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Home My WebLink AboutCC February 6, 2007 5'\NDbVE~ 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (763) 755-5100 FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US Regular City Council Meeting - Tuesday, February 6, 2007 Call to Order-7:00 p.m. Pledge of Allegiance Resident Fonun Agenda Approval 1. Approval of Minutes (1/11/07 Special Meeting; 1/16/07 Special Meeting; 1/16/07 Regular Meeting; 1/23/07 Workshop) Consent Items 2. Approve Payment of Claims - Finance 3. Approve Hanson Boulevard NW Lighting Plan/04-23 - Engineering 4. Accept Petition/Order Feasibility Report/07-11/14259 _7th Avenue NW Sewer & Water Extension (Rosella Sonsteby) - Engineering 5. Order Plans & Specs/07-8/Andover Station North Ball Field Lighting -Engineering 6. Approve Resolution/Speed Study/Butternut Street NW, 173'd Avenue NW & Flintwood Street NW - Engineering 7. Accept Petition/Order Feasibility Report/07-13/13835 Underclift Street NW/WM - Engineering 8. Approve Advertising for Vacancies/Coon Creek Watershed District - Engineering 9. Accept Quit Claim Deed/Kimberly Oaks/05-9/Drainage & Utility Easement - Engineering 10. Approve Raffle Pennitl Anoka County Pheasants Forever - Clerk 11. Approve Conditional Use PennitlOn-sale Liquor Sales/15190 Bluebird Street NW - Planning Discussion Items 12. Present Bond Sale (Ehlers and Associates) - Administration 13. Hold Public Hearing/Order Plans & Specs/06-37/161 st Avenue NW & Crane Street NW/futersection Improvements - Engineering 14. NPDES (National Pollutant Discharge Elimination System) Presentation & Public Meeting/07-1 - Engineering 15. Consider Waiver of Park Dedication Fee/Lot Split/16425 Hanson Boulevard NW - Planning 16. Consider Comprehensive Plan Amendment/MUSA Boundary Adjustment/ Anoka County Law Enforcement Center - Planning 17. Consider City Code AmendmentlDeleting Code Section 12-14-6A.5 (continued) - Planning 18. Consider Contribution for 2007 Anoka Aquatic Center - Engineering 19. Consider On-Sale Wine LicenseINew Dragon II - Clerk Staff Items 20. Schedule EDA Meeting - Administration 21. Board of Review - Clerk 22. February Workshop Meeting - Administration 23. Administrator's Report - Administration Mayor/Council Input Adjournment 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (763) 755-5100 FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US TO: Mayor and City Council CC: Jim Dickinson, City Administrator FROM: Vicki V olk, City Clerk SUBJECT: Approval of Minutes DATE: February 6, 2007 INTRODUCTION The following minutes were provided by TimeSaver Secretarial Service for approval by the City Council: January 11,2007 Special Meeting January 16, 2007 Special Meeting (Orttel absent) January 16,2007 Regular Meeting (Orttel absent) January 23,2007 Council Workshop DISCUSSION Copies of the minutes are attached for your review. ACTION REQUIRED The City Council is requested to approve the above minutes. Respectfully submitted, ~'{)4 Vicki V olk City Clerk UJ Special Andover City Council Meeting Minutes-January 11,2007 Page 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 SPECIAL ANDOVER CITY COUNCIL MEETING - JANUARY 11,2007 MINUTES A Special Meeting of the Andover City Council was called to order by Mayor Mike Gamache, January 11, 2007, 6:00 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota. Councilmembers present: Councilmember absent: Also present: Don Jacobson, Mike Knight, Ken Ortte!, Julie Trude None City Administrator Jim Dickinson Community Development Director Will Neumeister AGENDA APPROVAL The agenda was approved as presented. INTERVIEWS OF PLANNING AND PARK AND RECREATION COMMISSION APPLICATIONS Pettv Scott-Planning and Zoning/Park and Recreation Commission Mayor Gamache asked whether Ms. Scott has a preference for either the Planning Commission or the Park and Recreation Commission. Ms. Scott stated she prefers the Planning and Zoning Commission but either commission is okay with her. Ms Scott stated she is an II-year resident, originally from Iowa. She has lived in the same house for that period of time and enjoys the community of Andover. She made the national news one time. She stated she works in the residential real estate industry, is active at Meadow Creek Church as a board member, is active as co-chair for her senate district and has worked on political campaigns. She has experience soliciting donations for various fundraising efforts and is not afraid to knock on doors. She has done some leadership things. Councilmember Trude asked Ms. Scott if she would have be any problems with meeting dates and times. Ms. Scott replied that she would not. Special Andover City Council Meeting Minutes -January 11,2007 Page 2 1 2 Councilmember Trude stated that Andover has been growing fast but growth is slowing 3 down. She asked Ms. Scott what she thought the most important issues for the next five 4 . years might be. 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 Ms. Scott stated roads, and access to some areas in the community. She would like to see the widening of Hanson further up. She stated that the real estate industry growth will stabilize and continue, but not at the pace of the previous 10 years. Growth will have to be well planned. She stated the original plan was to put a road through around the high school to connect the city better. Councilmember Trude stated that is in the transportation plan already. Councilmember Orttel asked what things could have been done better in planning her own neighborhood from a planning or parks perspective. Ms. Scott stated the neighborhood was half developed when she moved in. She stated along Bluebird, the developer shortchanged the neighborhood with two car garages and houses with less square footage. The rest of the development had to meet specific upgrade criteria. She takes a lot of pride in her yard, but the person who faces Bluebird didn't seed their yard well. Councilmember Orttl asked how she would proceed to try to stop problems like that as a member of the commission with governmental regulations. Ms. Scott stated she isn't for big government, but she would like enforcement of the code to require sodding. Councilmember Orttel stated that is an ordinance that is now enforced. Ms. Scott stated that there is a park that backs up to her neighborhood, Oak Bluff Park. When her children were younger they enjoyed the equipment but now they are older and no longer use the equipment. She stated there is a nice soccer field in the park, but doesn't see anything she would change. Mayor Gamache asked how she felt the Planning Commission could incorporate the open space referendwn that passed this fall in Andover. He asked if she has any idea what she would like to see done with the monies that come in from taxation. Ms. Scott asked for more explanation. Mayor Gamache explained that other cities in the metro area have also passed referendwns. He stated that taxpayers will pay a certain amount on their property taxes, and that money will be used to buy open space that the city would buy back either from developers or land owners. He explained that the properties would then be placed into a park or something that preserves the natural state of land. He asked what she sees her vision for the role of the open space commission and Planning and Zoning Commission might be. Special Andover City Council Meeting Minutes-January 11,2007 Page 3 1 Ms. Scott stated she didn't know for sure, but parks are good and she likes the trails. She 2 asked if this is going to be applied only to new neighborhoods. 3 4 Mayor Gamache explained the City could purchase land as it becomes available or that is 5 deemed usable as a preserve and develop it as open space. 6 7 Ms. Scott stated that she could envision an outdoor classroom with walking trails around 8 it. 9 10 Councilmember Trude asked what kind of open space should be saved. Ms. Trude added 11 that the issue may be neighbors who do not want the open space in their back yards. She 12 wondered what Ms. Scott thought about what should be purchased as open space. 13 14 Ms. Scott stated that some purchases should involve unbuildable land and others will have 15 to be in new developments for fairness sake and aesthetic value. The areas that are 16 already developed, where there is already a vacant lot, could be left open. 17 18 Councilmember Jacobson asked how she would make the judgment when someone came 19 to her asking for a variance if the ordinance won't allow it. Ms. Scott stated she is aware 20 of the process for asking for a variance for her own rental property. She stated she would 21 listen to the neighbors and consult them, then research whether something is allowable 22 under the existing ordinance. She would look at what it will do to the surrounding 23 property values. 24 25 Councilmember Knight asked what role the city should playas the city continues to grow. 26 Ms. Scott stated the city is in a pretty standard growth pattern. Ms. Scott stated the city 27 should listen to the citizens and what their issues are. 28 29 Councilmember Knight stated there are two options, one is to promote growth and the 30 other is to accept it as it comes. 31 32 Ms. Scott stated that if it is well-planned growth, it should be promoted. She isn't for fly 33 by the seat planning. She stated the city of Andover's limited relationship with the Met 34 Council is a great thing. 35 36 Councilmember Trude asked if her perception would be different if the city was cozy with 37 Met Council. Ms. Scott answered in the affirmative. She has owned a lot of multi family 38 housing in Anoka. Some of the things that Met Council expects for condensed housing 39 areas can do some negative things for a community as far as crime rate and other things. 40 41 Councilmember Trude asked if she likes the density of Andover's housing. Ms. Scott 42 answered in the affirmative. 43 Special Andover City Council Meeting Minutes-January 11,2007 Page 4 1 Councilmember Ortte1 asked what kind of a feel she has for Andover as compared to other 2 cities when she works around the northern suburbs in her business. Ms. Scott explained 3 that whenever she has an open house she always promotes Andover because she loves it 4 here. She likes the values of the community and neighbors. She has been married 22 5 years, has lived in Andover for 10 years, and likes it here. She stated she wouldn't live 6 anywhere else. In comparison to other communities, Blaine is growing too fast and she 7 doesn't know if they are keeping as good a handle on that growth as they could. 8 9 Councilmember Trude asked if she sees potential for conflict of interest since she works 10 with real estate. Ms. Scott stated that she has never worked with a builder and would not 11 have a conflict. She stated that she is willing to be at the meetings, not afraid to speak up, 12 is fair-minded, and will listen and consider things rationally. 13 14 David Blackstad-Park and Recreation Commission 6:20 p.m. 15 16 Mr. Blackstad stated he was rather short in his letter for reappointment to the Park and 17 Recreation Commission because he has been on the commission for 10 years. He 18 stated he wants to see completion of ball fields and wants to finish the Comprehensive 19 Plan. 20 21 Councilmember Knight asked what he feels the single most important issue related to 22 parks in the next five years is. Mr. Blackstad stated expansion of some of the field 23 processes. He stated that soccer wants an 8-10 field complex. The city is still going to 24 need a four-field softball complex. He stated the open space referendum will affect 25 future planning. 26 27 Councilmember Knight asked ifhe sees open space as part of Park and Recreation. 28 Mr. Blackstad stated to an extent it is a park. He stated that whether or not the city 29 puts trails through or a ball field, it should be part of the parks system since parks 30 maintains it. 31 32 Councilmember Knight asked where a lacrosse facility comes into the picture. Mr. 33 Blackstad stated it could be dovetailed with soccer and football. The Andover Athletic 34 Association is taking in kids from all different areas. As that program grows, those 35 cities will break off and set up their own fields, which will reduce the need in Andover. 36 37 Councilmember Jacobson asked in looking to the future 10-12 years, demographics in 38 the city will change as the community matures. He asked what the Park Commission 39 should be looking at now and planning in anticipation for demographic changes. Mr. 40 Blackstad replied that additional walking trails might be one thing. He stated he grew 41 up ill Coon Rapids. He stated Coon Rapids still needs all the fields that are there 42 because they had a few years of spikes and lows in population. He stated other needs 43 might include additional horseshoe pits, and volleyball courts at parks to offer more 44 opportunity. He stated everything the Parks and Recreation Department is doing now Special Andover City Council Meeting Minutes-January 11,2007 Page 5 1 has to be ADA accessible so wheel chair access may be a need. 2 3 Mayor Gamache stated recently the city did a policy to assess which associations 4 would get fields. He asked how Mr. Blackstad felt that policy decision went. 5 6 Mr. Blackstad stated he had initial misgivings, but because the City serves various high 7 schools within the city, it limits some of the outside sources somewhat in trying to get 8 access to the fields. He stated there are currently a fair amount of kids playing Coon 9 Rapids Little League. He stated they may step up and ask for use of the Andover 10 fields; the same goes for Blaine soccer and football. He stated it has already been an 11 issue in the past with Anoka Soccer. He stated that the policy is a good starting point. 12 It may need some tweaking down the line but nobody was left out. He stated that until 13 there is a strict Andover Association, those who want to come into Andover and use 14 the fields can. 15 16 Councilmember Orttel asked what the criteria for determining open spaces to be 17 brought in under the new referendwn should be. Mr. Blackstad stated open space 18 could be a buffer from one density housing to another in order to set up some nice 19 open space for various valuation homes. He stated that some wetland areas can help 20 preserve nature. 21 22 Councilmember Orttel asked if the use of open space should be active or passive. Mr. 23 Blackstad stated some will be passive because of the wetlands within the open space, 24 but other open space will be active with trail access. 25 26 Councilmember Trude asked why he missed so many meetings last year. Mr. 27 Blackstad stated that was work related. They were all last minute, but with his job he 28 is on rotation and a couple of times he had to take the call. One other time was an 29 emergency where someone who was on the pager lives in Annandale so Mr. Blackstad 30 was called in to work. 31 32 Councilmember Trude asked if he has to take calls at all or some of the meetings. Mr. 33 Blackstad stated he is on a rotation for six weeks at a time so it involves just some 34 meetings. 35 36 Ted Butler-Planning and ZoninglPark and Recreation Commission 6:30 p.m. 37 38 Mr. Butler stated he has no preference for serving on either commission, but if he 39 could choose it would be the Planning and Zoning Commission. He stated he has 40 lived in Andover for about 7 years, moving from Bloomington. He has a new family 41 causing more interest in community involvement. He has done some volunteering in 42 church and with elections. He feels like getting more engaged and involved. He is a 43 civic-minded person and feels it important to be involved. He lives in Andover but . 44 doesn't work in Andover. He works at the University of Minnesota and wants to be Special Andover City Council Meeting Minutes-January 11,2007 Page 6 1 connected in the community. 2 3 Councilmember Trude noted his strong background in finance and the things he has 4 done with youth sports. She asked ifhe is currently working with associations in the 5 community. 6 7 Mr. Butler stated he has a baseball background. He knows how important it is that 8 everybody gets fair use. 9 10 Councilmember Trude asked ifhe has watched any meetings. Mr. Butler stated he 11 doesn't get the meetings on TV but reads minutes to keep up to date. 12 13 Councilmember Trude asked ifhe likes a particular park or something that should be 14 done in the parks. Mr. Butler stated he doesn't come with a strong agenda but uses 15 Rose Park frequently, lives nearby, and his 18-month-old son likes the play equipment. 16 He stated Andover has a great quantity of parks. He stated the upgrading of 17 equipment should be continued to offer a variety of activities. He grew up in a city 18 with a lot of tennis courts and that may be a cost issue for Andover because he doesn't 19 see many. He stated that baseball and soccer fields are nice but more variety is 20 preferred. 21 22 Councilmember Orttel asked how he sees the Park Commission should be acting to 23 prepare for the future. Mr. Butler stated the city has started a Comprehensive Plan for 24 parks in the future and thinks that to be a good idea. 25 26 Councilmember Orttel stated most cities go through an aging process and wondered 27 what Mr. Butler sees as a plan for that. 28 29 Mr. Butler stated that gets back to creating a park situation with variety for people of 30 all ages; as people grow older they use the parks differently. He stated that as the 31 housing market slows down, the money for more development may cause challenges. 32 Upgrading of existing parks may take higher priority. 33 34 Mayor Gamache asked what he believes are the most important issues in the next 5 35 years in planning for Andover's growth. Mr. Butler stated that he has been pleased 36 with the developments that have taken place, in particular the Andover Station area 37 with the addition of restaurants. He stated some additional commercial developments 38 would be nice. He thinks that it would be nice to have more local establishments. The 39 chains are convenient, but Andover has done well in developing an identify for 40 themselves 41 42 Councilmember Jacobson stated that he can call Comcast for free cable television. He 43 asked ifhe were to be appointed to the Planning and Zoning Commission, how he 44 would handle ordinance enforcement when somebody comes and asks for a variance. Special Andover City Council Meeting Minutes-January 11,2007 Page 7 1 He asked what kind of a thought process he would go to look at granting or saying no 2 to someone. 3 4 Mr. Butler stated that in his professional role at the U ofM he does internal auditing 5 with a lot of policy work. He stated it is helpful to understand why the ordinance is in 6 place and whether it makes sense to adhere to it strictly. He would look at the impact 7 of the individual and things around him. It is important to explain to people what the 8 ordinance says and why. He thinks people will accept an educated answer. There has 9 to be a careful process to evaluate each request. 10 11 Councilmember Knight asked ifhe is familiar with the open space referendum. He 12 asked how he feels the Planning Commission should incorporate that in to the planning 13 process. Mr. Butler stated it needs to be balanced with other needs of the city in terms 14 of commercial residential. He stated the residents voted in favor by a large number so 15 there is a mandate to take care of open space. 16 17 Councilmember Knight asked how he would interpret that. Mr. Butler stated that if all 18 else were equal, if there is value in keeping the space open, that should be strongly 19 considered. 20 21 Councilmember Trude asked ifhe has some concerns with Andover's future. Mr. 22 Butler stated that he does not have any concerns. He wants smart growth and 23 measured growth. 24 25 Councilmember Trude asked if Mr. Butler is familiar with the Met Council. Mr. 26 Butler stated that he is most interested in the type of growth in Andover. He 27 recognizes the attitude about Met Council in the community and how unique itis. 28 29 Michael DllCklow-Planning and Zoning/Park and Recreation Commission 30 31 Mr. Ducklow withdrew his application. 32 33 DOll!! Falk-Plannin!! and Zonin!! 6:40 p.m. 34 35 Mr. Falk iss making application to serve on the Planning and Zoning Commission after 36 taking some time off. He stated he is looking forward to working with the city again. 37 He enjoyed his time of service with Planning and Zoning and is ready to rejoin the 38 commISSIon. 39 40 Mayor Gamache asked ifhe had served one or two terms. Mr. Falk stated he had one 41 term and then filled in a partial term. 42 43 Councilmember Knight asked ifhe is familiar with open space referendum. Mr. Falk 44 stated he was on the task force. Special Andover City Council Meeting Minutes-January 11,2007 Page 8 1 2 Councilmember Knight asked how he sees the open space referendum play in with his 3 role on the Planning and Zoning Commission. Mr. Falk stated he is looking forward to 4 the challenge. He sees getting involved with the developers as a learning experience 5 for everyone and will be an exciting challenge. 6 7 Councilmember Knight asked ifhe has any thoughts on how he would handle any 8 proposal that would first come before the Planning and 'Zoning Commission. Mr. Falk 9 stated it would be new territory. He stated that there may be a committee established. 10 11 Councilmember Jacobson stated that he has an ability to look at how planning and 12 zoning has functioned in the past, being a past member. He asked ifhe has any 13 recommendations for changes. 14 15 Mr. Falk stated he feels things move pretty smoothly. He stated he would like to get 16 all the agendas completed in one night to make the process move faster and easier for 17 public hearings. He wants to keep things on track. 18 19 Mayor Garnache asked what he sees for Andover's future in the next five years at 20 being the most important issues. Mr. Falk stated he sees new things coming in with 21 the open space. He doesn't see anything big on the agenda like eminent domain or any 22 roads the size of Hanson that will be happening in the near future. He sees where he 23 made mistakes when he was on the Planning and Zoning Commission as he drives 24 around, but he learned from his experiences. 25 26 Councilmember Orttel asked what role the city should play in the growth. Mr. Falk 27 stated a very big part. Citizens rely on the Planning and Zoning Commission to work 28 with them. He stated the Planning and Zoning Commission has to weigh out each 29 decision and rely on experts in all areas. 30 Councilmember Orttel asked for more input about getting everything done in one night 31 at Planning and Zoning Commission meetings. He asked how he felt about rejected 32 ideas by the City Council. Mr. Falk stated that Planning and Zoning doesn't always 33 see the big picture; everybody has to work together. The City Council may see things 34 that that were overlooked, so they have a right to kick things back as necessary. 35 36 Councilmember Trude stated that in the last couple of months many decisions have 37 been turned around such as variance requests. She stated that now many things have 38 been kicked back to Planning and Zoning that affect a commercial area or 39 neighborhood. She asked how he would have approached those issues when on the 40 Commission 41 42 Mr. Falk stated he tries to keep an open mind. Sometimes the ordinance is there to 43 protect the city but residents don't always see the picture. He stated he hopes the 44 resident, city council, and Planning and Zoning Commission have an open mind Special Andover City Council Meeting Minutes - January 11, 2007 Page 9 1 through the process and understand the law. 2 3 Councilmember Trude stated she appreciates the record from the Planning and Zoning 4 Commission. 5 6 Mr. Falk asked if all the Planning and Zoning Commissioners have been showing up 7 for meetings regularly. Councilmember Trude stated she thought it has been pretty 8 good but they don't have an attendance record. 9 10 Mr. Falk stated he brought it up because he rearranged his schedule with his family, 11 work won't be an issue, and he will be able to attend meetings and volunteer for task 12 forces. 13 14 Mayor Gamache stated that one member has resigned because of schedule issues. 15 16 Dou!!: Olson-Planning and Zoning Commission 7:00 p.m. 17 1.8 Mr. Olson stated he interviewed last year. With another year of residency, he still has a 19 keen interest in the community. His background is in project management. He has 20 been in real estate for about four years and has worked with groups and committees. 21 His goal is to contribute to the development of the city. 22 23 Councilmember Knight asked whether he feels city regulation should be applied 24 strictly or case-by-case. Mr. Olson stated the regulations should be applied strictly in 25 the sense they need to be used in making decisions. Ordinances are not just a guide 26 but there is room for some interpretation. He firmly believes they have to be guiding 27 principles in making decisions. 28 29 Councilmember Knight stated they would be applying for variances that would require 30 knowledge of what the rules are. 31 32 Mr. Olson stated that the rules would require strict interpretation. 33 34 Councilmember Jacobson asked in looking at his role in Planning and Zoning, what 35 the city of Andover is lacking that he would like to see changed or do better. Mr. 36 Olson stated that continuing to try to attract businesses and have open arm 37 environment for them to want to come to Andover. He stated there is a good basis of 38 population, but flexibility is important when listening to the citizens in what they want, 39 and reach out to the types of business as the city grows. He stated transportation is an 40 issue that could be looked at holistically. He stated his awareness that the City 41 Council, county, and Planning and Zoning look at the bigger picture. 42 43 Mayor Gamache asked what could have been done better in his own neighborhood 44 from a planning perspective. Mr. Olson replied that not specific to his neighborhood, Special Andover City Council Meeting Minutes-January 11,2007 Page 10 1 is to listen to citizens in what they are asking for in terms of services and development. 2 He stated that green space should be maintained. 3 4 Councilmember Orttel asked what is the most important issue facing Andover in the 5 next five years. Mr. Olson stated that creating an infrastructure to support the growth 6 is important. He stated Andover is a fast growing community. He came from Coon 7 Rapids. He stated that while a lot has been done already, a 5 year plan needs to 8 anticipate the needs of the population from a housing, services, and development 9 standpoint. 10 11 Councilmember Trude asked if he followed the open space referendum. She asked 12 how the city could add open space to the quality of the community. Mr. Olson stated 13 he is familiar with the open space referendum. There will be some self-interest by 14 people that should be accessible to the entire community. He stated uses should be for 15 the community as a whole. The referendum was pretty heavily supported and firmly 16 believes now is the time to do it. 17 18 Councilmember Trude asked if he sees a need in terms of additional parkland or in a 19 different way. Mr. Olson stated that a possibility for application of parks or areas 20 might entail a buffer for current developments. He stated it needs to be something that 21 is used throughout the city by all citizens. 22 23 Councilmember Trude asked ifhe would have a problem attending meetings. He 24 stated he would not. . 25 26 Mark Larison-Planning and Zoning Commission 7:10 p.m. 27 28 Mr. Larison was an appointed alternate for Planning and Zoning last year, Mr. Larison 29 stated that his interest is unchanged regarding volunteering for this capacity. 30 31 Councilmember Trude stated the city has grown fast but now things are slowing down. 32 She asked what some of the issues and problems facing the city currently are. Mr. 33 Larison stated a good summary from last year, reading the response of the Council and 34 Mayor in warding off the high-density effort by the Met Council. He stated it speaks 35 well on how well aligned the council and leadership of the city is. 36 37 Councilmember Orttel asked what role the city should playas they continue to grow. 38 Mr. Larison stated he lives in the urban southwest part of the city, but he doesn't feel it 39 is urban. He stated it appeals to him because he has small children. He values that the 40 city has high-density development but the city also provides the option to have acreage 41 and a limit on commercial development. He envisioned the city staying much like it is 42 now. He values that and stated it takes strong leadership to keep it that way. 43 44 Mayor Gamache asked ifhe is familiar with the open space referendum. Mr. Larison Special Andover City Council Meeting Minutes - January 11, 2007 Page 11 1 stated no. 2 3 Mayor Gamache explained the open space referendum, and that it was voted on by the 4 citizens. He asked what his thoughts are on the benefits of an open space referendum, 5 and moving forward what areas would he think it to benefit. 6 7 Mr. Larison stated that in all levels of government the set aside of public space is 8 important and it is public funds spent well. He stated that it was good the referendum 9 passed. He didn't vote this year, one of the first years he hasn't, because his father 10 passed away the week before the election and his funeral was on Election Day. He 11 missed out on a lot of the issues that he usually bones up on right before election. 12 13 Councilmember Jacobson stated that about seven or eight people have applied and so 14 far the candidates are good. He asked why the City Council should appoint him. Mr. 15 Larison stated that his background is well suited for the job. He stated that everything 16 of progress is done through teams in his experience. He started out with the Corp of 17 Engineers. For the past 10 years he has worked around project engineering. He would 18 bring technical skills on proj ect drawings, credibility about how contractors 19 communicate on commercial and building projects. He has a lot of experience with 20 leading teams and being part of teams, most of that coming from his current job at 3M 21 where everything of progress is done by teams. With such a big company, it is 22 difficult to steer without consensus. He considers himself a long-term resident of 15 23 years. He is proud of being an Andover citizen. He feels it is an important job. He 24 agrees with the group's perspective. 25 26 Councilmember Knight asked ifhe would apply ordinances strictly or case-by-case as 27 citizens come for variances. Mr. Larison stated his tendency, as an engineer is to break 28 down the problem in a technical way. When he compares requirements to the code, he 29 would do it factually versus emotionally, not based on charisma or position in society. 30 He stated his tendency would be more factual or err toward the stricter side of 31 interpretation when it is written in black and white. He would treat people respectfully 32 and listen to arguments and grey areas. He stated for issues clearly outside of what is 33 written he would tend to be strict. 34 35 Councilmember Trude asked if he would have an issue with attending meetings. Mr. 36 Larison stated he is aware of them and would make them. He stated his observation 37 about how the Council wants to align with the people they appoint. He noted a recent 38 example of exterior storage or dumpsters. He stated the Commission sounded like 39 they would recommend a conditional use permit and that didn't fly with the Council. 40 He asked how it was intended to work. 41 42 Councilmember Orttel stated the council has proprietary interest whereas the 43 Planning Commission doesn't take that into account. 44 Special Andover City Council Meeting Minutes-January 11,2007 Page 12 1 Councilmember Trude stated that the Planning Commission gets a lot off acts in the 2 record but additional factors come to the council and that affects decisions. She stated 3 that neighborhood input came in after the Planning Commission met. She stated the 4 issues addressed about hours of operation were discussed more thorougWy. She stated 5 that the Planning Commission didn't have the owner of the business present at the 6 meeting. She stated that the Council doesn't always see the same thing the Planning 7 Commission has but the Planning Commission record is important. 8 9 Mayor Gamache concurred it is important that the city take the Planning Commission 10 record into consideration. He stated the Planning Commission is able to keep politics 11 out of their decision-making, whereas the City Council is not always able to do that. 12 Even though the City Council may disagree, there is still a high level of respect for the 13 work that the Planning Commission does. 14 15 Dennis Cleveland-Planning and Zoning Commission 7:20 p.m. 16 17 Mr. Cleveland stated he is a former school social worker, retired in June from School 18 District 11. He worked for 30 years at the county and was in the military before that. 19 He substitute teaches now. He has a lot of hobbies like knitting, clock repair, and 20 leatherwork. When he is home, he enjoys watching City Council meetings. 21 22 Councilmember Knight asked if he would have trouble making meetings. Mr. 23 Cleveland stated he would not have any trouble making meetings. 24 25 Councilmember Knight asked how he sees the open space referendum playing out. 26 Mr. Cleveland stated that he is always saddened when he sees open space developed. 27 He lives on 2.5 acres. He stated that the groundwater for open space needs to left 28 alone. He stated that whether park or wildlands, he is more in favor of space. and 'green 29 than vinyl siding. 30 31 Mr. Knight asked what his vision is for the open space referendum. Mr. Cleveland 32 stated his youngest daughter lives in Queens. The last time he was in New York, he 33 went to Central Park. He commended New York for doing it right. Central Park is 34 one of the most beautiful places and that kind of thing appeals to him. It is built up 35 enough to utilize the space by walking, riding a bicycle, but if they built too much into 36 it, it becomes a just another destination. 37 38 Councilmember Jacobson asked ifhe would handle requests for variance from the 39 ordinance strictly or case-by-case. Mr. Cleveland stated that he has watched some of 40 the Planning and Zoning meetings on cable. He stated the ordinance is there for a 41 reason. There is often a request for a lot split, but does it not meet requirements by 10 42 feet. He stated that if it sets a precedent or if granting the variance has the effect of 43 changing the ordinance, it shouldn't be done until the ordinance is changed. He stated 44 that a service should be provided to the citizen but the city should also be protected by Special Andover City Council Meeting Minutes - January 11, 2007 Page 13 1 the ordinance. His role would be to serve for the good of the entire City of Andover. 2 Ifhe couldn't guarantee that outcome, then he couldn't say yes to the request. 3 4 Mayor Gamache asked what he thought the most important issue would be for the city 5 in the next 5-10 years. Mr. Cleveland stated that it would be growth. He stated that 6 growth happens, then 5-10 years later the county gets around to figuring out they 7 should have done something different with roads. He suggested that planning first is 8 important, and platting approval is important. 9 10 Councilmember Orttel stated the Planning Commission has a responsibility to refresh 11 the Comprehensive Plan, highways, land uses, housing. He asked Mr. Cleveland how 12 he would he fit into that situation and goals. 13 14 Mr. Cleveland stated his favorite thing he did while working for the school district was 15 when people came to him to "Rockford" things. He stated that asking the questions in 16 the way that elicits information that is needed, finding out as much as can be found. 17 He stated it was his job to figure things out, ask the right kind of questions, and make 18 informed decisions. He stated his job on the Planning Commission is to do that thing 19 and present the Council with it. 20 21 Councilmember Trude asked if there are questions that he would like to ask ifhe had 22 an opportunity after watching meetings. Mr. Cleveland stated he could not cite an 23 example where there was some gross oversight. 24 25 Councilmember Trude asked what kind of a hat or perspective he would add to the 26 team that is already in place. Mr. Cleveland stated he would juggle all perspectives. 27 He has been in positions where he has done the work ahead of the decision maker. 28 29 Councilmember Trude asked as the city grows and plans the Rural Reserve, does he 30 see Andover continuing to look a lot more the same or what would he expect to see. 31 Mr. Cleveland stated there would be people who continue to want to relocate to 32 Andover. A lot of it is the schools since Andover Elementary was built. He enjoys the 33 more rural nature of Andover and would not like to see that change a whole lot. He 34 stated that if there is planning and consistency it can be maintained. There is some 35 spot for light industry like Ramsey has for a mix of taxation. He stated he enjoys 36 watching the broadcast on cable. He hopes that whatever he brings to the table is 37 something the Council is interested in. 38 39 Ernest Bedor- Park and Recreation Commission 7:40 p.m. 40 41 Mr. Bedor stated he has no new information to add to his resume since the last time he 42 applied. 43 44 Councilmember Trude stated that every time he comes back there is an important issue Special Andover City Council Meeting Minutes-January 11,2007 Page 14 1 facing the city. She asked what the next issue the Park and Recreation Commission 2 will face is. Mr. Bedor stated that the challenge will be to maintain the parks the city 3 already has. He feels there is going to be a slowdown of growth. Hopefully baseball 4 will solve the problem with conflict with softball and baseball. He stated there is still 5 a need for soccer fields and now there is a crunch with fields because of lacrosse. He 6 expects more need for soccer fields. 7 8 Councilmember Trude asked if they don't go in neighborhood parks, what can be 9 done. Mr. Bedor stated he wasn't sure but there has to be land available somewhere 10 for fields otherwise the answer might be to put more lights so there can be an extra 1-2 11 games. 12 13 Councilmember Ortte1 asked what the biggest asset is in the city parks system. Mr. 14 Bedor stated the Field of Dreams complex is a beautiful complex. Prairie Knoll is a 15 big assetas well. 16 17 Councilmember Ortte1 asked what the biggest constraint for the city parks system is. 18 Mr. Bedor stated that there has been a better job done with maintenance of baseball 19 fields. He stated there is a more concerted effort to put up more basketball hoops. 20 There is one basketball court that gets more use than others. Basketball courts are 21 fairly inexpensive to build. 22 23 Mayor Gamache asked about the new policy for the use of fields for teams and athletic 24 associations. He asked what Mr. Bedor's thoughts are on the policy. Mr. Bedor 25 thought that originally it was a waste of time but it was a good message sent to 26 discourage renegade teams and leagues from forming. He thinks the working paper 27 agreement will hopefully try to discourage people from trying to branch out on their 28 own. He stated it is always good to have some sort of written policy. Baseball and 29 softball had worked things out well before they even come to the City Council. He 30 feels it acts as an insurance policy. 31 32 Councilmember Jacobson asked what his impression is about how the Park and 33 Recreation Commission works between the members themselves, and are there areas 34 where the Park and Recreation Commission could help itself. Mr. Bedor stated it is a 35 fairly routine process. He stated that teams apply for permits to use fields before it 36 comes before the Council. For the most part, there is agreement to move ahead. He 37 thinks there is a good relationship with coaches. The coaches enjoy getting together 38 with some good give and take to get along with the Park and Recreation Commission. 39 40 Councilmember Knight asked if there is anything lacking or needed in the parks 41 system. Mr. Bedor stated that as opposed to other communities, Andover is growing at 42 an explosive rate so they've played catch up for the last few years. After the parks are 43 fully developed, there may be a need to upgrade or build new. The maintenance of 44 parks has improved over what it was. Special Andover City Council Meeting Minutes-January 11,2007 Page 15 1 2 Councilmember Trude stated that he had missed five out of eleven Park Commission 3 meetings this past year. She asked what would change this year. Mr. Bedor stated that 4 sometimes things come up, but he tries to make as many as he can. He had a 5 combination of reasons for missing meetings but usually tried to let someone know 6 ahead of time. 7 8 Mayor Gamache called a recess at 7:50 p.m. 9 10 The meeting was reconvened at 8:05 p.m. and interviews resumed. 11 12 Garv Reddine:-Planning and Zoning Commission 8:05 p.m. 13 14 Mr. Redding stated he has been a self-employed real estate appraiser for 35 years. He 15 is now retired but stilI works a little on a part-time basis. 16 17 Councilmember Trude asked ifhe watches Planning Commission meetings on 18 television. Mr. Redding answered in the affirmative. 19 20 Councilmember Trude asked what the most important issue facing Andover in the next 21 five years from the community planning perspective is. Mr. Redding stated that 22 growth is important. He talked about the importance of installing infrastructure and 23 keeping it maintained. 24 25 Councilmember Trude stated there is a large area reserved west of the high school for 26 what would be the biggest change for the community and that would come before the 27 Planning Commission. It would have to be rezoned since it is now zoned agricultural. 28 She asked what kinds of things he would like to see in that area. 29 30 Mr. Redding stated he envisioned residential housing with townhouses in the mix. 31 32 Councilmember Orttel asked how his real estate appraisal and property valuation 33 background might affect his decision making while serving on the Planning 34 Commission. Mr. Redding stated he would see things others might not see as they 35 come up that would affect the value of a property. He noted the example of an empty 36 lot facing Round Lake Boulevard that the city has been faced with recently. He stated 37 that once turned down, there may be no access to the property. Eventually, the 38 property may be deeded back to the city. He acknowledged that was an unusual 39 situation. A duplex was tom down and now there's a vacant lot. He felt a new 40 building could have been turned around to face the street. 41 42 Councilmember Orttel stated that ordinances don't allow new construction to face the 43 back of property lines, and placement of the driveway is a problem. 44 Special Andover City Council Meeting Minutes - January 11, 2007 Page 16 1 Mayor Gamache asked Mr. Bedor ifhe has any thoughts about how the open space 2 referendum would work and what he envisioned for it. Mr. Redding stated he hadn't 3 thought much about it, but would want to buy low lands. Those lands should be 4 relatively inexpensive to buy. 5 6 Councilmember Jacobson asked about his decision-making and what to take into 7 consideration for variance requests or ordinance enforcement questions. Mr. Redding 8 stated he would take into consideration how it affects the neighbors. Sometimes the 9 ordinances have to be changed if public safety is injeopardy. 10 II Councilmember Knight asked what the city's role for growth should be. He asked if it 12 should be promoted or taken as it comes. Mr. Redding stated he is in favor of taking it 13 as it comes. He would like to search out more commercial for the city. Residential 14 growth will come but it should be planned for. 15 16 Anthonv Kowalewski- Park and Recreation Commission 8:05 p.m. 17 18 Mr. Kowalewski presented copies of his resume. He stated he was a high school and 19 college basketball and football official before he became vision handicapped. Since 20 then he has been part of the community youth football program since it started. He 21 was equipment director. His son has been part of the youth football program for 22 years. Now his son plays football at the high school. His children have also 23 participated in soccer, T -ball, and softball programs. 24 25 Councilmember Trude asked ifhe has attended some of the Park meetings. Mr. 26 Kowalewski replied in the affirmative. 27 28 Councilmember Trude asked what he thought some of the biggest issues facing the 29 Parks Commission are. Mr. Kowalewski stated he is aware of how quickly the youth 30 programs are building. There should be a plan to make sure all the sports programs are 31 planned well and funding is appropriated equally in the next five years. 32 33 Councilmember Trude asked if things are well planned in the event that the 34 baseball/softball complex and the football/soccer complex are full. Mr. Kowalewski 35 stated that number of kids in the baseball/softball program is very large. With the new 36 complex going up some of the other sports may have to share fields. He wasn't sure 37 how soccer would fit in. 38 39 Councilmember Ortrel asked what the biggest asset or constraint of the Parks 40 Department is. Mr. Kowalewski stated that Andover is one of the fastest growing 41 communities in the metropolitan area He stated that in turn, there needs to be a place 42 for kids to play. On the down side, he has noticed that some of the parks have filled. 43 Red Oaks East Park has turned into a dumping ground with a lot of vandalism. When 44 he first moved in 18 years ago, he used to walk to the park but now it's gone downhill. Special Andover City Council Meeting Minutes - January 11, 2007 Page 17 1 2 Mayor Gamache asked what he believes to be lacking in the city park system overall. 3 Mr. Kowalewski stated he believes there once was a problem with the football season, 4 and where the coaches were going to play kids. He stated eventually the youth football 5 program got together with the baseball program and worked out a schedule. 6 7 Councilmember Jacobson stated when a plat comes in the Park and Recreation 8 Commission can ask for money. He asked if is still a good idea to have a lot of small 9 tot lots as opposed to taking money for larger complexes where a mnnber of activities 10 can be held. 11 12 Mr. Kowalewski stated that availability to parks is one of the things that kept him out 13 of trouble growing up in poverty in Milwaukee. He stated it is critical that Andover 14 keeps up the opportunities for family togetherness and safe places for children. 15 16 Councilmember Jacobson asked if funding isn't available for larger complexes what 17 kind of a trade off would he recommend. Mr. Kowalewski stated he would look at 18 whether the programs have been growing. If they have been growing, then long term 19 planning should take place for future expenditures. 20 21 Councilmember Knight stated that all cities go through cycles. He asked when this 22 generation is gone, what his plan would be for all the tot lots. 23 24 Mr. Kowalewski stated that he would look at the school district statistics to look at 25 what is expected to happen 5-10 years from now to bring things in and change the use 26 of parks. Mr. Kowalewski stated that he wants to serve because he is 100 percent loyal 27 to the city of Andover. He stated that parks can be converted based on what citizens 28 want as well. 29 30 Councilmember Trude asked about his schedule and whether he would be able to 31 attend meetings. Mr. Kowalewski stated he wouldn't have any problem with attending 32 meetings. 33 34 Larrv Welborn- Park and Recreation Commission 8:15 p.m. 35 36 Mr. Welborn was not present. 37 38 Bill Huoo-Planning and Zoning/Park and Recreation Commission 8:17 p.m. 39 40 Mr. Hupp stated he would be interested in getting involved with the Planning and 41 Zoning Commission as his top choice but either commission would be fme. He stated 42 he served on the EDA before. 43 44 Councilmember Knight asked if someone was appearing for a variance, would his Special Andover City Council Meeting Minutes-January 11,2007 Page 18 1 perspective be to apply rules and ordinances strictly or case by case. Mr. Hupp stated 2 he would enforce according to the ordinance criteria. He stated he would know the 3 ordinance well. 4 5 Councilmember Jacobson asked what he would change in terms of planning and 6 direction of the city ifhe had the opportunity. Mr. Hupp stated the he would look at 7 things from an overall master plan. He likes the Rural Reserve master plan. He likes 8 to have a good concept of the overall plan, what the most beneficial areas are for 9 business, access, or schools, and then start looking at options for commercial versus 10 transitional. 11 12 Councilmember Jacobson asked if the city has gone in any direction that he doesn't 13 like. Mr. Hupp stated the city started taking action with hazardous waste years ago and 14 he thought the agenda could have been set better. People aren't real encouraged with 15 the higher end developments with close apartments. He felt staying the course with 16 open space is important and encouraging with high-end housing. He would like to see 17 rehab and developing things to keep up valuation. 18 19 Mayor Gamache asked what his thoughts are about the open space and how Planning 20 and Zoning might fit into his vision for open space. Mr. Hupp stated that when the 21 land becomes available on the southwest corner of Andover with lowlands, it would be 22 a good opportunity to obtain more land. He stated land can still be purchased 23 reasonably. Trails would be beneficial and wetlands should be preserved rather than 24 developed. 25 26 Councilmember Ortrel asked what the city's biggest asset is. Mr. Hupp stated it is 27 without a doubt, the Community Center and Downtown Center. He thought the city 28 did a wise thing to bring people in. 29 30 Councilmember Trude noted that Mr. Hupp has been on the Park Commission and 31 doing a good job because he has been involved with many activities. She asked ifhe 32 thought this year, after the baseball complex opens, the city met the need of every 33 request? 34 35 Mr. Hupp stated that a lot of fields don't get multiple use throughout the entire year. 36 The Parks Department starting to look at irrigating things, hooking up the water system 37 and using city water, may not be in the best interest of the city. Putting things in the 38 outlying area where there aren't city wells might be a good idea. 39 40 Councilmember Trude asked what will happen to parks in the next five years. Mr. 41 Hupp replied that some of the parks can be irrigated, such as Hawk Ridge. He stated 42 there was a consensus to get rid of some of the soccer fields and put in hockey rinks 43 with a well and necessary amenities. 44 Tracy Chipman-Not available Special Andover City Council Meeting Minutes - January 11, 2007 Page 19 1 2 Mayor Gamache stated that Ms. Chipman was not available to interview until Tuesday 3 night before the City Council meeting, directly after the EDA meeting. 4 5 Councilmember Jacobson asked if there would be enough time to make appointments 6 if the interviews were set to commence at 6:45 p.m. Mayor Gamache stated that the 7 appointment can be made 3fter the City Council meeting. 8 9 Councilmember Trude asked if applicants should be considered after the January 2 10 application deadline. She stated that Ms. Chipman's name did not appear on the list 11 provided to the Council members. She stated that originally the deadline for 12 applications was the end of December. All other applications were dated prior to 13 December. 14 15 Mayor Gamache noted that Ms. Chipman's application was dated prior to January 2nd 16 so she could be considered. 17 18 No motion was made to appoint. Meeting adjourned at 8:30 p.m. 19 20 Respectfully submitted, 21 22 Rhonda Thielen, Recording Secretary 23 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 SPECIAL CITY COUNCIL MEETING JANUARY 16,2007 - MINUTES The Special Meeting of the Andover City Council was called to order by Mayor Mike Gamache, January 16,2007,6:42 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota. Councilmembers present: Councilmember absent: Also present: Don Jacobson, Mike Knight, Julie Trude Ken Orttel Others TRACY CHIPMAN Ms. Tracy Chipman discussed her background and objectives as to why she wants to be on the Planning Commission. Councilmember Trude wondered ifher focus is only her neighborhood and the issue she appeared at the City Council for while filling out the application or what was her focus. Ms. Chipman stated it started with focusing on the particular issue and it opened her eyes to everything. She started to realize her concern is with the entire City. Mayor Gamache wondered what the most important issues would be over the next five years. Ms. Chipman thought the biggest concern the City will face is going to not be one particular issue but being able to not only plan for the short term but also being able to plan for the long term. Councilmember Jacobson asked if someone came in and asked for a variance how would she go about working through it and come to a decision. Ms. Chipman thought being able to get all of the facts, not only from the applicant but from the surrounding property is key. She would also want to make sure that the variance would make sense in the future as well as today. Councilmember Knight wondered if she has a problem with meeting nights. Ms. Chipman indicated she did not have any problem with meeting on Tuesday evenings. Councilmember Knight wondered how she sees Andover in terms of looking ahead. Ms. Chipman thought since she has been in Andover, it has grown by word of mouth and she has seen so much growth by word of mouth and they do not have to spend a lot of money to attract people. Councilmember Knight asked what she thought Andover's identity is. Ms. Chipman stated she sees Andover as a family type community. Regular Andover City Council Meeting Minutes - January 16, 2007 Page 2 1 Councilmember Jacobson wondered if she has watched any Planning Commission meetings and 2 what she thought of them. Ms. Chipman stated she noticed even though the members are all 3 individuals, they also work well as one. 4 5 Councilmember Jacobson asked how she would handle opposition from other members. Ms. 6 Chipman thought the most important thing is to be viewed by the public as a team and not as 7 individuals. 8 9 Councilmember Trude wondered what her preference would be as a resident for the type of 10 housing. Ms. Chipman thought it is important to fmd a good mix in the City. She thought a lot 11 of the developers in the City have done a good job in trying to mix the different groups together. 12 13 Councilmember Jacobson wondered how she feels about the growth of Andover. Ms. Chipman 14 thought if they give up too much of the openness, people will not want to live here anymore. 15 16 Counci1member Knight wondered what her feeling on the open space referendum is. Ms. 17 Chipman stated she likes that idea because they need the open area for the people to use. 18 19 Ms. Chipman thinks the Commission is the fIrst place for people to go. She thought the Planning 20 Commission did a terrifIc job and she wondered if the Council agreed that the Planning 21 Commission helped make decisions because that is the way it seems. Mayor Gamache stated 22 they depend on the Planning Commission's opinions, even if the Council does not agree on them. 23 24 25 The Council recessed at 6:55 p.m. to go into the City Council meeting. 26 27 The Council reconvened at 9:35 p.m. 28 29 30 Councilmember Jacobson indicated he is looking for gender equity on a Commission. 31 32 The Council discussed the potential candidates and the reason for picking each one for the 33 Commissions. 34 35 Motion by Jacobson, Seconded by Trude to appoint F alk and Cleveland to the Planning Commission. 36 Motion carried unanimously. 37 38 Motion by Trude, Seconded by Jacobson, to appoint Kowalewski to the Park and Recreation 39 Commission. Motion carried unanimously. 40 41 Motion by Jacobson, Seconded by Gamache, to appoint Scott and Butler, to the Park and Recreation 42 Commission. Motion carried unanimously. 43 44 Motion by Knight, Seconded by Gamache, to make Larison as first alternate, Chipman as second Regular Andover City Council Meeting Minutes - January 16, 2007 Page 3 1 alternate to the Planning Commission. Motion carried lUlanimously. 2 3 Motion by Jacobson, Seconded by Trude, to make Hupp frrst alternate and Bedor as second alternate 4 to the Park and Recreation Commission. Motion carried lUlanimously. 5 6 Motion by Knight, Seconded by Jacobson, to keep the current Chairpersons and Vice Chairpersons 7 on both Commissions. Motion carried lUlanimously. 8 9 COlUlcilmember Knight wondered if they are appointing for the Community Center Committee. Mr. 10 Dickinson stated they anticipated getting someone shortly. 11 12 Motion by Trude, Seconded by Knight, to adjourn the meeting. Motion carried lUlanimously. 13 14 The meeting adjourned at 9:55 p.m. 15 16 Respectfully submitted, 17 18 Susan Osbeck, Recording Secretary 19 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 SPECIAL CITY COUNCIL MeETING JANUARY 16, 2007 - MINUTES The Special Meeting of the Andover City Council was called to order by Mayor Mike Gamache, January 16, 2007, 6:42 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota. Councilmembers present: Councilmember absent: Also present: Don Jacobson, Mike Knight, Julie Trude Ken Orttel Others TRACY CHIPMAN Ms. Tracy Chipman discussed her background and objectives as to why she wants to be on the Planning Commission. Councilmember Trude wondered ifher focus is only her neighborhood and the issue she appeared at the City Council for while filling out the application or what was her focus. Ms. Chipman stated it started with focusing on the particular issue and it opened her eyes to everything. She started to realize her concern is with the entire City. Mayor Gamache wondered what the most important issues would be over the next five years. Ms. Chipman thought the biggest concern the City will face is going to not be one particular issue but being able to not only plan for the short term but also being able to plan for the long term. Councilmember Jacobson asked if someone came in and asked for a variance how would she go about working through it and come to a decision. Ms. Chipman thought being able to get all of the facts, not only from the applicant but from the surrounding property is key. She would also want to make sure that the variance would make sense in the future as well as today. Councilmember Knight wondered if she has a problem with meeting nights. Ms. Chipman indicated she did not have any problem with meeting on Tuesday evenings. Councilmember Knight wondered how she sees Andover in terms of looking ahead. Ms. Chipman thought since she has been in Andover, it has grown by word of mouth and she has seen so much growth by word of mouth and they do not have to spend a lot of money to attract people. Councilmember Knight asked what she thought Andover's identity is. Ms. Chipman stated she sees Andover as a family type community. Regular Andover City Council Meeting Minutes - January 16, 2007 Page 2 1 Cauncilmember Jacabsan wandered if she has watched any Planning Cammissian meetings and 2 what she thaught af them. Ms. Chipman stated she naticed even thaugh the members are all 3 individuals, they alSo. wark well as ane. 4 5 Cauncilmember Jacabsan asked how she wauld handle appasitian fram ather members. Ms. 6 Chipman thaught the mast impartant thing is to. be viewed by the public as a team and nat as 7 individuals. 8 9 Cauncilmember Trude wandered what her preference wauld be as a resident far the type af 10 hausing. Ms. Chipman thaught it is impartant to. find a gaad mix in the City. She thaught a lat 11 af the develapers in the City have dane a gaad jab in trying to. mix the different graups tagether. 12 13 Cauncilmember Jacabsan wandered haw she feels abaut the grawth af Andaver. Ms. Chipman 14 thaught if they give up taa much afthe apenness, peap1e will nat want to. live here anymore. 15 16 Cauncilmember Knight wandered what her feeling an the apen space referendum is. Ms. 17 Chipman stated she likes that idea because they need the apen area far the peaple to. use. 18 19 Ms. Chipman thinks the Cammissian is the first place far peaple to. go.. She thaught the Planning 20 Camri:rissian did a terrific jab and she wandered if the Cauncil agreed that the Planning 21 Cammissian helped make decisians because that is the way it seems. Mayor Gamache stated 22 they depend an the Planning Cammissian's apinians, even if the Cauncil daes nat agree an them. 23 24 25 The Cauncil recessed at 6:55 p.m. to. go. into. the City Cauncil meeting. 26 27 The Cauncil recanvened at 9:35 p.m. 28 29 30 Cauncilmember Jacabsan indicated he is laaking far gender equity on a Cammissio.n. 31 32 The Cauncil discussed the patential candidates and the reasan for picking each ane far the 33 Cammissians. 34 35 Matian by Jacabsan, Secanded by Trude to. appaint Falk and Cleveland to. the Planning Cammissian. 36 Matian carried unanimausly. 37 38 Matian by Trude, Secanded by Jacabsan, to. appaint Kawalewski to. the Park and Recreatian 39 Cammissian. Matian carried unanimously. 40 41 Matian by Jacabsan, Secanded by Gamache, to. appaint Scatt and Butler, to. the Park and Recreatian 42 Cammissian. Matian carried unanimausly. 43 44 Matian by Knight, Secanded by Gamache, to. make Larisan as first alternate, Chipman as secand Regular Andover City Council Meeting Minutes - January 16, 2007 Page 3 1 alternate to the Planning Commission. Motion carried unanimously. 2 3 Motion by Jacobson, Seconded by Trude, to make Hupp first alternate and Bedor as second alternate 4 to the Park and Recreation Commission. Motion carried unanimously. 5 6 Motion by Knight, Seconded by Jacobson, to keep the current Chairpersons and Vice Chairpersons 7 on both Commissions. Motion carried unanimously. 8 9 Councilmember Knight wondered if they are appointing for the Community Center Committee. Mr. 10 Dickinson stated they anticipated getting someone shortly. 11 12 Motion by Trude, Seconded by Knight, to adjourn the meeting. Motion carried unanimously. 13 14 The meeting adjourned at 9:55 p.m. 15 16 Respectfully submitted, 17 18 Susan Osbeck, Recording Secretary 19 Regular Andover City Council Meeting Minutes - January 16, 2007 Page 10 REGULAR ANDOVER CITY COUNCIL MEETING MINUTES - JANUARY 16,2007 TABLE OF CONTENTS PLEDGE OF ALLEGIENCE..................................................................................................... 1 SPECIAL PRESENTATION - ALLINA, ANOKA COUNTY SHERIFF, FIRE DEP ARTMENT.................................................................................................................... 1 ACKNOWLEDGE COMMISSION MEMBERS' SERVICE................................................... 1 RESIDENT FORUM ................................................................................................................. 2 AGENDA APPROV AL............................................................................................................. 2 APPROVAL OF IvIINUTES ......................................................................................................2 CONSENT ITEMS Approve Payment of Claims ................................................................................................2 Approve 2006 Pay Equity Compliance Report.................................................................... 2 Approve Quote/Authorize Expenditures for Robotic Total Station .................................... 2 RECEIVE ANOKA COUNTY SHERIFF DEPARTMENT MONTHLY REPORT Received........ .... ..... ............... .............. ................ ..... ........... ..... ............... ..... .... ...................... 3 CALL FOR SALE OF BONDS Motion to Approve (RES. R005-07 and RES. R006-07)...................................................... 3 HOLD PUBLIC HEARING/ORDER PLANS & SPECS/07-2/2007 OVERLAYS Motion to Open Public Hearing............................................................................................ 4 Motion to Close Public Hearing ........................................................................................... 6 Motion to Approve (RES. R008-07)....................:................................................................ 6 PUBLIC HEARING/CONSIDER CONDITIONAL USE PERMITIMINING PERMIT/ 2748 161sT AVENUE SW Motion to Open Public Hearing............................................................................................7 Motion to Close Public Hearing ........................................................................................... 7 Motion to Approve....,............................................................................................................ 7 RESCHEDULE FEBRUARY 20,2007 MEETING ................................................................. 7 SCHEDULE FEBRUARY WORKSHOP .................................................................................8 SCHEDULE EDA MEETING................................................................................................... 8 PUBLIC WORKS/CITY COUNCIL WORKSHOP.................................................................. 8 ADMINISTRATOR REPORT .................................................................................................. 8 MAYOR/COUNCIL INPUT Conservation Development Discussion ....... .................................... ............ .... ..................... 9 Quad City Meeting ........... ............ ........ ...... .... .................................... .......... .... ... ...... ....... ..... 9 Boy Scout Citizenship Badge ............................................................................................... 9 ADJOURNMENT......................................................................................................................9 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 REGULAR ANDOVER CITY COUNCIL MEETING - JANUARY 16,2007 MINUTES The Regular Bi-Montbly Meeting of the Andover City Council was called to order by Mayor Mike Gamache, January 16, 2007, 7:00 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota. Councilmembers present: Councilmember absent: Also present: Don Jacobson, Mike Knight, Julie Trude Ken Orttel City Attorney, Scott Baumgartner Fire Chief, Dan Winkel City Engineer, Dave Berkowitz City Administrator, Jim Dickinson Community Development Director, Will Neumeister Others PLEDGE OF ALLEGIANCE SPECIAL PRESENTATION -ALLINA, ANOKA COUNTY SHERIFF, FIRE DEPARTMENT Mr. Bill Skog, Allina Hospitals and Clinics, explained on November 25, 2006 a call was put out to emergency services that a female was choking at a residence in Andover, The Sheriff's Deputies, Fire/Rescue and Allina Medical all responded to assist. Due to the commotion on the scene that day it was not immediately known to emergency responders that 10 year old Brenna Croal had performed the Heimlich maneuver on her grandmother, thus, saving her life. It was later discovered that this heroic effort had taken place and it is with great pleasure and an honor that staff from Allina Medical, Anoka County Sheriff's and Andover Fire are presenting an award to Brenna for her unselfish acts of heroism. Lieutenant Brian Podany, Anoka County Sheriff's Office, Fire Chief Winkel, Mayor Gamache and the City Council acknowledged Brenna Croal for her very unselfish act of heroism in saving her grandmother's life. Mayor Gamache and Fire Chief Winkel awarded Brenna Croal the certificate for her actions on November 25, 2006. ACKNOWLEDGE COMMISSION MEMBERS' SERVICE Mayor Gamache and the City Council acknowledged Planning Commission Member Rex Greenwald for his service on the Commission. Regular Andover City Council Meeting Minutes - January 16, 2007 Page 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 Mr. Greenwald thanked the Council for allowing him to serve on the Commission. He stated the Council and Mayor have done an outstanding job for the City and he was honored to help where he could for the City. Councilmember Trude thanked Mr. Greenwald for his dedication and he added a real human side to the meetings. She stated he was never afraid to pursue a matter to the point where everyone had a good understanding of what was the issue was before the Planning Commission and the Council. He stated he left his mark while serving on the Planning Commission. RESIDENT FORUM No one wished to address the Council. AGENDA APPROVAL There were no changes. Motion by Jacobson, Seconded by Knight, to approve the Agenda as amended above. Motion carried unanimously. APPROVAL OF MINUTES January 2, 2007, Regular Meeting: Correct as written. Motion by Knight, Seconded by Trude, approval of Minutes as indicated above. Motion carried unanimously. CONSENT ITEMS Item 2 Item 3 Item 4 Approval of Claims Approve 2006 Pay Equity Compliance Report Approve Quote/Authorize Expenditures for Robotic Total Station Motion by Jacobson, Seconded by Trude, approval of the Consent Agenda as read. Motion carried unanimously. RECEIVE ANOKA COUNTY SHERIFF DEPARTMENT MONTHLY REPORT Regular Andover City Council Meeting Minutes - January 16, 2007 Page 3 1 Lieutenant Brian Podany, Anoka County Sheriff's Department, provided an update on law 2 enforcement activities occurring witllln Andover. 3 4 Councilmember Jacobson asked with the snow if they have had any problems with snovvroobiles. 5 Lieutenant Podany indicated they have not had any in Andover but they have elsewhere in the 6 . County. 7 8 Councilmember Trude wondered if the lakes are safe to go on. Lieutenant Podany indicated they are 9 not safe yet because of the fluctuation in temperature. 10 11 12 CALL FOR SALE OF BONDS 13 14 City Administrator Dickinson explained as part of the 2007-2011 Capital Improvement Plan (CIP) 15 the City contemplated the issuance of bonds for various public improvements and equipment 16 purchases. This agenda item initiates that process. 17 18 Mr. Todd Hagen, from Ehlers & Associates, discussed the sale of the bonds with the City Council. 19 20 Councilmember Jacobson asked in the resolution on the $6.6 million dollar one, the resolution 21 heading says "Providing for the Sale of' but if they go down to the authorization, it says "We 22 authorize you to Solicit Proposals" and in his mind these are two different tlllngs. Mr. Hagen stated 23 this is up to interpretation. It is just authorizing Ehlers to solicit proposals. They could change the 24 title of the resolution is they so desire. Mr. Dickinson indicated the actual sale would not take place 25 until the point in time they receive proposals and then they would accept the agreement and do the 26 sale. At that point the Council will actually authorize the sale. Mr. Dickinson stated they could 27 change the wording to "solicit proposals". 28 29 Motion by Jacobson, Seconded by Knight, to approve the Resolution providing for the sale of 30 $765,000 General Obligation Equipment Certificates Series 2007 A. Motion carried unanimously. 31 (RES R005-7) 32 33 Motion by Jacobson, Seconded by Knight, to approve the Resolution providing for the sale of 34 $6,595,000 General Obligation Water Revenue Refunding Bonds, Series 2007B. Motion carried 35 unanimously. (RES R006-07) 36 37 38 HOLD PUBLIC HEARING/ORDER PLANS & SPECS/07-2/2007 OVERLAYS 39 40 City Engineer Berkowitz stated the City Council is requested to hold a public hearing at 7:00 p.m. 41 for Project 07-2, for street mill and overlay in Woodland Ridge, Indian Meadows 3rd Addition and 42 Kelsey Estates. 43 44 Mr. Berkowitz discussed the staff report with the Council. RegularAndover City Council Meeting Minutes - January 16, 2007 Page 4 1 2 Councilmember Trude asked Mr. Berkowitz to explain the pavement rating system for the residents 3 and why the roads are needing replacement or repair. Mr. Berkowitz explained the pavement rating 4 system to the residents. 5 6 Motion by Jacobson, Seconded by Trude, to open the public hearing at 7:39 p.m. Motion carried 7 unanimously. 8 9 Mr. Floyd Adamczak, 15229 Fox Street, Indian Meadows, asked why they are installing cement curb 10 and gutter. They have no City storm drain system. They are 2.5 acre lots and they have rolled 11 blacktop curb now. The water drains where it is supposed to drain. He indicated he has talked to the 12 snow plow people and he does not understand the reasoning for putting in a cement curb and gutter. 13 He could see a flared or a gradually tapered bituminous curb but a regular curb and gutter system 14 there does not make any sense to him and there is none anywhere unless they go across County Road 15 7 where the houses are five hundred thousand dollars and up. He wondered why they are picking 16 these little areas to put in curb and gutter. 17 18 Mr. Berkowitz explained what is being proposed for the curb and gutter in the developments. 19 20 Mr. Adamczak asked what the total cost is for Indian Meadows. Mr. Berkowitz stated the engineer's 21 estimate was approximately $270,000 to do the area Mr. Adamczak stated he came up with 22 $246,000 and that is with $4,000 per restoration per family dwelling. Councilmember Jacobson 23 indicated the engineers usually estimate higher than the actual bill. 24 25 Mr. Adamczak indicated his property taxes over the past 4.5 years have gone up 44.5 percent and 26 with this proposed tax for this year is another six percent and this assessment, he will be paying 27 almost a ninety-two percent increase on his taxes in four years. Their taxes go for nothing but roads 28 and fire and the City Council budgets each year for a certain number of miles of road to be repaired. 29 He stated the increase for this year will also help pay for the road work done. 30 31 Councilmember Jacobson stated the amount quoted for property tax percent does not all go to the 32 City. It is about a third of the total tax bill that the City will receive. The extra money from the City 33 is paying for the roads. While Mr. Adamczak is getting a new road, everyone else is paying the same 34 amount and will not be getting a new road this year. 35 36 Mr. Adamczak stated his road has only been plowed twice this year and he wondered where the extra 37 money that was budgeted for snow removal is going. Mr. Dickinson stated with the dollars not 38 spent, their goal is to try to use those dollars to reduce the tax levy next year. They are also saving 39 money by not having to pay their employees overtime pay f9r snow removal. The snow plow 40 employees are doing City projects that would normally have to be contracted out. 41 42 Mr. Doug Stacklie, 15354 Guarani Street NW, Indian Meadows, wondered how much they could 43 save if they did not have the curb. If the sewer and water comes in later, how much will it cost to 44 replace the curb? Councilmember Trude indicated they did not have any projected date as to when Regular Andover City Council Meeting Minutes -January 16,2007 Page 5 1 sewer and water will come to the area. Mr. Berkowitz indicated there are no plans within the next 2 several years for sewer and water. 3 4 Mr. Berkowitz explained the difference between concrete curb and bituminous costs. 5 6 Mr. Stacklie stated he is looking for ways to cut costs with this project because some of the people 7 do not have the money to pay the assessment, even if it could be paid overtime, especially with 8 interest being added on to it. 9 10 Mr. Stacklie asked if the lots will change size in the near future because if they do, there will be 11 issues there too. Mayor Gamache stated they are not planning to do anything with the lots or 12 rezomng. 13 14 Mr. Stacklie indicated he did not like the seal coating of the roads and asked this not be done because 15 it ruins the roads. Mr. Berkowitz indicated they use a 1/8 inch trap rock on the roads and do not use 16 the small gravel pebbles anymore. 17 18 Mr. Stacklie stated they need to make sure the soil underneath the road is prepared correctly because 19 it was not done correctly in the first place. 20 21 Ms. Cindy Bradford, 4116 151 st Avenue NW, Kelsey Estates, stated she was at the previous meetings 22 . to discuss this item. The road is fifteen years old and when she got the first letter she called the City 23 and asked if the road was done correctly the first time, and when the road would be redone. The 24 answer she received was probably 30 years from now and she said the road was only fourteen years 25 old and wondered why she was paying thousands of dollars to repair it when it was probably built 26 and inspected by the City. She thought there was a credibility problem. She wondered how they 27 could be assured it will be done right this time if it was not done right the last time. She thought if 28 they could reduce the costs in anyway, that would be good. One of the things she keeps bringing up 29 is the concrete curb because she thought that was an Edina approach and this is a rural area. They 30 are not looking for Edina standards. 31 32 Ms. Bradford asked at the neighborhood meeting why the road failed and she thought the explanation 33 was kind of vague and she did not quite understand why they would have cement curb when at the 34 end of each of the roads, there will not be any roads with a cement curb. 35 36 Ms. Bradford asked why the City would not have the drivers be more careful when plowing so they 37 would not break up the bituminous curbs. Mr. Berkowitz indicated the snow plows are breaking up 38 the bituminous curb because it is softer. Concrete curb also provides a structural support for the 39 roadway. Another item is safety; it provides a clear curb line on the edge of the road. It will also 40 improve the drainage on the roadway. When they do a reconstruct in the future, the curb is in place 41 and they can come in and remill the bituminous and put a new surface on and not have to disturb the 42 boulevards in the future. 43 44 Ms. Bradford asked what kind of guarantee they get when they put them out for bid. Mr. Berkowitz Regular Andover City Council Meeting Minutes-January 16,2007 Page 6 1 indicated the guarantee is two years and they will usually find the failures in the road within that 2 time. 3 4 Mr. Stacklie asked if there will be rebar in the curb. This to him is a must. Mr. Berkowitz indicated 5 this is not typically done in curb and gutter. He stated there are expansion and contraction joints 6 added. 7 8 Mr. Adamczak wondered if this will be paid by a bond. Mr. Dickinson stated at this point they will 9 probably fund this project through their permanent improvement revolving fund which was 10 originally created by bond issuances. Mr. Dickinson explained the process for determining the 11 interest rate. 12 13 Mr. Steve Stelly, 17376 Bittersweet, Woodland Ridge, wondered what the next step of this process 14 is. Mr. Berkowitz stated if the Council approves this as written the project will move forward. The 15 time frame estimate is to bid the project early to receive the best bid possible. Construction of the 16 project would begin in the middle of June. After that they will schedule another public hearing 17 which is the assessment hearing to determine the assessment and interest rate for each resident. 18 19 Ms. Kathy Marozas, 17322 Bittersweet Street NW, Woodland Ridge, wondered what the difference 20 is between road repair, road construction and a new road. She wondered where else in the State this 21 type of assessment is being done. Mr. Berkowitz explained the differences. 22 23 Mr. Stelly stated it was mentioned that the bituminous is softer and he wondered if the roads would 24 be softer as well. Mr. Berkowitz indicated they would but it would not be noticed as much. He 25 explained why they are using a new type of bituminous and how it actually works better, prevents 26 cracking and lasts longer. 27 28 Mr. Stelly wondered if concrete is ever considered for a road reconstruction. Mr. Berkowitz stated it 29 was very expensive and would be prohibitive. He noted it is usually only used on interstates. 30 31 Motion by Knight, Seconded by Jacobson, to close the public hearing at 8:48 p.m. Motion carried 32 unanimously. 33 34 Motion by Jacobson, Seconded by Trude, to approve the Resolution ordering the improvement of 35 Project 07-2, street mill and overlay in the area of Woodland Ridge, Indian Meadows 3rd Addition 36 and Kelsey Estates. 37 38 Councilmember Trude indicated staff works for the entire City and if a resident has questions or 39 issues, they can call the City and someone will return the call. 40 41 Motion carried unanimously. (RES. R007-07) 42 Regular Andover City Council Meeting Minutes -January 16,2007 Page 7 1 PUBLIC HEARING/CONSIDER CONDITIONAL USE PERMlT/MINING PERMlT12748161sT 2 AVENUE NW 3 4 Community Development Director Neumeister stated the applicant is requesting to store up to 3,000 5 cubic yards of topsoil on the subject property. Bringing material in excess of 400 cubic yards onto a 6 property is considered land reclamation and requires a Conditional Use Permit. 7 8 Councilmember Jacobson wondered if the applicant could only apply for one extension of a permit 9 like this. He thought there was something in their policy that once an extension or revision to a 10 permit was applied for, it could only be done once. Mr. Neumeister was not aware of anything like 11 that. Mr. Neumeister stated they could pull the code book and look for an answer. 12 13 Mr. Rocky Lindberg, Forest Lake Contracting, stated some of the material is resalvaged material they 14 took off the County Road 9 project and they stock piled it there and reused most of it back onto the 15 County Road 9 project. He indicated the only dirt being sold is topsoil and has been sold to the 16 residents in Andover. The dirt is from the community and not outside of the community because of 17 the costs they have to incur. 18 19 Councilmember Jacobson wondered what the original permit was for. Mr. Lindberg thought it was 20 for three years. 21 22 Motion by Knight, Seconded by Trude, to open the public hearing at 8:58 p.m. Motion carried 23 unanimously. 24 25 No one wished to address the City Council. 26 27 Motion by Jacobson, Seconded by Knight, to close the public hearing at 8:59 p.m. Motion carried 28 unanimously. 29 30 Motion by Knight, Seconded by Trude, to approve the proposed Conditional Use Permit. 31 32 Councilmember Jacobson wondered if they should be looking at a minimum amount of bonding in 33 case it is not returned to its original condition at the end of the three year term. Mr. Lindberg stated 34 there is only topsoil on the property and the soil would be leveled out onto the field site. 35 36' Motion carried unanimously. (RES. R008-07) 37 38 39 RESCHEDULE FEBRUARY 20,2007 MEETING 40 41 City Administrator Dickinson stated School District # 15 has scheduled a special election for 42 February 20, 2007. Council will need to reschedule the February 20,2007 meeting. Council can 43 meet on Wednesday, February 21, 2007 or at 8:01 p.m. on Tuesday, February 20,2007. 44 Regular Andover. City Council Meeting Minutes - January 16, 2007 Page 8 1 Motion by Knight, Seconded by Jacobson, to reschedule the February 20, 2007 City Council meeting 2 to 8:01 p.m. on February 20,2007. Motion carried unanimously. 3 4 5 SCHEDULE FEBRUARY WORKSHOP 6 7 8 Motion by Knight, Seconded by Jacobson, to schedule a Special Council Workshop for February 27, 9 2007 at 6:00 p.m. Motion carried unanimously. 10 11 12 SCHEDULE EDA MEETING 13 14 15 Motion by Jacobson, Seconded by Trude, schedule an EDA meeting on February 6, 2007 at 6:00 16 p.m. Motion carried unanimously. 17 18 19 PUBLIC WORKS/CITY COUNCIL WORKSHOP 20 21 22 Motion by Knight, Seconded by Trude, to schedule a Public Works/City Council Workshop for 23 March 1,2007 at 6:00 p.m. Motion carried unanimously. 24 25 26 ADMINISTRATOR REPORT 27 28 City Administrator Dickinson updated the Council on the Administration and City department 29 activities, meeting reminders, Local Board of Appeal and Equalization Training reminder, 30 Hanson Boulevard NW Project update and miscellaneous projects. 31 32 City Engineer Berkowitz updated the Council on road improvements projects in the City. 33 34 Community Development Director Neumeister updated the Council on development activity in 35 the City. 36 37 Motion by Trude, Seconded by Jacobson, to contact the County Commissioners on behalf of the 38 Andover City Council representing its constituents to seek access to the use of Park Road A 39 during the term of the detour of Hanson Boulevard for people who are not using park facilities 40 but only using the road. Motion carried unanimously. 41 42 43 Regular Andover City Council Meeting Minutes - January 16, 2007 Page 8 1 Motion by Knight, Seconded by Jacobson, to reschedule the February 20,2007 City Council meeting 2 to 8:01 p.m. on February 20,2007. Motion carried unanimously. 3 4 5 SCHEDULE FEBRUARY WORKSHOP 6 7 8 Motion by Knight, Seconded by Jacobson, to schedule a Special Council Workshop for February 23, 9 2007 at 6:00 p.m. Motion carried llnanimously. 10 11 12 SCHEDULE EDA MEETING 13 14 15 Motion by Jacobson, Seconded by Trude, schedule an EDA meeting on February 6, 2007 at 6:00 16 p.m. Motion carried unanimously. 17 18 19 PUBLIC WORKS/CITY COUNCIL WORKSHOP 20 21 22 Motion by Knight, Seconded by Trude, to schedule a Public Works/City Council Workshop for 23 March 1,2007 at 6:00 p.m. Motion carried unanimously. 24 25 26 ADMINISTRATOR REPORT 27 28 City Administrator Dickinson updated the Council on the Administration and City department 29 activities, meeting reminders, Local Board of Appeal and Equalization Training reminder, 30 Hanson Boulevard NW Project update and miscellaneous projects. 31 32 City Engineer Berkowitz updated the Council on road improvements projects in the City. 33 34 Community Development Director Neumeister updated the Council on development activity in 35 the City. 36 37 Motion by Trude, Seconded by Jacobson, to contact the County Commissioners on behalf of the 38 Andover City Council representing its constituents to seek access to the use of Park Road A 39 during the term of the detour of Hanson Boulevard for people who are not using park facilities 40 but only using the road. Motion carried unanimously. 41 42 43 Regular Andover City Council Meeting Minutes - January 16, 2007 Page 9 1 MAYOR/COUNCIL INPUT 2 3 (Conservation Development Discussion) - Councilmember Trude stated they will be having a 4 workshop and talking about the buildable lot issue and they also had a presentation from Lino Lakes 5 about the conservation type of development. What they saw was that developers can get the same 6 number oflots in those developments as a traditional development. Sometimes more, but there are 7 natural, large areas that are preserved and she thought that really fits what people want with open 8 spaces and designing kind of public open space preserved by local associations within developments. 9 She thought that would be another way of accomplishing some of the things they want to see in their 10 community which is wetlands not be eroded by backyards or people who have such a tiny backyard, 11 they have to move off into the wetland and mow it down which is not legal. When they saw the 12 conservation developments, what they also saw was there would be passive natural areas and there 13 was a benefit to the homeowners. She wondered if the Council wanted to discuss this further. 14 Councilmember Jacobson thought they need to be careful with trying to squeeze so much into a 15 small area like they were doing. Mayor Gamache thought it would be nice to hear more about it. 16 17 (Quad City Cable Commission Meeting) - Mayor Gamache wondered if everyone received an 18 invitation to the Quad City meeting on Thursday at 5:00 p.m. He stated it is mainly going to be 19 about the survey that was done by Bill Morris. Another issue that has come up lately is the FCC has 20 been supportive of Legislation which would allow competition by companies such as phone 21 companies to come in and service areas like the Quad Cities, offering another option. They also 22 would not necessarily have to go through the license process Quad Cities puts them through and they 23 would not have to pay the PEG fees. He did not think this was really an even playing field. 24 25 (Soy Scout Citizenship Badge) - Councilmember Trude stated she will be working with the Boy 26 Scouts on their Citizenship Badge and they need to interview somebody about an issue in the 27 community. She wondered if anyone would consent to an interview she would appreciate it. 28 29 30 Motion by Jacobson, Seconded by Knight, to adjourn. Motion carried unanimously. The meeting 31 adjourned at 9:29 p.m. 32 33 Respectfully submitted, 34 35 Susan Osbeck, Recording Secretary Regular Andover City Council Meeting Minutes - January 16, 2007 Page 10 REGULAR ANDOVER CITY COUNCIL MEETING MINUTES - JANUARY 16,2007 TABLE OF CONTENTS PLEDGE OF ALLEGIENCE............................:........................................................................ I SPECIAL PRESENTATION - ALLINA, ANOKA COUNTY SHERIFF, FIRE DEPARTMENT .................................................................................................................... I ACKNOWLEDGE COMMISSION MEMBERS' SERVICE................................................... I RESIDENT FORUM .................................................................................................................2 AGENDA APPROV AL............................................................................................................. 2 APPROVAL OF MIN1JTES......................................................................................................2 CONSENT ITEMS Approve Payment of Claims ................................................................................................ 2 Approve 2006 Pay Equity Compliance Report.................................................................... 2 Approve Quote/Authorize Expenditures for Robotic Total Station .................................... 2 RECEIVE ANOKA COUNTY SHERIFF DEPARTMENT MONTHLY REPORT Received........................ ............ ................. ................................. ......... ....... ................. ......... 3 CALL FOR SALE OF BONDS Motion to Approve (RES. ROOS-07 and RES. R006-07)...................................................... 3 HOLD PUBLIC HEARING/ORDER PLANS & SPECS/07-2/2007 OVERLAYS Motion to Open Public Hearing............................................................................................4 Motion to Close Public Hearing ........................................................................................... 6 Motion to Approve (RES. R008-07)....................:................................................................6 PUBLIC HEARING/CONSIDER CONDITIONAL USE PERMIT/MINING PERMIT/ 274816lsT AVENUE SW Motion to Open Public Hearing............................................................................................7 Motion to Close Public Hearing ...........................................................................................7 Motion to Approve............:,................................................................................................... 7 RESCHEDULE FEBRUARY 20, 2007 MEETING ................................................................. 7 SCHEDULE FEBRUARY WORKSHOP .................................................................................8 SCHEDULE EDA MEETING ................................................................................................... 8 PUBLIC WORKS/CITY COUNCIL WORKSHOP.................................................................. 8 ADMINISTRATOR REPORT .................................................................................................. 8 MAYOR/COUNCIL INPUT Conservation Development Discussion ...................... ............ ........... .................... ............... 9 Quad City Meeting. ................. .................................... ............. .......... .............. ...... ............ ... 9 Boy Scout Citizenship Badge ............................................................................................... 9 ADJOURNMENT......................................................................................................................9 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 REGULAR ANDOVER CITY COUNCIL MEETING - JANUARY 16,2007 MINUTES The Regular Bi-Monthly Meeting of the Andover City Council was called to order by Mayor Mike Gamache, January 16, 2007, 7:00 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota. Councilmembers present: Councilmember absent: Also present: Don Jacobson, Mike Knight, Julie Trude Ken Orttel City Attorney, Scott Baumgartner Fire Chief, Dan Winkel City Engineer, Dave Berkowitz City Administrator, Jim Dickinson Community Development Director, Will Neumeister Others PLEDGE OF ALLEGIANCE SPECIAL PRESENTATION -ALLINA, ANOKA COUNTY SHERIFF, FIRE DEPARTMENT Mr. Bill Skog, Allina Hospitals and Clinics, explained on November 25, 2006 a call was put out to emergency services that a female was choking at a residence in Andover, The Sheriff's Deputies, Fire/Rescue and Allina Medical all responded to assist. Due to the commotion on the scene that day it was not immediately known to emergency responders that 10 year old Brenna Croal had performed the Heimlich maneuver on her grandmother, thus, saving her life. It was later discovered that this heroic effort had taken place and it is with great pleasure and an honor that staff from Allina Medical, Anoka County Sheriff's and Andover Fire are presenting an award to Brenna for her unselfish acts of heroism. Lieutenant Brian Podany, Anoka County Sheriff's Office, Fire Chief Winkel, Mayor Gamache and the City Council acknowledged Brenna Croal for her very unselfish act of heroism in saving her grandmother's life. Mayor Gamache and Fire Chief Winkel awarded Brenna Croal the certificate for her actions on November 25, 2006. ACKNOWLEDGE COMMISSION MEMBERS' SERVICE Mayor Gamache and the City Council acknowledged Planning Commission Member Rex Greenwald for his service on the Commission. Regular Andover City Council Meeting Minutes - January 16, 2007 Page 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 Mr. Greenwald thanked the Council for allowing him to serve on the Commission. He stated the Council and Mayor have done an outstanding job for the City and he was honored to help where he could for the City. Councihnember Trude thanked Mr. Greenwald for his dedication and he added a real human side to the meetings. She stated he was never afraid to pursue a matter to the point where everyone had a good understanding of what was the issue was before the Planning Commission and the Council. He stated he left his mark while serving on the Planning Commission. RESIDENT FORUM No one wished to address the Council. AGENDA APPROVAL There were no changes. Motion by Jacobson, Seconded by Knight, to approve the Agenda as amended above. Motion carried unanimously. APPROVAL OF MINUTES January 2,2007, Regular Meeting: Correct as written. Motion by Knight, Seconded by Trude, approval of Minutes as indicated above. Motion carried unanimously. CONSENT ITEMS Item 2 Item 3 Item 4 Approval of Claims Approve 2006 Pay Equity Compliance Report Approve Quote/Authorize Expenditures for Robotic Total Station Motion by Jacobson, Seconded by Trude, approval of the Consent Agenda as read. Motion carried unanimously. RECEIVE ANOKA COUNTY SHERIFF DEPARTMENT MONTHLY REPORT Regular Andover City Council Meeting Minutes - January 16, 2007 Page 3 1 Lieutenant Brian Podany, Anoka County Sheriff's Department, provided an update on law 2 enforcement activities occurring within Andover. 3 4 Councilmember Jacobson asked with the snow if they have had any problems with snowmobiles. 5 Lieutenant Podany indicated they have not had any in Andover but they have elsewhere in the 6 County. 7 8 Councilmember Trude wondered if the lakes are safe to go on. Lieutenant Podany indicated they are 9 not safe yet because of the fluctuation in temperature. 10 11 12 CALL FOR SALE OF BONDS 13 14 City Administrator Dickinson explained as part of the 2007-2011 Capital Improvement Plan (CIP) 15 the City contemplated the issuance of bonds for various public improvements and equipment 16 purchases. This agenda item initiates that process. 17 18 Mr. Todd Hagen, from Ehlers & Associates, discussed the sale of the bonds with the City Council. 19 20 Councilmember Jacobson asked in the resolution on the $6.6 million dollar one, the resolution 21 heading says "Providing for the Sale of' but if they go down to the authorization, it says "We 22 authorize you to Solicit Proposals" and in his mind these are two different things. Mr. Hagen stated 23 this is up to interpretation. It is just authorizing Ehlers to solicit proposals. They could change the 24 title of the resolution is they so desire. Mr. Dickinson indicated the actual sale would not take place 25 until the point in time they receive proposals and then they would accept the agreement and do the . 26 sale. At that point the Council will actually authorize the sale. Mr. Dickinson stated they could 27 change the wording to "solicit proposals". 28 29 Motion by Jacobson, Seconded by Knight, to approve the Resolution providing for the sale of 30 $765,000 General Obligation Equipment Certificates Series 2007 A. Motion carried unanimously. 31 (RES R005-7) 32 33 Motion by Jacobson, Seconded by Knight, to approve the Resolution providing for the sale of 34 $6,595,000 General Obligation Water Revenue Refunding Bonds, Series 20078. Motion carried 35 unanimously. (RES R006-07) 36 37 38 HOLD PUBLIC HEARING/ORDER PLANS & SPECS/07-2/2007 OVERLAYS 39 40 City Engineer Berkowitz stated the City Council is requested to hold a public hearing at 7:00 p.m. 41 for Project 07-2, for street mill and overlay in Woodland Ridge, Indian Meadows 3rd Addition and 42 Kelsey Estates. 43 44 Mr. Berkowitz discussed the staff report with the Council. Regular Andover City Council Meeting Minutes - January 16, 2007 Page 4 1 2 Councilmember Trude asked Mr. Berkowitz to explain the pavement rating system for the residents 3 and why the roads are needing replacement or repair. Mr. Berkowitz explained the pavement rating 4 system to the residents. 5 6 Motion by Jacobson, Seconded by Trude, to open the public hearing at 7:39 p.m. Motion carried 7 unanimously. 8 9 Mr. Floyd Adamczak, 15229 Fox Street, Indian Meadows, asked why they are installing cement curb 10 and gutter. They have no City storm drain system. They are 2.5 acre lots and they have rolled 11 blacktop curb now. The water drains where it is supposed to drain. He indicated he has talked to the 12 snow plow people and he does not understand the reasoning for putting in a cement curb and gutter. 13 He could see a flared or a gradually tapered bituminous curb but a regular curb and gutter system 14 there does not make any sense to him and there is none anywhere unless they go across County Road 15 7 where the houses are five hundred thousand dollars and up. He wondered why they are picking 16 these little areas to put in curb and gutter. 17 18 Mr. Berkowitz explained what is being proposed for the curb and gutter in the developments. 19 20 Mr. Adamczak asked what the total cost is for Indian Meadows. Mr. Berkowitz stated the engineer's 21 estimate was approximately $270,000 to do the area. Mr. Adamczak stated he came up with 22 $246,000 and that is with $4,000 per restoration per family dwelling. Councilmember Jacobson 23 indicated the engineers usually estimate higher than the actual bill. 24 25 Mr. Adamczak indicated his property taxes over the past 4.5 years have gone up 44.5 percent and 26 with this proposed tax for this year is another six percent and this assessment, he will be paying 27 almost a ninety-two percent increase on his taxes in four years. Their taxes go for nothing but roads 28 and fire and the City Council budgets each year for a certain number of miles of road to be repaired. 29 He stated the increase for this year will also help pay for the road work done. 30 31 Councilmember Jacobson stated the amount quoted for property tax percent does not all go to the 32 City. It is about a third of the total tax bill that the City will receive. The extra money from the City 33 is paying for the roads. While Mr. Adamczak is getting a new road, everyone else is paying the same 34 amount and will not be getting a new road this year. 35 36 Mr. Adamczak stated his road has only been plowed twice this year and he wondered where the extra 37 money that was budgeted for snow removal is going. Mr. Dickinson stated with the dollars not 38 spent, their goal is to try to use those dollars to reduce the tax levy next year. They are also saving 39 money by not having to pay their employees overtime pay for snow removal. The snow plow 40 employees are doing City projects that would normally have to be contracted out. 41 42 Mr. Doug Stacklie, 15354 Guarani Street NW, Indian Meadows, wondered how much they could 43 save if they did not have the curb. If the sewer and water comes in later, how much will it cost to 44 replace the curb? Councilmember Trude indicated they did not have any projected date as to when Regular Andover City Council Meeting Minutes - January 16, 2007 Page 5 1 sewer and water will come to the area. Mr. Berkowitz indicated there are no plans within the next 2 several years for sewer and water. 3 4 Mr. Berkowitz explained the difference between concrete curb and bituminous costs. 5 6 Mr. Stacklie stated he is looking for ways to cut costs with this project because some of the people 7 do not have the money to pay the assessment, even if it could be paid overtime, especially with 8 interest being added on to it. 9 10 Mr. Stacklie asked if the lots will change size in the near future because if they do, there will be 11 issues there too. Mayor Gamache stated they are not planning to do anything with the lots or 12 rezorung. 13 14 Mr. Stacklie indicated he did not like the seal coating of the roads and asked this not be done because 15 it ruins the roads. Mr. Berkowitz indicated they use a 1/8 inch trap rock on the roads and do not use 16 the small gravel pebbles anymore. 17 18 Mr. Stacklie stated they need to make sure the soil underneath the road is prepared correctly because 19 it was not done correctly in the first place. 20 21 Ms. Cindy Bradford, 4116 151 st Avenue NW, Kelsey Estates, stated she was at the previous meetings 22 to discuss this item. The road is fifteen years old and when she got the first letter she called the City 23 and asked if the road was done correctly the first time, and when the road would be redone. The 24 answer she received was probably 30 years from now and she said the road was only fourteen years 25 old and wondered why she was paying thousands of dollars to repair it when it was probably built 26 and inspected by the City. She thought there was a credibility problem. She wondered how they 27 could be assured it will be done right this time if it was not done right the last time. She thought if 28 they could reduce the costs in anyway, that would be good. One of the things she keeps bringing up 29 is the concrete curb because she thought that was an Edina approach and this is a rural area. They 30 are not looking for Edina standards. 31 32 Ms. Bradford asked at the neighborhood meeting why the road failed and she thought the explanation 33 was kind of vague and she did not quite understand why they would have cement curb when at the 34 end of each of the roads, there will not be any roads with a cement curb. 35 36 Ms. Bradford asked why the City would not have the drivers be more careful when plowing so they 37 would not break up the bituminous curbs. Mr. Berkowitz indicated the snow plows are breaking up 38 the bituminous curb because it is softer. Concrete curb also provides a structural support for the 39 roadway. Another item is safety; it provides a clear curb line on the edge of the road. It will also 40 improve the drainage on the roadway. When they do a reconstruct in the future, the curb is in place 41 and they can come in and remill the bituminous and put a new surface on and not have to disturb the 42 boulevards in the future. 43 44 Ms. Bradford asked what kind of guarantee they get when they put them out for bid. Mr. Berkowitz Regular Andover City Council Meeting Minutes-January 16,2007 Page 6 1 indicated the guarantee is two years and they will usually frnd the failures in the road within that 2 time. 3 4 Mr. Stacklie asked if there will be rebar in the curb. This to him is a must. Mr. Berkowitz indicated 5 this is not typically done in curb and gutter. He stated there are expansion and contraction joints 6 added. 7 8 Mr. Adamczak wondered if this will be paid by a bond. Mr. Dickinson stated at this point they will 9 probably fund this project through their permanent improvement revolving fund which was 10 originally created by bond issuances. Mr. Dickinson explained the process for determining the 11 interest rate. 12 13 Mr. Steve Stelly, 17376 Bittersweet, Woodland Ridge, wondered what the next step of this process 14 is. Mr. Berkowitz stated if the Council approves this as written the project will move forward. The 15 time frame estimate is to bid the project early to receive the best bid possible. Construction of the 16 project would begin in the middle of June. After that they will schedule another public hearing 17 which is the assessment hearing to determine the assessment and interest rate for each resident. 18 19 Ms. Kathy Marozas, 17322 Bittersweet Street NW, Woodland Ridge, wondered what the difference 20 is between road repair, road construction and a new road. She wondered where else in the State this 21 type of assessment is being done. Mr. Berkowitz explained the differences. 22 23 Mr. Stelly stated it was mentioned that the bituminous is softer and he wondered if the roads would 24 be softer as well. Mr. Berkowitz indicated they would but it would not be noticed as much. He 25 explained why they are using a new type of bituminous and how it actually works better, prevents 26 cracking and lasts longer. 27 28 Mr. Stelly wondered if concrete is ever considered for a road reconstruction. Mr. Berkowitz stated it 29 was very expensive and would be prohibitive. He noted it is usually only used on interstates. 30 31 Motion by Knight, Seconded by Jacobson, to close the public hearing at 8:48 p.m. Motion carried 32 unanimously. 33 34 Motion by Jacobson, Seconded by Trude, to approve the Resolution ordering the improvement of 35 Project 07-2, street mill and overlay in the area of Woodland Ridge, Indian Meadows 3rd Addition 36 and Kelsey Estates. 37 38 Councilmember Trude indicated staff works for the entire City and if a resident has questions or 39 issues, they can call the City and someone will return the call. 40 41 Motion carried unanimously. (RES. R007-07) 42 Regular Andover City Council Meeting Minutes - January 16, 2007 Page 7 1 PUBLIC HEARING/CONSIDER CONDITIONAL USEPERMITIMINING PERMIT/2748161sT 2 A VENUE NW 3 4 Community Development Director Neumeister stated the applicant is requesting to store up to 3,000 5 cubic yards of topsoil on the subject property. Bringing material in excess of 400 cubic yards onto a 6 property is considered land reclamation and requires a Conditional Use Permit. 7 8 Councilmember Jacobson wondered if the applicant could only apply for one extension of a permit 9 like this. He thought there was something in their policy that once an extension or revision to a 10 permit was applied for, it could only be done once. Mr. Neumeistet was not aware of anything like 11 that. Mr. Neumeister stated they could pull the code book and look for an answer. 12 13 Mr. Rocky Lindberg, Forest Lake Contracting, stated some of the material is resalvaged material they 14 took off the County Road 9 project and they stock piled it there and reused most of it back onto the 15 County Road 9 project. He indicated the only dirt being sold is topsoil and has been sold to the 16 residents in Andover. The dirt is from the community and not outside of the community because of 17 the costs they have to incur. 18 19 Councilmember Jacobson wondered what the original permit was for. Mr. Lindberg thought it was 20 for three years. 21 22 Motion by Knight, Seconded by Trude, to open the public hearing at 8:58 p.m. Motion carried 23 unanimously. 24 25 No one wished to address the City Council. 26 27 Motion by Jacobson, Seconded by Knight, to close the public hearing at 8:59 p.m. Motion carried 28 unanimously. 29 30 Motion by Knight, Seconded by Trude, to approve the proposed Conditional Use Permit. 31 32 Councilmember Jacobson wondered if they should be looking at a minimum amount of bonding in 33 case it is not returned to its original condition at the end of the three year term. Mr. Lindberg stated 34 there is only topsoil on the property and the soil would be leveled out onto the field site. 35 36' Motion carried unanimously. (RES. R008-07) 37 38 39 RESCHEDULE FEBRUARY 20,2007 MEETING 40 41 City Administrator Dickinson stated School District # 15 has scheduled a special election for 42 February 20, 2007. Council will need to reschedule the February 20, 2007 meeting. Council can 43 meet on Wednesday, February 21, 2007 or at 8:01 p.m. on Tuesday, February 20,2007. 44 Regular Andover City Council Meeting Minutes - January 16, 2007 Page 8 1 Motion by Knight, Seconded by Jacobson, to reschedule the February 20, 2007 City Council meeting 2 to 8:01 p.m. on February 20, 2007. Motion carried unanimously. 3 4 5 SCHEDULE FEBRUARY WORKSHOP 6 7 8 Motion by Knight, Seconded by Jacobson, to schedule a Special Council Workshop for February 27, 9 2007 at 6:00 p.m. Motion carried unanimously. 10 11 12 SCHEDULE EDA MEETING 13 14 15 Motion by Jacobson, Seconded by Trude, schedule an EDA meeting on February 6,2007 at 6:00 16 p.m. Motion carried unanimously. 17 18 19 PUBLIC WORKS/CITY COUNCIL WORKSHOP 20 21 22 Motion by Knight, Seconded by Trude, to schedule a Public Works/City Council Workshop for 23 March 1,2007 at 6:00 p.m. Motion carried unanimously. 24 25 26 ADMINISTRATOR REPORT 27 28 City Administrator Dickinson updated the Council on the Administration and City department 29 activities, meeting reminders, Local Board of Appeal and Equalization Training reminder, 30 Hanson Boulevard NW Project update and miscellaneous projects. 31 32 City Engineer Berkowitz updated the Council on road improvements projects in the City. 33 34 Community Development Director Neumeister updated the Council on development activity in 35 the City. 36 37 Motion by Trude, Seconded by Jacobson, to contact the County Commissioners on behalf ofthe 38 Andover City Council representing its constituents to seek access to the use of Park Road A 39 during the term of the detour of Hanson Boulevard for people who are not using park facilities 40 but only using the road. Motion carried unanimously. 41 42 43 Regular Andover City Council Meeting Minutes - January 16, 2007 Page 9 1 MAYOR/COUNCIL INPUT 2 3 (Conservation Development Discussion) - Councilmember Trude stated they will be having a 4 workshop and talking about the buildable lot issue and they also had a presentation from Lino Lakes 5 about the conservation type of development. What they saw was that developers can get the same 6 number oflots in those developments as a traditional development. Sometimes more, but there are 7 natural, large areas that are preserved and she thought that really fits what people want with open 8 spaces and designing kind of public open space preserved by local associations within developments. 9 She thought that would be another way of accomplishing some of the things they want to see in their 10 community which is wetlands not be eroded by backyards or people who have such a tiny backyard, 11 they have to move off into the wetland and mow it down which is not legal. When they saw the 12 conservation developments, what they also saw was there would be passive natural areas and there 13 was a benefit to the homeowners. She wondered if the Council wanted to discuss this further. 14 Councilmember Jacobson thought they need to be careful with trying to squeeze so much into a 15 small area like they were doing. Mayor Gamache thought it would be nice to hear more about it. 16 17 (Quad City Cable Commission Meeting) - Mayor Gamache wondered if everyone received an 18 invitation to the Quad City meeting on Thursday at 5:00 p.m. He stated it is mainly going to be 19 about the survey that was done by Bill Morris. Another issue that has come up lately is the FCC has 20 been supportive of Legislation which would allow competition by companies such as phone 21 companies to come in and service areas like the Quad Cities, offering another option. They also 22 would not necessarily have to go through the license process Quad Cities puts them through and they 23 would not have to pay the PEG fees. He did not think this was really an even playing field. 24 25 (Boy Scout Citizenship Badge) - Councilmember Trude stated she will be working with the Boy 26 Scouts on their Citizenship Badge and they need to interview somebody about an issue in the 27 community. She wondered if anyone would consent to an interview she would appreciate it. 28 29 30 Motion by Jacobson, Seconded by Knight, to adjourn. Motion carried unanimously. The meeting 31 adjourned at 9:29 p.m. 32 33 Respectfully submitted, 34 35 Susan Osbeck, Recording Secretary 1 2 3 4 5 6 7 8 9 10 11. 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 ANDOVER CITY COUNCIL WORKSHOP - JANUARY 23, 2007 MINUTES The Special Council Workshop of the Andover City Council was called to order by Mayor Mike Gamache, January 23,2007,6:01 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota. Councilmembers present: Councilmember absent: Also present: Don Jacobson, Mike Knight, Ken Orttel, Julie Trude None City Administrator Jim Dickinson; City Engineer Dave Berkowitz; Community Development Director Will Neumeister; Natural Resources Technician Kameron Kytonen; Others BUTTERNUT STREETNW, 17YU> AVENUENW & FLINTWOODSTREETNWPAVING DISCUSSION/06-33 City Engineer Berkowitz stated the Council is requested to discuss Butternut Street NW, 173rd Avenue NW and Flintwood Street NW, which are currently gravel roads that are located north of Crosstown Boulevard NW in the northeast quadrant of the City. Councilmember Trude stated it would be nice to get the gravel roads paved. Councilmember Knight asked if they did Marystone, would the costs be figured in. City Engineer Berkowitz noted that would be up to the Council. City Engineer Berkowitz stated the assessment would definitely come in under $10,000 and to use State Aid dollars did not make sense in this location, even though it has a State Aid designation. Councilmember Jacobson stated if they want to change the policy, it could not be done in 2007 because it has not been budgeted. He noted there could be a plan in 2008 to get rid of all of the gravel roads. There could be an offer for the City to fund part of the project, but if the residents did not pave their roads at that time, then in the future they would have to pay for the entire project themselves. He stated they would make this a one-time deal. City Engineer Berkowitz noted this would be a large project in which they would be jumping allover the City. Councilmember Orttel asked for a schematic showing where all of the gravel roads in the City are located for discussion at the next Council workshop meeting. Special Andover City Council Workshop Meeting Minutes - January 23, 2007 Page 2 1 City Engineer Berkowitz stated staff would analyze the maintenance costs per mile as well as 2 where all of the gravel roads are in the City and bring this back to the next Council workshop 3 meeting. 4 5 DISEASED TREE ENFORCEMENT POLICY 6 7 Natural Resources Technician Kytonen stated several questions and concerns have been 8 previously raised by the City Council regarding a draft policy and its content. He asked Council 9 if they had any further questions or concerns. 10 11 Councilmember Trude noted there was a concern about bringing ftrewood into the parks, but 12 she did not believe that would affect them. 13 14 Councilmember Jacobson noted there was a previous concern regarding an area that had a large 15 number of trees. He asked how that would be addressed. Mr. Kytonen responded staff would 16 make a decision regarding the number of trees, the size of the trees, and the accessibility. He 17 noted there are some companies that specialize in larger removals and they could come in and 18 do it at a much more reasonable rate. 19 20 City Engineer Berkowitz noted a large contractor could come in and clear an area of a large 21 amount of trees for $2,000-$3,000, which is more reasonable than previously thought. 22 23 Councilmember Jacobson noted they should not just concentrate on Dutch Elm. 24 25 Councilmember Knight stated he has a concern about limitations. He asked what would happen 26 if it was beyond the ability of a resident to pay for the tree removal if they had a large piece of 27 property. 28 29 Councilmember Trude asked if they could look at some kind of an assessment. 30 31 Counci1member Orttel asked if they should have an appeal provision. 32 33 Mr. Kytonen stated he had spoken with Ham Lake and they have not had any issues yet. 34 35 Councilmember Jacobson asked if they could add under section 4, abatement, "if the cost is too 36 high and the property owner could not afford this, the City would take care of the trees." They 3 7 should come up with some sort of a hearing process to address this type of issue. City 38 Administrator Dickinson noted the process would be similar to an abatement process. 39 40 Councilmember Orttel noted by the time they had the :first hearing, the disease would probably 41 have gone through and then it would be a matter of a removal process. He indicated the 42 expensive part would be the attempt to stop the disease. 43 44 Councilmember Jacobson stated it was a good idea to follow some type of an abatement Special Andover City Council Workshop Meeting Minutes -January 23,2007 Page 3 1 process, but they would need to come up with a hearing process. 2 3 Councilmember Trude stated there has to be some point where the cost is so large that it 4 becomes a social charge and would get spread around. City Engineer Berkowitz noted this is a 5 nuisance in the City that affects many parcels and they could not look at this as a benefit to the 6 homeowner. 7 8 Winslow Holasek stated if there were a widespread disease, it would not be possible for a 9 property owner to afford to have it removed. Councilmember Orttel noted this is a "catch 22", 1 0 where the property value would be decreasing because they were losing the trees on the lot as 11 well. He noted the alternate solution is to encourage people to plant disease resistant trees. 12 13 City Engineer Berkowitz stated staff has met with the DNR and they are starting to limit the 14 amount of funds distributed for diseased trees. He stated the DNR wants to make sure the Cities 15 have an enforcement policy for diseased tree removal. 16 17 Councilmember Knight expressed concern for the requirement of having the stump 2 inches 18 from the ground. Mr. Kytonen responded it is necessary to have it that low to get rid of the 19 beetle. He indicated this was a DNR suggestion. 20 21 Councilmember Jacobson suggested they add some type of wording stating that if the value of 22 removing the trees exceeds ten percent of the property value, then the amount would be added to 23 the property taxes after a hearing. Councilmember Orttel expressed concern about ten percent 24 of the property value. He agreed they need a deferment clause for residents over a certain age. 25 26 27 BUILDABILITY REQUIREMENTS 28 29 Community Development Director Neumeister stated the City Council has discussed the issue 30 of build ability a number oftimes over the past year. Some amendments to the City Code are 31 being proposed as a result of these discussions. He reviewed the amendment to the City Code. 32 33 Mr. Berkowitz summarized how the Code was written with respect to buffer strips. 34 35 Councilmember Trude wanted people to protect the wetlands, but still be able to add on a deck 36 without infringing on the wetlands. 37 38 Mr. Berkowitz stated they need a clarification in the ordinance as to where the buffers are. He 39 stated they wanted to move the buffer back to where the water level would be, and not the 100- 40 year flood line. 41 42 Councilmember Orttel agreed that the proposed Code A is reasonable. 43 44 Councilmember Trude asked if there would be an environmental impact. She believes the Special Andover City Council Workshop Meeting Minutes -January 23,2007 Page 4 1 major concern is to prevent erosion. 2 3 Councilmember Jacobson noted putting in a silt fence is not that expensive. 4 5 Council agreed to go with the language on the top of page 3. 6 7 Councilmember Trude recommended they note in the City Code that the buffer area is regulated 8 by the Watershed District and they need to look at the Watershed District rules for this 9 information. 10 11 Community Development Director Neumeister recommended they round off the 116.5 feet. 12 13 Councilmember Knight agreed they should drop off the .5 feet. Community Development 14 Director Neumeister noted the developers have asked the City to drop it to 110 feet. 15 16 Mayor Gamache stated he believes the goal is to not have sliding glass doors leading to nowhere 17 and the home not allowed to have a deck. He is not concerned if someone wants to add on 18 however. 19 20 Councilmember Jacobson noted the way to address this is to "draw a line" in the sand and only 21 allow the decks to be so large. 22 23 Mayor Gamache stated the more requirements from the City, the more cost would be added to 24 the home. He questioned if they want to add more buildable space, which would add more cost 25 to the land and homeowners. 26 27 Councilmember Orttel stated it is not an issue of additional1and, it is when people wanted to 28 add on a deck. 29 30 Councilmember Trude stated she would be willing to take five feet off of the front yard. 31 32 Councilmember Orttel stated that this is a buyer beware situation. He stated it should be up to 33 the builder to determine that the deck is buildable on good soil and put down good soil for the 34 deck to be built upon. 35 36 Councilmember Knight said a standard of good soils is needed for a backyard with a deck. 37 38 Community Development Director Neumeister summarized other city front yard requirements. 39 He recommended they keep the front at 35 feet and remove six feet off of the back yard, which 40 would leave 20 feet in the back yard for a lO-foot deck. 41 42 Councilmember Trude noted a lO-foot deck is small. 43 44 Councilmember Knight expressed concern that people would not be able to walk around their Special Andover City Council Workshop Meeting Minutes - January 23, 2007 Page 5 1 decks without getting their feet wet. 2 3 Councilmember arttel requested they check with other cities as to what they require for soil 4 conditions. 5 6 Councilmember Knight asked if other cities monitor the size of the decks. 7 8 Councilmember Trude recommended they add the 16.5 feet of buffer for wetlands into the 9 Code. Mr. Neumeister noted this is addressed in the watershed rules and it is up to the 10 watershed to enforce the rules. 11 12 Councilmember arttel stated he likes the Blaine code where they have flexibility. Mike 13 Quigley noted they ran into a lot of issues with customer-graded lots and it was tough to meet 14 all of the requirements. 15 16 Mr. Neumeister noted the opinion of the developers who state with the down market, it is not 17 good to be changing things at this time. 18 19 Councilmember arttel believes it is more important to have buildable soil in the back rather 20 than in the front. He asked for a provision be made for a deck, or have the developer put in the 21 footings. He wants to make sure the deck would be able to be built when the time comes. 22 23 Councilmember Knight stated he would agree to 115 feet, with leaving the front setback of 3 5 24 feet the same. 25 26 Mayor Gamache stated they would eliminate a lot of this problem by reducing the front to 30 27 feet. Councilmember Jacobson stated he does not want to change the front yard setback. 28 29 Councilmember arttel stated typically the only thing that is permanent in the back of the homes 30 is a deck or storage shed and he believes they are putting too much emphasis on having the 31 entire backyard with buildable soils. 32 33 Councilmember Orttel stated he would be satisfied with 110' leaving the front setback at 35 34 feet. Mayor Gamache agreed. Mr. Berkowitz responded if they want the 110', it would address 35 the previous issues of the City. 36 37 Mr. Neumeister summarized Council wants the 35 feet of front yard setback to remain; 90 feet 38 from the front property line; and a 110 foot total. 39 40 Mr. Berkowitz asked if Council wants to limit the home to 90 feet from the front property line 41 to the end of the home and that the plan must show where the deck would go at the time of 42 issuing the building permit. 43 44 Special Andover City Council Workshop Meeting Minutes - January 23, 2007 Page 6 1 COMPREHENSIVE PLAN UPDATE 2 3 Community Development Director Neumeister and City Engineer Berkowitz indicated since last 4 updating the Council in September, staff has began working on preparing a "draft" of the 5 Comprehensive Plan Update. They explained where staff is in the process. 6 7 Councilmember Jacobson noted Council would not agree to more density than was originally 8 agreed upon. The rest of the Council agreed and indicated they would support staff in their 9 discussions with Met Council. 10 11 12 Mayor Gamache recessed the workshop at 8: 12 p.m. and reconvened the workshop at 8: 17 p.m. 13 14 15 FARM WINERY DISCUSSION 16 17 Community Development Director Neumeister stated the Council previously discussed options 18 that could be explored related to Mark Hedin's farm winery on his property. He presented 19 detailed information on what could potentially be done to modifY the City Code to enable some 20 form of a farm winery to be operated by Mr. Hedin on his 2 Yz acre home site. 21 22 Councilmember Orttel asked why we do not have a separate description in the ordinance for a 23 farm winery with reference to the State statute. 24 25 Councilmember Jacobson asked how much wine would be produced on a yearly basis. Mr. 26 Hedin responded he does not want to estimate this because he would be limited by physical 27 capacity, but he does not know how much physical capacity he has. He stated what he has is 28 what he has. 29 30 Councilmember Jacobson asked what would be a reasonable amount. Mr. Hedin responded he 31 did not have that information, but government controls limit him to 50,000 gallons and that 32 there is no way he could produce that much wine. He stated whatever the Council limits him to 33 is what he could comply with. He is limited by his space and he would not try and push it. 34 35 Councilmember Orttel stated they fIrst need to fIgure out how they could allow it and he would 36 prefer to have a separate ordinance for a farm winery that complies with State law. 37 38 Councilmember Trude asked if they need to follow the City's liquor code. Mr. Neumeister 39 stated that is why the City could be more restrictive than the State code. 40 41 Mr. Hedin stated he would sell his product by internet, word of mouth, and telephone. He 42 indicated this is not going to be a retail operation. He would not have signs or a store. He noted 43 though that he might sell a single bottle in the hopes that the person would come back for a 44 case. He indicated the amount of visitors would be less than six a day. Special Andover City Council Workshop Meeting Minutes - January 23, 2007 Page 7 1 2 Councilmember Knight asked ifhe became very successful, how he would handle the growth. 3 Mr. Hedin responded he would move. 4 5 Councilmember Jacobson stated he would be voting on this because of the liquor issue and this 6 being in a residential area. He requested the P&Z have the wordage written by staff and 7 reviewed by the City Attorney. 8 9 Councilmember Knight requested Mr. Hedin determine the amount of wine he believes he could 10 produce and store prior to the P &Z meeting. 11 12 Mr. Hedin asked if the gallonage could be put in the CUP and not in the ordinance. He stated if 13 it is possible to change the gallonage in the future through the CUP at this time he did not have 14 any problem with being limited to 1,000 per year. 15 16 Councilmember Jacobson requested Mr. Hedin talk to his neighbors about his proposal and 17 have them sign a statement prior to the P&Z meeting. 18 19 Council agreed to a separate description in the ordinance as a special use permit in urban 20 agricultural for a 2.5 acre fann winery in compliance with the State winery law and to send this 21 to the Planning Commission. The gallonage per year of production will be set by the Council. 22 23 24 CROOKED LAKE LOT SPLIT DISCUSSION 25 26 Mr. Neumeister stated Dennis Steinlicht has applied to split his property along Crooked Lake 27 Boulevard into two urban residential lots. The existing house, built in 1946, would be removed 28 and two new houses built on the lots. On October 17th, the Council expressed interest in 29 discussing two options that needed further research. The review period has been extended to 30 February 19,2007 to allow the Council the opportunity to discuss options available. The two 31 options that needed research were: 32 1'. Review with the City Attorney if there was a hardship that could be used as a 33 finding to grant the variance. 34 2. Determine if there is an ordinance that could be modified to enable this lot to be 35 approved without a variance. 36 37 The staff and City Attorney could not identifY a potential hardship. On November 21st, the 38 Council directed staff to research whether other cities have codes that allow lot splits to be done 39 using old development standards in older, built out areas. 40 41 Councilmember Jacobson stated he does not like the idea of setting up a new A-I Zoning 42 District. 43 44 Councilmember Orttel suggested they come up with a PUD for redevelopment. Mr. Neumeister Special Andover City Council Workshop Meeting Minutes -January 23,2007 Page 8 1 noted this would be an Overlay Zoning District. 2 3 Councilmember Orttel stated he does not want this to be for someone who just wants to build a 4 bigger home. He wants an ability to apply for a PUD for a redevelopment area in residential 5 area with certain criteria (i.e. value of home, age of home, condition of home, etc.). 6 7 Mr. Dickinson recommended they come up with a deftnition of Redevelopment PUD. 8 9 10 SUBDIVISION CODE UPDATE 11 12 Community Development Director Neumeister summarized what staff has identifted as the 13 biggest issues relating to a Subdivision Ordinance update. Much of the current text of the Code 14 still dates from the 1972 draft of the City Code. The Subdivision Ordinance in staff s view is in 15 need of updating to reflect current policies, definitions, and requirements. Before a great deal of 16 time is spent preparing changes, staff wanted the City Council to see where the biggest changes 17 may be proposed. 18 19 Councilmember Jacobson asked staff to address the issues of developments on double frontage 20 developments. 21 22 Council agreed to the changes. 23 24 25 OTHER BUSINESS ITEMS 26 27 A. Councilmember Jacobson stated he had received a letter from a resident asking if the 28 City could have residential rental property inspection and licensing requirements. . 29 30 Councilmember Orttel stated he did not believe the City has ever had any issues like this in the 31 past. He noted the person who sent the letter has an issue with the living arrangements of a 32 rental property, but the City could not regulate peoples' living arrangements. 33 34 Councilmember Jacobson requested staff look at this and come back with a report to Council if 35 this is worth looking at. 36 37 B. Mr. Neumeister indicated there has been a discussion about widening the public notice 38 area from 350 feet. He noted the 350 feet is from State Statute. He asked if they want this to go 39 to the Planning Commission for a change or to leave it alone. 40 41 Councilmember Jacobson stated he has no problem with 350 feet in an R-4 area, but in the rUral 42 area that does not work. 43 44 Councilmember Orttel suggested a minimum 700-foot radius in the rural area, but to leave it at Special Andover City Council Workshop Meeting Minutes -January 23,2007 Page 9 1 350 feet in the urban area. 2 3 C. Mr. Neumeister noted there is a seminar on Cluster Conservation Developments. He 4 said that if any Councilmember want to attend, let him know. 5 6 D. Mr. Dickinson stated the Hanson Boulevard lighting for 21 lights is $114,000. 7 Councilmember Jacobson noted he would not be participating in this discussion. 8 9 Councilmember Trude stated she believes they should only put lights at the intersections. Mr. 10 Dickinson responded it makes sense to light this area as it is urban. 11 12 Mayor Gamache recommended they do not go up to 139th and end it at the SuperAmerica. 13 14 Mr. Dickinson stated the maintenance cost for each fixture is $9.75 per light per month, 15 approximately $2,500 per year for all of the lights. 16 17 Councilmember Orttel recommended they cut down somewhat on the lighting. Councilmember 18 Trude agreed. 19 20 Mr. Dickinson stated he would get the lighting to a minllnum level. 21 22 E. Mr. Dickinson stated the Andover Cinema is for sale for 5.7 million dollars. He was not 23 sure this would remain a theater. 24 25 F. Mr. Dickinson asked if Council had any questions regarding the Meadowlark Heights 26 area. He noted the Sheriff's Department is spending a lot of time in this area and he had further 27 confidential information for Council if they want it. 28 29 Councilmember Trude asked staff to inform Council when there is something big happening in 30 the community. 31 32. Motion by Jacobson, Seconded by Ortte1, to adjourn. The meeting adjourned at 9:56 p.m. 33 34 Respectfully submitted, 35 36 Kathy Altman, Recording Secretary @ 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304. (763) 755-5100 FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US TO: Mayor and Councilmembers CC: Jim Dickinson, City Administrator / Finance Director FROM: Lee Brezinka, Assistant Finance Director SUBJECT: Payment of Claims DATE: February 6, 2007 INTRODUCTION Attached are disbursement edit lists for claims related to the on going business of the City of Andover. DISCUSSION Claims totaling $534,247.87 on disbursement edit lists #1 - #5 from 01/17/07 to 01/31/07 have been issued and released. Claims totaling $355,900.93 on disbursement edit list #6 dated 02/06/07 will be issued and released upon approval. . BUDGET IMPACT The edit lists consist of routine payments with expenses being charged to various department budgets and projects. ACTION REOUIRED The Andover City Council is requested to approve total claims in the amount of $890,148.80. Please note that Council Meeting minutes will be used as documented approval. Respectfully submitted, 'tt?J~ Lee Brezinka Attachments: Edit Lists ~ ~ ...... <Zl ~ Q)....... ........ 0 .r;; 0 C\$~ ~~ ~] r.l':JU "S ~ ;::l~ o 0.. U S u 0 ~U :2: c. o ~ r- o o ~ r- oo ,,~ ""0 to=: .DoO t .~ oo ~ ;:lc. " ~ c. 0 0 0 0 0 0 :z: :z: :z: :z: :z: :z: .;,; .;,; "0 "0 .;,; .;,; .. " " " " " " '" :g :g :0 :g :g :g = = = .~ = = = .. ~ ~. ~ ~ ~ .. ~ :I: :c ;) :I: :I: ::c: .. U U U U ~ a: -< -< < -< -< .. .. ,.Q s = z ... '" '" 00( o o~ U =>0 " , ;:10 <:r0 ",., <ZlN -",1' u_ ]8 Uo .. ... '" Q r- o o ~ r- ~ o ... = .. 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E S"" ....l 5 S i:l ~88o ~ .,., N co <n .... <.> c.,g .au -"-< .... 0 <.> ~ " " -=.0 U '" ~ :; 2:z d= ~o ~I- r-- o o ~ - ~ o ~ ~ '" :::i "-< o E Q.., -t3 " -= U II -= c. E o U Q.., < o S:2 '" :t ....l_ ~ ~ ~ [; ~ "0''<1" 5 t"-- N >;~ @ 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304. (763) 755-51{JO FAX (763) 755-8923. WWW.CI.ANDOVER.MN.US ."'..... -..."'\: CC: Jim Dickinson, City Administrator '- TO: Mayor and Council Members FROM: David Do Berkowitz, City Engineer SUBJECT: Approve Hanson Boulevard NW Lighting Plan/04-23 - Engineering DATE: February 6, 2006 INTRODUCTION This City Council is requested to approve the Lighting Plan for Hanson Boulevard NW, Project 04- 230 DISCUSSION As you know Hanson Boulevard NW from Trunk Highway 242 to l40th Lane NW will be reconstructed this yearo This section of Hanson is proposed to have street lighting to provide safety for vehicles on the roadway and pedestrians that use the trail systemo Connexus with discussions with staff have prepared a plan that identifies the minimum lighting recommended to provide lighting for the corridoro Refer to the attached plan and cost estimate from Connexuso Connexus would install and maintain the lights for the Cityo The construction cost (material and installation) is estimated to be $97,628.00 with a monthly maintenance cost of $9.75 per light. There are 17 lights proposed which would total a monthly maintenance cost of$165.750 The maintenance costs include the energy costs, pole and fixture replacement and relamping when needed. BUDGET IMPACT The construction cost will be funded by State Aid and the annual maintenance costs will be funded by the General Fund. ACTION REOUlRED The City Council is requested to approve the Lighting Plan for Hanson Boulevard NW, Project 04- 230 Respectfully submitted, David Do Berkowitz Attachments: Cost Estimat;& Lighting Plan"/ (j)~ CONNEXUS@ ENERGY 14601 Ramsey Boulevard Ramsey, Minnesota 55303 763-323-2600 Fax: 763-506-9541 1-800-642-1672 www.connexusenergy.com info@connexusenergy.com Your Community Energy Partner Mr. Dave Berkowitz City of Andover 1685 Crosstown Bvd NW Andover, MN 55304-2612 / January 24, 2007 Dear Mr. Berkowitz ~~W~~~[ID I have prepared the following revised estimate to install commercial roadway lights on Hanson Blvdo in Andover as shown on the attached plan. This proposal is based on light spacing of 450' per side or 225'. alternating sideso In addition to the initial installation, Connexus Energy will provide ongoing maintenance of the lighting system under our Energy and Maintenance rateo The installation costs shown below are a preliminary estimate prior to the final design by Connexus Energy's engineering department. 17 -Shoebox style 250 W high pressure sodium fixtures at 30' mounting height, custom color (grape), break-away bolts, lighting conductor and controls, and electrical service to the system feed points. Total $97,628000 The monthly energy and maintenance rate for the 150 Watt fixtures is $9.75 per light per montho The lights will be installed to utility specifications and will operate on a dusk to dawn scheduleo The above installation costs are based upon our best practiceso If job site conditions beyond our control prevent normal installation procedures, additional charges may be applied. The costs shown above are based on summer construction and do not include winter charges for work provided after November 1 st, or permit fees to the city of Andovero The manufacturer's lead time for material is 10-12 weekso Please indicate your acceptance of this proposal by returning a signed copy via Fax # 763-506-9541, or e-mail: leoo@connexusenergy.com I hope that this information is satisfactory for you. Do not hesitate to contact me if you have any questions. s~ Leo Offer an Utility Services Representative Accepted by: "-? _"J DN RAPIDS - 250 V\J S'\NDbVE~ @ 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304. (763) 755-5100 FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US CC: Mayor and Council Members ~~~- ' . ........2S~~& Jim Dickinson, City Administrator David Do Berkowitz, City Engineer TO: FROM: SUBJECT: Accept Petition/Order Feasibility Reportl07-11/14259 _7th Avenue NW Sewer & Water Extension (Rosella Sonsteby) -Engineering DATE: February 6,2007 INTRODUCTION The City has received a petition from the property owner (Mso Rosella Sonsteby) of 14259 _7th Avenue NW requesting the improvement of sanitary sewer and city water (see attached petition), Project 07-11. DISCUSSION Attached is a copy of the petition from the property owner to extend sanitary sewer and water main to the east side of the propertyo Refer to the attached location mapo Once the petition is accepted a feasibility report will be prepared identifYing the improvement costso BUDGET IMPACT If the project was to move forward the improvement costs would be assessed to the property owner over a 5 or 8 year periodo ACTION REOUIRED The City Council is requested to approve the resolution declaring adequacy of petition and ordering preparation of a feasibility report for the improvement of sanitary sewer and city water for Project 07-11,14259 - ih Avenue NW. Respectfully submitted, ~Q~ David Do Berk;witz ~ Attachments: Resoluti06etitio~ Location Ma( cc: Rosella Sonsteby, 4151 - 141st Avenue NW, Anoka, MN 55304 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RESo NOo MOTION by Councilmember 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 NOo 07-11, IN THE AREA OF 14259 _71H AVENUE NWo WHEREAS, the City Council has received a petition, dated 2007 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: . 10 The petition is hereby declared to be 100% of owners of property affected, thereby making the petition unanimouso 2. Escrow amount for feasibility report is $5.000 30 The proposed improvement is hereby referred to the Citv Enoineer and he is instructed to provide the City Council with a feasibility reporto MOTION seconded by Councilmember City Council at a reoular meeting this 6th and adopted by the day of February , 2007, with Councilmembers voting in favor of the resolution, and Councilmembers voting against, whereupon said resolution was declared passedo CITY OF ANDOVER ATTEST: Michael R. Gamache - Mayor Victoria Volk - City Clerk 0,-/1 ~) KELLER WILLIAlVIS@ CLASSIC REALTY Office: (763) 746-4900 Fax: (763) 757-5883 Rosella Sonsteby 4151 141st Ave. NW Andover, MN 55303 December 26th, 2006 Andover City Engineer 1685 Crosstown Boulevard NW Andover, MN 55304 Re: The West 397.01 Feet of the Southwest Quarter of the Southeast Quarter of Section 30, Township 32, Range 24, Anoka County, Minnesota lying north of the north line of ANOKA COUNTY HIGHWAY RIGHT-OF -WAY PLAT NO. 22 according to the recorded plat there Dear City Engineer: Rosella Sonsteby does hereby petition for improvements of the construction ofwatermain and sanitary sewer, with the costs of the improvement to be assessed against the benefiting property which is described as: West 5 Acres of Parcel 30 32 24 430001 (Proposed RoseWood Addition) Said petition is unanimous~~ the public hearing may be waived.__n - .____m d We-~equesfthaTantea;ibility re;~rtb~p~epa:;ed as-sooni;--po~~ibi~:--We have enclosed a check for $5,000.00 for the feasibility report expenses. ) Sincerely, cx~~gSb~ Rosella Sonsteby 4151 141s1 Ave. NW Andover, MN 55303 ~ ~ IIfIS 1740 116th Avenue NoW. . Suite 100 . Coon Rapids, MN 55448 Each Office Independently Owned & Operated @ -~ """"""" '-0. Q) m 1:;:2 "'0_ C.r= c::(Cl -Ci) 00 .?;-"> aa ~ -' 5 "'I '" So '" '" ~ ~ :a: ~ ~ ~ , g~f2~ So uJ~~Hi ~~ 5 C>~i5>--'::E: ffi ~ uJ_-~~<ca:. .-i:E~ ...J~a""",ow""o~~~ Q.. U') U) z<Cz~>-z~ 0.: ~ .."';\\..........:;;:'\'\~DD t "!:;! .0 ." 7- ~ 1 -r \ pt \~ r-} .... N '" "'" ... T"" a a a N -.;t -.;t N N C'"l a C'"l get' 3/\'1 H1J <3 ;; CD .! g '" N Cl) 0: "'....w . is lJl ii!:!f2 .s,go :.;:? ~ Gi .! ~ ~ ~ i" i" .; :;;:;;0 0: o UJ ~ffi ClUJ o:!(! w- ~~ OZ z=> ~g ~~ E gg ~ (t) c( 5 \~ ~ T"" f/. / g 1. 8 ~ ~ 'P-' ~, ~ \:\ ~ g l 0 ~ ~ ....A j~ ""'C'"l ~~~\fll~ ~~ I!:;! \" I~ T"" a a a u..J C'"l ~ T"" V a v tn a N a '" N C'"l '" C'"l .;,q. N -.;t "'" a -.;t ... C'"l '" N '" N N "'" C'"l ... a M N .; a a a " . M Q -.;t . . N N .;, ~o~v~ C'"l N a .. M ~ u ~ 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (763) 755-5100 FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US TO: Mayor and Council Members CC: Jim Dickinson, City Administrator FROM: David Do Berkowitz, City Engineer SUBJECT: Order Plans & Specs/07-8/Andover Station North Ball Field Lighting- Engineering DATE: February 6,2007 INTRODUCTION The City Council is requested to order the improvement and direct preparation of plans and specifications for Project 07-8, Andover Station North Ball Field Lightingo DISCUSSION The lighting of two ball fields (westerly and middle field) has been identified in the Andover 2007-2011 Capital Improvement Plan for construction in 20070 The base bid for the project would include lighting the westerly ball field, installing conduit for lighting the middle field and installing conduit for future scoreboards. An alternate bid would be prepared for the installation oflights for the middle fieldo These improvements are estimated to cost $300,0000 At the time the City Council is requested to award the bid for the lighting, there will be an option for the City Council to either award the alternate or opt to use the funds that would light the middle field toward the construction of the concession/maintenance building planned for the siteo Also planned for the ball field complex in 2007 is the installation of a play structure. The CIP identifies $65,000 for this project. The Council may want to consider using the funds set aside for the play structure to go toward the building construction. This will be discussed when the bids are presented for the lighting project. BUDGET IMP ACT These improvements will be funded by Park Improvement Fundso ACTION REOUlRED The City Council is requested to approve the resolution ordering the improvement and directing preparation of plans and specifications for Andover Station North Ball Field Lighting, Project 07-80 Respectfully submitted, Q~W David Do Berkowitz Attachments: Resolution/ CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RESo NOo MOTION by Councilmember to adopt the following: A RESOLUTION ORDERING IMPROVEMENT AND DIRECTING PREPARATION OF PLANS AND SPECIFICATIONS FOR THE IMPROVEMENT OF ANDOVER STATION NORTH BALL FIELD LIGHTING ,PROJECT NOo 07-8 0 WHEREAS, the City Council is cognizant of the need for the lighting improvements; and NOW, THEREFORE BE IT RESOLVED by the City Council to order the improvement of Andover Station North Ball Field Liahtina ,Project Noo 07-8 ; and BE IT FURTHER RESOLVED by the City Council to hereby direct Wunderlich- Malec Enaineerina. Inc to prepare the plans and specifications for such improvement project. MOTION seconded by Councilmember City Council at a reaular meeting this 6th and adopted by the day of February , 2007 , with Council members voting in favor of the resolution, and Councilmembers voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: Michael R. Gamache - Mayor Victoria Volk - City Clerk @ 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (763) 755-5100 FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US FROM: Mayor and Council Members ~~ ~ Jim Dickinson, City Administrator ~ David Do Berkowitz, City Engineer "t:!D Todd Jo Haas, Asst. City Engineer " TO: CC: SUBJECT: Approve Resolution/Speed StudylButtemut Street NW, 173rd Avenue NW & Flintwood Street NW - Engineering DATE: February 6, 2007 INTRODUCTION This item is in regard to approving a resolution requesting a speed study in Sections 1 & 12,. Township 32, Range 24 along Butternut Street NW, l73rd Avenue NW & Flintwood Street NW between Crosstown Boulevard NW and l77lh Avenue NWo DISCUSSION Attached is a petition from the neighborhood requesting a speed study be conducted by MnDOT to evaluate the speed limit in this areao The statutory limit in this development is 55 MPH since the area does not meet the definition of an urban areao ACTION REQUIRED The City Council is requested to consider approving the resolution requesting a speed study in Sections 1 & 12, Township 32, Range 24 along Butternut Street NW, 17300 Avenue NW & Flintwood Street NW between Crosstown Boulevard NW and 1 77th Avenue NWo Respectfully submitted, ;1((~ Attachment: Resolution, Petition & Location Map cc: David Pearson, 17382 Flintwood Street NW, Andover CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RESo NO. A RESOLUTION REQUESTING A SPEED STUDY ALONG BUTTERNUT STREET NW, 173RD AVENUE NW & FLlNTWOOD STREET NW BETWEEN CROSSTOWN BOULEVARD NW & 166TH AVENUE LOCATED IN SECTIONS 1 & 12, 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 along Butternut Street NW, 173rd Avenue NW & Flintwood Street NW between Crosstown Boulevard NW and 17ih Avenue NWo Adopted by the City Council of the City of Andover this 6th February ,2007. day of CITY OF ANDOVER Michael R. Gamache - Mayor ATTEST: Victoria Volk - City Clerk ... , TREES . , ., , , l'o z z , , " ~ ~ z ~ " g! z z " m ~ , z ~ ~ ~ " i'i w " , , z " ~ m . .z 0 in z ," " ~ z " w > z 0 0 " ~ m ~ " ~ " " . ~ 0 w " " . z ~ ~ ~ . e u ~ m ~ z . ~ z j~ w ~ ,; ~ > ~ 5 > ~ i'i ~ ~ in " z a . iJ z z _0 ~ .~ g < <. .,~ ~ x ~ ~ ~ ~ J g - - " " ~ " z z z ~ ~ " " ~ ~ z " m ~ 0 0 z ~ 0 " 0 z 0 w 0 z z 0 w c c >; w " z g " z ~ :: ~ 0 z 0 2 :;; " ~ ~ :;; 0 ~ g 8 c ~ < " x w '" ~ > " ~ w ~ ;; ~ _.........l_.. i ~\ \ \ \ rl \ . i \ '~ \ I 1: i . I : _~ h ,------' \~-~ \ - lalST AVE. ~W 180TH AVE.. NVi 119iH AVE. NW t7aiH AVE. NW !77TH A......€.. NW 176TH AvE. N""; 11511-1 rNE. NW 174TH AVE.. HW 173RD AVE.. tM 172NC AV€.. NW 171S1 AvE. NW 170TH AvE. NW 1691H AVE. NW loaTH AVE. NW 167TH AVE. NW 166TH A.vf.. l'IW 16~TH AVE. NW 164TH AVE. NW ISMO AVE. NW 16\S1 AvE. NW -eo__ . . 1'< tl1t.1 V LoU ~N ' 621"")7 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (763) 755-5100 FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US Date: J/I~/(j7 No. Andover City Council Members: We, the undersigned, owners of real property in the following described area: RuJiervncl- 5f, , i7?/~ /l-ve, . '1)~f()j{)rJ sI-~ / ./ (A ~pe.e.J. S"~. \,~ ~e.v~Oy"rt-t-e.J IVl O~V- t\e\(,J,.~h \ Doherebypetitionthatcr"', l"_.._f_o;;iJ .' II L, L '., 0-' Cl~. _z r-:tr iJlt;f:.. ~E A/'>.f..,'fj I"?'siclp""K ,J- (Y\.{> +Jv-,,l.. (AnA n~, · If", , / \ ) &i1er,,~ ,J ~II rz::;a.d se.ch~./t S ~_'" ," ---, ~f ",,,inirYlnr~"~~~~' h~ ~~~~~~~... "',\"i~",t tho h~~~.;';~~ o::r"no~ "'" ...,,'h~~;_~'" hy II ~ lDU',' - ". u:- L .- ADDRESS YES NO i\ ' I ." " ~ \J '....J--" This petition was circulated by: Address: I/SS{'),. G:\OATA\STAFF\RHONDAA\FORMS\neighborhood petitlon.doc '" I 'k~ ,Va )(. '/ //\ ~ )(J ~ y \/' ~ X Sl\NDbVE~ (i) 1685 CROSSTOWN. BOULEVARD N.W. . ANDOVER, MINNESOTA 55304. (763) 755-5100 FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US TO: Mayor and Council Members CC: Jim Dickinson, City Administrator David D. Berkowitz, City Engineer FROM: Todd J. Haas, Asst. City Engineer SUBJECT: Accept Petition/Order Feasibility ReportJ07-13/13835 Underclift Street NW/WM - Engineering DATE: February 6,2007 INTRODUCTION The City has received a petition from the property owner of 13835 Underclift Street NW requesting the improvement of water main (see attached petition), Proj ect 07-13 0 DISCUSSION Currently the home is served by a private well and would like to connect to municipal watero BUDGET IMP ACT The cost of the improvement would be assessed to the property owner over a 5 year periodo ACTION REOUIRED The City Council is requested to approve the resolution declaring adequacy of petition and ordering preparation of a feasibility report for the improvement of water main for Project 07-13, 13835 Underclift Street NWo Respectfully submitted, ;fff!fa--- Att hm t R 1 0 V<:p . 0 ./&L . M./ ac en s: eso utlOn, etltlOn ocatlOn ap cc: Shane McBride, 13835 Underclift Street NW, Andover CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RESo NOo MOTION by Councilmember to adopt the following: A RESOLUTION DECLARING ADEQUACY OF PETITION AND ORDERING PREPARATION OF A FEASIBILITY REPORT FOR THE IMPROVEMENT OF WATER MAIN ,PROJECT NO. 07-13, IN THE AREA OF 13835 UNDERCLlFT STREET NW. WHEREAS, the City Council has received a petition, dated Januarv 24. 2007 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: 10 The petition is hereby declared to be 100% of owners of property affected, thereby making the petition unanimouso 20 Escrow amountfor feasibility report is 0 30 The proposed improvement is hereby referred to the City Enaineer and he is instructed to provide the City Council with a feasibility reporto MOTION seconded by Councilmember City Council at a reaular meeting this 6th and adopted by the day of Februarv ,2007, with Councilmembers voting in favor of the resolution, and Councilmembers voting against, whereupon said resolution was declared passedo CITY OF ANDOVER ATTEST: Michael R. Gamache - Mayor Victoria Volk - City Clerk O"7-I~ ~^ ,?.aJ 7 I ! Date - . .J ~ /'t Andover City Engineer 1685 Crosstown Boulevard NW Andover, MN 55304 Re: Municipal Improvements Dear City Engineer: We do hereby petition for improvements of~termaiD)sanitary sewer, storm sewer and streets (circle one or more) with the costs of the improvement to be assessed against my benefiting propertyo Said petition is unanimous and the public hearings for the feasibility report and assessments may be waivedo We would like to be assessed over a 5 year periodo Sincer~1 // JI~~ Property Owner 5ht1 ne Mt f<.r>fJQ.. . Address 13~3S- unJ;rcl: .p.+.50~ Il)lA) City, State, Zip hrdDU~/ n1rt !)5- .lot) Phone (Home)7(p l~ J2.1- 7373 (Work) IPr/- 77J..-79(;,1 G:\DA T A\ST AFF\RHONDAA\FORMS\PETITION.DOC Page 62 I I ~ \~ LJ N J ~ ~ ~ .. N N '" .. N u:; '" .. '"' '" '" '" .. .. .. M M '"' M M '"' '"' --- '" ;;; .... '"' 0; /?' ... u:; 0 14065 '" '" '" ;!; ~ '"' '"' M M I _~~ ~ '" N ~ . 'j,\) ~ I~ ~ ,------~-------------: ~-~~- - illI --,--. '" co - co '" ~ ... '"' '" '"' ;:: ~I C") w ~ co co .... ~ co .... 0 '"' '"' .... '" .... .... '" .. N '" M '"' .... M .... .... -r-- 140TCof V~ M '"' .. :--- '" ~ N 0 co '" .. N M .. ;;; co 0 ~ '"' 0 '" ~ co '" .. '"' ~ '"' co .... .... .... '" .. '"' N - M '"' M .... .... .... .... N '"' '"' M '"' .... '"' ~ ~ ~ C") ~I~ I~ ~ ~I~.I~I~ ~ ;g&5~~('I')C") C")M('"jC"l M~('I") M '"' ./" 1 IQl H I N on.! I t\I'..../, s: j~ ;'!: g '" I ~ I'M~ I ~ ~ ~ I~ ~ r-.. r-.. ~ ~:: ._ t-- ~ ~ ~ /1">-.. C") C"') C") C") C"? )794~ l'~~~::~~, <6 ~ ~ I ~ ~ I ~ I ~ 1:;692 OJ , 13880 I~ ~ ~ ~ ~ ~ ~ . 1:;868 u co -----:- - ~ ~ DR S <,~<," ~'"' '"' "'4:""':-'" -', ~ OJ J:? ~ 1 . ~.... ,-1-1 !.l.' Ir= I ~ ~ I ~ ~ "" 138IH LN ie 13820 I ~ I 13819 13818 M~~ _, 13804 j:!: 13803 13802 ?; '-- ~ .> 13786 ~ ~- .... 13772 '1l- 13770 ?", o~ ?", 0'6> 7"'a "'2 7"'0 5'6" 7-tO 5'0 7-t0 <>", 7010 'yg 78 511'7. . < o1oq 14012 ... .... 14015 14006 1 r-:.-:---., 14003 '" \ \ 13993 ~ \ 13979 o ;:: '"' 0; .... '" '" \ '" M M N J.~ co '" '"' fA, M '"' . co u.1 '" M "'1 .. 53 co ~ '" '"' co ~ :: '" M 13756 13742 13728 ~ co >> N ... '" '"' ... ~ '" ... N 0 '" ;;; ... '" '"' '"' N ~ re- o$> '" M co ;]I; ~ _M -.~ I- 1:.{Q H ~r::: ~~ () 13887 13886 iil 3876 8 13875 ;:!; 13870 e::: 13872 ~ 13864 llJ ~ ~ ~~~~~6:: \'"' ~., 0 8S "'0,, ,,'0,'0 {)! ~ 7"a,,;,.,. IT l~ ,",,'If ~ Co~ '\ ~ ~ --1- rf ~ ~ OJ 13822 0') ~ ~ 13816 ~ ,....)~h, M "'.... Cf) ~~ ~ ~ 14041 14029 C') I"- (j) C') '""" ;;; .... M 14058 140TH LN " 14059 14056 I-- f-- 14043 14042 ~~ 1-'-- f--- ~ fIl I ~ C/) 14027 14026 I... ;:!; ~ o "'-__ 0::" o 14013 '\ ",.f2J \~ 14001 \ nt'" /3452 3438 --:- 0 I N ... M ... '. '. ;;; co .. :; '"' '"' u:; ..,. '"' co '"' .. '"' 140 1 I- 1-1 C/)I- >-:1 <(I- ::>1 0_ 1 ~ ~ \~QQ~ o 14003 ~ 0) 13999 ill 13989 ~ 13977 -l o 3649 73 Z ~6 ~ v~? 0:: 13857 13852 ~ ::~g 14012 14002 I- 13994 n = 13980 F 13827 13828 14044 14030 14018 C') I"- (j) C') .,-,. 14006 13994 ~ ? 13987 13982 _ . - ;:: ~Q UO co }>; .~ o co ..,. '"' N '" .. '"' ~ '"' ..,. '"' nF :TH N 13803 13808 13747 13758 13737 13752 13727 1374 .... M '" '"' '" '" '"' '"' '" .... ..,. M M '" ..,. M M '" ... M - co 1 ~ - M/ }; / ""< co ~ .. M 1 '10'-1-1 "I '" .... ... M .. '" .. M '" M .. M '" M .. M N .. M .... u:; M co .... .. M '" '" .. M 1] 1: - 1. - 1: - 1: - 1: - 1: - ~!i ~ I- C/) ~ ::> 13 o '" .. .. M <11r$ 13714 ~~---=---=------~--~--~---------BU~~~U-_. - - Page 7~ I I I iH 1/2 SECTION: 32 LEGEND Seclionu,.,.. \!SHIP: 32 R~NGE: 24 =-= c..... 0 lcll_~ 0 P_-Cily ~- Map Date: Oct 17, 2005 0 -,- '" o '" M co .. M 4 aOOv...Mxn M N ~ M '- 138TH CT I. ~~ /~ ~~ 13735 Map and Data Sources: City of Andover Engineering Planning Public Works GIS Cily o~ Andover Half Se:;lion 9r,ok address numbers wert'. compiled from the Anoka County ~.s.sessor's Dalabase. RE\l=>RQ @ 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304. (763) 755-5100 FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US CC: Jim Dickinson, City Administrator David Do Berkowitz, City Engineer TO: Mayor and Council Members FROM: Todd Haas, Asst. City Engineer SUBJECT: Approve Advertisement for Vacancies/Coon Creek Watershed District - Engineering DATE: February 6, 2007 INTRODUCTION This item is in regard to.advertising in the AndoverToday newsletter for individuals interested in serving as a manager on the Coon Creek Watershed District. DISCUSSION Currently there are two managers whose terms expire on May 27, 20070 They are Warren Hoffinan who resides in portion 15 of the Coon Creek Watershed District and Bill MacNelly who resides in portion 53 of the Coon Creek Watershed District. At this time, City staff has not received any indication if either one of these individuals will serve again as a managero Anoka County has already published a public notice in the Anoka County Union and Forest Lake Timeso Attached is the letter from Anoka County regarding procedureso This item will be presented back to the City Council on March 20, 2007 as to the list of interested individual so The individuals the City Council is interested in having serve on the District will be identified to the County Board of Commissioners by March 27,20070 ACTION REQUIRED The City Council is requested to approve the advertisement of the vacancies in the AndoverToday newsletter (residents receive this around March I st) to serve as a manager on the Coon Creek Watershed District. Note: Individuals that are interested need to submit to the City Council by 4:30 pomo, March 14, 2007. Respectfully submitted, ~ ~ Attachment Letter from Anoka County COUNTY OF ANOKA OFFICE OF COUNTY ADMINISTRATION GOVERNMENT CENTER 2100 3RD AVENUE. ANOKA, MINNESOTA 55303-2265 (763) 323-5700 January 17,2007 TERRY Lo JOHNSON County Administrator Sent to the elected officials of Andover The Honorable Mike Gamache Mayor, City of Andover 2815 134th Avenue NW Andover,:MN 55304 RE: Coon Creek Watershed District Appointment Dear Mayor Gamache: In accordance with the provisions of Minn. Stat. S 103B.227, Anoka County in January 2007 will publish notice that the terms will expire for managers on the Coon Creek Watershed District Board of Managerso The notice publication requirement applies because Coon Creek Watershed District is considered to be a watershed management organizationo The published notice must state that persons interested in being appointed may submit their names to the appointing authority, which is the county board, for a watershed district appointment. For your information, a copy of the notice which will be published is attachedo In appointing a manager to the Coon Creek Watershed District, Minno Stat. S 103D.311 is also applicableo This statute requires a county board to appoint a manager for a watershed district from a list of persons nominated jointly or severally by the municipalities within the district if a list(s) is submitted 60 days before the manager's term of office expires, or to appoint a manager who resides in a city that fails to submit a list. If there is a desire to jointly submit a list for the manager appointment, you may wish to confer with affected cities and jointly submit the list. The cities with territory located in the Coon Creek Watershed District are Andover, Blaine, Columbus, Coon Rapids, and Ham Lake. In order for names submitted to the county to be considered a list under the statutory defiitition, the list must contain the names of at least three nominees eligible to be appointedo To be eligible for an appointment, a nominee must reside within the watershed district boundaries, be a voting resident of the district, and not be a public officer of the county, state, or federal government (except that a soil and water conservation supervisor can be appointed). The county board may choose to appoint someone who is not on a list if the person resides in a city which did not submit a list. In making watershed appointments, there is an additional factor which is to be considered by a county boardo Minno Stato S 103D.311 requires watershed district managers to be appointed to fairly represent the various hydrologic areas within the watershed district by residence of the manager FAX: 763-323-5682 Affirmative Action I Equal Opportunity Employer IDDITTY: 763-323-5289 "~, January 17, 2007 Page 2 appointedo The appointees whose terms will expire on May 27,2007, are Warren Hoffman, who resides in portion 15 of the Coon Creek Watershed District, and Bill MacNally, who lives in portion 53 of the Coon Creek Watershed District. The other managers live in portions 4, 7, and 150 A map with the location of current board members noted is being forwarded to the manager/clerk of the City of Andover. If you have any questions regarding this appointment process, you may contact Pam McCabe, Assistant County Attorney, at 323-56670 Sin;rlY, 1!f;I:~ e . Johnson Coun Administrator TJ:jr Enclosure cc: Municipality Manager/Clerk Pam McCabe, Assistant County Attorney Patsy Anundsen, Administration Office Manager NOTICE IS HEREBY GIVEN pursuant to Minno Stat. 91 03B.227 and 91 0300311 that a vacancy will occur on the Coon Creek Watershed District Board of Managers due to the expiration on May 27, 2007, of the terms of Warren Hoffman and Bill MacNally. Term of appointment is for three yearso Managers are eligible to be reappointedo Persons interested in being appointed to serve on the Coon Creek Watershed District Board of Managers may submit their names for consideration to the Anoka County Board of Commissioners, the appointing authority. Minno Stat. 91 030.311 permits the , cities in the district to submit a list(s) of nominations to the county boardo If a valid Iist(s) containing at least three eligible nominees for a manager's position is submitted at least 60 days prior to the expiration of the terms, the Anoka County Board of Commissioners is required to make appointments either from the Iist(s) orto appoint a manager who resides in a city that fails to submit a list. Since a list may be submitted, persons interested in being considered for appointment may wish to contact their city to request to be included on a list of nominations. In the absence of a valid list, the Anoka County Board of Commissioners may appoint any voting resident of the Coon Creek Watershed District who is not a public officer of the county, state or federal government. PUBLISH IN: Anoka County Union, January 19, 2007 Forest Lake Times, January 18, 2007 cc: Bobbie Koehler Pam McCabe Terry Johnson Patsy Anundsen , Coon Creek Watershed District 6 LEGEND c:::J HYDROLOGIC AREAS c:::J COMMISSIONER DISTRICTS ANDOVER BLAINE COLUMBUS COON RAPIDS HAM LAKE 6 3 N W.E s 1/12/07 CITY OF NDOVE @ TO: CC: 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304. (763) 755-5100 FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US Mayor and Council Members ~-- ,,/ Jim Dickinson, City Administrator ~ FROM: SUBJECT: David Do Berkowitz, City Engineer Accept QuitClaim Deed/Kimberly Oaks/OS-9/Drainage & Utility Easement - Engineering DATE: February 6, 2007 INTRODUCTION The City Council is requested to accept the Quit Claim Deed for a drainage and utility easement within the Kimberly Oaks plat, Project 05-90 DISCUSSION The additional drainage and utility easement is for the extension of a pond within the Kimberly Oaks plat located on the property of Lot I, Block 3 (4157-145th Avenue NW)0 The developer had graded the pond larger than the original grading plan to generate additional fill material for other parts of the development. The intention of the developer was to secure this easement prior to the lot being soldo This did not OCCUfo Staff met with the property owners (John & Lanette Lorsung) to explain the situationo The Lorsung's were receptive to work with the City to resolve this issue. A compensation of $550 was paid to the Lorsung's for the easement. This amount was collected from the developer and paid by the City. Once the City Council approves the quit claim deed the City Clerk will record the deed with Anoka Count Yo ACTION REOUlRED The City Council is requested to accept the Quit Claim Deed from the Lorsung's for a drainage and utility easement within the Kimberly Oaks plat, Project 05-9. Respectfully submitted, Q~CJ. David Do Berkowitz ./ ./ Attachments: Quit Claim Deed & Easement Drawing cc: John & Lanette Lorsung QUIT CLAIM DEED Individual(s) to Corporation, Partnership or Limited Liability Company Form Noo 28-M MimIesota Uniform Conveyancing Blanks (6/17/91) DEED TAX DUE $ i Date: (Hlni irlil.. h c9, CJ , 2007 'J u FOR VALUABLE CONSIDERATION, John Lorsung and Lanette Lorsung, husband and wife, Grantors, hereby convey and quitclaim to the City of Andover, a Minnesota Municipal Corporation, Grantee, real property in Anoka County, Minnesota, described as follows: An permanent easement for drainage and utility purposes over, under and across that part of Lot 3, Block 1, Kimberly Oaks, according to the recorded plat thereof, Anoka County, Minnesota, described as follows: Commencing at the northeast corner of said Lot 3; thence North 88 degrees 48 minutes 22 seconds West, assumed bearing, along the north line of said Lot 3, a distance of 494.75 feet; thence South 71 degrees 31 minutes 54 seconds East, a distance of33.68 feet to the point of beginning; thence South 71 degrees 31 minutes 54 seconds East, a distance of 124.31 feet; thence South 17 degrees 22 minutes 41 seconds East, a distance of 65073 feet; thence South 19 degrees 23 minutes 45 seconds West, a distance of 65.59 feet; North 08 degrees 35 minutes 22 seconds West, a distance of 45.85 feet; North 88 degrees 02 minutes 54 seconds West, a distance of 29.35 feet; North 24 degrees 00 minutes 15 seconds West, a distance of 117.10 feet to the point ofbeginningo together with all hereditaments and appurtenances belonging thereto, subject to the following exceptions: none Check box if applicable. o The Seller certifies that the Seller does not know of any wells on the described real property. o A well disclosure certificate accompanies this document. o I am familiar with the property described in this instrumeut and I certify that the status and number of wells on the described real property have not changed since the last previously file~.~~!Ldisc~ c tificate. <""/.-"'" --<.~~, /~JlRg-::' STATE OF MINNESOTA COUNTY OF ~ CA-- ) ) ss. ) This instrument was ackn?wledged before me on d,1f)Ui1J\..l J ' rJ., C) ,2007, by JO. hn Lorsung and Lanette Lorsung, husband and Wife. l~ . i - .. rJfc~. " Jllj;}}! . '/U)~ MICHELLE L. HARTNER . . Notary Public Slg ature of Notary Publtc Minnesota Check here if part or all of the land is Registered ( Torrens) 0 My ommission Expires January 31, 2010 Tax Statements for the real propeny described in this instrument should be sent to (Include name and address of Grantee): THIS INSTRUMENT WAS DRAFTED BY: Jay A. H. Joyner 6901 78th Avenue North, Ste. 106 Brooklyn Park, MN 55445 John Lorsung Andover MN G:\Land Projects BC\1200'(,,(297-1O\dwg\Survey\1297.1O-13"dwg, Layout1, 121512006 10:31:19 AM. bcIiche ~w _So S'IO "'- )'>0 ~g "'~ w _. w" 0", 5=0.: "'~ ~"" '" (ii'g "'a. w ,,"0 00. ~~: o :i" "'" 5=Q.. ",- >C ~ VERDIN ST. (CO. RD. NO. 59) "" IE ~!g c .-~ ?s~ m~ ~~ ~ 20 ,,~ <n.'" 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( OJ r z 0 '" -< ;:g :z: ~ Z ~ m 0 r- ." '" ~~ i< m m '" ~~ r- -< \ ~ ~trl \i:; o~ v ~~ ~..... """"'I z ~~ CD CD ..: ~;J:: CD .. .., Dlii) m "? ..., ~ .~......... '"' 0 ,""""'I ;l) ... ~ :., '" ~ I'r I I I I I I I r 000 . . . , , , 000 iij'(j)Qj ~ ~ ~ ~~~ -g-gg. ~ ; 10 0.0.0 "'O~ =~i" i~rg , . .. :;'Po>c: ~ S!li Ql~~ ~~ ~ . ~ 3 1t~ John Oliver & Associates, Inc. Civil Engineering, La.nd SU'MJey1:ng, La.nd Planning 580 Dodge Avenue Elk River. Minnesota 55330 763-441-2072 FAX 763-441-5665 () o -\ "" V) ~ ~~ ~~ :;p ~.?> 1-:~ '- '- '- '- ~ '- '- '- "- "- "- "- "- , , \ <>,\ \ 10 a:gg> e.o ~" ~ a ~ ~ g!"i'a 1>>...._0 go 0 "d e. 11 5- S c;> ::1 0 0 .., ci(;'""'I)Q. 2. g ~ ~. l: a;:;~ 8'8."tDG ='E!.o~ ~aC'>c.. ~ Ei-~E: ~~~ f,J ~~~ (")-<0 00< 5 ;>- ~ n;Jg - a. ~ ~ a. I <::::33 ~o ~cg tIl~ i';;l::i ~~ ~~ .....Si: m llo Offices in: Elk River &- BuTn.8'lJille, MN J r- ~ !;Q I;j \ \ \ , , , , ~ . , , o > .'" '" > z~ 00 ",-< ><00 g~z ~b~ -~~~ -> ,,- <n zzs-l z"o mmo "'m," O,"z -<~"' >-<'" , I , / \ : / " gmi' ~::JQl -!~ 5" ~ :: g. (II Ql II Cl.o- .t.. i~ ~~~ a ' --0--- <: I hereby certify that this survey, plan, or report was prepared by me or under my direct supervision and that r am a duly Licensed Land Surveyor under State of Minnesoto Statutes Sections 326.02-326.15. Signature: ~ /~ Kelly L. Jord . PLS Date: 11/09/2006 Lic. No. 42648 FILE NO. 1297.10-13 Drawn by: KMM Checked by: KLJ Revisions: 1665 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (763) 755-5100 FAX (763) 755-6923 . WWW.CI.ANDOVER.MN.US TO: CC: FROM: SUBJECT: Consider Approva1/Raffle PermitlAnoka County Pheasants Forever DATE: February 6, 2007 INTRODUCTION The Anoka County chapter of Pheasants Forever has submitted an application for a raffle at an event they are hosting on March 10, 2007 at the Courtyards of Andovero DISCUSSION The City can either: a) approve the application with no waiting period; b) Approve the application with a 30 day waiting period; or c) deny the applicationo ACTION REOUlRED The City Council is requested to consider approving the raffle permit with no waiting periodo Respectfully submitted, ~.Ufl Vicki V olk City Clerk GID ~ TO: 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 MAIN (763) 755-5100 FAX (763) 755-8923 . WWW.CI.ANDOVER.~N.US ./" CC: FROM: Andy Cross, Associate Planner Ape. SUBJECT: Approve Conditional Use Permit/On-Sale Liquor Sales/15190 Bluebird Street NW - P tanning DATE: February 6, 2007 INTRODUCTION New Dragon II is located in Clocktower Commons. In Clocktower Commons' SC - Shopping Center zoning district a liquor license is a conditional useo If the conditional use is approved for New Dragon II, the applicant will be required to obtain Council approval of a liquor license under the terms of City Code Title 30 DISCUSSION The City Council should discuss if on-sale liquor is an appropriate use of the propertyo If the use is deemed appropriate, the Council may attach reasonable conditions to ensure the use will be in keeping with the character of the surrounding areao In April, 2005 an application for on- & off-sale liquor licensing for Clocktower Commons came before the Council. At that time the Council voted not to grant a blanket off-sale liquor Conditional Use Permit to Clocktower Commonso Instead each tenant would be required to apply separately for a Conditional Use Permit to sell alcohol (see attachments). The City Code requires a restaurant to seat at least 100 people before it can get an on-sale liquor license. The applicant's restaurant is able to hold 50 people at present, so he will not be able to get a liquor license until he expands his restaurant. The applicant has been informed of this on numerous occasionso The State of Minnesota regulates the number of on-sale intoxicating liquor licenses that can be issued in a City. In cities of the second class (population between 20,000 and 100,000), there cannot be more than 18 licenses, plus one per 2,500 population over 45,000. At present there are four on-sale licenses in Andover. Planning Commission Recommendation The Planning Commission unanimously recommended approval of this application. ACTION REOUESTED The City Council is asked to review the proposed on-sale liquor Conditional Use Permit request and make a recommendation to the City Council. Cc: Ming Guang Lin, 15190 Bluebird St NW, Suite 107, Andover, MN 55304 Attachments Resolution Location Map Planning Commission Minutes Resolution R067-05 City Council Minutes 4/05/2005 Respectful~itted, Andy Cross ~ as. CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RESo NO. A RESOLUTION APPROVING THE CONDITIONAL USE PERMIT REQUEST FOR ON-SALE LIQUOR AT 15190 BLUEBIRD STREETNW, SUITE 107, LEGALLY DESCRIBED AS: Lot 5, Block 1, Clocktower Commons, Anoka County, Minnesota WHEREAS, Ming Guang Lin has requested approval of a conditional use permit for on-sale liquor on the subject property, and; WHEREAS, the Planning Commission has reviewed the request and has determined that said request meets the criteria of City Code 12-14-6 Conditional Uses, and; WHEREAS, the Planning Commission finds the request would not have a detrimental effect on the health, safety, and general welfare of the City of Andover, and; WHEREASo The Planning Commission recommends to the City Council approval ofthe Conditional Use Permit request; NOW, THEREFORE, BE IT RESOLVED, that the City Council ofthe City of Andover hereby agrees with the recommendation of the Planning Commission and approves the Conditional Use Permit for on- sale liquor, subject to the following conditions: 1) The applicant shall be required to obtain an on-sale liquor license from the City Council. 2) The Conditional Use Permit shall be subject to a sunset clause as defined in City Code 12-14-6. Adopted by the City Council ofthe City of Andover on this _day of ,2007. CITY OF ANDOVER ATTEST: Michael Ro Gamache, Mayor Victoria V olk, City Clerk -2- Regular Andover Planning and Zoning Commission Meeting Minutes - January 23, 2007 Page 2 PUBLIC HEARING: CONDITIONAL USE PERMIT (07-02) FOR ON SALE LIQUOR SALES AT 15190 BLUEBIRD STREET N. W. FOR NEW DRAGON IL Mr. Cross explained New Dragon II is located in Clocktower Commonso In Clocktower Commons' SC - Shopping Center zoning district a liquor license is a conditional use. If the conditional use is approved for New Dragon II, the applicant will be required to obtain Council approval of a liquor license under the terms of City Code 13 -1. Mr. Cross noted the staff report had Clocktower Commons listed as GB - General Business zoning district and should be SC - Shopping Center zoning district. Commissioner Cleveland asked if this was only wine and beer and not spiritso Mro Cross indicated he thought this was correct. Commissioner Falk asked if there was a yearly review on this. Mr. Cross indicated there would be an annual renewal requirement. Motion by Walton, seconded by Casey, to open the public hearing at 7:05 porno Motion carried on a 6-ayes, O-nays, I-absent (Kirchoff) voteo No one wished to address the Commission. Motion by Walton, seconded by Cleveland, to close the public hearing at 7:05 porn. Motion carried on a 6-ayes, O-nays, I-absent (Kirchoff) voteo Commissioner Walton asked if anyone else in the strip mall or the one to the north have a liquor license besides the liquor storeo Mro Cross indicated they did not. Chairperson Daninger asked if there have been any complaints or issues with this businesso Mr. Cross indicated there have not. No one has contacted the City. Motion by Casey, seconded by Walton, to recommend to the City Council approval of the Conditional Use Permit request because the use is consistent with the existing retail and restaurants in Clocktower Commons and all distance requirements from schools and churches are met. Motion carried on a 6-ayes, O-nays, I-absent (Kirchoff) voteo Mro Cross stated that this item would be before the Council at the February 6, 2007 City Council meetingo PUBLIC . COMPREHENSIVE PLAN AMENDMENT (07-01) TO EXTEND MUNICIPAL UR 'E AREA EAST OF HANSON BOULEVARD AND SOUTH OF STATION P -J- ~' CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NOo R067-05 A RESOLUTION APPROVING CONDITIONAL USE PERMIT FOR OFF SALE LIQUOR FOR PROPERTY LEGALLY DESCRIBED AS: LOT 5, BLOCK 1 ANDOVER CLOCKTOWER COMMONS, ANOKA COUNTY, MINNESOTA WHEREAS, Landform has requested approval of a Conditional Use Permit for on and off sale liquor 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 12-15-6 Conditional Uses, and City Code 3-1, and; NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby approves a Conditional Use Permit for one off sale liquor business on the subject property subject to the following: 10 The applicant shall be required to obtain a liquor license from the City Council for one business that proposes sell off sale liquoro 20 The off sale liquor business shall be located in retail space 9, as shown on the attached Exhibit A Retail Center Lease Space Exhibit dated February 23,20050 30 No signage advertising off sale liquor sales shall be allowed on the north and west elevation of the building on Lot 5. 40 Subject to the location of the said business within the building and limited to the 5,100 square feet of Lot 5 on the northwest comer of the building, applicant will submit a diagram for the locationo 50 Further be it resolved the City Council denies the application for the on sale of liquor < because the application is too broad and applies to the entire structure and would enable numerous on sale licenses to be issued without Council inputo 60 The trade name of the business will not use the word "liquor"o 7. The Conditional Use Permit shall be subject to a sunset clause as defined in City Code 12-15-60 Adopted by the City Council of the City of Andover on this 5th day of April, 20050 CITY OF ANDOVER ~-/k..4~~ ,MIchael R. Gamache, Mayor AfIEST: I,{//J ;~ /)IV(/ Victoria V olk, City Clerk -t/- Regular Andover City Council Meeting Minutes - April 5, 2005 Page 9 CONSIDER CONDITIONAL USE PERMIT FOR ON AND OFF SALE LIQUOR/ANDOVER CLOCKTOWER COMMONS Community Development Director Neumeister stated the development was previously granted a conditional use permit for on sale liquor on Lot 40 The applicant is seeking approval of a conditional use permit for off -sale liquor for the retail building within Andover Clocktower Commonso Councilmember Jacobson asked City Attorney Hawkins ifhe agreed with the applicants' attorney's opiniono City Attorney Hawkins agreed when it pertained to locations around schoolso He explained the reasons why he was in agreement. He thought they had an obligation to grant the on and off sale of liquor on the siteo He stated this meets the standard of the separation of schools and churcheso Councilmember Jacobson stated there is already an on-sale license for liquor on the south end of the property for a restaurant and he is asking for another on-sale in the other buildingo He wondered if there were plans for another restaurant in the building. Mro Darren Lazan stated it was their understanding when they first applied and asked for approvals for on-sale that this ran with the projecto He thought this now runs specific with the parcel. He indicated they have had several inquiries for quick serve type restaurants that would like to serve beer and wine and through this process he has come to the conclusion that every time a new business came in, he would have to come to the City Council for review and approval of a Conditional Use Permito He stated he was asking for a conditional use permit to allow those uses on the parcel and to allow the City Council to look at each of these at the time they come forwardo He would like to blanket the parcel so they do not have to come forward for a CUP every time a tenant changes out. Mr 0 Lazan stated they have a building standard for on and off sale liquor, which they have offered in the proposal as a condition of the CUP. One is that rather than fifty percent of on-sale, it be ten percent of saleso He thought this was more than adequate for what they are trying to doo Another condition would be the sign requirements that are above and beyond City Ordinance. They are restricting the signage on the City and school side to trade signage only. Councilmember Jacobson asked City Attorney Hawkins if they could limit the number oflicenses in one locationo City Attorney Hawkins stated the applicant is asking for this for the entire area and if the City Council felt that was too much for the area, then they could limit the areao Mr. Lazan stated he did not have a problem with limiting the number oflicenses but he would like to have the license cover the entire building so there would not be a need to come back to the City Council for every proposed businesso Councilmember Knight asked if down the road someone would want to put a bar in, would the license follow thato City Attorney Hawkins stated the new business would need to come in and make application for license and meet criteriao City Attorney Hawkins stated review of the liquor license only is to determine whether or not they meet the criteria of the liquor ordinance, it does not deal with the number of existing liquor -~- Regular Andover City Council Meeting Minutes - April 5, 2005 Page 10 establishments in the buildingo He did not think this was something they could consider. Councilmember Trude asked if there was a different level oflicense if someone sells only beer and wineo City Attorney Hawkins stated they can obtain a non-intoxicating liquor licenseo Councilmember Orttel indicated the building will be very close to the McDonald's building and he did not think that it would be appropriate to have liquor that close to where children will be. Councilmember Orttel stated it bothered him that if the establishment met the distance from the school, they would have to issue the SUP unless it was proven to be harmful to different thingso He thought they needed to be really careful issuing three licenses because this area is going to be the most kid intensive area in Andover with the schools, the Community Center and McDonald's. He thought this needed to be looked at really closelyo Mro Lazan did not think a nightclub would be appropriate in the area and he would be willing to limit the percentageo He thought a small restaurant would fit in to the areao Mayor Gamache thought they were putting a limit of some kind on this for a regular bar type taverno The Council discussed the possibility of future liquor establishments in the building. Councilmember Jacobson asked if they could allow only one off sale and one on-sale establishment because that would give them only two in the areao City Attorney Hawkins stated this was more defensible because there is one out there already and the City can always review future requests if needed. Mro Michael Keefer, Attorney for the applicant, thought there was a little bit of confusion regarding thiso They only have one off- sale store they are proposing but he wanted to make sure that if there is a granting of a special use permit that one is also granted for Lot 5 for the off- saleo There was discussion between the applicant and the City Council regarding the Resolutions in the packet. Councilmember Orttel noted they have been dealing with some SUP related to drive- throughs and they require a layout and a lot of explanation for the SUP and the liquor license does not require any explanations or layoutso He wondered if they were overlooking something in the SUPo Councilmember Orttel wondered what the proposal is and what they are getting. Councilmember Trude thought this was the PUD, which they approved previouslyo Councilmember Jacobson asked where in the buildings the liquor businesses w~uld be. Mr. Lazan showed on the map where they businesses would be located in the buildingo Mr 0 Lazan stated he would modify his request to include one on-saleo Councilmember Knight stated he would not have a problem with that request. -'6- Regular Andover City Council Meeting Minutes - April 5, 2005 Page 11 Councilmember Orttel asked how large the liquor store will beo Mro Lazan stated it is roughly 5,000 square feeto Councilmember Orttel stated they needed to have more detail if they were to approve something like thiso He thought there was something wrong and it was moving rather quicklyo Mr. Lazan stated these are the exact same documents that brought forward two months agoo Councilmember Orttel stated his concern is they are setting a precedent. He thought the ordinance needed to be reviewed. He stated this virtually touches on the 1,000' restriction to the school. He stated the children are forced to use the intersection to get to and from school and he did not think this was a good place for so many liquor establishmentso Councilmember Trude thought they were in a situation where the attorney of the applicant has given them a lot of information and told them that once they have established standards the City must abide by those standards and the City Attorney had indicated that it was correct. They are in this situation because they do have standards but she thought it was reasonable to limit the number oflicenses and the City Attorney feels comfortable defending them in court if they want to defend the number of licenses but she was not sure if the City Attorney was comfortable defending them in court if they deny thiso Councilmember Ortte1 stated if they do not have a limit, then what is the point of having a standardo He thought one of the Councilmembers at the previous meeting thought the distance from a school should be two thousand feet. Councilmember Trude stated she made that comment. Motion by Orttel, seconded by Gamache, to change the ordinance from one thousand feet to two thousand feet from a school. Councilmember Trude did not think they could change the policy when there was an application before themo Mayor Gamache asked if there was legality or issues on changing the ordinanceo City Attorney Hawkins stated there will obviously be an argument that an application has been made and they are changing the ordinance in response to the applicationo He thought this would be difficult to defend at the present time with the application before themo Any subsequent applications would be defensible but he would find it difficult to defend this. Councilmember Orttel stated the applicant has made no investment. He did not agree with this and was just trying to comply with what happened six months agoo Motion failed 1 ayes, 4 nays (Jacobson, Knight, Gamache and Trude)o Councilmember Orttel asked if the approval of the Special Use Permit for liquor was the same as approving the liquor establishment and its license, barring criminal acts, etc. City Attorney Hawkins stated if the approved a Conditional Use for the sale of on-sale and off-sale liquor under the zoning ordinance, an individual then has to meet the requirements of the liquor ordinanceo If they meet all -7--- Regular Andover City Council Meeting Minutes - April 5, 2005 Page 12 the standards in the liquor ordinance pertaining to investigations, application fees and so on, then they are entitled to have the issuance of a liquorlicense. Motion by Jacobson to approve the resolution limiting the subject property to on- sale liquor sales@ only with changes to the resolution after Therefore, Be It Resolved, item one, "The applicant shall be required to obtain a liquor license from the City Council for eaeh one business that proposes to ~ Elf sell off-sale liquor." In item three, change "on-sale liquor licenses" to "on-sale liquor license" and . remove the word "each". This will suggest they allow only one off-sale license in the structure and Oat this time, not allow the on-sale one as requested and ask the applicant ifhe wants to do that to come back on an individual basis and they can decide that later on. Mayor Gamache stated the resolution from the Planning & Zoning Commission came to the Council as a request for on-saleo He thought they needed to amend this resolution to only include on-saleo Mro Dickinson suggested to the City Council how they could amend the resolution for one licenseo The City Council recessed at 9:45 p.mo The City Council reconvened at 9:50 porn. The Resolution was refilled and corrected by the staff and the City Attorney during the break and reviewed by the City Council. Mayor Gamache indicated the following changes to the Resolution: The first "WHEREAS, Landform has requested approval of a Conditional Use Permit for off sale liquor on the subject property, and;" Mayor Gamache noted the third and fourth Whereas are to be removedo Mayor Gamache also noted the change to "NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby agrees ',vith the recommendatioR of the Planning and Zoning Commission and approves eft-one off sale liquor license on the property subject to the following: 10 The applicant shall be required to obtain a liquor license from the City Council for eaeh-one business that proposes to serve or sell off sale liquor. 2. No signage advertising Elfl-off sale liquor sales shall be allowed on the north and west elevation~ of the building on Lot 50 30 On sale liquor license(s) shall limit alceflol sales t-o t-cn percent ohotal revenI:le of eOOft lieeRseo The Conditional Use Permit shall be subject to a sunset clause as defined in City Code 12-15-6. -0- Regular Andover City Council Meeting Minutes - April 5, 2005 Page 13 4. Subiect to the location of the said business within the building and limited to the 5.100 square feet of Lot 5 on the northwest comer of the building. applicant will submit a diagram for the location. 50 Further be it resolved the City Council denies the application for the on sale ofliquor because the application is too broad and applies to the entire structure and would enable numerous on sale licenses to be issued without Council input. 60 The trade name of the business will not use the word "liquor"o - Councilmember Orttel stated they have never issued a SUP to someone who is not in the liquor business beforeo He stated previously they have talked directly to the ownero He noted they are tying the SUP to someone who may not be there in the futureo The City Council discussed other liquor approvals made within the City in the past. Mro Lazan stated they can address any issues the Council may have regarding the off-sale liquor license. He explained they can make those issues conditions of the SUPo To a certain extent, he stated he relied on staff to bundle the deals and to tell him who should be the applicant, how it is appropriate, how it should be statedo This is the direction they took and it made sense when they put it togethero Mr. Lazan explained he was led to believe that the overall development needed to apply for the CUP to pave the way for those individuals to come in and that is what they have done. Councilmember Knight asked if they could say the same conditions would apply to this applicant as applied to the previouso Mayor Gamache stated they do not know what they areo Motion by Jacobson, Seconded by Trude, to approve the changes to the resolution as discussed. Councilmember Jacobson stated this was difficult for him because he normally votes against liquor items but the reason he is doing this is based upon what the City Attorney had said that not allowing this to go through, they could be subject to a lawsuit. Councilmember Trude concurredo Counci1member Orttel thought if that was case, they should study the ordinanceo Councilmember Jacobson thought they decided this by drawing the arcs by the schools and allowed liquor in certain areaso Councilmember Trude thought as they develop Andover Station North, they should think about thiso Councilmember Jacobson stated he did not have a problem looking at the ordinance and making changes to make it more restrictive but he did not think they could do it while they had an application in front ofthemo Mayor Gamache asked if they had a limitation on the number ofliquor licenses they can approveo City Attorney Hawkins stated the State sets that and they are far below the limit. -']- Regular Andover City Council Meeting Minutes - April 5, 2005 Page 14 Councilmember Trude noted she did not feel it was appropriate to change the Ordinance in the middle of consideration of an applicationo She was concerned about potentiallitigationo Mro Lazan asked if there was a restriction on signs and banners for the storeo The Council discussed this and came to the consensus that there will not be much space to hang signs in the windows. Mo~n carried unanimouslyo (Res. R067-05) LIQUOR LICENSE APPLICATION/THE SHOPPES AT ANDOVER 'R COMMONS City Administrato Dickinson stated Assad Awaijane and Ronald Awaijane, dba Clocktower Wine & Spirits, Inco, ave applied for an off-sale intoxicating liquor license for a store to located at the Shoppes at Cloc ower Commonso Mro Dickinson asked if the ould tie the approval to the certificate of occupancy. City Attorney Hawkins believed they could. Motion by Trude, seconded by 0 1, to approve the off-sale liquor license requested by Assad and Ronald Awaijane for the prope located at Suite 9, The Shoppes at Clocktower Commons and issued on the conditions being met hold a license in the Cityo Motion carried 4 ayes, 1 present (Jacobson). AWARD BOND SALES City Administrator Dickinson introduced Mro Mark of Ehlers & Associates who presented the results of the City's sale of bond issues authorized a the March 1,2005 Council meetingo Motion by Jacobson, seconded by Knight, to approve the re lution accepting the proposal on Sale of $3,560,000 General Obligation Improvement Plan Bon ,Series 2005A to Wells Fargo Brokerage Services, LLC. at a true interest rate of 3 05529%. Mo 0 n carried unanimously. (Res. R068-05) CONSIDER LOT SPLIT/14351 CROSSTOWN BOULEVARD ting proposal on Sale at the true interest Motion by Jacobson, seconded by Knight, to approve the resolution acc of $650,000 General Obligation Bonds, Series 2005B to United Bankers rate of301713%0 Motion carried unanimouslyo (Reso 069-05) Community Development Director Neumeister stated the property owner is seeking to s it the -I<J~ C I T Y 0 F NDOVE @ 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304. (763) 755-5100 FAX (763) 755-8923. WWW.CI.ANDOVER.MN.US TO: Mayor and Councilmembers FROM: Jim Dickinson, City Administrator SUBJECT: Award Bond Sales - Ehlers & Associates DATE: February 6, 2007 INTRODUCTION Mark Ruff or Todd Hagen from Ehlers & Associates, the City's Financial Advisor, will be in attendance to present the results of the City's sale of the following bond issues authorized at the January 16, 2007 Council Meeting: $765,000 General Obligation Equipment Certificates, Series 2007A $6,595,000 General Obligation Water Revenue Refunding Bonds, Series 2007B The sale opening will be at 11:00 a.m. on February 6th with consideration of the award of bid to be forwarded to the Andover City Council at approximately 7:00 p.m. that evening. DISCUSSION The City Council authorized at the January 16,2007 Council Meeting to provide for the sale of the aforementioned bonds based on the following justification for each bond issue: $765,000 G.O. Equipment Certificates, Series 2007 A These certificates are being issued primarily to finance public safety and public works equipment purchases outlined in the 200.7-2011 CIP. $6,595,000 G.O. Water Revenue Refunding Bonds, Series 2007B These bonds are proposed to be issued for the purpose of effecting an advance crossover refunding of the 2013 through 2023 maturities of the City's $9,870,000 General Obligation Water Revenue Bonds, Series 2002 dated June 1,2002. BUDGET IMPACT The $765,000 G.O. Equipment Certificates, Series 2007A, are funded by an annual tax levy. The $6,595,000 G.O. Water Revenue Refunding Bonds, Series 2007B are funded by pledged revenues of the City's Water Utility. Mayor and Councilmembers February 6, 2007 Page 2 of2 ACTION REOUESTED The City Council is requested to approve the attached resolutions accepting the proposals on sale of the respective bonds based on the bid tabulation that will be presented by Ehlers & Associates at the meeting. The resolutions are listed below: RESOLUTION PROVIDING FOR THE ISSUANCE AND SALE OF $765,000 GENERAL OBLIGATION EQUIPMENT CERTIFICATES, SERIES 2007A, AND LEVYING A TAX FOR THE PAYMENT THEREOF & RESOLUTION PROVIDING FOR THE ISSUANCE AND SALE OF $6,595,000 GENERAL OBLIGATION WATER REVENUE REFUNDING BONDS, SERIES 2007B, PLEDGING FOR THE SECURITY THEREOF NET REVENUES lly submitted, ~- '...... ~ Attachments EXTRACT OF MINUTES OF A MEETING OF THE CITY COUNCIL OF THE CITY OF ANDOVER, MINNESOTA HELD: February 6, 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 6, 2007, at 7 :00 P oMo, for the purpose, in part, of considering proposals and awarding the sale of $765,000 General Obligation Equipment Certificates, Series 2007 A. The following members were present: and the following were absent: Member introduced the following resolution and moved its adoption: RESOLUTION PROVIDING FOR THE ISSUANCE AND SALE OF $765,000 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 $765,000 General Obligation Equipment Certificates, Series 2007 A (the "Certificates" or individually, a "Certificate"), pursuant to Minnesota Statutes, Chapter 475 and Minnesota Statutes, Section 412.301, to fmance the purchase of various items of capital equipment for the City (the "Equipment") and each item of equipment to be fmanced by the Certificates has an expected useful life at least as long as the term of the Certificates; and B. WHEREAS, the amount of the Certificates to be issued does not exceed one- quarter of one percent (0.25%) of the market value of the taxable property in the City ($ times 0.25% is $ ); and Co 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 475060, 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 11 :00 AoM., 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 1988913vl * NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover, Minnesota, as follows: 10 Acceptance of Proposalo 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 t4e 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 draftso 2. Certificate Termso (a) Original Issue Date: Denominations: Maturities: TermBond Optiono.The Certificates shall be dated March 7, 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-1 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 $185,000 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)o . (b) Book Entry Only Systemo 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 Certificateo (ii) Upon initial issuance, ownership of the Certificates shall be registered in a bond register maintained by the Registrar (as hereinafter defmed) in the name of CEDE & COo, as the nominee (it or any nominee of the existing or a successor Depository, the "Nominee")o 1988913v 1 2 (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 [mancial 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")o 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 orrmibus 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 orrmibus proxyo (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 whatsoevero 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 paido (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 Nomineeo (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"). 1988913vl 3 (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 Certificateso (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 actiono 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 possibleo (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 Representationso (c) Termination of Book-Entry 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 lawo 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 Ownerso (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 hereofo 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 Ownerso (iii) Nothing in this subparagraph (c) shall limit or restrict the provisions of paragraph 100 1988913vl 4 (d) Letter of Reo res entation so The provisions in the Letter of Representations are incorporated herein by reference and made a part of the resollJtion, 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. 30 Purposeo The Certificates shall provide funds to fmance the Equipment. The total cost of the Equipment, which shall include all costs enumerated in Minnesota Statutes, Section 475065, is estimated to be at least equal to the amount of the Certificateso 40 Interest. The Certificates shall bear interest payable semiannually on February I and August I 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 % 50 No Redemptiono The Certificates shall not be subject to redemption and prepayment prior to their stated maturity dateso 60 Registrar. UoSo 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 herewitho The Registrar shall also serve as paying agent unless and until a successor paying agent is duly appointedo 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 120 70 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: 1988913vl 5 UNITED STATES OF AMERICA STATE OF MINNESOTA ANOKA COUNTY CITY OF ANDOVER R- $ GENERAL OBLIGATION EQUIPMENT CERTIFICATES, SERIES 2007A INTEREST RATE MA TURlTY DATE DATE OF ORIGINAL ISSUE CUSIP % FEBRUARY 1,20_ MARCH 7, 2007 REGISTERED OWNER: CEDE & COo PRINCIPAL 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 of a 360-day year of twelve 30-day months) until the principal sum is paid or has been provided foro 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 hereofo The principal of and premium, if any, on this Certificate are payable upon presentation and surrender hereof at the principal office ofUoSo 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")o 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 Dateo The principal of and premium, if any, and interest on this Certificate are payable in lawful money of the United States of Americao 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 Resolutiono Until termination of the book-entry only 1988913vl 6 system pursuant to the Resolution, Certificates may only be registered in the name of the Depository or its Nomineeo No Redemptiono The Certificates of this issue (the "Certificates") are not subject to redemption and prepayment prior to their stated maturity dateso Issuance: PUlJlose: General Obligationo 1bis Certificate is one of an issue in the total principal amount of $765,000, all oflike 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 February 6, 2007 (the "Resolution"), for the purpose of providing money to fmance the purchase of various items of capital equipment for the Issuer 0 1bis Certificate is payable out of the General Obligation Equipment Certificates, Series 2007 A Fund of the Issuero 1bis 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 pledgedo Denominations: Exchange: Resolutiono The Certificates are issuable solely in fully registered form in Authorized Denominations (as defmed 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 Resolutiono Reference is hereby made to the Resolution for a description of the rights and duties of the Registraro Copies of the Resolution are on file in the principal office of the Registraro Transfero 1bis 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 Losso 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 Certificateso Treatment of Registered Ownerso 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 Authenticationo Ibis 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 Registraro Not Oualified Tax-Exempt Obligation. Ibis Certificate has not 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, laws of the 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 indebtednesso 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 lawo Date of Registration: Registrable by: UoSo BANK NATIONAL ASSOCIATION Payable at: UoSo BANK NATIONAL ASSOCIATION REGISTRAR'S CERTIFICATE OF AUTHENTICATION CITY OF ANDOVER, ANOKA COUNTY, MINNESOTA Ibis Certificate is one of the Certificates described in the Resolution mentioned withino /s/ Facsimile Mayor UoSo Bank National Association St. Paul, Minnesota Registrar /s/ 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 (Cust) Transfers to Minors Act (Minor) Uniform (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 premiseso 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 whatevero 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 defmed 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 providedo 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 lawo 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 officero 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 deliveryo 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 certificateo 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 canceledo 90 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 Registraro Certificates of Authentication on different Certificates need not be signed by the same persono 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 7, 20070 The Certificate of Authentication so executed on each Certificate shall be conclusive evidence that it has been authenticated and delivered under this resolutiono 100 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 providedo 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 1988913vl 10 maturity, upon surrender of the Certificates to be exchanged at the principal office of the Registraro 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 receiveo 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 writingo 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 Certificateso 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. 110 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 Certificateo 120 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")o 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 interesto 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. 130 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 (subj ect 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 contraryo 1988913vl 11 140 Deliverv: Application ofProceedso 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. 150 Fund and Accountso There is hereby created a special fund to be designated the "General Obligation Equipment Certificates, Series 2007 A 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 Cityo 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: 160 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 bido 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 475065; 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 leviedo 170 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 Accounto 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 lawo 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 $100,0000 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 149(b) of the Internal Revenue Code of 1986, as amended (the "Code"). 18. Tax Levy; Coverage 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 Certificateso 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 30 190 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 ceaseo 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 maturityo 20. Compliance with Reimbursement Bond Regulationso 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 and/or covenants as follows: (a) Not later than 60 days after the date of payment of a Reimbursement Expenditure, the City (or person designated to do so on behalf of the City) has made or will have made a written declaration of the City's official intent (a "Declaration") which effectively (i) states the City's reasonable expectation to reimburse itself for the payment of the Reimbursement Expenditure out of the proceeds of a subsequent borrowing; (ii) gives a general and functional description of the property, project or program to which the Declaration relates and for which the 1988913vl 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 (iii) states the maximum principal amount of debt expected to be issued by the City for the purpose offmancing the Project; provided, however, that no such Declaration shall necessarily have been made with respect to: (i) "preliminary expenditures" for the Project, defmed 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 o 150-2(d)(3) of the Reimbursement Regulationso (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 issuedo 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 Certificateso 21. Continuing Disclosureo 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 Undertakingo The City reserves the right to modify from time to time the terms of the Undertaking as provided thereino (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 fmancial 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 covenantso 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 (i) consistent with the requirements under the Rule, (ii) required by the Purchaser of the Certificates, and (iii) acceptable to the Officerso 220 General Obligation Pledgeo 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 pledgedo 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. 230 Certificate of Registrationo A certified copy of this resolution is hereby directed to be filed with the Director ()fProperty 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 madeo 24. Records and Certificateso 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 information 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 thereino 25. Negative Covenant as to Use of Proceeds and Eauioment. The City hereby covenants not to use the proceeds of the Certificates or the equipment fmanced 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 ofthe Codeo 1988913v 1 15 260 Tax-Exempt Status of the Certificates: Rebate: Electionso 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 (iii) the rebate of excess investment earnings to the United States. The City expects to satisfy the l8-month expenditure exemption for gross proceeds of the Certificates as provided in Section 1.148-7(d)(1) of the Regulationso 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 of Issuance Expenses. The City authorizes the Purchaser to forWard the amount of Certificate proceeds allocable to the payment of issuance expenses to Uo S: Trust Company N.A., Greenwich, Connecticut on the closing date for further distribution as directed by the City's financial advisor, EWerso 28. Severabilityo 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 hereofo 290 Headingso 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 and, after a full discussion thereof and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: Whereupon the resolution was declared duly passed and adoptedo 1988913vl 16 STATE OF MINNESOTA COUNTYOFANOKA 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 $765,000 General Obligation Equipment Certificates, Series 2007 A. WITNESS my hand on February _,20070 Clerk 1988913vl 17 EXTRACT OF MINUTES OF A MEETING OF THE CITY COUNCIL OF THE CITY OF ANDOVER, MINNESOTA HELD: February 6, 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 6, 2007, at 7 :00 P.M., for the purpose, in part, of considering proposals and awarding the sale of $6,595,000 General Obligation Water Revenue Refunding Bonds, Series 2007B. The following members were present: and the following were absent: Member introduced the following resolution and moved its adoption: RESOLUTION PROVIDING FOR THE ISSUANCE AND SALE OF $6,595,000 GENERAL OBLIGATION WATER REVENUE REFUNDING BONDS; SERIES 2007B, PLEDGING FOR THESECillUTYTHEREOFNETREVENUES A. WHEREAS, the City of Andover, Minnesota (the "City"), owns and operates a municipal water system (the "System") as a separate revenue producing public utility and the net revenues of the System are pledged to the payment of the City's outstanding $9,780,000 original principal amount of General Obligation Water Revenue Bonds, Series 2002, dated June 1, 2002 (the "Prior Bonds"); and B. WHEREAS, the Prior Bonds were issued pursuant to a resolution duly adopted by the City Council on May 21, 2002 (the "Prior Resolution") for the purpose, in part, of providing money to finance improvements to the System (the "Project"); and Co WHEREAS, $6,490,000 aggregate principal amount of the Prior Bonds which matures on and after February 1, 2013, is subject to redemption and prepayment at the option of the City on August 1, 2012, and on any date thereafter at a price of par plus accrued interest, as provided in the Prior Resolution and the refunding of the callable Prior Bonds is consistent with the covenants made with the holders thereof and is necessary and desirable for the reduction of debt service cost to the. City; and Do WHEREAS, the City Council deems it desirable and in the best interests of the City to issue $6,595,000 General Obligation Water Revenue Refunding Bonds, Series 2007B (the "Bonds"), pursuant to Minnesota Statutes, Chapter 475067, subdivision 13, to provide funds for a crossover refunding, on August 1,2012 (the "Refunding") of the callable Prior Bonds which mature on and after February 1, 2013 (the "Refunded Bonds"), in accordance with the Prior Resolution; and E. WHEREAS, the City has retained Ehlers & Associates, Inc., in Roseville, Minnesota ("Ehlers"), as its independent financial advisor for the sale of the Bonds and was therefore authorized to sell the Bonds by private negotiation in accordance with Minnesota 1989789vl Statutes, Sectian 475060, Subdivisian 2(9) and propasals to. purchase the Bands have been salicited by Ehlers; and Fo WHEREAS, the propasals set farth an Exhibit A attached hereto. were received by the City Clerk, ar designee, at the affices afEhlers, at 11 :00 A.M., this same day pursuant to. the Terms afPropasal established far the Certificates; and Go WHEREAS, it is in the best interests afthe City that the Bands be issued in baak- entry farm as hereinafter provided; and NOW, THEREFORE, BE IT RESOLVED by the Cauncil afthe City af Andaver, Minnesata, as fallaws: 10 Acceptance afPropasal. The propasal af (the "Purchaser"), to. purchase the Bands, in accardance with the Terms afPropasal established far the Bands, at the rates af interest hereinafter set farth, and to. pay therefar the sum af $ , plus any interest accrued to. settlement, is hereby accepted and the Certificates are hereby awarded to. the Purchaser. The Clerk is directed to. retain the depasit af the Purchaser and to. farthwith return to. the unsuccessful bidders any gaad faith checks ar drafts.. 20 Band Termso (a) Original Issue Date: Denaminatians: Maturities: Term Band aptian. The Bands shall be dated March 7, 2007, as the date af ariginal issue, shall be issued farthwith an ar after such date in fully registered farm, shall be numbered fram R-l upward in the denaminatian af $5,000 each ar in any integral multiple thereaf af a single maturity (the "Autharized Denaminatians") and shall mature an February 1 in the years and amaunts as fallaws: Year Amaunt 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 The serial requirements afMinnesata Statutes, Chapter 475.54, Subdivisian 1, do. nat apply to. the Bands as they are payable primarily fram a saurce ather than ad valarem taxes, as permitted by Minnesata Statutes, Chapter 474054, Sub. 170 As may be requested by the Purchaser, ane or mare term Bands may be issued having mandatary sinking fund redemptian and final maturity amaunts canfarming to. the faregaing principal 1989789vl 2 repayment schedule, and corresponding additions may be made to the provisions of the applicable Bond(s)o (b) Book Entry Onlv Systemo The Depository Trust Company, a limited purpose trust company organized nnder the laws of the State of New York or any of its successors or its successors to its functions herennder (the "Depository") will act as securities depository for the Bonds, and to this end: (i) The Bonds shall be initially issued and, so long as they remain in book entry form only (the "Book Entry Only Period"), shall at all times be in the form of a separate single fully registered Bond for each maturity of the Bonds; and for purposes of complying with this requirement nnder 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 amonnt of that Bondo (ii) Upon initial issuance, ownership of the Bonds shall be registered in a bond register maintained by the Bond Registrar (as hereinafter defined) in the name of CEDE & CO., as the nominee (it or any nominee of the existing or a successor Depository, the "Nominee")o (iii) With respect to the Bonds neither the City nor the Bond Registrar shall have any responsibility or obligation to any broker, dealer, bank, or any other financial institution for which the Depository holds Bonds as securities depository (the "Participant") or the person for which a Participant holds an interest in the Bonds shown on the books and records of the Participant (the "Beneficial Owner"). Without limiting the immediately preceding sentence, neither the City, nor the Bond Registrar, shall have any such responsibility or obligation with respect to (A) the accuracy of the records of the Depository, the Nominee or any Participant with respect to any ownership interest in the Bonds, or (B) the delivery to any Participant, any Owner or any other person, other than the Depository, of any notice with respect to the Bonds, including any notice of redemption, or (C) the payment to any Participant, any Beneficial Owner or any other person, other than the Depository, of any amonnt 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")o For purposes of securing the vote or consent of any Holder nnder this Resolution, the City may, however, rely upon an omnibus proxy nnder which the Depository assigns its consenting or voting rights to certain Participants to whose acconnts the Bonds are credited on the record date identified in a listing attached to the omnibus proXYo (iv) The City and the Bond Registrar may treat as and deem the Depository to be the absolute owner of the Bonds for the purpose of payment of the principal of and premium, if any, and interest on the Bonds, for the purpose of giving notices of redemption and other matters with respect to the 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 whatsoevero The Bond Registrar, as paying .agent herennder, shall pay all principal of and premium, if any, and interest on the Bonds only to the Holder and the Holders of the Bonds as shown on the bond register, 1989789vl 3 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 paido (v) Upon delivery by the Depository to the Bond Registrar of written notice to the effect that the Depository has determined to substitute a new Nominee in place of the existing Nominee, and subject to the transfer provisions in paragraph 10 hereof, references to the Nominee hereunder shall refer to such new Nomineeo (vi) So long as any Bond is registered in the name of a Nominee, all payments with respect to the principal of and premium, if any, and interest on such Bond and all notices with respect to such Bond shall be made and given, respectively, by the Bond Registrar or City, as the case may be, to the Depository as provided in the Letter of Representations to the Depository required by the Depository as a condition to its acting as book -entry Depository for the Bonds (said Letter of Representations, together with any replacement thereof or amendment or substitute thereto, including any standard procedures or policies referenced therein or applicable thereto respecting the procedures and other matters relating to the Depository's role as book-entry Depository for the Bonds, collectively hereinafter referred to as the "Letter of Representations") 0 (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 actiono 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 possibleo (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 0 (c) Termination of Book-Entrv Onlv 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 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 1989789vl 4 system of book-entry transfers through the Depository is not in the best interests of the City or the Beneficial Ownerso (ii) Upon termination of the services of the Depository as provided in the preceding paragraph, and if no substitute securities depository is willing to undertake the functions of the Depository hereunder can be found which, in the opinion of the City, is willing and able to assume such functions upon reasonable or customary terms, or if the City determines that it is in the best interests of the City or the Beneficial Owners of the Bond that the Beneficial Owners be able to obtain certificates for the Bonds, the Bonds shall no longer be registered as being registered in the bond register in the name of the Nominee, but may be registered in whatever name or names the Holder of the Bonds shall designate at that time, in accordance with paragraph 100 To the extent that the Beneficial Owners are designated as the transferee by the Holders, in accordance with paragraph 10 hereof, the Bonds will be delivered to the Beneficial Ownerso (iii) Nothing in this subparagraph (d) shall limit or restrict the provisions of paragraph 10. (d) Letter of Representationso 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. 30 Purpose; Refunding Findingso The Bonds (together with other available funds, if any, appropriated in paragraph 15) shall provide funds to finance the Refunding. It is hereby found, determined and declared that the Refunding is pursuant to Minnesota Statutes, Section 475067, subdivision 13, shall result in a reduction of the present value (as of the crossover date) of the dollar amount of the debt service to the City from a total dollar amount of $ for the Prior Bonds to a total dollar amount of $ for the Bonds, computed in accordance with the provisions of Minnesota Statutes, Section 475067, subdivision 120 The dollar amount of such present value of the debt service for the Bonds is lower by at least three percent than the dollar amount of such present value of the debt service for the Prior Bonds as required in Minnesota Statutes, Section 475.67, subdivision 12. 40 Interest. The Bonds 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 years as follows: 1989789vl 5 Maturity Year Interest Rate 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 50 Redemption. All Bonds maturing on February 1, 2018 and thereafter, shall be subject to redemption and prepayment at the option of the City on February 1,2017, 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, those Bonds remaining unpaid which have the latest maturity date shall be prepaid fIrst; and if only part of the Bonds having a common maturity date are called for prepayment, the specifIc Bonds to be prepaid shall be chosen by lot by the Bond Registraro Bonds or portions thereof called for redemption shall be due and payable on the redemption date, and interest thereon shall cease to accrue from and after the redemption date. Mailed notice of redemption shall be given to the paying agent and to each affected registered holder of the Bonds at least thirty days prior to the date fixed for redemptiono 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 Bondo 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 redeemedo 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 ofa denommation of more than $5,000 shall be redeemed as shall equal $5,000 for each number assigned to it and so selectedo If a Bond is to be redeemed only in part, it shall be surrendered to the Bond Registrar (with. if the City or Bond Registrar so requires, a written instrument of transfer in form satisfactory to the City and Bond Registrar dwy executed by the holder thereof or the Holder's attorney dwy authorized in writing) and the City shall execute (if necessary) and the Bond Registrar shall authenticate and deliver to the Holder of such Bond, without service charge, a new Bond or Bonds of the same series having the same stated maturity and interest rate and of any Authorized Denommation or Denommations, 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. 60 Bond Registrar. V.So Bank National Association, in St. Paw, 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 herewitho The Bond Registrar shall also serve as paying agent unless and until a successor paying agent is 1989789vl 6 duly appointedo Principal and interest on the Bonds shall be paid to the registered holders (or record holders) of the Bonds in the manner set forth in the form of Bond and paragraph 12 of this resolutiono 70 Form of Bondo 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: 1989789vl 7 UNITED STATES OF AMERICA STATE OF MINNESOTA ANOKACOUNTY CITY OF ANDOVER R- $ GENERAL OBLIGATION WATER REVENUE REFUNDING BOND, SERIES 2007B Interest Rate Maturity Date Date of Original Issue CUSIP February 1, March 7, 2007 REGISTERED OWNER: CEDE & CO. PRINCIPAL AMOUNT: 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, unless called for 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 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 ofUoSo Bank National Association, in St. Paul, Minnesota (the "Bond Registrar"), acting as paying agent, or any successor paying agent duly appointed by the Issuero 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")o 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 Resolutiono 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 Nomineeo 1989789vl 8 Redemptiono All Bonds of this issue (the "Bonds") maturing on February 1,2018, and thereafter, are subject to redemption and prepayment at the option of the Issuer on February 1, 2017, 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, those Bonds remaining unpaid which have the latest maturity date shall be prepaid first; and if only part of the Bonds having a common maturity date are called for prepayment, the specific Bonds to be prepaid shall be chosen by lot by the Bond Registrar. Bonds or portions thereof called for redemption shall be due and payable on the redemption date, and interest thereon shall cease to accrue from and after the redemption date. Mailed notice of redemption shall be given to the paying agent and to each affected Holder of the Bonds at least thirty days prior to the date fixed for redemptiono Selection of Bonds for Redemption: Partial Redemptiono 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 redeemedo 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 (if necessary) and the Bond Registrar shall authenticate and deliver to the Holder of such Bond, without service charge, a new Bond or Bonds of the same series having the same stated maturity and interest rate and of any Authorized Denomination or Denominations, as requested by such Holder, in aggregate principal amount equal to and in exchange for the unredeemed portion of the principal of the Bond so surrenderedo Issuance: Purpose: General Obligationo This Bond is one of an issue in the total principal amount of$6,595,000, all oflike date of original issue and tenor, except as to number, maturity, interest rate, redemption provision 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 6, 2007 (the "Resolution"), for the purpose of providing money for a crossover refunding on August 1,2012, of the General Obligation Water Revenue Bonds, Series 2002, dated June 1,2002, which mature on and after February 1,20130 This Bond is payable out of the Escrow Account and the General Obligation Water Revenue Refunding Bonds, Series 2007B Fund of the Issuero 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 pledgedo Denominations: Exchange: Resolutiono The Bonds are issuable solely in fully registered form in Authorized Denominations (as defmed in the Resolution) and are exchangeable for fully registered Bonds of other Authorized Denominations in equal aggregate principal amounts at.the 1989789vl 9 principal office of the Bond Registrar, but only in the manner and subject to the limitations provided in the Resolutiono Reference is hereby made to the Resolution for a description of the rights and duties of the Bond Registraro Copies of the Resolution are on file in the principal office of the Bond Registraro Transfero 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 hereof to the Bond Registrar, all subject to the terms and conditions provided in the Resolution and to reasonable regulations of the Issuer contained in any agreement with the Bond Registraro 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 rateo Fees upon Transfer or Losso 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 Bondso Treatment of Registered Ownerso 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 contraryo Authenticationo 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. Not Qualified Tax-Exempt Qbligationo This Bond has not 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 amendedo 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, that the Issuer has covenanted and agreed with the Holders of the Bonds that it will impose and collect charges for the service, use and availability of the municipal water system (the "System") at the times and in amounts necessary to produce net revenues, together with other sums pledged to the payment of the adequate to pay all principal and interest when due on the Bonds; and that the Issuer will levy a direct, annual, irrepealable ad valorem tax upon all of the taxable property of the Issuer, without limitation as to rate or amount, for the years and in amounts sufficient to pay the principal and interest on the Bonds as they respectively become due, if the net revenues from the System, and any other sums irrevocably appropriated to the Debt Service Account are insufficient therefor and that this Bond, together with all other debts of the Issuer outstanding on 1989789vl 10 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 WIlNESS 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. Date of Registration: Registrable by: UoSo BANK NATIONAL ASSOCIATION Payable at: UoSo BANK NATIONAL ASSOCIATION BOND REGISTRAR'S CERTIFICATE OF AUTHENTICATION This Bond is one of the Bonds described in the Resolution mentioned withino CITY OF ANDOVER, ANOKA COUNTY, MINNESOTA Isl Facsimile Mayor UoSo BANK NATIONAL ASSOCIATION Sto Paul,MUrrnesota Bond Registrar Isl Facsimile Clerk By: Authorized Signature 1 989789vl 11 ABBREVIATIONS The following abbreviations, when used in the inscription on the face of this Bond, shall be construed as though they were written out in full according to applicable laws or regulations: TEN COM - as tenants in common TEN ENT - as tenants by the entireties JT TEN - as joint tenants with right of survivorship and not as tenants in common UTMA - as custodian for (Cust) (Minor) Uniform Transfers to Minors Act under the (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 prenuses. Dated: Notice: The assignor's signature to this assignment must correspond with the name as it appears upon the face of the within Bond in every particular, without alteration or any change whatever. Signature Guaranteed: Signature(s) must be guaranteed by a national bank or trust company or by a brokerage firm having a membership in one of the major stock exchanges or any other "Eligible Guarantor Institution" as defined in 17 CFR 240.17 Ad-15(a)(2). The Bond Registrar will not effect transfer of this Bond unless the information concerning the transferee requested below is provided. Name and Address: (Include information for all joint owners if the Bond is held by joint account.) 1989789vl 12 PREPAYMENT SCHEDULE This Bond has been prepaid in part on the date(s) and in the amount(s) as follows: DATE 1989789vl AMOUNT 13 AUTHORIZED SIGNATURE OF HOLDER 8. Execution: Temoorary Bonds. The Bonds shall be printed (or, at the request of the Purchaser, typewritten) and shall be executed on behalf of the City by the signatures of its Mayor and City 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 officer, the Bonds may be signed by the mlillual or facsimile signature of an officer who may act on behalf of the absent or disabled officer. In case either officer whose signature or facsimile of whose signature shall appear on the Bonds shall cease to be the officer before the delivery of the Bonds, the signature or facsimile shall nevertheless be valid and sufficient for all purposes, the same as if the officer had remained in office until delivery. The City may elect to deliver,. in lieu of printed definitive bonds, one or more typewritten temporary bonds in substantially the form set forth above, with such changes as may be necessary to reflect more than one maturity in a single temporary bond. Such temporary bonds may be executed with photocopied facsimile signatures of the Mayor and City Clerk. Such temporary bonds shall, upon the printing of the definitive bonds and the execution thereof, be exchanged therefor and cancelled. 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 the 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 March 7, 2007. The Certificate of Authentication so executed on each Bond 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 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, ir1sert 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 1989789vl 14 any Bonds are so surrendered for exchange, the City shall execute (if necessary), and the Bond Registrar shall authenticate, insert the date of registration of, and deliver the Bonds which the Holder making the exchange is entitled to receive. All Bonds surrendered upon any exchange or transfer provided for in this resolution shall be promptly canceled by the Bond Registrar and thereafter disposed of as directed by the City. All Bonds delivered in exchange for or upon transfer of Bonds shall be valid general obligations of the City evidencing the same debt, and entitled to the same benefits under this resolution, as the Bonds surrendered for such exchange or transfer. Every Bond presented or surrendered for transfer or exchange shall be duly endorsed or be accompanied by a written instrument of transfer, in form satisfactory to the Bond Registrar, duly executed by the Holder thereof or 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. Rights Uoon 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 Payment Record Date. Interest on any Bond shall be paid on each Interest Payment Date by check or draft mailed to the person in whose name the Bond is registered (the "Holder") on the registration books of the City maintained by the Bond Registrar and at the address appearing thereon at the close of business on the fifteenth 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 of Registered Owner. The City and Bond Registrar may treat the person in whose name any Bond is registered as the owner of such Bond for the purpose of receiving payment of principal of and premium, if any, and interest (subject to the payment provisions in paragraph 12) 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. 1989789vl 15 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: Accounts and Subaccounts. For the convenience and proper administration of the moneys to be borrowed and repaid on the Bonds, and to make adequate and specific security to the Purchaser and holders from time to time of the Bonds, there is hereby created a special fund to be designated the "General Obligation Water Revenue Refunding Bonds, Series 2007B 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 fmancial records of the City. The Fund shall be maintained in the manner herein specified until all of the Bonds shall have been fully paid. The Operation and Maintenance Account (the "Operation and Maintenance Account") heretofore established by the City shall continue to be maintain~d in the manner heretofore provided by the City. All moneys remaining after paying or providing for the items set forth in the resolution establishing the Operation and Maintenance Account shall constitute and are referred to as "net revenues" until the Bonds have been paid. There shall be maintained in the Fund the following separate accounts to which shall be credited and debited all net revenues of the System as hereinafter set forth. The City Finance Director and all officials and employees concerned therewith shall establish and maintain financial records of the receipts and disbursements of the System in accordance with this resolution. In such records there shall be established and maintained accounts of the Fund for the purposes as follows: (a) Escrow Account. The Escrow Account shall be maintained as an escrow account with U.S. Bank National Association (the "Escrow Agent") in St. Paul, Minnesota, which is a suitable fmancial institution within or without the State whose deposits are insured by the Federal Deposit Insurance Corporation and whose combined capital and surplus is not less than $500,000. All proceeds of the sale ofthe Bonds shall be received by the Escrow Agent and applied to fund the Escrow Account or to pay costs of issuing the Bonds. Proceeds of the Bonds not used to pay costs of issuance are hereby irrevocably pledged and appropriated to the Escrow Account, together with all investment earnings thereon. The Escrow Account shall be invested in securities maturing or callable at the option of the holder on such dates and bearing interest at such rates as shall be required to provide sufficient funds, together with any cash or other funds retained in the Escrow Account, (i) to pay when due the interest to accrue on the Bonds to and including August 1,2012; and (ii) to pay when called for redemption on August 1, 2012, the principal amount of the Prior Bonds. The Escrow Account shall be irrevocable appropriated to the payment of (i) all interest on the Bonds to and including August I, 2012; and (ii) the principal of the Prior Bonds due by reason of their caIl for redemption on August 1,2012. The moneys in the Escrow Account shall be used solely for the purposes herein set forth and for no other purpose, except that any surplus in the Escrow Account may be remitted to the City, all in accordance with an agreement (the "Escrow Agreement") by and between the City and Escrow Agent, a form of which agreement is on file in the office of the Clerk. Any moneys remitted to the City upon termination of the Escrow Agreement shall be deposited in the Debt Service Account. (b) Debt Service Account. To the Debt Service Account there is hereby pledged and irrevocably appropriated and there shall be credited: (i) after the crossover date, the net revenues of the System not otherwise pledged and applied to the payment of other obligations of the City, 1989789vl 16 in an amount, together with other funds which may herein or hereafter from time to time be irrevocably appropriated to the account sufficient to meet the requirements of Minnesota Statutes, Section 475.61 for the payment of the principal and interest of the Bonds; (ii) any collections of all taxes hereafter levied for the payment of the Bonds and interest thereon; (iii) any balance remitted to the City upon termination of the Escrow Agreement; (iv) any funds remaining after August 1,2012 in the Debt Service Account established by the Prior Resolution for the Prior Bonds after the same have been paid and discharged; (v) all investment earnings on funds 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 amount of any surplus remaining in the Debt Service Account when the Bonds and interest thereon are paid shall be used consistent with the Minnesota Statutes, Section 475.61, Subdivision 4. The moneys in the Debt Service Account shall be used solely to pay the principal of and interest on the Bonds or any other bonds hereafter issued and made payable from the Fund. 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 (i) for a reasonable temporary period until such proceeds are needed for the purpose for which the Bonds 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 Bonds or $100,000. To this effect, any proceeds of the Bonds and any sums from time to time held in the Fund (or any other City account which will be used to pay principal and interest to become due on the Bonds) in excess of amounts which under the applicable federal arbitrage regulations may be invested without regard as to yield shall not be invested in excess of the applicable yield restrictions imposed by the arbitrage regulations on such investments after taking into account any applicable "temporary periods" or "minor portion" made available under the federal arbitrage regulations. In addition, the proceeds of the Bonds and money in the Fund shall not be invested in obligations or deposits issued by, guaranteed by or ir1sured 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 federal Internal Revenue Code of 1986, as amended (the "Code"). 16. Covenant to Maintain Rates and Charges. In accordance with Minnesota Statutes, Section 444.075, the City hereby covenants and agrees with the Holders of the Bonds that it will impose and collect charges for the service, use, availability and connection to the System at the times and in the amounts required to produce net revenues adequate to pay all principal and interest when due on the Bonds and the net revenues, to the extent available and necessary, are hereby irrevocably pledged and appropriated to the payment of such principal and interest. 17. Excess Net Revenues. Net revenues of the System in excess of those required for the foregoing may be used for any proper purpose. 18. Additional Revenue Bonds. Nothing contained herein shall be deemed to preclude the City from making further pledges and appropriations of the net revenues of the System for the payment of other or additional obligations of the City, provided that it has first been determined by the City Council that the estimated net revenues of the System will be sufficient in addition to all other sources, for the payment of the Bonds and such additional 1989789vl 17 obligations and any such pledge and appropriation of the net revenues may be made superior or subordinate to, or on a parity with the pledge and appropriation herein. 19. General Obligation Pledge. For the prompt and full payment of the principal of 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 Escrow Account or Debt Service Account is ever ir1sufficient to pay all principal and interest then due on the Bonds payable therefrom, the deficiency shall be promptly paid out of any other accounts of the City which are available for such purpose, and such other funds may be reimbursed without interest from the Escrow Account or Debt Service Account when a sufficient balance is available therein. 20. Refunding Requirements. (a) On or prior to the delivery of the Bonds the Mayor and Clerk shall, and are hereby authorized and directed to, execute on behalf of the City the Escrow Agreement. The Escrow Agreement is hereby approved and adopted and made a part of this resolution and the City covenants that it will promptly enforce all provisions thereof in the event of default thereunder by the Escrow Agent. (b) Securities purchased from moneys in the Escrow Account shall be limited to securities set forth in Minnesota Statutes, Section 475.67, Subdivision 8, and any amendments or supplements thereto. Securities purchased from the Escrow Account shall be purchased simultaneously with the delivery of the Bonds. The City has investigated the facts and hereby finds and determines that the Escrow Agent is a suitable financial institution to act as escrow agent. (c) The Refunded Bonds shall be redeemed and prepaid in accordance with the terms and conditions set forth in the Notice of Call for Redemption substantially in the form attached to the Escrow Agreement, which terms and conditions are hereby approved and incorporated herein by reference. The Notice of Call for Redemption shall be given pursuant to the Escrow Agreement. Failure to give notice by mail to any registered owner, or any defect therein, will not affect the validity of any proceedings for the redemption of the Refunded Bonds. (d) The Purchaser, as agent for the City, is hereby authorized and directed to purchase on behalf of the City and in its name the appropriate United States Treasury Securities, State and Local Government Series, and/or open market securities as provided in paragraph ( c), from the proceeds of the Bonds and, to the extent necessary, other available funds, all in accordance with the provisions of this resolution and the Escrow Agreement and to execute all such documents (including the appropriate subscription form) required to effect such purchase in accordance with the applicable U.S. Treasury Regulations. (e) Until retirement of the Prior Bonds, all provisions theretofore made for the security thereof shall be observed by the City and all of its officers and agents. 21. 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 1 989789vl 18 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 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 ir1stitution qualified by law as an escrow agent for this purpose, cash or securities described in Minnesota Statutes, Section 475.67, Subdivision 8, bearing interest payable at such times and at such rates and maturing on such dates as shall be required, without regard to sale and/or reinvestment, to pay all amounts to become due thereon to maturity. 22. Certificate of Registration. The Clerk is hereby directed to file a certified copy of this resolution with the Director of Property Tax and Public Records of Anoka County, Minnesota, together with such other information as the Director shall require, and to obtain the Director's certificate that the Bonds have been entered in the Bond Register. 23. Records and Certificates. The officers of the City are hereby authorized and directed to prepare and furnish to the Purchaser, and to the attorneys approving the legality of the issuance of the Bonds, certified copies of all. proceedings and records of the City relating to the Bonds and to the financial condition and affairs of the City, and such other affidavits, certificates and information as are required to show the facts relating to the legality and marketability of the Bonds as the same appear from the books and records under their custody and control or as otherwise known to them, and all such certified copies, certificates and affidavits, including any heretofore furnished, shall be deemed representations of the City as to the facts recited therein. 24. Negative Covenant as to Use of Proceeds and Proiect. The City hereby covenants not to use the proceeds of the Bonds or to use the Project, or to cause or permit them to be used, or to enter into any deferred payment arrangements for the cost of the Project, 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 is subject to the rebate requirement imposed by Section 148(f) of the Code by reason of issuing (together with all subordinate entities thereof, and all entities treated as one issuer with the Issuer) more than $5,000,000 of tax-exempt governmental obligations during this calendar year as provided in Section 148(f)(4)(D) of the Code and Section 1.148-8 of the Regulations. 26. No Designation as Oualified Tax-Exempt Obligations. The City will not qualify the Bonds as "qualified tax exempt obligations" within the meaning of Section 265(b)(3) of the Code. 27. Payment ofIssuance Expenses. The City authorizes the Purchaser to forward the amount of Bond 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, EWers. 1989789vl 19 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 of this resolution. 29. Headings. Headings in this resolution are included for convenience of reference only and are not a part hereof, and shall not limit or defme the meaning of any provision hereof. The motion for the adoption of the foregoing resolution was duly seconded by member and, after a full discussion thereof and upon a vote being taken thereon, the following voted in favor thereof: and the following voted against the same: Whereupon the resolution was declared duly passed and adopted. 1 989789vl 20 STATE OF MINNESOTA COUNTYOFANOKA 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 such minutes relate to providing for the issuance and sale of $6,595,000 General Obligation Water Revenue Refunding Bonds, Series 2007B. WITNESS my hand on February _, 2007. Clerk 1989789vl 21 CITY OF NDOVE @ 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304. (763) 755-5100 FAX (763) 755-8923. WWW.CI.ANDOVER.MN.US CC: Mayor and Council Members ~ Jim Dickinson, City Administrator David D. Berlmwitz, City Engffi= TO: FROM: SUBJECT: Hold Public Hearing/Order Plans & Specifications/06-37/16181 Avenue NW & Crane Street NW/Intersection Improvements - Engineering DATE: February 6, 2007 INTRODUCTION The City Council is requested to hold a public hearing at 7:00 PM for the proposed intersection improvements for Project 06-37,16181 Avenue NW & Crane Street NW. DISCUSSION A feasibility report was previously prepared for this improvement and was submitted to the City Council at the January 2,2007 City Council meeting. Please bring your copy of the report to the meeting. Proposed improvements are identified and described in the report. The total estimated construction cost is $217,977.00 and the total estimated project cost (including a 20% contingency and indirect cost) is $272,911.22. The Anoka County Highway Department (ACHD) requires safety improvements on county roads that access new developments. The first phase of the White Pine Wilderness development has been platted and the street and utility work is complete. As part of the county permit, the developer was allowed to proceed with the street and utility project with the understanding that the county intersection project would be constructed in the spring/summer of 2007. The City Council agreed to pursue this project as a public improvement (City Council Workshop June 27, 2006) and assess the project costs to the White Pine Wilderness developments and the properties to the east of the first phase of the new development. The proposed assessments are based on a per unit cost ($3,638.82) and are as follow: Larry Emmerich, 15 units (White Pine Wilderness Plat) Larry Emmerich, 45 units (Outlot A of White Pine Wilderness Plat) Steve & Cheryl Olmscheid, 10 units (1487 - 16181 Avenue NW) Keith & Rhonda Rischer, 5 units (16157 Hanson Boulevard NW) $ 54,582.30 $163,746.90 $ 36,388.20 $ 18,194.10 Mayor and Council Members February 6,2007 Page 2 of2 Staff met with all three parties to discuss the feasibility report. Letters from the Olmscheid's and Rischer's were provided with the item on January 2nd are attached again for your information. Also attached are the following: . Resolution ordering improvement . Public Hearing Notice . Letters to property owners . Estimated assessment payment schedule BUDGET IMPACT The entire project cost will be assessed to the White Pine Wilderness developments and the properties to the east (1487 - 161s1 Avenue NW & 16157 Hanson Boulevard NW) of the White Pine Wilderness development. ACTION REQUIRED The City Council is requested to hold the public hearing and approve the resolution ordering the improvement of intersection improvements for Project 06-37, 161 sl Avenue NW & Crane Street NW. Respectfully submitted, (J~Q.~ David D. Berko~:- - d;!' Attachments: Resolution ordering improvemen( PUbliQIearing Notic~e~s to property owners regarding estimated as;7ssments, Resident Comments & an Estimated assessment payment schedule cc: Larry Emmerich, 1341 - 161st Ave. NW, Andover Steve & Cheryl Olmscheid, 1487 - 161 sl Avenue NW, Andover Keith & Rhonda Rischer, 16157 Hanson Boulevard NW, Andover CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. MOTION by Councilmember to adopt the following: A RESOLUTION ORDERING THE IMPROVEMENT OF INTERSECTION IMPROVEMENTS _FOR 161ST AVENUE NW & CRANE STREET NW, PROJECT NO. 06-37 AND DIRECTING PREPARATION OF FINAL PLANS AND SPECIFICATIONS. WHEREAS, Resolution No. 001-07 of the City Council adopted on the 2nd day of Januarv ,2007, fixed a date for a public hearing; and . WHEREAS, pursuant to the required published and mailed notice such hearing was held on the 6th day of Februarv , 2007; 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. 06-37 MOTION seconded by Councilmember and adopted by the City Council at a reqular meeting this 6th day of Februarv , 2007, with Councilmembers voting in favor of the resolution, and Councilmembers voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: Michael R. Gamache - Mayor Victoria Volk - City Clerk 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER. MINNESOTA 55304 . (763) 755-5100 FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA NOTICE OF HEARING ON IMPROVEMENTS PROJECT NO. 06-37 161st Avenue NW & Crane Street NW Intersection Improvements NOTICE IS HEREBY GIVEN that the City of Andover, Anoka County, Minnesota will meet at the Andover City Hall, 1685 Crosstown Boulevard NW in the City of Andover, at the regularly scheduled City Council meeting on Tuesday, February 6, 2007 at 7:00 PM to consider construction of the following improvements: Intersection Improvements The property to be assessed, pursuant to Minnesota Statutes Section 429, for the improvement is within the following described area: 161s1 Avenue NW & Crane Street NW The estimated cost of such improvement is $272,911.22. The estimated assessment rates are based on a per unit cost ($3,638.82) and are as follows: Larry Emmerich, 15 units (White Pine Wilderness Plat) Larry Emmerich, 45 units (Outlot A of White Pine Wilderness Plat) Steve & Cheryl Olmscheid, 10 units (1487 _161st Avenue NW) Keith & Rhonda Rischer, 5 units (16157 Hanson Boulevard NW) $ 54,582.30 $163,746;90 $ 36,388.20 $ 18,194.10 Such persons desiring to be heard with reference to the proposed improvements will be heard at this meeting. CITY OF ANDOVER .c1I~~ Publication Dates: January 26 & February 2,2007 (Anoka Union) H:\Engineering\City Projects\Open City Projecls\06-37 161stAve. & Crane SI\Word Documents\Correspondance\Public Hearing Notice.DOC CITY OF NDOVE 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (763) 755-5100 FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US January 19, 2007 Re: Proposed Improvement: 161st Avenue NW & Crane Street NW Intersection Improvements/Project 06-37 Dear Mr. Larry Emmerich: A feasibility report has been prepared to determine the estimated cost to improve the intersection of 16151 Avenue NW & Crane Street NW to serve new and future development north of the intersection. A public hearing has been scheduled for February 6, 2007. Please refer to the attached public hearing notice. Discussion: A project has been initiated to improve the intersection of the above referenced location. The construction would consist of adding a left and right turn lane to 16151 Avenue NW to serve the area to the north. Proposed improvements are identified on the feasibility report. Estimated Cost: The estimated project cost is $272,911.22. This cost would be assessed over an 8 year period at approximately 6% interest or the assessment may be paid in full with no interest within 30 days of the assessment hearing. The estimated assessment is as follows: 15 units (White Pine Wilderness Plat) 45 units (Outlot A of White Pine Wilderness Plat) $ 54,582.30 $163,746.90 AssessmentPeriodlCost: The annual assessment payment over 8 years for the $54,582.30 at 6% is approximately $8,790.00 per year or $586.00 per unit/per year. The annual assessment payment over 8 years for the $163,746.90 at 6% is approximately $26,370.00 per year or $586.00 per unit/per year. If you have any questions, feel free to contact me at (763)767-5133. Sincerely, David D. Berkowitz, P.E. City Engineer DDB:rja Ene!. cc: Mayor & City Council ~0. H:\Engineering\City Projects\Open City Projects\06-37 1615t Ave. & Crane St\Word Documents\Correspondance\Public Hearing Notice.DOC 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER. MINNESOTA 55304 . (763) 755-5100 FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US January 19, 2007 Re: Proposed Improvement: 161'1 Avenue NW & Crane Street NW Intersection Improvements/Project 06-37 Dear Mr. & Mrs. Olmscheid: A feasibility report has been prepared to determine the estimated cost to improve the intersection of 161st Avenue NW & Crane Street NW to serve new and future development north of the intersection. A public hearing has been scheduled for February 6, 2007. Please refer to the attached public hearing notice. Discussion: A project has been initiated to improve the intersection of the above referenced location. The construction would consist of adding a left and right turn lane to 161st Avenue NW to serve the area to the north. Proposed improvements are identified on the feasibility report. Estimated Cost: The estimated project cost is $272,911.22. This cost would be assessed over an 8 year period at approximately 6% interest or the assessment may be paid in full with no interest within 30 days of the assessment hearing. The estimated assessment is as follows: Steve & Cheryl Olmscheid, 10 units (1487 - 161st Avenue NW) $ 36,388.20 AssessmentPeriodlCost The annual assessment payment over 8 years at 6% for $36,388.20 is approximately $5,860.00 per year. If you have any questions, feel free to contact me at (763)767-5133. Sincerely, Q~9. ~_p'--..7'- David D. Berko~~~ City Engineer DDB:rja Enc!. cc: Mayor & City Council H:IEngineering\City ProjectslOpen City ProjectsI06-37161stAve. & Crane St\Word DocumentslCorrespondance\Public Hearing Notice.DOC CITY OF NDOVE 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER. MINNESOTA 55304. (763) 755-5100 FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US January 19, 2007 Re: Proposed Improvement: 161st Avenue NW & Crane Street NW Intersection Improvements/Project 06-37 Dear Mr. & Mrs. Rischer: A feasibility report has been prepared to determine the estimated cost to improve the intersection of 161'1 Avenue NW & Crane Street NW to serve new and future development north of the intersection. A public hearing has been scheduled for February 6, 2007. Please refer to the attached public hearing notice. Discussion: A project has been initiated to improve the intersection of the above referenced location. The construction would consist of adding a left and right turn lane to 161st Avenue NW to serve the area to the north. Proposed improvements are identified on the feasibility report. Estimated Cost: The estimated project cost is $272,911.22. This cost would be assessed over an 8 year period at approximately 6% interest or the assessment may be paid in full with no interest within 30 days of the assessment hearing. The estimated assessment is as follows: Keith & Rhonda Rischer, 5 units (16157 Hanson Boulevard NW) $ 18,194.10 Assessment Period/Cost The annual assessment payment over 8 years at 6% for $18,194.10 is approximately $2,930.00 per year. If you have any questions, feel free to contact me at (763)767-5133. Sincerely, Q~ Q.~J.. David D. BerkoWi: ~:;- ;;;: City Engineer DDB:rja Ene!. cc: Mayor & City Council H:\EngineeringICity ProjectslOpen City Projectsl06-37 161s1 Ave. & Crane St\Word DocumentslCorrespondancelPublic Hearing Notice.DOC December 27, 2006 To the honorable Mayor of Andover and City Council: Regarding the Feasibility Report: 16151 Avenue & Crane Street Intersection Improvements-City Project #06-37 As the homeowner of 16157 Hanson Blvd. NW, one of the properties named in this feasibility report, I am writing this letter to communicate my concerns about the proposed assessments contained in this feasibility report. My biggest concern about taking responsibility for the proposed assessment of $3638.82 per lot or a total assessment of $18,194.10 is that I may never choose or be able to develop our property as indicated on the preliminary ghost plat that this assessment is based upon. As you can see on the map of the other properties involved in this proposed development, our .. property is the furthest west and buffered by the property owned by Steve Olmscheid at 1487 16151 Avenue. The significance of our location is that we are completely dependant on what this property owner does before we could have the option to develop even if we wanted to. He has indicated that he may not choose to develop in the future and keep his property intact. If this scenario were to play out we would be assessed for something that would never benefit us. Because of the limitations of our home location and power line easement on Hanson Blvd. we have the option of developing only four additional lots for a 6.22 acre parcel. Because of the significant costs that go into developing raw land, we are unable to spread these costs over a large amount of parcels. For a property of our size and the small number of lots we would be able to develop, this makes aggressive pursuit of development in the future unlikely. We have been interested in the past to split off a 2 Y:z acre parcel, but because we are in the MUSA boundary this has not been possible. Larry Emmerich is the property owner that has been aggressively pursuing development of his property which contains the vast majority of lots that can be developed. He is the owner who has taken responsibility to initiate the needed improvements to be able to develop. He has indicated in the past a willingness to assume responsibility for the cost of any public improvements. He has 60 lots that he is able to develop and has already begun to do so. The other 15 lots that are represented December 27, 2006 by our property and 1487 161s1 Avenue represent only 20% of the total for this proposed development and may never be developed in the future. We have not sought out the option of developing our property, but because of our proximity to Emmerich's property and being within the MUSA, we have kept this option open. We have made significant remodeling improvements to our home and polebarn in the last two years and have made our acreage a motocross track for our son. Development would cause clear cutting of the majority of our beautiful oak forest. Therefore, development is an unattractive option and we have no plans at this time to develop our property. Because of the uncertainty and unlikelihood that we would choose to develop our property, I am strongly opposed to sharing any responsibility for the assessment of this improvement. If by the slight chance development was feasible and possible in the future, I am not opposed to paying directly to Larry Emmerich our share per lot of this improvement IF that time may come. But to be assessed this amount when there are so many variables that will impact our ability and desire to develop is extremely premature and should not be assumed. It was this assumption by the city council that we would be able or want to aggressively pursue development that led to the passing of this motion that would assess the proportionate cost of this improvement to myself and Steve Olmscheid. Because Larry Emmerich is the property owner who wants to aggressively develop his property and the other lots on the ghost plats may never be developed, it is only proper, prudent, and appropriate that he take full responsibility for this improvement at this time. To assess a homeowner who may never choose or be able to benefit from this improvement is irresponsible and should never even be considered. Respectfully Submitted, Rhonda Rischer flk~ ~4J December 26, 2006 To: City of Andover Mayor and Council Members Re: Intersection Improvements at 161 st Ave & Crane Street Project #06-37 From: Steve and Cheryl Olmscheid Homeowners at 1487 _161s1 Ave NW; Andover On December 11, 2006, at the request of David Berkowitz, Andover City Engineer, we met with and were informed by him of pending improvements to the above named intersection with a possible assessment to us in excess of $36,000.00. We were quite surprised by this as we have not collaborated with the developer on his project and therefore do not feel responsible for decisions he made and agreed upon to further his project along. We strongly disagree with the developers attempt to pass these costs on to us as an individual homeowner, since his corporation is the only one benefiting from this development. We are not developing our small parcel at this time and do not know if it is even feasible for us to do so at a future date. The City Council approved the Developers Preliminary Plat with the conditions that "the developer shall be responsible for improvements to the intersection of 161 st Avenue NW and proposed Crane Street NW as required by the Anoka County Highway Department and the Andover Engineering Department" We are not interested in and have not looked at the costs for developing our land such as tree removal, fill, location of our house, perc tests, etc. Our land is quite low and would need a substantial amount offill to be the same grade as the development. We do not even know ifit is a fact that we could support 10 lots as the ghost plat indicates. We are not a corporation and cannot afford to be taxed $36,000.00 for something we may not be involved in. It was the Developers decision to proceed ahead now and he agreed with all necessary improvements required by the City and County. Because we decided not to proceed at this time, the Developer had the freedom to design the development to his full advantage and therefore accepted responsibility of the costs involved. You are proceeding ahead making a variety of assumptions which are not true. You are assummg: 1. That we plan to develop our property and 2. That the ghost plat indicating 10 lots for our property is correct First and foremost, we have no plans underway for development of our property. Secondly, we have not gathered any information as required by city standards, such as soil borings or wetland delineations to determine what the soil conditions would allow for buildable lots. 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Berkowitz, City Engineer 'bb TO: From: Kameron Kytonen, Natural Resources Technician Subject: NPDES (National Pollutant Discharge Elimination System) Presentation & Public Meeting/07-1 - Engineering February 6,2007 Date: INTRODUCTION The City of Andover is required to comply with the latest NPDES regulations set forth by the Minnesota Pollution Control Agency (MPCA). One requirement as part of this process is to hold a public meeting to receive feedback on the program. DISCUSSION To satisfy the MPCA requirements, City staff created and submitted a Storm Water Pollution Prevention Program (SWPPP) in May of 2003. That has since been revised several times, most . recently in October of 2006. It is composed of Best Management Practices (BMP's), which are actions taken to improve the quality of storm water runoff. Staffwill give a brief presentation summarizing the City's program and touch on the following items: . A summary of some of the significant BMP's in the City's SWPPP; and Update on the latest with respect to the non-degradation requirement of the program. . Following the presentation, we ask the Mayor to open this up for a public meeting. Residents of the City will have an opportunity to make written and/or oral comments on the City's efforts thus far. They may comment on the components of the SWPPP as well. ACTION REQUESTED The City Council is requested to hold a public meeting to review the City's status of compliance with the program and make recommendations as needed. h- ffiIDnri ~ Kameron Kytonen Natural Resources Technician ITY OF DOVE @ 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (763) 755-5100 FAX (763) 755-8923 . WWW. NDOVER.MN.US TO: CC: Mayor and Councilmembers Jim Dickinson, City Administrator Will Neumeister, Community Development Director t.(/~ Courtney Bednarz, City Planne. FROM: SUBJECT: Consider Waiver of Park Dedication FeelLot Split/16425 Hanson Blvd. - Planning DATE: February 6, 2007 INTRODUCTION The attached letter requests that park dedication and trail fees be waived for a proposed metes and bounds lot split. DISCUSSION City Code 11-3-7G. allows the city to require park dedication fees to be paid when new lots are created as a part of a metes and bounds lot split just as would be required of a typical lot split or plat. In this case one new lotis being created and that lot would be subject to payment of one park dedication fee and one trail fee ($2515 and $612 respectively). City Code 11-3-7 C.l.B. has a provision that would allow payment at a future date if such an agreement is approved by the City Council and identified in a development contract. In this case, the property owner is asking for the fees to be waived and that park dedication and trail fees apply only to future subdivision of the property. Additional Information The attached drawing shows the proposed lot split. It should be noted that the Anoka County Highway Department has indicated that a driveway access to Hanson Boulevard (CSAH 78) would be allowed with conditions that would be provided through their access permit. The property is outside of the Municipal Urban Service Area (MUSA). Staff Recommendation Staff recommends that the fees be required as provided by the City Code. In the event that the Council decides to waive the fees, the record should reflect the findings for this decision. ACTION REOUESTED The Council is asked to determine whether the park dedication and trail fees should be waived for the proposed metes and bounds lot split. January 17,2007 Andover City Council 1685 Crosstown Blvd NW Andover, MN 55034 Re: Park Dedication and Trail Fee Requirements Honorable Mayor and Council Members: I am in the process of preparing information for a metes and bounds lot split of my property located at 16425 Hanson Boulevard NW. The sale of a portion of the property has become necessary due to unforeseen family circumstances. The cost of preparing the required information was beyond what I anticipated and the park dedication and trail fees are an additional expense that I simply cannot afford. I respectfully request that the Council consider waiving the park dedication and trail fee for the lot that I propose to create and sell at this time. I understand that further subdivision of the property in the future will be subject to park dedication and trail fees at that time. Respectfully, __f{~___{)~ Kay ;":~;2 -2..- S1\NDbVE~ Incorporated 1974 ...... 1781 16682 16632 16576 16526 16474 16422 ....... 1.0 co ...... 11III PROPOSED LOT .......... MUSA BOUNDARY .................................. Proposed Lot Split co 1.0 ...... 16563 SUI5Jror- - Pr<tJfef=rV o :::i I:ll Z o (j) z <( I 16541 16425 l(l ... co '" '" ;g 16425 16289 16231 . . . . . . . . . I .. . . . .. . . . . . . . . . . . .... '" 10 .... <Xl ... ...., . . . . . . . . ~ N Location Map -3- I I ~~ I ~ I I '-."--' ;'j i , C~i I i-J "";:,-J..J! r-- 61 l~i C) CJ c;:; '" ...". 1t3 Q ~,~ <X:. - .-- ~ U,," lLU c: / /0:: >- / l- <- I I ul -1 I ...- .// -1 , -, ./ I /...~ i ~ / /" //~ ~ ./ ~ g / fa Q. / ~!Q..--""'" a:s " ".<: &i'~' 0] (5~ 22- E~ ~~ g~ 1S~ ii "1;).:] 55/' ~-f Q).~ 0" [e ~!' ,~" ,,' t-l~ , ,.2 -:~ ~g /~' ~u 0"" ....... '15(5 %~ ~~ ~. %'" "'\t"'" ........j .~..M ..----.......... / / .....~M._ ". / ,..M_ ..... ~\ ,-' \ ... , I \ -- l "'..._.. 9O-SO-ca 00 mLVOOl . I cml.:l SV JN~ , I --1 - t./--- *8 5. That facilities proposed for the open space are in substantial accordance with the provisions of the recreational element of the Comprehensive Plan, and are approved by the City Council; and 6. That where such credit is granted, the amount of credit shall not exceed one hundred percent (100%) for the development of the amount calculated under Subsection F of this section. F. Minimum Area Of Dedicated Land: Developers of land within the city of Andover shall be required to dedicate to the city for park, open space and playground purposes as a minimum that percentage of gross land area as set out below: Reauirement Residential 1 0 percent Com mercial-I nd ustrial 10 percent Metes And Bounds Lot Splits: The Park and Recreation Commission may recommend cash payment in lieu of park land on metes and bounds lot splits less than twenty (20) acres in size. The payment amount shall be determined through the same process outlined in Subsection C of this section. . H. Administrative Procedures: The Park and Recreation Commission shall establish such administrative procedures as they may deem necessary and required to implement the provisions of this title. (Ord. 10HH, 5-6-2003) -s-- classifications and concepts and changes in planning and development concepts that relate to the development and usages to which the land may be put. 3. Park And Recreation Commission Recommendation: The Park and Recreation Commission shall, in each case, recommend to the City Council the total area and location of such land that the Commission feels should be so conveyed or dedicated within the development for park, playground, open space and public use purposes. C. Cash Contribution In Lieu Of Lands: 1. Amount Determined: a. In those instances where a cash contribution is to be made by the owners or developers in lieu of a conveyance or dedication of land for park, playground, open space or public use purposes, the Park and Recreation Commission shall recommend to the City Council the amount of cash said Commission feels should be so contributed. Such recommendation shall be based on the market value of the undeveloped land that would otherwise have been conveyed or dedicated. b. In lieu of land dedication, the City may require from the developer or owner a cash contribution which is based on a fee per lot/unit basis for the development of residentially zoned property. In the case of the development of commercial/industrial zoned property, the City may require a cash contribution from the developer or owner which is based on ten percent (10%) of the market value of the land. These fees 1 are established and adopted by the City Council and are effective for any plat that has not received preliminary plat approval after the date of publication of this title. The fees would also apply to plats that have received preliminary plat approval, but have not received final plat approval by the City Council within twelve (12) months of the publication date of this title. If an extension is requested of the preliminary plat beyond the twelve (12) months, the fee that is in effect at the time of the extension is the fee that is to be contributed. Park cash contributions are to be he' ri ecordin final lat at the count The City Council may require the payment at a later time under terms agreed upon in the development agreement. Delayed payment may include interest at a rate set by the city. c. If the applicant or developer does not believe that the estimates 1 See subsection 1-7-3G of this code. _.,;- contained in the city fee schedule (pursuant to this park dedication analysis) fairly and accurately represent the effect of the subdivision on the park or trail system of the city, the applicant or developer may request that the city prepare an in-depth study of the effect of the subdivision on the park and trail system and an estimate of that effect in money and/or land. All costs of said study shall be borne by the developer or applicant. If the developer or applicant requests the preparation of such a study, no application for development submitted shall be deemed complete until the study has been completed and a determination is maqe as to the appropriate amount of land or money necessary to offset the effects of the subdivision. d. If a combination of cash and land dedication is required, the cash contribution to the city would be determined as follows for residential zoned property: Step 1 : Total acreage of plat multiplied by ten percent (10%) (minimum required land dedication) yields the required land to be dedicated. Step 2: Actual acres of park to be dedicated divided by the required land to be dedicated yields the percent of land that must be dedicated. Step 3: "Total park dedication fee" will be determined by establishing the ultimate number of residential lots being dedicated (if no park land was dedicated) multiplied by the park dedication fee per unit. Step 4: Divide the "total park dedication fee" by the required land to be dedicated. This yields the "fee per acre". Step 5: Multiply the "fee per acre" by the acres of park to be dedicated. This yields the dollar value of credit for land being dedicated. Step 6: "Total fee" minus the dollar value of credit for land being dedicated yields the dollar amount and/or balance due in park dedication fee. 2. Market Value Of Lands: "Market value", for the purposes of calculating the commercial/industrial park dedication fee as required by this title shall be determined as of the time of the final plat approval without improvements in accordance with the following: -7- (] 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (763) 755-5100 FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US TO: Mayor and Councilmembers CC: Jim Dickinson, City Administrator Will Neumeister, Community Develop FROM: Courtney Bednarz, City PlanneW SUBJECT: Consider Comprehensive Plan Amendment/MUSA Boundary AdjustmentlAnoka County Law Enforcement Center - Planning DATE: February 6, 2007 INTRODUCTION Anoka County is requesting a Comprehensive Plan Amendment to extend the Municipal Urban Service Area (MUSA) boundary to include the subject property. This extension would allow the site to be developed with municipal sewer and water. DISCUSSION Anoka County intends to construct a Public Safety Campus on the subject property. This project would be an expansion of the existing patrol station located to the north ofthe site and would also include space for a number of the facilities that are presently located in downtown Anoka. A representative from Anoka County will be present at the meeting to provide additional information on this project. . Conformance with local and Regional Plans The present land use designation of the subject property is Public (P). The present zoning of the property is Single Family Rural Residential (R-l). Public buildings are a permitted use iJ;l this zoning district. Additional Information The city's role in this application is to determine whether or not the MUSA boundary should be extended to serve the subject property. As the proposed use ofthe site is permitted, this determination should be based on the following criteria: 1. Does sufficient municipal sewer and water capacity to serve the projected needs of the site exist? 2. If approved, will there be adverse effects on the capacity to serve other planned land uses with municipal sewer and water service? Water service will be provided by the City of Andover. The water system in this area of the city has been evaluated. The water system can provide sufficient capacity and pressure to accommodate the service needs of the site provided the system is looped and connected to the existing water system at two points. Sewer service will be provided by the City of Coon Rapids. The City of Coon Rapids has indicated that sufficient sewer capacity exists to serve the site. A Joint Powers Agreement (JP A) between Andover and Coon Rapids identifies the area of Andover where sanitary sewer is serviced through Coon Rapids. This JP A will need to be modified to provide the details on procedures, billing and maintenance for the proposed project. Additionally, sufficient capacity will be available to serve existing and planned land uses with municipal water and sewer service within this area of Andover in the future. Planning Commission Recommendation The Planning Commission unanimously recommended approval ofthe proposed Comprehensive Plan Amendment. If approved, this amendment adjusting the MUSA boundary will be forwarded to the Metropolitan Council for their review and approval. Attachments Resolution Location Map Proposed MUSA Boundary Extension ACTION REQUESTED The Council is asked to approve the proposed Comprehensive Plan Amendment. Cc: Tom Norton Anoka County Government Center 2100 3'd Avenue Anoka, MN 55303 Tom Dunwell Buetow & Associates Inc. 2345 Rice Street Suite 210 St. Paul, MN 55113 Bruce Andersohn Anoka County Sheriffs Office 325 East Main Street Anoka, MN 55303 -2-- CITY OF ANDOVER COUNTYOFANOKA STATE OF MINNESOTA RES. NO. R A RESOLUTION AMENDING THE COMPREHENSIVE LAND USE PLAN OF THE CITY OF ANDOVER TO EXPAND THE METROPOLITAN URBAN SERVICE BOUNDARY TO INCLUDE PROPERTY LOCATED IN THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 35, TOWNSHIP 32 RANGE 24, ANOKA COUNTY, MINNESOTA LEGALLY DESCRIBED AS FOLLOWS: The Southwest Quarter of the Southwest Quarter of Section 35, Township 32, Range 24, Anoka County, Minnesotaj EXCEPT Parcel 36 ANOKA COUNTY HIGHWAY RIGHT-OF-WAY PLAT NO. 68, Anoka County, Minnesotai AND EXCEPT that part of said Southwest Quarter of the Southwest Quarter of Section 35 described as follows: Beginning at the southeast corner of said Southwest Quarter of the Southwest Quarter; thence North 88 degrees 57 minutes 11 seconds West, bearing assumed, along the south line of said Southwest Quarter ofthe Southwest Quarter, 206.94 feet; thence North 01 degrees 02 minutes 49 seconds East 70.00 feet; thence North 88 degrees 57 minutes 11 seconds West 133.53 feet; thence North 00 degrees 40 minutes 01 seconds East 543.01 feet; thence North 51 degrees 38 minutes 21 seconds West 173.53 feet; thence North 00 degrees 40 minutes 01 seconds East 296.82 feet; thence South 88 degrees 57 minutes 11 seconds East 477.32 feet to the east line of said Southwest Quarter of the Southwest Quarter; thence South 00 degrees 40 minutes 01 seconds West, along said east line, 1015.02 feet to the point of beginning. WHEREAS, Anoka County has petitioned the City of Andover to extend municipal sewer and water to the subject property, and; WHEREAS, The 2020 Metropolitan Urban Service Boundary (MUSA) does not include the subject property, and; WHEREAS, analysis of the City's sanitary sewer and water trunk system has determined that sufficient capacity exists to serve the subject property, 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 amendment as requested, and; WHEREAS, The Council finds the proposed use will not be detrimental to the health, safety, morals and general welfare of the occupants of the surrounding land, and; -5- 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 adopts the following amendment to the Comprehensive Plan, subject to review by the Metropolitan Council: 1) Extend the 2020 Metropolitan Urban Service Boundary (MUSA) to include the subject property described in this resolution. Adopted by the City Council of the City of Andover on this _ day of ,2007. CITY OF ANDOVER ATTEST: Michael R.Gamache, Mayor Victoria V olk, City Clerk -i- r--, ..-- ~ ~ 11714 13650 1786 I-- 0 0 I'- 13624 1350 ~ 13625 0 ~ C') l() ~ ~NDbVE~ Incorporated 1974 ---- 13 14011 'T! ~1f----~ ; 1395 -::l (r-, ~ 1394n [:--' ]t;. I:~. 1393 -L." "I- b!li __ ~::q--...~~ .. "-"" --h..- ------ I - ~ ~ ~ ~ ~ \ I- (f) '< --, ~ ~ w 1850 r 13783 1775 F J~R LAKE~ ) J C. ~ ?; I;; <( :;; 2000 f'~ I I:;lImJ ~D ~~ I l533 I r 13535r ~ I!I B;;j 'I I 13530 00IiiliNKWY mmmmm ~ml'3496'~3491o~~~1 . / I, li ~~~~~lJI~~ II '.... ~ ~ I " ~ " 1 1 I L::::"." t/I :g ~ ~~ 134 13475 134m 13471 ~ ~ l'l ~ w 1347 134 I b'3 1346~t 1345 ~ 1l ill i>, 134613464.", ~ ~ ~ ~ !\ \i~ =~ 13443 '" ~ ~ " l!1 ~I~I~ 8TS! ~!! !!I~ hi4ii\", ~ I~ \ %'rJ~342 1 1 ~I~ \!! \!! \!!~ ~~~~~ m ,r~l~ t'3411'34 ~ n34~ ~ ,-i.~I~I~ISl ii!1~ ~ !I~I ~ 11'."11134 339~~ 1 13350 ..,.... .-.......... r.:; 3317 13389-~ ~"'" 1338~ ~ 1 13369 "" ~;I~I~I~I!! il~~ ~ ~j/-,..Oj1334~'T11334 13349 33 I .00_ ~ 13315 ,3,.,f,,,;;"'\'113siOf ~33311 ~339 333 3361 ~~ m~l" IQ 1,,,,---- 133 33~ ~ 133211331 13309 ~ ~I ft-' ..........~ 1331 331 133RD AVE wum Location Map LakWestPark 400e~"'o~~a~~i1" ~~~Io:o~:if!!f~ J ~1, 14002 Wi442 rc,'r.p1lf~5f;' ~ g ~"'''o '", ~ l '... 2! fl w" L.. , .>-..~" _ _ "~' , ~ lioi #'" "',& !!J ~i2~ ~ ~ ,.~~, /.!J~ .' .0'. · ... ~ It ~ ~~ 13~ ~ h- ~ . ',~ ",' $I ~ ::! ~ 1394 13935 Redwood P.,k "-< ~ ,<lJ' 0 ,~ ~ 13934 .-:= ~ 1?/ '<f>O >.>>... ~ ~ l;; .,,1 ~ 13919 139" "6 '''....' , , - - '" .- )! 3:9111 g .;; -.~fWY388; ~., :g gj ~$ ;/ . ~ .. - ~"""", 'e fj fI 1;"s4~!il13 c"!'i I ~ fJ' ",.~ - ~ ~';i/138" ,~ 13' '''' f!l ~ m ~ ~ ~h38381 ~ ~ ~/~~/~/~g~}1 ~~6',r ~~ 4 ~ ~~~~~ ~_~ ;;.",\'~ ~ 13'" ~ f .?7i3W ~ Iii ~~ i; ~ ~I~I~ ~r~&~_ ~ ~ "'8 fiE! #~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ;.:..~ ~ 131 P- 1\~ 3" i ~'$~I.. 7;);; 13790/ ifJ8Ja Y g (,";;,r;p"B, 13" ,I~ ~ 'I ~~~ ~ 't >-: ~~frffi317~~3"'C'3111311 131 ~ 'T ~r,- ,,~~ ~ ~1"~13761f![ ~ ~~\~I;1 ~ ~ ~~~~o ~~:: ~ 1485 ~~~ ~i!i~!i~ !!1:_ ~ 1426/~ ......... __ I BUNKER LAKE BLVD o 3 to Z o (f) z <( I m ~ ~ o I'- ~ ~ City of Coon Rapids . -s-- ~ N Location Map SUBJECT PROPERTY S'\NDbVE~ Incorporated 1974 d MUSA Boundary Propose - \ Cl I"" ~ I ::; III ..., l;; z ~ 0 en z f <( 13783 :c 1775 F --- ~ 1'7'4 I 13650 1786 ~ ~ 0 13625 13624 A ... ~ ~4S. 1116 ":?f'~?'1$J 8 Yjl/~ ill Ql; ~ ~,'3838 III ~ ~,i!l18 :$ !:II:'! {f~l\ :;\-e, ""8 ~iiI /;!..L;! ~ ~ ~ ~'i382€ ~ ~,~ ::i ::i ::i/::!,6'" A '0- 1 ~~2 ... i.lg/Y:~Ii:ll ~::i [ll~" ;; ~Irel~~ ~/i!J~'"(\3'''~ ~ ~ 11"'81 " .;;:. :t/~ ~ ~ ~ ~ _ ~ ~ ~ ~ _ ~ ~_'C....- '" '" ~ ~ . ~ ~-\\31 ~ ~,,~ 1. " ~"'~ 'o/f;,'" f~1379<J} r;;;, ~Ifl~;; 1378 137st 1378-;Jl;.'~nill;;;: \'! !l '-' ~ ~ lb ~ r>j ~"'> ~ f.:::::: "'1"1'- ~ "'i.,13m.::c: ~ ~ ~ ~ -'t !l ~ :t 1377 113779... ~ m ~ 1377 1377 137"7l~ 131, 0 ~ ~ is ~'" _'1 f'fi:Jj ;! l;j ~ 13780 ~761~~"'J~J ~ ~ \:\.l..-o. ~ ~ ~ It;! ~ ~ ~ ~ _ , ;::-.. ... ... _ .. ~''l' :! ~ - -A v" ~...~ ,~ ...... o ~'~I~\~'\~~ ~13....... 1485 ;! <D ~ I~ ~ ~ ~ a;:1tol ~~~.....~ 1426 :; ~ 'c4 .L- .... ___ I r I~ ...... BUNKER ~C]:l"n71 ; . . . . = . ....... o ("t) L() .,..... 1350 o "- .,..... .,..... :! Existing MUSA I Boundary ;s:: T I L 1,~ ~VT~~~ P'4S0iI ~ 134913480) ~~ 1::::"",., ~ 1~ 13'172 h3475 13474\ ~ l;j 79 7 1347 I-- 113483 l~t 1345 i! ~ ( ~1~ ~ :;JC~ ~... ' 134 1345 =imrfi3443F34~a 13431 ~ 134'~ 344 ~ ~ '~342~O 1m 1341 1342 ;;9"- 134Q./S340 ,... 13401 ~337~ 1 13350 tv. ~ ~ A13~ ~ ,"'6 ~ ~\ ~I'TI 334 P r::- 1334 13343 T ~3331 ia 5 13315 1334#13323 133' ~ 1333 1333 en r-;: I ~ 1331 133211331 13309 le ~ I g.... ~ ...... ... fiID 00 ~~ ~O .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . Proposed MUSA Boundary .... o "- .,..... .,..... l/ ....- - City of Coon Rapids . SUBJECT PROPERTY -6- ~ N Location Map @ 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (763) 755-5100 FAX (763) 755-8923 . W W.CI.ANDOVER.MN.US TO: Mayor and Councilmembers CC: Jim Dickinson, City Administrator Will Neumeister, Community Developme Andy Cross, Associate Planner A1X- FROM: SUBJECT: Consider City Code AmendmentlDeleting Code Section 12-12-6A.5 (continued) - Planning DATE: February 6, 2007 INTRODUCTION This section of Code has been brought back with criteria added at the Council's request. Conditional Use Permits have three standard criteria (see attached Code) that have been incorporated into the new section. Two additional criteria add site-specific review, including a restriction on applications in Residential zoning districts. This restriction was added as an option ifthe Council decides it would like to limit the Conditional Use flexibility to commercial and industrial zoning districts. DISCUSSION The following potential revision is presented for the City Council's review: "12-14-6-A-5: Certain Uses: The City Council may consider granting a CUP for a use not currently permitted in a Commercial or Industrial district ifthe Council finds by majority vote that the proposed use meets the following criteria: I) The proposed use shall not have a detrimental effect on the health, safety, morals and general welfare of occupants of surrounding lands. 2) The proposed use shall not have a detrimental effect on traffic conditions. The City Engineer may require a Traffic Impact Study to verify that the proposed use meets this criterion. 3) The proposed use shall not be in conflict with the Comprehensive Plan. 4) The proposed use shall not have a detrimental effect on property values or scenic views in the surrounding area. 5) The proposed use shall not be located in a residential zoning district. 6) The proposed site shall have characteristics that make it comparable to sites in zoning districts where the proposed use is permitted." These criteria shall be used to review only those uses that appear in the Permitted, Conditional, and Prohibited Uses Table. Plannint! Commission Recommendation The Planning Commission agreed that Section 12-14-6-A-5 should only apply to those uses listed in the existing code. The final line of the revision above reflects that. They also agreed that the Permitted Uses Table is in need of revision. The Planning Commission will review the table and bring it back at a future Planning Commission Workshop to discuss changes. This item has been reviewed and approved by the City Attorney. ACTION REOUESTED The City Council is asked to discuss the proposed Code amendment. A resolution and public hearing will be required at a future meeting if the Council recommends adoption of this change to the City Code. Respectfully submitted, ?1!l~ Attachments Permitted Uses Table Title 12-14 "Conditional Uses" Planning Commission Minutes (1/09/07) -2-- N ...... ... <l,) ...... 0- m ,,<::00 U~ r:LJ >;;J ~ "'" Eo< >-< ~ >-< =: o ~ ~ ~ ~ o >-< Eo< ~ o u ~ "'" Eo< Eo< ~ "'" ~ '" '" 1:l '(ii '" I. ::l ... '" III ~ 1:l ::: "d a> .~ 0 u .e bIJ III ::: ea 0 's. ] ~ ... 0. 1:l ... 0 ...... a> '" ~ ..<:: 0 ::l <Zl "d U I ::: I ~ ...... I~ I r:Ii .... '" '" 1:l 1 ::: '(ii 0 '" ::l '" .~ '" III ... '" v a> 1:l "d ~ 1:l ~ ... '(ii 0 '(ii u Cl ~ ::l .e u ::l III bIJ III a> 1'! "d 0 ::: 1'! ]. 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Q) "0 3: ~"'C 3: "'C ~ c).!:..c 'E- III .Q2..ctncQ) CQ) cEO)..c :!: 00..2 co C 2 m C ~ 2 ~ L... C co ~ ""...... ~ Q) co> ~.c CtI ~.c '> ~:::J .E ~ L... O~~-i::O~.2:oooa.ocm~ ~ '- () 0 Q)a.:5 Q)Cl.:5 ~lCl. m..:: 8.3 <( en ~ - N M ..;- ""' -gr..;- ai '" ~ .!!l o III Q) ~ u ctl @: o ~ .!!l 2 '00 0) :5 -:-_g ..; III , ~ ~ c.. '" <( Q) ;; "0 Q) "0 .;;; o ~ 0. " "d o u .0 .5 U o '" '" " " r/) "0 Q) 1:) " ~ u; <:: o u .!!l III Q) III " "0 ~ Q) ..c u ..c: '" 0 0. ~ ~ 0. o "0 o <:: I;: ctl d o '0;; .;;: o ~ .0, '" -m m ::@ ~ 5 E _ ~ 0 o ~ <.t:: <:: o u ID ~ i5. E " x " " ~ '" '0 o o N "" ~ E Q; 0. ~ .E 00 Q) "" o u .!!l ;; ~ 0, <( " o " - <.J o " ~ B N '" cJ, .~ .S '" " .2 OJ ~ " 0, o \Or---: 000\ uses and neighborhoods. . xecution: Execution of a zoning contract recorded with the property sha e compulsory for all rezonings to multiple-family, commercial, and/or ustrial districts, including the following: (Amended Ord. 8, 10-21- 1970) M-1 multiple dw ing medium density district M-2 multiple dwelll district LB limited business rict NB neighborhood busin s district GB general business distn SC shopping center district I industrial district (Amended Ord. 8, 10-21-1970; am 3. Standards: The following standards s II be included in the zoning contract a. Agreement to layout, develop and m . tain the subject property as presented in the accompanying prelimi ry plat or site plan. b. Provision to allow the City Council to comme e rezoning of the property to the previous zoning district if the preli 'nary plat or site plan is not adhered to. Said zoning change shall no e contested by the property owner or signer of the zoning contract. c. Additional standards may be included to protect the hea , safety, and general welfare of surrounding land uses. 4. Modifications: Any modification or revision to the zoning contract or attached plans shall be prohibited without majority consent of the City Council. Any substantial modification as determined by the City Council shall be subject to a public hearing and notification of adjacent property owners pursuant to the public hearing requirements of this title. (Amended Ord. 8, 10-21-1970) 12-14-6: CONDITIONAL USES: A. General Provisions: 1. Conditional Use Permits may be granted or denied in any district by action of the City Council. 2. The Community Development Director shall maintain a record of all Conditional Use Permits issued including information on the use, -r- ~ locations, conditions imposed by the City Council, time limits, review dates, and such other information as may be appropriate. A copy of the Conditional Use Permit shall also be filed with the Building Official. (Amended Ord. 8, 10-21-1970; amd. 2003 Code) 3. Any change involving structural alteration, enlargement, intensification of use, or similar change not specifically permitted by the Conditional Use Permit shall require an amended Conditional Use Permit, and all procedures shall apply as if a new permit were being issued. 4. All uses existing at the time of adoption of this title (October 21, 1970) shall be considered as having a Conditional Use Permit which contains conditions which permit any land use and structures as they existed on said date, and any enlargements, structural alterations, or intensification of use shall be required to amend their Conditional Use Permit through the process provided in this section. (Amended Ord. 314 10-4-2005) 5. Certain uses, while generally not suitable in a particular zoning district, may, under some circumstances, be suitable. When such circumstances exist, a Conditional Use Permit may be granted. Conditions may be applied to issuance of the permit, and a periodic review of the permit may be required. The permit shall be granted for that particular use and not for a particular person or firm. The cancellation of a Conditional Use Permit shall be considered administratively equivalent to a rezoning, and the same requirements and procedures shall apply. B. Criteria For Granting Conditional Use Permits: 1. In granting a Conditional Use Permit, the City Council shall consider the advice and recommendation of the Planning and Zoning Commission and: a. The effect of the proposed use upon the health, safety, morals and general welfare of occupants of surrounding lands. b. Existing and anticipated traffic conditions, including parking facilities on adjacent streets and land. c. The effect on values of property and scenic views in the surrounding area, and the effect of the proposed use on the Comprehensive Plan. 2. If it shall determine by resolution that the proposed use will not be detrimental to the health, safety, morals, or general welfare of the community, nor will cause serious traffic congestion or hazards, nor will seriously depreciate surrounding property values, and that said use is in harmony with the general purpose and intent of this title and the -/6- Comprehensive Plan, the City Council may grant such permits. (Amended Ord. 8, 10-21-1970) C. Procedure: 1. Request For Conditional Use; Fee: The person applying for a Conditional Use Permit shall fill out and submit to the Community Development Director a request for Conditional Use Permit form together with a fee as set forth by ordinance. An additional fee as set forth by ordinance may be required for each meeting in excess of two (2), which is necessary because of incomplete information or changes in the petition. The Community Development Director shall refer the application to the Planning and Zoning Commission. (Amended Ord. 8,10-21-1970; amd. 2003 Code) 2. A public hearing shall be -- (1- Regular Andover Planning and Zoning Commission Meeting Minutes - January 9, 2007 Page 4 mmissioner Holthus stated she thought about having the criteria based on how many residen re notified but maybe it is in a certain area that even ifthey notified twenty- five residents, re' t number twenty-five maybe affected very little, if at all from the issue that is at hand so s ought that would not be very effective either. She thought there needed to be some kind 0 romise. Chairperson Daninger stated he was willing to suggest a greater distance in t ea. Chairperson Daninger stated he would like to go on the re that he would like to leave this the same but when there are only a few letters, staff needs to and this could be at their discretion. Commissioner Daninger stated he was fine with leaving it and residents needed to become more aware of what is around them. ':> b. Consider Amendment to City Code 12-14-16A.5 Discretionary Conditional Use "- Permits The Planning Commission was recently asked to consider deleting a section of Code that gives the City flexibility to review and approve land uses not specifically allowed in a particular zoning district through the Conditional Use Permit process. Agreeing with the Commission's recommendation, the City Council voted not to delete the section when they met on December 19,2006. They have directed staff to work with the Planning Commission to rewrite the section to include criteria by which to judge whether a use mayor may not be suitable in a particular zoning district. Mr. Cross discussed with staff the reason for the deletion of the section of code and some examples of cases that were previously look at by the Commission and Council. Mr. Cross stated if the Commission felt that anything else could be added to the criteria to round them out, this could be something for discussion. Commissioner Holthus thought it would help if they thought of this as a miscellaneous clause because this is where everything goes that does not fit anywhere else. She thought this would make it more understandable to more people. Number five says "the proposed site shall not be located in a Residential Zoning District". She thought this was confusing when she looked at the top line "The City Council may consider granting a CUP for a use not currently permitted in a particular zoning district". Particular zoning district to her sounds broad and does not fit with number five's reference to not be located in a residential zoning district. She indicated she would like to change the top line so it says "The City Council may consider granting a CUP for a use not already permitted in Business/Industrial Zoning District", because that would clear up a point of confusion which is vague. They should also give the section a name that identifies what this is all about. -/2-- Regular Andover Planning and Zoning Commission Meeting Minutes - January 9, 2007 Page 5 Commissioner Holthus stated as far as going into their list that is attached "Permitted, Conditional and Prohibited Uses", she thought it would be worthwhile to have another work session and go through those because she saw some inconsistencies that did not make sense. For example on the first page of the permitted uses table, under Barber Shops and Beauty Salons, they are conditional in all of the residential areas but are permitted only in limited business but not permitted in neighborhood business, shopping centers, and general business and that is where all the beauty salons area. Commissioner Kirchoff asked if the six criteria listed supersedes the permitted use tables. Mr. Cross stated the table and section do not overwrite each other, they are meant to work in harmony or congruity. There are many uses that are not permitted in a certain district and what they have is just the table to go by so as a solution to that they have the catch all clause. The catch all clause is meant to supplement the table and give the City Council a bit more flexibility in looking at uses that may not be allowed on the table. Commissioner Holthus stated the top line of the Code Section would be clearer if the particular zoning district was changed to BusinesslIndustrial so that it would fit with number five. . Commissioner Kirchoff wondered if this would prohibit agricultural. Chairperson Daninger stated items 1 through 6 are broad except for residential and when they hear a case, they are hearing specific situations. Chairperson Daninger asked who authored items 1 through 6. Mr. Cross indicated he wrote it and some of them are taken directly out of the Code. Chairperson Dariinger wondered where the supporting data is to come up with the remaining three. Mr. Cross stated items 1 through 4 are directly from the Code, 5 and 6 are site specific, they did not have any site specific standards and they felt they needed them. He thought what the miscellaneous catch all clause did was bring the Council some flexibility in looking at new uses. Chairperson Daninger wondered if item 5 was added per Council direction, was it a guiding point from some discussion. Mr. Cross stated it came about from discussion between staff, the City Code provides a lot of existing regulations for existing areas and so they stuck with that and allowed the flexibility in non-residential areas. Commissioner Kirchoff wondered if someone is in a residential area and wants to start a business, does this mean you cannot. Mr. Cross stated ifthey are looking at a use that does not currently exist in the City Code, then this new miscellaneous catch all clause is not something that will help at all. The section does not touch new uses; it only has to do with existing uses in the table. Mr. Bednarz stated this should be stated in the City Code because it does not say it now. Chairperson Daninger reviewed what they discussed. -J3'~ Regular Andover Planning and Zoning Commission Meeting Minutes - January 9, 2007 Page 6 Mr. Cross stated definitions play an important role in the table. There is some updating that needs to be done. He stated there are some definitions within the permitted uses section such as retail, trade and services. Regarding the first part of the agenda item, Commissioner Holthus liked items I - 6. Criteria a, b, and c work well for CUP's, so she would be comfortable maintaining those for this potential revision along with a couple word changes to make it more clear. Commissioner Holthus stated on the second part of the agenda item, she thought they should schedule another work session to go through the table and bring it up to date and have it make more sense because she saw many inconsistencies with it. Chairperson Daninger concurred. Chairperson Daninger thought they needed to discuss this further when more Commissioners are at the meeting to give their views but he would like to go through a few meetings with any new Commission members before having this on another work session agenda. OTHER BUSINESS. Mr. Bednarz updated the Planning Commission on related items and the outcome of items that went to the City Council. Mr. Bednarz noted the Planning Commission annual report has been issued and will be reviewed when Mr. Vrchota is at the meeting. It was noted Mr. Vrchota prepared the report and was very thorough. The Commission appreciated the time spent to get the report to them. ADJOURNMENT. Motion by Holthus, seconded by Kirchoff, to adjourn the meeting at 8:12p.m. Motion carried on a 3-ayes, O-nays, 2-absent (Walton, Casey) vote. Respectfully Submitted, Sue Osbeck, Recording Secretary TimeSaver Off Site Secretarial, Inc. --;lj--- 00 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (763) 755-5100 FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US CC: Jim Dickinson, City Administrator David D. Berkowitz, City Engineer.:Lib TO: Mayor and Council Members FROM: Todd Haas, Asst. City Engineer/Parks Coordinator SUBJECT: Consider Contribution for 2007/Anoka Aquatic Center - Engineering DATE: February 6,2007 INTRODUCTION This item is in regard to considering a contribution of $4,000 to the Anoka Aquatic Center for the 2007 swimming season. DISCUSSION Over the past few years, the City Council has approved a contribution of $4,000 per year to the City of Anoka to receive a reduced rate for the residents of Andover who use the Anoka Aquatic Center. To continue the reduced rate for the residents of Andover a continued contribution would have to be made in the amount of $4,000. Attached is information from the City of Anoka indicating the savings for Andover residents for your review from 1998-2006. The Park & Recreation Commission reviewed the request from the City of Anoka at their February 1 sl meeting and recommended that the City Council approve the contribution for 2007. BUDGET IMPACT In discussions with the Finance Director, the contribution would come from the park improvement fund. Note: If the City Council would like to consider this for 2007, it should be considered as part of the 2007 general fund (not from park dedication or park improvement funds). ACTION REQUESTED The City Council is requested to approve the contribution to the City of Anoka in the amount of $4,000 to receive the reduced rate for the residents of Andover for use of the Anoka Aquatic Center. Respectfully submitted, T~~ Attachments: . Resident Rate Savings / cc: Dan Masloski, Park & Recreation Commission Chair T dd Haas From: Sent: To: Subject: Lisa LaCasse [LLaCasse@cLanoka.mn.us] Wednesday, January 10, 2007 3:30 PM Todd Haas Anoka Aquatic Center resident contribution ~ ;t:.;; ,_::~::~~~-_. Andover 9 year comparison. doc Todd - It is that time of year again...its time to determine whether or not Andover is interested in making a contribution to the Aquatic Center for resident rate opportunities. I have enclosed the cost saving comparison for Andover residents for the swim lessons and season pass purchases over the past 9 seasons. It has dropped and as I expected - the community center I YMCA has undoubtedly affected the number of families that purchased passes. The swim lesson participation has not experienced as large a decline. I will need to know whether Andover will be contributing before March 15 if possible so that the promotional materials will include any changes before we send them out in April. 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WWW.CI.ANDOVER.MN.US TO: Mayor and City Council CC: Jim Dickinson, City Administrator ~ FROM: Vicki V olk, City Clerk SUBJECT: Consider On-Sale Wine License DATE: February 6, 2007 INTRODUCTION The owner of the New Dragon II restaurant has applied for an on-sale wine license. DISCUSSION City Code requires that a restaurant provide seating for 100 customers at a time in order to qualify for an on-sale wine license. The New Dragon II has seating for 50. The applicant could apply for and receive a 3.2% malt liquor license as there is no seating requirement for that type of license. ACTION REQUIRED If Council should approve either license for the New Dragon II, it needs to be contingent upon a favorable report from the Sheriff. Respectfully submitted, ~.U~ Vicki V olk City Clerk @ 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304. (763) 755-5100 FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US TO: Mayor and Council Members FROM: Jim Dickinson, City Administrator SUBJECT: Schedule EDA meeting DATE: February 6,2007 INTRODUCTION The Council is requested to schedule an Economic Development Authority (EDA) meeting at 6:00 pm before the February 20,2007 City Council meeting. DISCUSSION Tentative agenda items for an EDA meeting have been identified as follows: 1. Update on Economic Development Activities 2. Letter of Intent Review 3. Purchase Agreement Updates 4. EDA Potential Projects Update 5. Other Business Other items may be added upon request, or the meeting will be cancelled if no new information comes forward on the identified agenda items ACTION REOUlRED Schedule an EDA meeting at 6:00 pm before the February 20,2007 City Council meeting. 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (763) 755-5100 FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US TO: Mayor and City Council CC: Jim Dickinson, City Administrator FROM: Vicki V olk, City Clerk SUBJECT: Board of Review DATE: February 6, 2007 INTRODUCTION The Anoka County Assessor's Office requested that Council schedule the Board of Review. DISCUSSION The Assessor's Office could not wait until the Council meeting for the Board of Review to be scheduled because they need to mail out the valuation notices. After speaking with the City Administrator we have scheduled the Board of Review for Wednesday, April 11, 2007 at 7:00 p.m. ACTION REOUIRED Council is requested to hold the Board of Review on Wednesday, April 11, 2007 at 7:00 p.m. Respectfully submitted, fl:L' UrIb Vicki V olk City Clerk @ CITY OF NDOVE @ 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304. (763) 755-5100 FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US TO: Mayor and Council Members FROM: Jim Dickinson, City Administrator SUBJECT: February Council Workshop DATE: February 6,2007 INTRODUCTION The Council is requested to correct the date currently scheduled for a Special Council Workshop for the month of February for a number of miscellaneous business items. DISCUSSION Potential agenda items for a February workshop have been identified as follows: 1. Youth First Update 2. Comprehensive Plan Discussion 3. Subdivision Ordinance Discussion 4. Single Family Residential Rental Discussion 5. Railroad Quiet Zones/Way Side Horns Update 6. Cell Tower Ordinance Review 7. 2007 Council Goals Discussion Other items may be added upon request. ACTION REQUIRED Reschedule the February Council Workshop that was incorrectly presented as February 23rd to February 2ib at 6:00 pm. @ 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (763) 755-5100 FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US TO: Mayor and Councilmembers FROM: Jim Dickinson, City Administrator SUBJECT: Administrator's Report DATE: February 6,2007 The City Administrator will give a brief verbal update on various items of interest to the City Council and to the residents at the meeting. Listed below are a few areas of interest: 1. Administration & City Department Activities 2. Update on Development Activity 3. Update on Public Improvement Projects 4. Meeting Reminders 5. Hanson Blvd. NW Project Update 6. Miscellaneous Projects Upon receipt of the meeting packet, if a member of the Council would like an update on a particular item, please notify me so an adequate update can be made. 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (763) 755-5100 FAX (763) 755-8923. WWW.CI.ANDOVER.MN.US TO: Mayor & Council Members FROM: Jim Dickinson, City Administrator SUBJECT: Supplemental Agenda Items for February 6, 2007 City Council Meeting DATE: February 6,2007 The City Council is requested to receive the following supplemental information. Plaque PresentationlPark & Recreation Commission Members Discussion Items Add-On Item. Item #16a. Approve Resolution of Support - Regional Forensic Crime Laboratory (Supplemental) - Administration Item #18. Consider Contribution for 2007/ Anoka Aquatic Center (Supplemental) - Engineering Item #19. Consider On-Sale Wine License/New Dragon IT (Supplemental) - Clerk Staff Items Item #20. Schedule EDA Meeting (Supplemental) - Administration @ 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304. (763) 755-5100 FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US TO: Mayor and Council Members FROM: Jim Dickinson, City Administrator SUBJECT: Approve Resolution of Support - Regional Forensic Crime Laboratory DATE: February 6,2007 INTRODUCTION Attached is a letter from the Anoka County Sheriff Bruce Andersohn requesting Council support for a regionally based Forensic Crime Laboratory. DISCUSSION The basis of the support request is to secure support from the City of Andover for a request that Anoka County is bringing forward to the State Legislature for a single appropriation to help with the construction and equipment costs ofthe forensic lab. ACTION REQUIRED Approve the attached resolution in support of a Regional Forensic Crime Laboratory in Anoka County. '-- Attachments Office of the Sheriff Anoka County Sheriff Bruce Andersohn 325 East Main Street, Anoka. MN 55303 (763)323-5000 Fax (763)422-7503 V January 24, 2007 Honorable Mayor and Council City of Andover, Minnesota Dear Mayor and Council, As you are aware the Sheriff's Office is pursuing construction of new facility for its offices. This will be the fIrst time in the agency's history that we have had a "home" of our own. As a part of this building project we have gained support from the Anoka County Board of Commissioners to construct a regionally based Forensic Crime Laboratory. We are joined in this part of the project by the Sherburne and Wright County Sheriffs Office's and their respective County Boards. Very soon we will bring forward to the State Legislature a request for a single appropriation to help with the construction and equipment costs of this part of the facility. As a part of our presentation it is important the Legislature understand the broad based need for and support of this program. I would greatly appreciate your support as we move forward with the process and help make the Crime Lab a reality. A resolution of support from the City Council is vital. Attached is a sample resolution for your consideration. I hope that your support for our project will allow passage of such a resolution. Any questions or requests for assistance can be directed to Captain Aldrich at 763-323-5006. Sheriff Bruce Andersohn Anoka County Sheriff s Office Regional Forensic Lab Talking Points January 2007 · This project represents a regional approach to public safety issues by Anoka, Sherburne and Wright counties. The collaboration on this forensic facility will reduce lag time in evidence processing and better serve all three counties. · The use of forensic evidence in the criminal justice system continues to grow and in fact be demanded by the courts, jurors, and other players in the legal system. . DNA will become the fmgerprint of the 21 sl century, i.e. it will be common place for all law enforcement agencies to take DNA from crime scenes of all types not just the most heinous of crimes. We will gather it at burglary, damage to property, drug, forgery and other such crimes. · Currently we collect DNA from blood, semen, body fluids, and hair. In the future, it will be viable from sources such as sweat from fingerprints, skin flakes, and other more minute trace evidence sources. · Currently, resources at the BCA can not meet the demand for services from local law enforcement agencies. They are currently backlogged for processing evidence and can take months to complete forensic testing on pieces of evidence submitted for analysis. o DNA o Chemical testing of drug evidence o Toxicology o Fingerprint analysis · New techniques and technologies will be developed further driving the need for forensic science, we will need to keep pace. · The state has already invested significant resources in the BCA and is unlikely to want to invest additional money to expand their capabilities. That leaves the responsibility to local agencies. · The state BCA recently began to limit the number of cases it will accept from any one agency to 10 per week and no more than 15 in 2 weeks. · We will continue topartner with the BCA, relying on their expertise and training to staff our facility. · As demand grows based. on the increased use of forensic analysis in the criminal justice system, the BCA will grow further behind with greater time delays between submission and analysis. · Computer forensics is an area of growth in the forensic field which the BCA is not currently providing service in. We will need to develop that capability further to meet the growing demand and sophistication by criminal elements. · There are few crimes today that do not include the use of computers. We see their use in sex crimes, fraud, forgery, identity theft, and narcotics cases to name a few. · There is a cost to not providing forensic services in a timely manner. Criminals who belong in jail may remain at large while law enforcement waits on forensic evidence analysis to confirm their identity or to charge them with a crime. During this period of time they may continue to victimize the public by committing more crimes some of which will undoubtedly be crimes of violence. (Maple Grove homicides case) · There is cost associated with delays in trials and sentencing. The defendant may sit in jail costing taxpayers money and occupying space in an already overcrowded jail system when they could be sentenced and sent to prison. · We will not solve the crimes oftomorrow using the same techniques and procedures that suffice today. · Good and responsible leadership/governance must anticipate the future and act accordingly in the present. · Justice delayed is justice denied. . . to everyone. · Delays hurt victims, children, families, and the community. · The history of cooperative ventures in Anoka County Law Enforcement once again calls us and commends this new endeavor. · To maintain the trust ofthe community, law enforcement must always look to provide new solutions. · We need to continue the tradition of cooperative endeavors that have proven to be examples of leadership and vision. Sheriff Andersohn CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. WHEREAS, providing for public safety is a primary responsibility of government; and, WHEREAS, the sharing of resources between communities has proven a cost effective and practical realityin Anoka County; and, WHEREAS, law enforcement is the primary tool by which criminals can be identified, arrested and prosecuted; and, WHEREAS, technology is now a central and required component for enabling effective law enforcement service; and, WHEREAS, the current method of providing forensic analysis of evidentiary matter is overwhelmed resulting in costly delays in arrest and prosecution of criminals; and, WHEREAS, such delays negatively impact the safety and quality of life in the community: NOW, THEREFORE, BE IT RESOLVED that the Council of the City of Andover supports the construction of a Regional Forensic Crime Laboratory in Anoka County; FURTHER; the City Council supports the County's request for a single appropriation from the State of Minnesota to assist with construction costs of the facility. Adopted by the City Council of the City of Andover this 6th 2007. day of February , CITY OF ANDOVER ATTEST: Michael R. Gamache - Mayor Victoria Volk - City Clerk @) 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (763) 755-5100 FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US CC: Jim Dickinson, City Administrator David D. Berkowitz, City Enginee~ TO: Mayor and Council Members FROM: Todd Haas, Asst. City EngineerlParks Coordinator SUBJECT: 18. Consider Contribution for 2007/Anoka Aquatic Center (Supplemental)- Engineering DATE: February 6, 2007 INTRODUCTION This item is in regard to considering a contribution of $4,000 to the Anoka Aquatic Center for the 2007 swimming season. DISCUSSION As indicated in my e-mail sent to the City Council last Friday, February 2od,the Park & Recreation Commission did not recommend the $4,000 expenditure to the City of Anoka to receive a reduced rate for the residents of Andover who use the Anoka Aquatic Center. With swimming lessons available at the YMCA and Bunker Hills. Beach being open for the last few years to residents of Andover, the Commission thought it was best to use the $4,000 towards the continuation of developing the park system. ACTION REOUESTED The City Council is requested by the Park & Recreation Commission not to contribute $4,000 to the Anoka Aquatic Center for the 2007 swimming season. Respectfully submitted, ~L-- cc: Dan Masloski, Park & Recreation Commission Chair CITY OF NDOVE 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (763) 755-5100 FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US TO: Mayor and City Council CC: Jim Dickinson, City Administrator I FROM: Vicki V olk, City Clerk SUBJECT: Consider On-Sale Wine License - Supplemental DATE: February 6, 2007 DISCUSSION City Code 3-1B-8 (1) states that on-sale licenses may be issued only in conjunction with the serving of food and to establishments that have facilities for serving at least 100 guests at a time. City Code 3-1B-8 (2) states that on-sale wine licenses may be issued to restaurants and for consumption on the licensed premises only in conjunction with the sale offood. The City Attorney has said that the requirement for serving 100 guests at a time would only apply to an on-sale intoxicating liquor license, not an on-sale wine license. Therefore, the New Dragon II would qualify for an on-sale wine license provided we receive a favorable report from the Sheriff. ACTION REOUIRED If Council should approve an on-sale wine license for the New Dragon II, it needs to be contingent upon a favorable report from the Sheriff. Respectfully submitted, [L;~' (Ja Vicki V olk City Clerk Attach: City Code 3-lB-8 @ interest so warrants, it may require a similar investigation at the time of renewal of any license. Fees for licenses issued during the license year shall be prorated according to the number of months remaining in the year. For this purpose, an unexpired fraction of a month shall be counted as a whole month which shall have elapsed. No refund of any fee shall be made except as authorized by statute. (Amended Ord. 235, 8-5-1997; amd. 2003 Code) 3-1 B-8: TYPES OF LICENSES AND PERMITS; EXEMPTIONS: A. Types Of Licenses And Permits: The City Council may grant the following types of intoxicating liquor licenses: 1. On-Sale Licenses: On-sale licenses may be issued only to hotels, . clubs, and restaurants. A license shall be issued only in conjunction with the serving of food and to establishments that have facilities for serving at least one hundred (100) guests at one time. 2. On-Sale Wine Licenses: On-sale wine licenses may be issued to restaurants for the sale of wine not exceeding fourteen percent (14%) alcohol by volume and for consumption on the licensed premises only in conjunction with the sale of food. 3. Off-Sale Licenses: Off-sale licenses may be issued only to exclusive liquor stores and shall permit off-sale of intoxicating liquor and 3.2 percent malt liquor. As an incident to these sales, ice, soft drinks and all forms of tobacco may also be sold. The city shall issue a limited number of off-sale licenses based on population. The number of licenses shall be limited to one for each six thousand (6,000) residents, based on current estimated population. 4. Sunday Sales: Sunday sales licenses may be issued only to a hotel or restaurant to which an on-sale license has been issued. No Sunday sales license is needed for on-sale wine licenses. Except in the case of on-sale wine licenses, no Sunday sales of intoxicating liquor shall be made without a license for Sunday sales. 5. Consumption And Display Permit: A consumption and display permit may be issued to a bottle club which complies with the requirements of Minnesota Statutes Section 340A.414 and which has obtained a permit from the Commissioner of PUblic Safety. No bottle club may operate in the city without first obtaining a permit from the city. B. Exemptions: 1. Any person holding an on-sale intoxicating liquor license may sell 3.2 @ 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304. (763) 755-5100 FAX (763) 755-8923. WWW.CI.ANDOVER.MN.US TO: Mayor and Council Members FROM: Jim Dickinson, City Administrator SUBJECT: Schedule EDA meeting - Revised DATE: February 6,2007 INTRODUCTION The original staff report made a request to the Council to schedule an Economic Development Authority (EDA) meeting at 6:00 pm before the February 20, 2007 City Council meeting. That evening no meetings can be held until 8:01 pm because of a school district election. I am requesting that the meeting be scheduled at 6:00 pm before the March 6, 2007 City Council meeting DISCUSSION Tentative agenda items for an EDA meeting have been identified as follows: 1. Update on Economic Development Activities 2. Letter of Intent Review 3. Purchase Agreement Updates 4. EDA Potential Projects Update 5. Other Business Other items may be added upon request, or the meeting will be cancelled if no new information comes forward on the identified agenda items ACTION REQUIRED Schedule an EDA meeting at 6:00 pm before the March 6, 2007 City Council meeting. ~G ;l-t-f)1 .. 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER. MINNESOTA 55304 . (763) 755-5100 FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US TO: Mayor and Councilmembers FROM: Jim Dickinson, City Administrator SUBJECT: Discuss Bond Sales - Supplemental DATE: February 6,2007 INTRODUCTION Mark Ruff from Ehlers & Associates, the City's Financial Advisor, will be in attendance tonight to discuss the background on why the City's sale of the listed below bond issues authorized at the January 16, 2007 Council Meeting did not take place. $765,000 General Obligation Equipment Certificates, Series 2007 A $6,595,000 General Obligation Water Revenue Refunding Bonds, Series 2007B The sale opening was scheduled at 11 :00 a.m. on February 6th with consideration of the award of bid to be forwarded to the Andover City Council at approximately 7:00 p.m. that evening, but last evening it was decided that the market would not yield favorable results. DISCUSSION After a brief presentation by Mr. Ruff the City Council will be requested to consider two alternative resolutions (called "parameters resolutions") where the City Council authorizes, the City Administrator, City of Andover, Minnesota, to execute a Bond Purchase Agreement which will approve the sale of the bonds as long as criteria outlined in the authorizing resolution is met. In both issues, upon sale of the Bonds, the results will be presented to the City Council at its next regularly scheduled meeting to adopt the necessary approving resolution and related documents. The Council may recall that this was the process used for the Community Center refinancing. The criterion and purpose for the two bonds is stated below for each issue: $765,000 G.O. Equipment Certificates, Series 2007 A These certificates are being issued primarily to finance public safety and public works equipment purchases outlined in the 2007-2011 CIP. - The City Council hereby authorizes Mr. Jim Dickinson, the City Administrator, City of Andover, Minnesota, to execute a Bond Purchase Agreement which will approve the sale of the Certificates to the most favorable proposal maker. Authorization will expire in 120 days. " ~ Mayor and Councilmembers February 6,2007 Page 2 of2 $6,595,000 G.O. Water Revenue Refunding Bonds, Series 2007B These bonds are proposed to be issued for the purpose of effecting an advance crossover refunding of the 2013 through 2023 maturities oftheCity's $9,870,000 General Obligation Water Revenue Bonds, Series 2002 dated June 1,2002. - The City Council hereby authorizes Mr. Jim Dickir1son, the City Administrator, City of Andover, Minnesota, to execute a Bond Purchase Agreement which will approve the sale of the Bonds to a purchaser solicited on behalf of the City by Ehlers and the net present value savings as a percentage of the present value of the refunded debt service of the Prior Bonds is at least 3.0%. Authorization will expire in 120 days. BUDGET IMPACT The $765,000 G.O. Equipment Certificates, Series 2007 A, are funded by an annual tax levy. The $6,595,000 G.O. Water Revenue Refunding Bonds, Series 2007B are funded by pledged revenues of the City's Water Utility. ACTION REQUESTED The City Council is requested to approve the attached resolutions provided by the City's bond counsel, Briggs & Morgan. The resolutions are listed below: RESOUJrION APPROVING THE ISSUANCE OF GENERAL OBLIGATION EQUIPMENT CERTIFICATES, SERIES 2007A & RESOLUTION APPROVING THE ISSUANCE OF GENERAL OBLIGATION WATER REVENUE REFUNDING BONDS, SERIES 2007B ----- Attachments I .. EXTRACT OF MINUTES OF A MEETING OF THE CITY COUNCIL OF THE CITY OF ANDOVER, MlNNESOT A HELD: February 6, 2007 Pursuant to due caIl thereof, a regular or special meeting of the City Council of the City of Andover, Minnesota, was duly held at the City Hall on February 6, 2007, at 7:00 P.M. The following members were present: and the following were absent: introduced the following resolution and moved its adoption: Member RESOLUTION APPROVING THE ISSUANCE OF GENERAL OBLIGATION EQUIPMENT CERTIFICATES, SERIES 2007 A A. WHEREAS, the City Council of the City of Andover, Minnesota (the "City"), has been advised by EWers & Associates, Inc., in Roseville, Minnesota ("EWers") that the issuance of the Equipment Certificates, Series 2007A (the "Certificates") is feasible; and B. City; and WHEREAS, EWers will solicit a purchaser of the Certificates on behalf of the C. WHEREAS, the City desires to effectuate the transaction when the City issues its Water Refunding Bonds. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover, Minnesota, as follows: 1. Authorization. The City Council hereby authorizes Mr. Jim Dickinson, the City Administrator, City of Andover, Minnesota, to execute a Bond Purchase Agreement which will approve the sale of the Certificates to the most favorable proposal maker. Authorization will expire in 120 days. 2. Meeting. Upon approval of the sale of the Certificates by the City Administrator, the City Council will meet at it's next regularly scheduled Council meeting to adopt the necessary approving resolutions and related documents to be prepared by Briggs and Morgan, Professional Association, as Bond Counsel. 1993 1 74vl 6) \ J The motion for the adoption of the foregoing resolution was duly seconded by member , and upon vote being taken thereon the following voted in favor thereof: and the following voted agairtst the same: whereupon the resolution was declared duly passed and adopted. Passed: February 6, 2007. Mayor Attest: Administrator 1993174vl 2 @ I .~ EXTRACT OF MINUTES OF A MEETING OF THE CITY COUNCIL OF THE CITY OF ANDOVER, MINNESOTA HELD: February 6, 2007 Pursuant to due caIl thereof, a regular or special meeting of the City Council of the City of Andover, Minnesota, was duly held at the City HaIl on February 6, 2007, at 7:00 P.M. The following members were present: and the following were absent: Member introduced the following resolution and moved its adoption: RESOLUTION APPROVING THE ISSUANCE OF GENERAL OBLIGATION WATER REVENUE REFUNDING BONDS, SERIES 2007B A. WHEREAS, the City of Andover, Minnesota (the "City"), has been advised by EWers & Associates, Inc., in Roseville, Minnesota ("Ehlers") that a crossover refunding of the City's $9,780,000 General Obligation Water Revenue Bonds, Series 2002, dated June 1,2002 (the "Prior Bonds") is feasible via the issuance of General Obligation Water Revenue Refunding Bonds (the "Bonds"); and B. WHEREAS, EWers will solicit a purchaser of the Bonds on behalf of the City; and C. WHEREAS, the City desires to effectuate the transaction whenever market conditions are appropriate. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover, Minnesota, as follows: 1. Authorization. The City Council hereby authorizes Mr. Jim Dickir1son, the City Administrator, City of Andover, Minnesota, to execute a Bond Purchase Agreement which will approve the sale of the Bonds to a purchaser solicited on behalf of the City by EWers and the net present value savings as a percentage of the present value of the refunded debt service of the Prior Bonds is at least 3.0%. Authorization will expire in 120 days. 2. Meeting. Upon approval of the sale of the Bonds by the City Administrator, the City Council will meet at it's next regularly scheduled Council meeting to adopt the necessary approving resolutions and related documents to be prepared by Briggs and Morgan, Professional Association, as Bond CounseL 1993158v1 @ The motion for the adoption of the foregoing resolution was duly seconded by member , and upon vote being taken thereon the following voted in favor thereof: and the following voted against the same: whereupon the resolution was declared duly passed and adopted. Passed: February 6, 2007 Mayor Attest: Administrator 1993158v1 2 \ .' @