crossings Design Standards
1) The lot sizes and building setbacks shall conform to the Preliminary Plat drawing revised
January 28, 2006 and stamped received on January 31, 2006.
2) Each home shall at a minimum have at least two architectural and/or color components
that differ from a neighboring home. No two adjacent homes shall be allowed to have
identical color and architectural appearance as determined by staff at the time of building
permit.
3) The Landscaping Plan shall conform to the plan dated January 27,2006 and stamped
received on January 27, 2006 and shall also include trees to meet or exceed those shown
on the park layout dated November 16, 2005 and reviewed by the Park Commission on
November 17,2005.
Q
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CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO. 016-06
A RESOLUTION APPROVING THE LOT SPLIT REQUEST OF THE ANDOVER ECONOMIC
DEVELOPMENT AUTHORITY TO SUBDIVIDE A COMMERCIAL LOT INTO TWO
COMMERCIAL LOTS FOR PROPERTY LOCATED NORTHWEST OF THE INTERSECTION OF
HANSON AND BUNKER LAKE BOULEVARDS AND LEGALLY DESCRIBED AS:
Lot 5, Block 3, Andover Station North, Anoka County, Minnesota.
To be divided into properties to be described as;
PARCEL A: The north 195 feet of Lot 5, Block 3, Andover Station North, according to the recorded plat
thereof, Anoka County, Minnesota.
Subject to easements of record.
PARCEL B: That part of Lot 5, Block 3, Andover Station North, according to the recorded plat thereof,
Anoka County, Minnesota, lying south of the north 195.00 feet thereof.
Subject to easements of record.
WHEREAS, the Andover Economic Development Authority, the applicant, has requested approval of a
lot split to subdivide a commercial property pursuant to City Code 13-1; and
WHEREAS, The Planning and Zoning Commission has reviewed the request and has determined that
said request meets all requirements of City Code 13-1 Splitting Lots, Parcels or Tracts of Land; and
WHEREAS, a public hearing was held pursuant to state statutes; and
WHEREAS, the Planning and Zoning Commission recommends to the City Council approval of the lot
split as requested.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby agrees
with the recommendation of the Planning and Zoning Commission and approves the lot split on said
property subject to the following conditions:
1. The applicant shall file separate easement documents with Anoka County granting easements as
shown on Exhibit A
2. Park dedication fees equal to 10% of the sale price of the land shall be paid to the City at the time
that the lots are sold.
3. The lot split shall be subject to a sunset clause as defined in City Code Chapter 12-1-6-F.
Adopted by the City Council of the City of Andover on this 7th day of February, 2006.
CITY OF ANDOVER
ATIEST: .
I... .
t A~ ()./,L/.
Victoria Volk, City Clerk
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CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO. R015-06
RESOLUTION APPROVING A LOT SPLIT FOR PROPERTY LOCATED AT 3480
BUNKER LAKE BOULEVARD NW LEGALLY DESCRIBED AS FOLLOWS:
The West 300 feet of that part of the Northwest Quarter of the Southwest Quarter of Section 32,
Township 32, Range 24, lying East of the West 733.02 feet thereof and lying North of the North
line of 136th Lane NW and its Easterly extension as now laid out and platted in the plats of
Chapman's Second and Third Additions, Anoka County, Minnesota
WHEREAS the applicant has requested approval of a lot split to subdivide property pursuant to
City Code 13-1; and
WHEREAS, a public hearing was held pursuant to state statutes; and
WHEREAS, the Planning and Zoning Commission has reviewed the request and has determined
that said request substantially meets the criteria of City Code 13-1; and
o
WHEREAS, the applicant has requested a variance to the minimum lot width and side yard
setback from property lines adjacent to a street requirements of the Neighborhood Business
Zoning District; and
WHEREAS the Planning Commission fmds that Anoka County bisected the property after the
existing structure was constructed with the construction of Rose Street. Without this street the
property would be able to be subdivided and meet the minimum lot width and side yard setback
requirements of the Neighborhood Business Zoning District; and
WHEREAS, the Planning and Zoning Commission recommends to the City Council approval of
the lot split with variances to minimum lot width and side yard setback requirements; and
o
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby
agrees with the recommendation of the Planning and Zoning Commission and approves the lot
split on said property with the following conditions:
1. The lot split shall conform to the survey dated December 15, 2005.
2. A variance to the minimum lot width requirement is hereby approved for both Parcel A
and Parcel B.
3. A variance to the side yard setback from property lines adjacent to a street is hereby
approved for the existing structuie on Parcel A.
4. The applicant shall pay park dedication as required by City Code 11-3-7 prior to release
of the lot split for recording with Anoka County.
5. That the lot split be subject to a sunset clause as defmed in City Code 13-1.
Adopted by the City Council of the City of And~ .' . ~tIi... of bruary.2 6.
CITY OF ANDOVER ,~.
ATTEST: ..Mike Gamache, Mayor
tL~ u../b
Victoria V olk, City Clerk
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CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO. 014-06
MOTION by Councilmember
Jacobson
to adopt the following:
A RESOLUTION ORDERING IMPROVEMENT AND DIRECTING PREPARATION OF
PLANS AND SPECIFICATIONS FOR THE IMPROVEMENT OF PROJECT NO. 06-3
FOR THE 2006 CRACK SEALING .
WHEREAS, the City Council is cognizant of the need for the crack sealing
improvements; and
NOW, THEREFORE BE IT RESOLVED by the City Council to order the
improvement of 2006 Crack Sealinq , Project 06-3; and
o
BE IT FURTHER RESOLVED by the City Council to hereby direct the ....Qi!Y.
Enqineer to prepare the plans and specifications for such improvement project.
MOTION seconded by Councilmember Trude and adopted by the
City Council at a reqular meeting this 7th day of February , 2006 , with
Councilmembers Jacobson. Trude. Kniqht. Orttel. Gamache voting
in favor of the resolution, and Councilmembers none
voting against, whereupon said resolution was declared passed.
CITY OF ANDOVER
ATTEST:
tJ..A~ tJdL/
Victoria Volk - City Clerk
o
o
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO. 013-06
MOTION by Councilmember
Jacobson
to adopt the following:
A RESOLUTION ORDERING IMPROVEMENT AND DIRECTING PREPARATION OF
PLANS AND SPECIFICATIONS FOR THE IMPROVEMENT OF PROJECT NO. 06-4
FOR THE 2006 SEAL COATING.
WHEREAS, the City Council is cognizant of the need for the seal coating
improvements; and
NOW, THEREFORE BE IT RESOLVED by the City Council to order the
improvement of 2006 Seal Coatina , Project 06-4; and
o
BE IT FURTHER RESOLVED by the City Council to hereby direct the Citv of
Coon Rapids to prepare the plans and specifications for such improvement project.
MOTION seconded by Councilmember Trude and adopted by the
City Council at a reaular meeting this ih day of February , 2006 , with
Councilmembers Jacobson. Trude. Kniqht. Orttel. Gamache voting
in favor of the resolution, and Councilmembers none
voting against, whereupon said resolution was declared passed.
CITY OF ANDOVER
ATTEST:
~ tJffi
Victoria Volk - City Clerk
o
o
o
o
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO. 012-06
MOTION by Councilmember
Jacobson
to adopt the following:
A RESOLUTION DECLARING COSTS AND DIRECTING PREPARATION OF ASSESSMENT ROLL
FOR THE IMPROVEMENT PROJECT NO. 05-18 FOR STREETS & STORM SEWER FOR
WINTERGREEN STREET NW (NORTH OF 16f;! AVENUE NW) THROUGH COUNTRY OAKS
WEST AND TURN LANE IMPROVEMENTS TO 161sT AVENUE NW .
THE CITY COUNCIL OF THE CITY OF ANDOVER HEREBY RESOLVES:
WHEREAS, a contract has been entered into for the construction of the improvements and the
contract price for such improvement is $385.960.05 plus $10.093.00 for seal coat, and the
expenses incurred or to be incurred in the making of such improvement amount to $120.993.22 and
charges previously assessed in the amount of $0.00 , so that the total cost of the improvement will be
$517.046.27 .
NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Andover, MN:
1. The portion of the cost of such improvement to be paid by the City is hereby declared to be
$44.088.77 the amount to be assessed against benefited property owners is declared to be
$472.957.50 .
2. Such assessments shall be payable in semi-annual installments, together with principal and
accrued interest, extending over a period of 5 years. The first of the installments to be
payable on or before the 15th day of April 2007, and shall bear interest at the rate of-.2.... percent
per annum from the date of the adoption of the assessment resolution.
3. The City Clerk, with the assistance of the City Engineer shall forthwith calculate the proper amount
to be specially assessed for such improvement against every assessable lot, piece or parcel of land
within the district affected, without regard to cash valuation, as provided by law, and she shall file a
copy of such proposed assessment in her office for public inspection.
4. The Clerk shall, upon the completion of such proposed assessment, notify the Council thereof.
MOTION seconded by Councilmember
Trude
and adopted by the City Council
at a reaular meeting this ih
day of Februarv
, 2006 , with Councilmembers
Jacobson. Trude. Kniaht. Orttel. Gamache
voting in favor of the resolution, and
Councilmembers
none
voting against, whereupon said resolution was declared
passed.
CITY OF ANDOVER
ATTEST:
~ Uv/b
Victoria Volk - City Clerk
o
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO. 011-06
MOTION by Councilmember
Jacobson
to adopt the following:
A RESOLUTION APPROVING CHANGE ORDER #~ TO PROJECT NO.
04-36. LIFT STATION #4 IMPROVEMENTS.
WHEREAS, the City of Andover has a contract for Project No. 04-36 with
Penn Contractinq. Inc. of Blaine. MN
NOW THEREFORE, BE IT RESOLVED by the City Council of Andover to
hereby approve the change order to Project No. 04-36.
o
Adopted by the City Council of the City of Andover this
Februarv , 2006.
7th
day of
CITY OF ANDOVER
ATTEST:
~{)~
Victoria Volk - City Clerk
o
o
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO. 010-06
MOTION by Council member
Jacobson
to adopt the following:
A RESOLUTION ADOPTING THE ASSESSMENT ROLL FOR THE
IMPROVEMENT OF SANITARY SEWER & WATER MAIN, PROJECT NO. 05-29.
14355 CROSSTOWN BOULEVARD NW.
WHEREAS, the property owner has waived their right to a public hearing.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
ANDOVER, MINNESOTA:
o
1. Such proposed assessment, a copy of which is attached hereto and made part
hereof, is hereby accepted and shall constitute the special assessment against
the lands named therein, and each tract of land therein included is hereby found
to be benefited by the proposed improvement in the amount of the assessment
levied against it.
2. Such assessment shall be payable in equal annual installments, extending over a
period of -1L- years, the first of the installments to be payable on or before the
1 st Monday in January. 2007 and shall bear interest at a rate of 6 percent
per annum from the date of the adoption of this assessment resolution.
3. The owner of any property so assessed may, at any time prior to certification of
the assessment or the first installment thereof to the county auditor, pay the
whole of the assessment on such property, with interest accrued to the date of
payment, to the municipal treasurer, except that no interest shall be charged if the
entire assessment is paid within 30 days from the adoption thereof; and, except
as hereinafter provided, the owner may at any time prior to November 15 of any
year, prepay to the treasurer of the municipality having levied said assessments,
the whole assessment remaining due with interest accrued to December 31 of
the year in which said prepayment is made.
MOTION seconded by Councilmember Kniqht and adopted by the
City Council at a reqular meeting this 1 ih day of January ,2006, with
Councilmembers Jacobson. Kniqht. o rtte I (abstain). Gamache. Trude
voting in favor of the resolution, and Councilmembers
against, whereupon said resolution was declared passed.
CITY OF ANDOVER
none
voting
o
ATTEST:
~ R~."" ~~
Mich~ R. Gamache - Mayor
frw(),&
Victoria Volk - City Clerk
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CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO R009-06
A RESOLUTION APPROVING THE PRELIMINARY PLAT OF "CARDINAL RIDGE" FOR
PROPERTY LOCATED IN SECTION 15, TOWNSHIP 32, RANGE 24, ANOKA COUNTY,
MINNESOTA, DESCRIBED AS;
That part of the west 700 feet of the Southwest Quarter of the Southeast Quarter of Section IS,
Township 32, Range 24, Anoka County, Minnesota lying north of the south 659 feet thereof.
EXCEPT that part of said Southwest Quarter of the Southeast Quarter platted as Anoka County
Highway Right-of-Way Plat No.2, Anoka County, Minnesota
AND
The north 312 feet of the south 659 feet of the west 700 feet of the Southwest Quarter of the
Southeast Quarter of Section 15, Township 32, Range 24, Anoka County, Minnesota as measured
along the south and west lines thereof
EXCEPT that part of said Southwest Quarter of the Southeast Quarter platted as Anoka County
Highway Right-of-Way Plat No.2, Anoka County, Minnesota
WHEREAS, Minks Custom Homes has requested approval of a preliminary plat for Cardinal
Ridge; and
WHEREAS, the Andover Review Committee has reviewed the preliminary plat; and
WHEREAS, pursuant to published and mailed notice thereof, the Planning Commission has
conducted a public hearing on said plat; and
WHEREAS, the applicant has requested approval of a variance to City Code ll-3-6H.. to allow
lots 1-9 of Block 1 to be double frontage lots; and
WHEREAS, the Planning Commission recommends approval of the variance based on the
following findings:
1. The City has requested two street connections with Nightingale Street NW. The location
of the first connection is already established with existing 1 57th Lane NW. The location
of the second access is dictated by spacing requirements and the necessity to provide
adequate space for turn lane improvements. Consequently, the plat has been designed to
accommodate the street connections and results in double frontage lots along Nightingale
Street NW.
WHEREAS, as a result of such public hearing, the Planning Commission recommends to the
City Council the approval of the plat, and;
o
o
o
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby
agrees with the recommendation of the Planning and Zoning Commission and approves the
Preliminary Plat, with the following conditions:
1. The Preliminary Plat shall conform to the plans revised December 6, 2005 and stamped
received on December 12, 2005.
2. Such approval is contingent upon approval of rezoning the subject property from R-1 to
R-4. Should the rezoning application fail to be approved this resolution shall be null and
void.
3. A variance is approved to allow Lots 1-9, Block 1 to be double frontage lots.
4. The Plat shall provide screening for the double frontage lots as required by City Code 12-
14-5. The developer shall provide a planting plan to be approved with the final plat.
5. The developer obtains all necessary permits from the Coon Creek Watershed District,
DNR, Corps of Engineers, LGU, MPCA, Anoka County Highway Department and any
other agency that may be interested in the site.
6. Park dedication and trail fees shall be paid on a per unit basis as established by the City
Code. Rate increases shall be subject to State Statute.
7. The developer shall be responsible for the cost of construction of all improvements
proposed as a part of the preliminary plat.
8. All existing overhead utilities shall be removed and placed underground.
9. A sidewalk shall be provided along 1 57th Lane NW from Nightingale Street NW to
proposed Jay Street NW. The cost of the sidewalk shall be divided proportionately
among the property owners based on the number of lots that can be achieved in the south
half of the southeast quarter of section 15, Township 32, Range 24, Anoka County,
Minnesota.
10. The developer shall be responsible for a proportionate share of the cost of turn lane
improvements at the intersection of Nightingale Street NW and 1 57th Lane NW and the
intersection of Nightingale Street NW and 15Sth Lane NW as determined by the number
of lots that will be served by these improvements.
11. Contingent upon staff review and approval for compliance with City ordinances, policies
and guidelines.
12. Such plat approval is contingent upon a development agreement acceptable to the City
Attorney.
Adopted by the City Council of the City of Andover this 17th day of January, 2006.
CITY OF ANDOVE
ATTEST:
.!1:A';;;,~ I ),/L
Victoria V olk, City Clerk
o
o
o
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO. ROOS-06
A RESOLUTION APPROVING THE PRELIMINARY PLAT OF "SHAW'S GLEN" FOR
SHADE TREE COMMUNITIES LLC ON PROPERTY LOCATED IN SECTION 15,
TOWNSHIP 32 RANGE 24 LEGALLY DESCRIBED AS:
The south 281.00 feet of the southwest quarter of the southeast quarter of Section 15, Township
32, Range 24, Anoka County, Minnesota.
WHEREAS, the Andover Review Committee has reviewed the preliminary plat; and
WHEREAS, pursuant to published and mailed notice thereof, the Planning Commission has
conducted a public hearing on said plat, and;
WHEREAS, as a result of such public hearing, the Planning Commission recommends to the
City Council the approval of the plat, and;
NOW, THEREFORE, BE IT RESOLVED, that the City Council ofthe City of Andover hereby
approves the preliminary plat subject to the following conditions:
1. The Preliminary Plat shall address all comments from the Engineering department and
Community Development prior to City Council approval.
2. The developer shall pay a Park Dedication Fee of $24,250 and a Trail Fee of $5,900.
3. The developer obtains all necessary permits from the Coon Creek Watershed District,
DNR, Corps of Engineers, LGU, MPCA, Anoka County Highway Department and any
other agency that may be interested in the site.
4. The developer shall be responsible for the cost of construction of all improvements
proposed as a part of the preliminary plat subject to the provisions of condition #8 below.
5. Contingent upon staff review and approval for compliance with City ordinances, policies
and guidelines.
6. Such plat approval is contingent upon a development agreement acceptable to the City
Attorney. A financial guarantee will be required as a part of this agreement to assure all
of the subdivision improvements will be completed.
7. The developer shall be responsible for a proportionate share of the cost of turn lane
improvements at the intersection of Nightingale Street NW and 1 57th Lane NW and the
intersection of Nightingale Street NW and 158th Lane NW as determined by the number
of lots that will be served by these improvements.
8. A sidewalk shall be provided along 1 57th Lane NW from Nightingale Street NW to
proposed Jay Street NW. The cost of the sidewalk shall be assessed and divided
proportionately among the property owners based on the number of lots that can be
o
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achieved in the south half of the southeast quarter of section 15, Township 32, Range 24,
Anoka County, Minnesota.
9. All existing overhead utilities shall be removed and placed underground.
10. The driveway located at 15711 Nightingale Street NW shall be moved off Nightingale
Street and onto 157th Lane NW.
Adopted by the City Council of the City of Andover this 17th day of January, 2006.
AT1lJ}:
· A~.I a../b
Victoria V olk, City Clerk
CITY OF ANDOVER
~ />::?d /
04/ K~"4...A'e'
rChaeliR. Gamache, Mayor
o
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
R 007-06
A RESOLUTION GRANTING A SIX MONTH TIME EXTENSION FOR THE DEER OAKS
FINAL PLAT TO BE RECORDED WITH ANOKA COUNTY FOR PROPERTY LEGALLY
DESCRIBED AS FOLLOWS:
The Southeast Quarter of the Northeast Quarter of Section 8, Township 32, Range 24, EXCEPT
the North 330 feet of the East 660 feet thereof (as measured along the East and North lines
thereof) Also EXCEPT that part platted as PRAlRlE MEADOWS; Also EXCEPT Road; Subject
to Easement of Record.
AND
That part of the Southeast Quarter of the Northeast Quarter Section 8, Township 32, Range 24
Described as follows: Beginning at the Northeast corner thereof and continuing West along
North line thereof for 660 feet; thence South and parallel with the East line of the Southeast
Quarter of Northeast Quarter a distance of330 feet; thence East and parallel to the North line
thereof to part of the intersection with the East line thereof; thence North Along the East line of
said Southeast Quarter of the Northeast Quarter to Point of Beginning; Subject to Road Easement
over easterly portion thereof.
o
WHEREAS, the final plat for Deer Oaks was approved by the City Council on August 4,
2004; and
WHEREAS, the City approved a six month time extension that will expire on February 4,
2006; and
WHEREAS, the developer has made significant progress in preparing the site for
development; and
WHEREAS, the developer has encountered difficulty in resolving plat comments
received from the Anoka County Highway Department after the plat was approved; and
WHEREAS, there have been no significant changes that would affect the Deer Oaks plat
since the final plat was approved; and
NOW, THEREFORE, BE IT RESOLVED, the City Council of the City of Andover hereby
approves a six month time extension to begin August 4, 2005 with the following conditions:
1. The plat shall conform to the plat approved by the City Council on August 4,2004.
2. The plat shall be recorded with Anoka County prior to August 4, 2006.
Adopted by the City Council of the City of Andover this 17th day of January, 2006.
CITY OF ANDOVER
O ATTEST: :1- . II /~
U ,Z;:,,,,-, {/.rCP
Victoria V olk, City Clerk
o
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO. 006-06
A RESOLUTION APPROVING A 35 MPH SPEED LIMIT ALONG STATION PARKWAY
NW BETWEEN CROSSTOWN BOULEVARD NW AND HANSON BOULEVARD NW.
WHEREAS, 35 MPH speed limit signs contingent upon curves and hazards being
signed with the appropriate advance curve and warming signs, including appropriate
speed advisory plates, in accordance with the Minnesota Manual on Uniform Traffic
Control Devices; and
WHEREAS, MnDOT has given authorization to lower the speed limit to 35 MPH;
and
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover
to hereby approve the 35 MPH speed limit be posted along Staiton Parkway between
Crosstown Boulevard NW and Hanson Boulevard NW.
o
Adopted by the City Council of Andover, Minnesota this 1 ih day of Januarv
2006.
CITY OF ANDOVER
ATTEST:
- (l;;t:;~ U~
Victoria Volk - City Clerk
o
o
CITY OF ANDOVER
COUNTYOFANOKA
STATE OF MINNESOTA
R005-06
A RESOLUTION AUTHORIZING APPLICATIONS FOR 2006 COMMUNITY
DEVELOPMENT BLOCK GRANT FUNDS TO BE USED TO CONDUCT PROJECTS
WITHIN THE CITY OF ANDOVER FOR THE BETTERMENT OF ANDOVER RESIDENTS
WHEREAS, the City Council recognizes the need to use Community Development Block Grant
funds for the betterment of Andover residents; and
WHEREAS, the County of Anoka makes said funds available to the City through the United
States Department of Housing and Urban Development, following guidelines established for the
use of Community Development Block Grant funds; and
WHEREAS, the City will be eligible to receive funds distributed by Anoka County to conduct
projects for the residents of the City for the 2006 fiscal year; and
NOW, THEREFORE, BE IT RESOLVED, that the City Council hereby approves the 2006
o Community Development Block Grant Projects and Budget as follows:
2006 Authorized CDBG Applications with Request Amount
Proiect
Rural Reserve/Comprehensive Plan Update
2006
ProDosal
$75,000
TOTAL
$75,000
Adopted by the City Council of the City of Andover on this 3rd day of January, 2006.
CITY OF ANDOVER
ATTEST:
U~;t?~ IJ.LL/
Victoria V olk, City Clerk
o
o
o
o
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO. 004-06
A RESOLUTION DESIGNATING DEPOSITORIES OF CITY FUNDS AND
SUPPLEMENTAL DEPOSITORIES OF CITY FUNDS FOR INVESTMENT
PURPOSES ONLY.
WHEREAS, Minnesota Statutes sets forth the procedures for the deposit of public
funds which include requiring the Andover City Council to annually designate the official
depositories for City funds and manage the collateral pledged to such funds; and
WHEREAS, other financial institutions are, from time to time, able to pay the City of
Andover interest rates on deposits that are greater than can be obtained from the official
depositories.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Andover that the City's official depositories for 2006 are the Anoka office of Wells Fargo
Bank Minnesota, N.A., the Andover office of US Bank and 1 st Regents Bank.
BE IT FURTHER RESOLVED that Wells Fargo Investment Services Inc. and Wells
Fargo Institutional Trust; US. Bank Institutional Trust; the Minnesota Municipal Money
Market Fund; Village Bank; Northland Securities; Stifel Nicolaus & Company, Inc..;
Citigroup Global Markets Inc.; Multi Bank Securities Inc.; UBS Financial Services Inc.; and
Morgan Keegan & Company be designated as additional depositories for 2006 for investment
and cash management purposes only.
BE IT STILL FURTHER RESOLVED that the City Administrator of the City of
Andover is hereby designated as the approval authority for the release and acceptance of all
collateral to be held by the City in conjunction with City funds on deposit with authorized
institutions.
Adopted by the Andover City Council on the 3rd day of January 2006.
CITY OF ANDOVER
ATTEST:
1L:c~ U~
Victoria V olk - City Clerk
o
o
o
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO. 003-06
MOTION by Councilmember Jacobson
to adopt the following:
A RESOLUTION RELATING TO FINANCING OF CERTAIN PROPOSED PROJECTS TO BE
UNDERTAKEN BY THE CITY OF ANDOVER ESTABLISHING COMPLIANCE WITH
REIMBURSEMENT BOND REGULATIONS UNDER THE INTERNAL REVENUE CODE.
WHEREAS, the Internal Revenue Service has issued Section 1.103-18 of the Income Tax
Regulations (the "Regulations") dealing with the issuance of bonds, all or a portion of the proceeds of
which are to be used to reimburse the City for project expenditures made by the City prior to the time of
the issuance of the bonds; and
WHEREAS, the Regulations generally require that the City make a prior declaration of its official
intent to reimburse itself for such prior expenditures out of the proceeds of a subsequently issued
borrowing, that the borrowing occur and the reimbursement allocation be made from the proceeds of
such borrowing within one year of the payment of the expenditure or, if longer, within one year of the
date the project is placed in service, and that the expenditure be a capital expenditure; and
WHEREAS, the City desires to comply with requirements of the Regulations with respect to
certain projects hereinafter identified;
NOW THEREFORE BE IT RESOLVED that the City of Andover, Minnesota adopts a "declaration
of official intent" pursuant to Section 1.103-18 of the Regulations.
1. Official Intent Declaration
(a) The City proposes to undertake the following projects described on Exhibit A attached
hereto.
(b) Other than (i) expenditures to be paid or reimbursed from sources other than a
borrowing or (ii) expenditures permitted to be reimbursed pursuant to the transition
provision of Section 1.103-18(1)(2) of the Regulations or (iii) expenditures constituting
preliminary expenditures as defined in Section 1.103(1)(2) of the Regulations, no
expenditures for the foregoing projects as identified on Exhibit A have heretofore been
made by the City and no expenditures will be made by the City until after the date of this
Resolution.
(c) The City reasonably expects to reimburse the City expenditures made for costs of
designated projects out of the proceeds of debt (the "Bonds") to be incurred by the City
after the date of payment of all or a portion of the costs. All reimbursed expenditures
shall be capital expenditures as defined in Section 1.150-1 (h) of the Regulations.
(d) This declaration is a declaration of official intent adopted pursuant to Section 1.103-18
of the Regulations.
2. Budaetarv Matters. As of the date hereof, there are no City funds reserved, allocated on a
long-term basis or otherwise, set aside (or reasonably expected to be reserved, allocated on a
long-term bases or otherwise set aside) to provide permanent financing for the expenditures
related to the projects, other than pursuant to the issuance of the Bonds. This resolution,
o
o
o
therefore, is determined to be consistent with the City's budgetary and financial
circumstances as they exist or are reasonably foreseeable on the date hereof, all within the
meaning and content of the Regulations.
3. Filina. This resolution shall be filed within 30 days of its adoption in the publicly available
official books and records of the City. This resolution shall be available for inspection at the
office of the City Clerk at the City Hall (which is the main administrative office of the City)
during normal business hours of the City on every business day until the date of issuance of
the Bonds.
4. Reimbursement Allocations. The City's financial officer shall be responsible for making the
"reimbursement allocations" described in the Regulations, being generally the transfer of the
appropriate amount of proceeds of the Bonds to reimburse the source of temporary financing
used by the City to make payment of the prior costs of the projects. Each allocation shall be
evidenced by an entry on the official books and records of the City maintained for the Bonds,
shall specifically identify the actual prior expenditure being reimbursed or, in the case
reimbursement of a fund or account in accordance with Section 1.103-18, the fund or account
from which the expenditure was paid, and shall be effective to relieve the proceeds of the
Bonds from any restriction under the bond resolution or other relevant legal documents for the
Bonds, and under any applicable state statute, which would apply to the unspent proceeds of
the Bonds.
MOTION seconded by Council member Kniaht and adopted by the City Council of the City of
Andover on this 3rd day of January with Councilmembers Gamache. Orttel. Trude. Jacobson.
Kniaht voting in favor of the resolution, and Councilmembers none voting
against, whereupon said resolution was passed.
CITY OF ANDOVER
ATTEST:
~o~
Victoria Volk - City Clerk
o
CITY OF ANDOVER
Proj ect Description:
Electric Scissor Lift
Rescue Truck
Replacement - Cushman Truckster #546
Replacement - I-ton Dump Truck wi Snow Removal #511
Lawn Sweeper
Replacement - Street Sweeper # 171
Dump Truck wi Snow Removal
Replacement - Tree Chipper #509
Issuance Fees
o
o
Exhibit A
$ 20,000
35,000
22,000
60,000
30,000
100,000
190,000
40,000
13,000
$ 510,000
o
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO. 002-06
MOTION by Councilmember
Jacobson
to adopt the following:
A RESOLUTION RELATING TO FINANCING OF CERTAIN PROPOSED PROJECTS TO BE
UNDERTAKEN BY THE CITY OF ANDOVER ESTABLISHING COMPLIANCE WITH
REIMBURSEMENT BOND REGULATIONS UNDER THE INTERNAL REVENUE CODE.
WHEREAS, the Intemal Revenue Service has issued Section 1.103-18 of the Income Tax
Regulations (the "Regulations") dealing with the issuance of bonds, all or a portion of the proceeds of
which are to be used to reimburse the City for project expenditures made by the City prior to the time of
the issuance of the bonds; and
WHEREAS, the Regulations generally require that the City make a prior declaration of its official
intent to reimburse itself for such prior expenditures out of the proceeds of a subsequently issued
borrowing, that the borrowing occur and the reimbursement allocation be made from the proceeds of
such borrowing within one year of the payment of the expenditure or, if longer, within one year of the
date the project is placed in service, and that the expenditure be a capital expenditure; and
o
WHEREAS, the City desires to comply with requirements of the Regulations with respect to
certain projects hereinafter identified;
NOW THEREFORE BE IT RESOLVED that the City of Andover, Minnesota adopts a "declaration
of official intent" pursuant to Section 1.103-18 of the Regulations.
1. Official Intent Declaration
(a) The City proposes to undertake the following projects described on Exhibit A attached
hereto.
(b) Other than (i) expenditures to be paid or reimbursed from sources other than a
borrowing or (ii) expenditures permitted to be reimbursed pursuant to the transition
provision of Section 1.103-18(1)(2) of the Regulations or (iii) expenditures constituting
preliminary expenditures as defined in Section 1.1 03( 1 )(2) of the Regulations, no
expenditures for the foregoing projects as identified on Exhibit A have heretofore been
made by the City and no expenditures will be made by the City until after the date of this
Resolution.
(c) The City reasonably expects to reimburse the City expenditures made for costs of
designated projects out of the proceeds of debt (the "Bonds") to be incurred by the City
after the date of payment of all or a portion of the costs. All reimbursed expenditures
shall be capital expenditures as defined in Section 1.150-1(h) of the Regulations.
o
(d) This declaration is a declaration of official intent adopted pursuant to Section 1.103-18
of the Regulations.
2. Budaetarv Matters. As of the date hereof, there are no City funds reserved, allocated on a
long-term basis or otherwise, set aside (or reasonably expected to be reserved, allocated on a
long-term bases or otherwise set aside) to provide permanent financing for the expenditures
related to the projects, other than pursuant to the issuance of the Bonds. This resolution,
c
o
o
therefore, is determined to be consistent with the City's budgetary and financial
circumstances as they exist or are reasonably foreseeable on the date hereof, all within the
meaning and content of the Regulations.
3. FilinQ. This resolution shall be filed within 30 days of its adoption in the publicly available
official books and records of the City. This resolution shall be available for inspection at the
office of the City Clerk at the City Hall (which is the main administrative office of the City)
during normal business hours of the City on every business day until the date of issuance of
the Bonds.
4. Reimbursement Allocations. The City's financial officer shall be responsible for making the
"reimbursement allocations" described in the Regulations, being generally the transfer of the
appropriate amount of proceeds of the Bonds to reimburse the source of temporary financing
used by the City to make payment of the prior costs of the projects. Each allocation shall be
evidenced by an entry on the official books and records of the City maintained for the Bonds,
shall specifically identify the actual prior expenditure being reimbursed or, in the case
reimbursement of a fund or account in accordance with Section 1.103-18, the fund or account
from which the expenditure was paid, and shall be effective to relieve the proceeds of the
Bonds from any restriction under the bond resolution or other relevant legal documents for the
Bonds, and under any applicable state statute, which would apply to the unspent proceeds of
the Bonds.
MOTION seconded by Council member Kniaht and adopted by the City Council of the City of Andover
on this 3rd
day of January. 2006
with Councilmembers Gamache. Orttel. Trude.
Jacobson. KniQht voting in favor of the resolution, and Councilmembers none
voting against,
whereupon said resolution was passed.
CITY OF ANDOVER
ATTEST:
ti;t;;~ OL// .
Victoria Volk - City Clerk
o
o
o
EXHIBIT A
Project Descriptions:
Public Improvement Projects:
(including Cardinal Ridge, Shaws Glen, & Woodland Crossing)
Andover Station North Ballfields - Phase I
$1,250,000
700,000
o
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO. R001-06
MOTION by Councilmember Jacobson
to adopt the following:
A RESOLUTION ACCEPTING A RESTRICTED DONATION MADE TO THE CITY OF
ANDOVER TOWARDS THE ANDOVER STATION NORTH PARK.
WHEREAS, any donations that are to be made to the City of Andover must be
accepted by the City Council; and
WHEREAS, the donation from Andover Baseball Association of $30,000 is strictly
for the construction of baseball fields at Andover Station North Park.
NOW, THEREFORE BE IT RESOLVED by the City Council to hereby accept the
donation, which is to be used towards the Andover Station North Park.
o
MOTION seconded by Councilmember Kniqht
and adopted by the City
Council at a regular meeting this 3rd day of January 2006, with Councilmembers
Gamache, Orttel. Trude. Jacobson. KniQht voting in favor of the resolution, and
Councilmembers none voting against, whereupon said resolution was declared
passed.
CITY OF ANDOVER
ATTEST:
IU~ () v-Ib
Victoria Volk - City Clerk
o
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO. 151-06
MOTION by Councilmember T"""h""n
to adopt the following:
A RESOLUTION ACCEPTING A CONTRIBUTION MADE TO THE CITY OF ANDOVER
TO BE USED TOWARDS THE PURCHASE OF PICTURE FRAMES IN THE ICE
ARENA AND SPORTING EQUIPMENT IN THE FIELD HOUSE OF THE ANDOVER
YMCA COMMUNITY CENTER.
WHEREAS, any contributions that are to be made to the City of Andover must be
accepted by the City Council; and
WHEREAS, the contribution from the Andover Huskies Youth Hockey Association
of $1,900.00 is to be used towards the purchase of picture frames in the ice arena and
sporting equipment in the field house of the Andover YMCA Community Center.
NOW, THEREFORE BE IT RESOLVED by the City Council to hereby accept the
contribution, which is to be used towards the purchase of picture frames in the ice arena
and sporting equipment in the field house of the Andover YMCA Community Center.
MOTION seconded by Councilmember Trude
and adopted by the City
Council at a regular meeting this 19th day of December 2006, with Councilmembers .
Gamache, Jacobson, Trude
Knight. Orttel, voting in favor of the resolution, and Council members none
voting against, whereupon said resolution was declared passed.
CITY OF ANDOVER
ATTEST:
~AR r.d~;
/Michael R. Gamache - Mayor
11~ IJvIL-
Victoria Volk - City Clerk
CITY OF ANDOVER
COUNTY OF ANOKA
STATJ: OF MINNESOTA
RES. NO. 1 <O-Oli
MOTION by Councilmember T",."h",,,n to adopt the following:
A RESOLUTION RELATING TO FINANCING OF CERTAIN PROPOSED PROJECTS TO BE
UNDERTAKEN BY THE CITY OF ANDOVER ESTABLISHING COMPLIANCE WITH
REIMBURSEMENT BOND REGULATIONS UNDER THE INTERNAL REVENUE CODE.
WHEREAS, the Intemal Revenue Service has issued Section 1.103-18 of the Income Tax
Regulations (the "Regulations") dealing with the issuance of bonds, all or a portion of the proceeds of
which are to be used to reimburse the City for project expenditures made by the City prior to the time of
the issuance of the bonds; and
WHEREAS, the Regulations generally require that the City make a prior declaration of its official
intent to reimburse itself for such prior expenditures o.ut of the proceeds of a subsequently issued
borrowing, that the borrowing occur and the reimbursement allocation be made from the proceeds of
such borrowing within one year of the payment of the expenditure or, if longer, within one year of the
date the project is placed in service, and that the expenditure be a capital expenditure; and
WHEREAS, the City desires to comply with requirements of the Regulations with respect' to
certain projects hereinafter identified;
NOW THEREFORE BE IT RESOLVED that the City of Andover, Minnesota adopts a "declaration
of official intenr pursuant to Section 1.103-18 of the Regulations.
1. Official Intent Declaration
(a) The City proposes to undertake the following projects described on Exhibit A attached
hereto.
(b) Other than (i) expenditures to be paid or reimbursed from sources other than a
borrowing or (ii) expenditures permitted to be reimbursed pursuant to the transition
provision of Section 1.1 03-18( 1 )(2) of the Regulations or (iii) expenditures constituting
preliminary expenditures as defined in Section 1.103(1)(2) of the Regulations, no
expenditures for the foregoing projects as identified on Exhibit A have heretofore been
made by the City and no expenditures will be made by the City until after the date of this
Resolution.
(c) The City reasonably expects to reimburse the City expenditures made for costs of
designated projects out of the proceeds of debt (the "Bonds") to be incurred by the City
after the date of payment of all or a portion of the costs. All reimbursed expenditures
shall be capital expenditures as defined in Section 1.150-1 (h) of the Regulations.
(d) This declaration is a declaration of official intent adopted pursuant to Section 1.103-18
of the Regulations.
2. Budaetarv Matters. As of the date hereof, there are no City funds reserved, allocated on a
long-term basis or otherwise, set aside (or reasonably expected to be reserved, allocated on a
long-term bases or otherwise set aside) to provide permanent financing for the expenditures
related to the projects, other th~m pursuant to the issuance of the Bonds. This resolution,.
therefore, is determined to be consistent with the City's budgetary and financial
circumstances as they exist or are reasonably foreseeable on the date hereof, all within the
meaning and content of the Regulations.
3. Filina. This resolution shall. be filed within 30 days of its adoption in the publicly available
official books and records of the City. This resolution shall be available for inspection at the
office of the City Clerk at the City Hall (which is the main administrative office of the City)
during normal business hours of the City on every business day until the date of issuance of
the Bonds.
4. Reimbursement Allocations. The City's financial officer shall be responsible for making the
"reimbursement allocations~ described in the Regulations, being generally the transfer of the
appropriate amount of proceeds of the Bonds to reimburse the source of temporary financing
used by the City to make payment of the prior costs of the projects. Each allocation shall be
evidenced by an entry on the official books and records of the City maintained for the Bonds,
shall speCifically identify the actual prior expenditure being reimbursed or, in the case
reimbursement of a fund or account in accordance with Section 1.103-18, the fund or account
from which the expenditure was paid, and shall be effective to relieve the proceeds of the
Bonds from any restriction under the bond resolution or other relevant legal documents for the
Bonds, and under any applicable state staMe, which would apply to the unspent proceeds of
the Bonds.
MOTION seconded by Councilmember Trude and adopted by the City Council of the City of Andover
on this 19th day of December with Council members Trude, Orttel, Samache, Jacot~~Rg i~Mgf
of the resolution, and Councilmembers none
passed.
voting against, whereupon said resolution was
CITY OF ANDOVER
ATTEST:
~~ Rc/J~,-~
/-MiCiiael R. Gamache - Mayor
IJ~ urfb
Victoria Volk - City Clerk
CITY OF ANDOVER
Project Description:
Rescue Truck
New Mobile Data Termiml1!'; in Fire Trucks
Therma1lmaging Camera
Replacement - Hydraulic Rescue Equipment
Hose Washer I Tester
Mounted Pothole Spray Patcher
Replacement - Dump Truck wi Snow Removal
Railroad Quiet Zones
Replacement - Self-Propelled-48" Sweeper
Zero Turn Mower
Replacement - Toro Groundmaster 328
Exlnbit A
$ 40,000
30,000
14,000
30,000
8,000
150,000
200,000
180,000
20,000
7,500
32,000
$ 711,500
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO. 149-06
APPROVING COST-OF-LIVING ADJUSTMENTS FOR ALL NON-REPRESENTED
EMPLOYEES FOR CALENDAR YEAR 2007
WHEREAS, cost-of-living adjustments for non-bargaining employees are in order to
recognize annual inflationary increases in cost-of-living standards as measured by the
Consumer Price Index (CPI), and regional economic and market-based indicators; and
WHEREAS, the annual percentage adjustments of three and a half (3.5) percent effective
January 1, 2007, are within the expenditure guidelines established in the 2007 Budget;
and
WHEREAS, non-bargaining employees are defined as those public employees not
formally represented by an exclnsive bargaining group as defined under Minnesota
Statute.
NOW THEREFORE, BE IT RESOLVED that the City Council hereby approves cost-
of-living adjustments of three and a half (3.5) percent effective January 1,2007, for all
non-represented employees.
Adopted by the City Council on December 19, 2006
~4~~d~,-~
~or MiKe Gamache .
Attest:
~o~
Vicki V olk, City Clerk
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF :MlNNESOTA
RES. NO. 133-06
A RESOLUTION ADOPTING TIIE ASSESSMENT ROLL FOR TIIE CERTIFICATION OF
DELINQUENT SEWER. WATER. STORM SEWER. STREET LIGHTING CHARGES
AND/OR MOWING FEES.
WHEREAS, pursuant to a proper notice duly given as required by law, the council ~
met, heard and passed upon all objections to the proposed assessment for the delinquent sewer,
water, storm sewer, street lighting charges and/or mowing fees. '
NOW THEREFORE, BE IT RESOLVED BY TIIE CITY COUNClL OF ANDOVER.
MINNESOTA:
1. Such proposed assessment, a copy of which is attached, hereto and made part hereof, is
hereby accepted and shall constitute the special assessment against the lands named therein, and
each tract of land therein included is hereby found to be benefited by the proposed improvement
in the amount of the assessment levied against it.
2. Such assessment shall be payable in one annual installment on or before the first
Monday of January, 2007 and shall bear interest at the rate of 8 percent per year.
j. 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, except that no interest shall be charged if the entire aSsessment is
paid within 30 days from the adoption of the resolution. .
Adopted by the City Council of the City of Andover on this 8th day ofNoverriber, 2006.
CITY OF ANDOVER
ATTEST:
iL$.~ {/~
Victoria V olk - City Clerk
~~~~T -~
Miyhliel R. amache, ayor
CITY OF ANDOVER
2006 Delinquent utility Us!
(inC!udes all INACTIVE and ACTIVE accounts 90 days past due)
Service Address
1049 ANDOVER BLVD NW
1076161STLN NW
1093144TH LN NW
1093144TH LN NW
1160 137TH LN NW
13316 JAY ST NW
13320 THRUSH ST NW
13327 SILVEROD CT NW
13340 poppy ST NW
13423 CROOKED LAKE BLVD NW
13423 CROOKED LAKE BLVD NW
13423 CROOKED LAKE BLVD NW
13423 IBIS ST NW
13472 Ibis Street NW
13473 CROOKED LAKE BLVD NW
13473 Crooked Lake Blvd NW
13476 MARTIN ST NW
13478 JAY ST NW
13494 MARTIN S~ NW
13498 HUMMINGBIRD ST NW
13533 NARCISSUS ST NW
13564 NARCISSUS ST NW
1360 153RD LN NW
13655 MARTIN ST NW
13733 CROSSTOWN DV NW
13760 QUINN ST NW
13762 PARTRIDGE ST NW
13762 PARTRlDGE ST NW
13n 142ND AVE NW
13804 VINTAGE CT NW
13818 CROSSTOWN DR NW
13847 SILVEROD CT NW
13849 PALM ST NW
13853 SILVEROD CT NW
13917 UPLANDER ST NW
13982 NORWAY ST NW
14003 YUKON ST NW
14003 YUKON ST NW
14021 HOLLY ST NW
14041 CROSSTOWN BLVD NW
14149 ORCHID ST NW
14220 CROSSTOWN BLVD NW
14249 UNDERCLIFT ST NW
14307 RAVEN ST NW
14323 RAVEN ST NW
14325 ROUND LAKE BLVD NW
14336 VALE ST NW
14369 CRANE ST NW
14362 WINTERGREEN ST NW
14387 CRANE ST NW
14389 HUMMINGBIRD ST NW
14396 VALE ST NW
14413 HUMMINGBIRD ST NW
14429 HUMMINGBIRD ST NW
Amount
$ 18.n
25.68
220.29
24.07
27.33
128.98
132.62
84.59
235.12
55.30
62.53
201.33
30.84
118.35
140.42
118.35
139.29
39.52
10.90
7.91
189.55
28.60
374.73
458.89
74.83
363.32
81.73
55.00
186.n
551.22
293.63
306.74
397.21
202.75
136.37
325.73
228..11
22.69
1,105.11
121.85
619.50
85.13
91.99
84.10
243.79
336.96
532.49 .
133.10
172.47
46.18
148.60 .
398.99
17.56
322.41
Amount Certified
(including 23%)
$ 23.09
31.59
270.96
29.61
33.62
158.65
163.12
104.05
289.20
68.02
101.51
247.64
37.93
145.57
172.72
. 145.57
171.33
48.61
13.41
9.73
233.15
35.18
460.92
564.43
92.04
446.88
100.53
67.65
229.73 678.00
361.16
3n.29
488.57
249.38
167.74
400.65
280.58
27.91
1,359.29
149.88
761.99
104.71
113.15
103.44
299.86
414.46
654.96
163.71
212.14
56.80
182.78
490.76
21.60
396.56
CITY OF ANDOVER
2006 Delinquent Utirriy Ust
(includes all INACTIVE and ACTIVE accounts 90 days past due)
Service Address
14453 HUMMINGBIRD CT NW
14459 HUMMINGBIRD CT NW
14481 JONQUIL ST NW
14462 KERRY ST NW
14526 ROUND LAKE BLVD NW
14530 BLUEBIRD ST NW
14540 DRAKE ST NW
14547 ELDORADO ST NW
1490 148TH AVE NW
1494 153RD LN NW
1501 158TH LN NW
15012 ROUND LAKE BLVD NW
1505 160TH AVE NW
1505 160TH AVE NW
1511154TH AVE NW
15120 AVOCET ST NW
1541146TH LN NW
15534 JUNIPER ST NW
1560 147TH AVE NW
1568 158TH LN NW
15796 YELLOWPINE ST NW
15932 YELLOWPINE ST NW
15939 SYCAMORE ST NW
15953 VALE ST NW
16000 YELLOWPINE ST NW
161n NARCISSUS ST NW
16425 ROUND LAKE BLVD NW
16622 Maniteau Street NW
1669 148TH LN NW
17532 ORCHID ST NW
17541 BLACKFOOT ST NW
1815 ANDOVER BLVD NW
1859 135TH AVE NW
1887 134TH AVE NW
1896134TH AVE NW
1899 134TH AVE NW
1952 135TH AVE NW
1952135THAVE NW
1962135THAVE NW
2064 140TH LN NW
2068 142ND AVE NW
2089151STLN NW
2101 140TH LN NW
2110 140TH LN NW
2118 140TH LN NW
2128140TH LN NW
2167 135TH LN NW
2217 141ST AVE NW
2236 142ND LN NW
2245 142ND LN NW
2439 135TH AVE NW
2439 138TH AVE NW
2449136TH LN NW
2461 BUNKER LAKE BLVD NW
Amount
Amount Certified
(including 23%)
68.40
142.66
341.09
4.83
117.81
332.80
121.92
159.73
146.90
423.03
3n.51
15.73
145.32
104.48
131.50
74.53
78.42
11.08
53.97
44.28
10.96
262.11
26.38
128.66
134.18
59.83
8.88
145.57
98.n
11.43
6.n
5.51
136.05
332.68
68.03
78.01
176.04
44.69
214.67
436.77
133.31
283.36
197.99
102.05
595.21
169.06
151.31
355.03
684.30
1,752.53
164.03
51.89
133.31
96.11
55.61
115.98
2n.31
3.93
95.78
270.57
99;12
129.86
119.43
.343.93
306.92
12.79
118.15
84.94
106.91
60.59
63.76
9.01
43.88
36.00
8.91
213.10
21.45
104.60
109.09
48.64
7.22
118.35
80.30
9.29
5.60
4.48
110.61 270.47
55.31
63.42
143.12
36.33
174.53
355.10
108.38
230.37
160.97
82.97
483.91
137.45
123.02
288.64
556.34
1,424.62
133.36
42.19
108.38
78.14