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Home My WebLink AboutCC February 20, 2007 o o o 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 20, 2007 Call to Order- 8:01 p.m. Pledge of Allegiance Resident Forum Agenda Approval 1. Approval of Minutes (2/6/07 Regular Meeting) Consent Items 2. Approve Payment of Claims - Finance 3. Approve Plans & Specs/Order Advertisement for Bids/07-8/Andover Station North Ball Field Lighting- Engineering 4. Declare Cost/Order Assessment Roll/05-34/Bluebird Street NW & Hanson Boulevard NW/Intersection hnprovements - Engineering 5. Approve Plans & Specs/Order Advertisement for Bids/07-2/2007 Overlays -Engineering 6. Approve Hold Harmless Agreement & Easement Encroachment Agreement/14248 Woodbine Street NW - Engineering 7. Order Plans & Specs/07-3/2007 Crack Sealing - Engineering 8. Order & Approve Plans & Specs/07-4/2007 Seal Coating - Engineering 9. Accept Feasibility Report/WaivePublic Hearing/07-13/13835 Underclift Street NWIWM - Engineering 10. Approve CUP for Tower and Antenna/2980 173rd Lane NW/Great River Energy - Planning 11. Approve Funds Transfer - Community Center Closeout - Finance Discussion Items 12. Receive Anoka County Sheriffs Department Monthly Report - Sheriff 13. Approve Bond Sale - Finance 14. Hold Public Hearing/03-27 /Wellhead Protection Plan - Engineering 15. Consider Access Agreement/Forest Meadows ParkIRocket Turf - Engineering 16. Consider Code Amendment/Establishing Farm Wineries as a Home Occupation - Planning 17. Consider Code Amendment/Establishing New Buildability Requirements - Planning 18. Consider Code AmendmentlExpand Public Notice for Rural Properties to 700 Feet - Planning 19. Consider Code AmendmentlEstablish Criteria for Redevelopment PUD's - Planning Staff Items 20. Discuss State Aid Designations - Engineering 21. Discuss Community Center Advisory Commission Appointments - Administration 22. Schedule March Workshop -Administration 23. Administrator's Report - Administration Mayor/Council Input Adjournment o 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 FROM: Vicki V olk, City Clerk SUBJECT: Approval of Minutes DATE: February 20, 2007 INTRODUCTION The following minutes were provided by TimeSaver Secretarial Service for approval by the City Council: o February 6, 2007 Regular Meeting DISCUSSION Attached is a copy of the minutes for your review. ACTION REQUIRED The City Council is requested to approve the above minutes. Respectfully submitted, ~()~ Vicki V olk City Clerk o @ o o o Regular Andover City Council Meeting Minutes - February 6, 2007 Page 17 REGULAR ANDOVER CITY COUNCIL MEETING MINUTES - FEBRUARY 6,2007 TABLE OF CONTENTS PLEDGE OF ALLEGIENCE..................................................................................................... 1 RESIDENT FORUM ................................................................................................................. 1 PARK COMMISSIONERS HONORED................................................................................... 1 AGENDA APPROV AL............................................................................................................. 1 APPROVAL OF MINUTES......................................................................................................2 CONSENT ITEMS Approve Payment of Claims ................................................................................................ 3 Resolution R009-07 accepting Petition/Order Feasibility Report/07 -11/14259- 7th Avenue NW Sewer & Water Extension (Rosella Sonsteby) .......................................... 3 Resolution RO 1 0-07 ordering Plans & Specs/07 -8/ Andover Station North Ball Field Lighting ............ ........................ .............. ........................................... ........... ................ ... 3 Resolution ROII-07approving Resolution/Speed Study/Buttemut Street NW, 173rd Avenue NW & Flintwood Street NW............................................................................. 3 Resolution R012-07 accepting Petition/Order Feasibility Report/07-13/13835 Underclift Street NW /WM.............................................................................................. 3 Approve Advertising for Vacancies/Coon Creek Watershed District .................................3 Accept Quit Claim DeedlKimberly Oaks/05-9/Drainage & Utility Easement .................... 3 Approve Raffle PermitlAnoka County Pheasants Forever .................................................. 3 APPROVE HANSON BOULEVARD NW LIGHTING PLAN/04-23 Motion to approve................................................................................................................. 3 PRESENT BOND SALE (EHLERS AND ASSOCIATES) (R013-04 & ROI4-07)................. 3 HOLD PUBLIC HEARING/ORDER PLANS & SPECS/06-37 /161 ST AVENUE NW & CRANE STREET NW/INTERSECTION IMPROVEMENTS Motion to Open Public Hearing............................................................................................4 Motion to Close Public Hearing ........................................................................................... 6 Motion to approve (ROI5-07) ............................................................................................... 7 NPDES (NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM) PRESENTATION & PUBLIC MEETING/07-1 .................................................................. 8 CONSIDER WAIVER OR PARK DEDICATION FEE/LOT SPLIT/16425 HANSON BOULEVARD NW Motion to deny (ROI6-07) .................................................................................................... 8 CONSIDER COMPREHENSIVE PLAN AMENDMENT/MUSA BOUNDARY ADJUSTMENT/ANOKA COUNTY LAW ENFORCEMENT CENTER Motion to Approve (ROI7 -07) .............................................................................................. 10 APPROVE RESOLUTION OF SUPPORT - REGIONAL FORENSICE CRIME LABORATORY Motion to approve (R018-07) ............................................................................................... 11 CONSIDER CITY CODE AMENDMENT/DELETING CODE SECTION 12-14-6A.5......... 12 CONSIDER CONTRIBUTION FOR 2007 ANOKA AQUATIC CENTER ............................ 13 APPROVE CONDITIONAL USE PERMIT/ON-SALE LIQUOR SALES/15390 BLUEBIRD STREET NW o o o Regular Andover City Council Meeting Minutes - February 6, 2007 Page 18 Regular Andover City Council Meeting Minutes - February 6, 2007 Table of Contents Page ii Motion to table ........... ................. ..................................... ..................................... ................ 13 Motion to remove from table ................................................................................................. 14 Motion to approve (ROI9-07) ............................................................................................... 14 CONSIDER ON-SALE WINE LICENSEINEW DRAGON II Motion to table .................................. ......... ............ ..................................... ............ .............. 14 Motion to remove from table ................................................................................................ 15 Motion to approve (R020-07) ............................................................................................... 15 SCHEDULE EDA MEETING ................................................................................................... 15 BOARD OF REVIEW ............................................................................................................... 15 FEBRUARY WORKSHOP MEETING .................................................................................... 16 ADMINISTRATOR REPORT .................................................................................................. 16 MAYOR/COUNCIL INPUT Community Center Committee ............................................................................................. 16 YMCA Summer Daycare Program ....................................................................................... 16 Rental Policy.......... ............ ................................................ ............. ...... ................................ 16 ADJOURNMENT...................................................................................................................... 16 01 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 022 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 044 45 46 47 48 REGULAR ANDOVER CITY COUNCIL MEETING - FEBRUARY 6,2007 MINUTES The Regular Bi-MontWy Meeting of the Andover City Council was called to order by Mayor Mike Gamache, February 6, 2007, 7:01 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 Attorney, William Hawkins City Engineer, Dave Berkowitz City Administrator, Jim Dickir1son Community Development Director, Will Neumeister Others PLEDGE OF ALLEGIANCE RESIDENT FORUM Noone wished to address the Council. PARK COMMISSIONERS HONORED Mayor Gamache presented a certificate of appreciation to former Park Commissioner Dave Blackstad. Mr. Dave Blackstad stated when he first got on the Commission, they had just completed Sunshine Park and since then they have completed many things and he hoped they felt he was a part of it all. Mayor Gamache also thanked Ernie Bedor and Bill Hupp for their dedication to the Commission. AGENDA APPROVAL Add Item 16a, (Approve Resolution of Support - Regional Forensic Crime Laboratory). Remove from Consent Items for discussion Items 11, (Approve Conditional Use Permit/On-Sale Liquor Sales/15190 Bluebird Street NW); and Item 3, (Approve Hanson Boulevard NW Lighting Plan/04- 23); Councilmember Jacobson noted he has a conflict of interest. Motion by Trude, Seconded by Jacobson, to approve the Agenda as amended. Motion carried unanimously. o 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 018 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 040 41 42 Regular Andover. City Council Meeting Minutes - February 6, 2007 Page 2 APPROVAL OF MINUTES January 11, 2007, Special Meeting: Correct as amended. Councilmember Trude stated she has a lot of minor changes to the minutes because they did not have their regular secretary. Page 1, line 27, the name should be "Peggy", not Petty. Line 43, delete "be". Page 2, line 21, "OrttI" should be "Orttel". Page 3, line 11, delete "do not". Page 7, line 14 should include "of commercial and residential." Line 35 typo on "is". Page 8, line 34, delete one of "that". Line 37, should read "been overturned 1mBea 8:ffHma." Line 38 should read "been kicked sent back..." Page 1 0, line 12, include "how the city could add open space to enhance the quality..." Page 16, line 1, the name should be "Mr. Redding", not Mr. Bedor. Motion by Jacobson, Seconded by Trude, to approve of the January 11,2007 Special Meeting Minutes as indicated above. Motion carried unanimously. The Council took a five minute recess at 7:09 p.m. The Council reconvened at 7:14 p.m. January 16, 1007, Special Meeting: Correct as written. Motion by Trude, Seconded by Knight, to approve of the January 16,2007 Special Meeting Minutes as indicated above. Motion carried unanimously. January 16, 2007, Regular Meeting: Correct as written. Motion by Trude, Seconded by Knight, to approve of the January 16,2007 Regular Meeting Minutes as indicated above. Motion carried unanimously. January 23, 2007, Workshop Meeting: Correct as amended. Councilmember Trude stated she has some corrections to the minutes. Page 1, line 30, after paved add "because the annual maintenance costs are so high and they take special equipment." Line 32, delete "costs" and replace with "maintenance savings". Page 3, line 22, after property value add, "excluding building value". Page 5, line 13 should be "custom", not customer. o 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 018 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 040 41 42 43 44 Regular Andover City Council Meeting Minutes - February 6, 2007 Page 3 Councilmember Trude noted at the bottom of page 5, there is some missing discussion from Council regarding Mr. Berkowitz's question regarding limited the home to 90 feet from the front property line to the end of the home. She recalled Council indicating no to the question. Page 7, line 19 delete "Council agreed" and replace with "a majority agreed". Motion by Jacobson, Seconded by Trude, to approve of the January 23,2007 Workshop Meeting Minutes as indicated above. Motion carried unanimously. CONSENT ITEMS Item 2 Item 4 Item 5 Item 6 Item 7 Item 8 Item 9 Item 10 Approval of Claims Accept Petition/Order Feasibility Report/07-11/14259-7th Avenue NW Sewer & Water Extension (Rosella Sonsteby) (See Resolution R009-07) Order Plans & Specs/07-8/Andover Station North Ball Field Lighting (See Resolution RO 1 0-07) Approve Resolution/Speed Study/Butternut Street NW, 173rd Avenue NW & Flintwood Street NW (See Resolution RO 11-07) Accept Petition/Order Feasibility Report/07-13/13835 Underclift Street NWIWM (See Resolution ROI2-07) Approve Advertising for Vacancies/Coon Creek Watershed District Accept Quit Claim Deed/Kimberly Oaks/05-9/Drainage & Utility Easement Approve Raffle PermitlAnoka County Pheasants Forever Motion by Knight, Seconded by Jacobson, approval of the Consent Agenda as read. Motion carried unanimously. APPROVE HANSON BOULEVARD NW LIGHTING PLAN/04-23 City Engineer Berkowitz explained the City Council is requested to approve the Lighting Plan for Hanson Boulevard NW, Project 04-23. Motion by Trude, Seconded by Orttel, to approve the Lighting Plan for Hanson Boulevard NW, Project 04-23. Motion carried 4-ayes, 1 present (Jacobson). PRESENT BOND SALE (EHLERS AND ASSOCIATES) City Administrator Dickinson stated Mr. Mark Ruff or Todd Hagen from EWers & Associates, the City's Financial Advisor, was at the meeting to present the results of the City's sale of the following bond issues authorized at the January 16,2007 meeting. o 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 O 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 040 41 42 43 Regular Andover City Council Meeting Minutes - February 6, 2007 Page 4 Mr. Dickinson indicated the bonds were not sold. Mr. Mark Ruff made a presentation to the Council. Motion by Jacobson, Seconded by Knight, to approve the Resolution providing for the issuance and sale of $765,000 General Obligation Equipment Certificates, Series 2007 A, and levying a tax for the payment thereof. Councilmember Trude wondered if they are going to vote the Resolutions down. Mr. Dickir1son stated they are not. He stated the resolutions authorize staff to go out and work with EWers to secure a good sale. Motion carried unanimously. (R013-07) Motion by Jacobson, Seconded by Knight, to approve the 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. Motion carried unanimously. (ROI4-07) Councilmember Knight wanted to recognize Mr. Dickir1son and the financial staff for putting them in the position of the rating they have. HOLD PUBLIC HEARING/ORDER PLANS & SPECS/06-37/161sT A VENUE NW & CRANE STREET NW/INTERSECTION IMPROVEMENTS City Engineer Berkowitz stated the City Council is requested to hold a public hearing at 7:00 p.m. for the proposed intersection improvements for Project 06-37, 16181 Avenue NW & Crane Street NW. Councilmember Jacobson stated on the cover of the information that was sent, they were talking about the properties on the east side of the first phase of the new development and the letter should read on the west side of the development. Mr. Berkowitz indicated that was correct. Motion by Jacobson, Seconded by Knight, to open the public hearing at 7:30 p.m. Motion carried unanimously. Mr. Keith Rischer, 16157 Hanson Boulevard NW, stated he wrote a letter to the City. He explained that during the process Mr. Olmschied and he have kind of been a part of the MUSA and have been allocated the lots but they do not have any imminent plans to develop and did not buy the property with development in mind. For them personally, they do not have plans currently to develop but want this as an option to pursue in the future. He stated they are unable to give a development timeframe. o 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 O 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 0.40 41 42 43 Regular Andover City Council Meeting Minutes - February 6, 2007 Page 5 Mr. Rischer noted their situation is unique. When looking at this as a public assessment they are totally dependant on their end as to what Mr. Olmschied does with his property to the east of them. He stated when the Council looked at the option to make this a public improvement over the summer even though that decision impacted Mr. OImschied and him, they were not informed of the hearings and were unable to give a different perspective to consider a different way to fmance this versus a private versus a public form of assessment. He stated if they did go ahead with the public assessment over five years that would add up to twenty-six thousand dollars and after ten years it would add up to thirty-two thousand dollars, almost doubling the assessment. The problem he has with the way it is currently being considered is that if they made a decision to move for personal or professional reasons in a timeframe that Mr. Olmschied was not pursuing development, if they make this a public assessment, they will have this attached to their property and the bottom litie is that this will have to be paid without them receiving any benefit from it is a potential problem that he has. Mr. Rischer asked the Council to consider as another alternative to consider this improvement as a privately installed improvement versus a public improvement with reimbursement agreements with him and Mr. Olmschied. This would satisfy an equity and fairness issue that this whole thing represents. He is not opposed to paying for this improvement but he does not want to pay this until he would develop. Mr. Steve Olmschied, 1487 16181 Avenue NW, stated he is against the assessment as it is being proposed. He is not opposed to paying his fair share but he wants the same rights that have been given to the developer by being able to develop when the time is right for them and to be assessed by how many lots they do develop. They believe they should also have the right to sell their house and property to someone whose intent is not to develop but may at a future date and then be assessed at that time. Mr. Larry Emmerich, 1341 16181, stated what Mr. Rischer is referring to is a delayed assessment and he is concerned about the fact that ifhe sold his property the person who bought it would have to pay that assessment in order to purchase his property; therefore ifhe is not selling to a developer he is not realizing the gain. As an idea, his thought was that the assessment be delayed until the property is developed. Mr. Emmerich thought the feasibility report was well done but his major concern with it is the cost. . $272,000 paid by private property owners is a huge amount of money and although there is a $36,000 contingency in there, hopefully that contingency would not get used which in turn would reduce the cost. He agreed with what Mr. Berkowitz indicated that the study is based on the highest cost, being north side only. The other option is north and south which he calls the center of the road improvement and from looking at it from a cost standpoint, he thought that going with the center of the road, it would reduce that cost by as much as twenty or thirty percent due to a number of factors. When you go to the north side, you get into where you have to put up a $25,000 retaining wall, which would use up that contingency money. Cost is his major concern but his other concern is that it be a fluid moving intersection. If the intersection does not flow right, there will be traffic jams. He stated the improvement is needed but when the Council goes through and decides which option to o 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 018 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 040 41 42 43 44 Regular Andover City Council Meeting Minutes - February 6, 2007 Page 6 use, he asked that they look at cost as the number one issue. He would like to see that cost reduced from $272,000 to about $220,000 to $230,000 at the top. Councilmember Jacobson stated one of the owners to the west suggested Mr. Emmerich consider paying for the entire thing and having side agreements with them which he would hold until they chose to develop and they would pay him at that time. He wondered if Mr. Emmerich has talked about that with them. Mr. Emerich stated he did talk to Mr. Rischer regarding this and one of the big concerns is that this is over budget the way that it stands right now and is not something he can offer. He stated it is a good idea if it was a possibility. Motion by Knight, Seconded by Trude, to close the public hearing at 7:47 p.m. Motion carried unanimously. Councilmember Knight wondered what the ramifications would be if Mr. Rischer were to sell his property and the assessments were deferred but the property never develops. Does the assessment stay with the property indefinitely? City Attorney Hawkins stated under the Statute, if you chose to defer this, it would drop off after thirty years. The City would set the conditions but the Statute states payment cannot be collected after thirty years. Councilmember Orttel wondered what the total funding for this improvement is. Mr. Berkowitz stated the project would be assessed to the benefiting properties. It would be to the developer and the rest is assessed to the other properties. Councilmember Orttel stated if they were to defer this, they would need to fmd money from somewhere to contribute. Mr. Berkowitz stated that is correct. Mr. Dickinson stated the money would come from the Permanent hnprovement Revolving Fund. He stated the fund is there to fmance projects. Councilmember Orttel stated if they were to defer this, they would be receiving interest on it anyway so the fund would increase each year. Councilmember Trude stated one of the points that is unusual about this area of the City is that they have a little access capacity in their sewer line south of 161 SI. They had public meetings with all of the landowners north of 161 sl and those landowners were allocated the opportunity to have sewer units that automatically increases the land value substantially. Everyone participated in those hearings and wanted that. One of the things she has talked about to the landowner that called her is the possibility that the City have someone else pick up the assessment and then take the sewer units because if they do not want to develop, she did not think the taxpayer should have to pay for the road costs. She thinks the sewer units are very valuable and they have the developer to the east with everything already in place and for the cost of the extra lots, he would probably be willing to pay the City the money they need to do this County road improvement. They would be using their sewer capacity and these people could keep their rural lots but if they have a situation where they want to keep that ability to develop in the future then she did not think the taxpayers should have to pay the bill. She did not think there is any other way to do it than to do a deferment with a percentage but she thought it has to be done at the time of sale otherwise the City would not get its money. o 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 018 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 040 41 42 43 Regular Andover City Council Meeting Minutes - February 6, 2007 Page 7 CounciImember Jacobson thought that when there is an assessment on a parcel, whenever that parcel is sold, that assessment came due in full. City Attorney stated under the Statute, the City sets the terms of the deferral and under the Statute, they can designate an ending year or they can indicate it would be due when the property is platted or split or when improvements are constructed on it and he thought in the past they have indicated when the property is split and sold, the assessment came due. Mayor Gamache stated another thing that came up was the centering. He wondered if it is feasible to take a thirty percent reduced cost. Mr. Berkowitz stated because the improvements are for the benefit of the north property, they limited the impact to the south portion of the property. They have had several discussions regarding this. Mayor Gamache stated they usually estimate higher than what the cost comes in at. CounciImember Trude stated there was some discussion regarding private versus public improvements and she thought they already had legaIly begun this as public and she wondered if they are obligated to follow that method now. Mr. Berkowitz stated they have done private improvements but he thought Mr. Rischer was talking about private improvements with a reimbursement agreement, which is something they have not done before in the City. CounciImember Jacobson indicated he would be willing to look at a delayed assessment for this to a date certain to give them enough time to decide what they want to do with their property, which he thought would be ten years. Mayor Gamache thinks they have three options. One would be a deferred assessment, reimbursement agreements, which does not seem feasible, and the third would be if the landowners were to give up their lots for MUSA and sell to someone else and try to recoup the costs of the intersection through those sales. He wondered if this is something they could do because they would not be in the same location and would not be benefiting :Q-om the road improvement. City Attorney Hawkins stated they cannot subsequently assess for street improvements. The Council discussed the possibility of switching the sewer capacity to other properties. CounciImember Jacobson suggested they go ahead with the Resolution because they know they have to do the improvement. Allow them to draw the plans and before the assessment hearing, look at two avenues, the deferred assessment to a certain time and then the idea of selling the extra sewer capacity to someone else and ,if they could legally do that and how. Mr. Rischer stated he would like to make clear to the Council that they are not going to develop, the issue is a timeframe. He thought it would be unfair to remove the ability for them to develop just because they are not in the same timeframe to develop as Mr. Emmerich is. He stated their situation is unique that they are dependant on what Mr. 0 Imschied does. They are not opposed to having that potential to develop. Mayor Gamache stated they are not in the business to force someone to develop and he thought it sounds like the deferred assessment might be what they would want to do. o 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 018 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 040 41 42 43 44 Regular Andover City Council Meeting Minutes - February 6, 2007 Page 8 Motion by Jacobson, Seconded by Orttel, to approve the Resolution ordering the improvement of intersection improvements for Project 06-37, 161 sl Avenue NW & Crane Street NW. Councilmember Trude stated the ten year deadline would come due whether they develop or not. City Attorney Hawkins thought either or before ten years. Motion carried unanimously. (RES. ROI5-07) NPDES (NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM) PRESENTATION & PUBLIC MEETING/07-1 City Engineer Berkowitz explained 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. Mr. Kameron Kytonen discussed the staff report with the Council. Councilmember Jacobson stated they are also cleaning the streets more often so it does not go into the sewers. They are cleaning the ditches and rural areas and cleaning out culverts to make sure they are flowing properly. They are not just planting wild flower gardens. They are taking steps required by the Federal Government and it was mandated they to do this. Councilmember Trude asked what the two ordinance names are. Mr. Kytonen stated the fIrst one is "The Construction Site Erosion Control Ordinance" and the second one is "Elicit Discharge Detection". He explained both Ordinances to the Council. Mr. Berkowitz explained the "Dirty Thirty" to the residents and Council. Mayor Gamache asked if there was any public input. There was none. Mayor Gamache thanked Mr. Kytonen for all the work he has done and noted there will be updates in the future regarding this. CONSIDER WAIVER OF PARK DEDICATION FEE/LOT SPLIT/16425 HANSON BOULEVARD NW Community Development Director Neumeister stated the attached letter requests the park dedication and trail fees be waived for a proposed metes and bounds lot split. Councilmember Jacobson asked how large the lot is that is being split off. Mr. Neumeister indicated it is five acres. o 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 O 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 040 41 42 43 44 Regular Andover City Council Meeting Minutes - February 6, 2007 Page 9 Councilmember Trude asked if this would be due at the time of title transfer. Mr. Neumeister indicated this would be an administrative lot split so they would need that before they would sign off on the administrative paperwork. Councilmember Orttel wondered how many houses are on the property. Mr. Neumeister was not sure. Ms. Kay Aasness, 16425 Hanson Boulevard NW stated there is one house on the property. Ms. Aasness stated there were originally twenty acres and her former husband split them up. There are now ten acres with a house and they have met the requirements of the City for a five-acre lot split and are still in the process. Councilmember Jacobson wondered how Ms. Aasness has a landlocked piece ofland. Ms. Aasness stated her former husband sold part of the land to his brother who has sixty acres surrounding it. Ms. Aasness stated when she began this project she came to the City to inquire about what the requirements were for a lot split. She did not receive all of the information at once so she took the project piecemeal and she would have saved a lot of money if the information were presented to her in the beginning. She estimated she spent in excess of $1,500 more than the project, which is approximately $5,400 because she did not have all that information at first. Ms. Aasness stated this lot split is a result of a divorce settlement. She is a single parent raising three children and does not receive child support and possibly may not receive that in the future. Every dollar counts and is not discretionary to her. She noted she is planning to move and half of her income would afford a small two-bedroom apartment in Zimmerman. She asked the Council to consider waiving this. Councilmember Trude wondered if the house will be sold. Ms. Aasness indicated her former husband would retain the house. Councilmember Trude asked if Ms. Aasness' settlement is the vacant lot. Ms. Aasness stated she would receive partial proceeds from the five acres. She explained her former husband inherited the property and inheritance laws prevent it from being split for a settlement. Councilmember Jacobson asked if there is a purchaser for the property. Ms. Aasness stated there is not. They put the property on the market about a month ago and they are selling it for considerably less than market value to try to sell it quickly. Councilmember Jacobson wondered what the property is listed for. Ms. Aasness stated it is being marketed for $189,000. Councilmember Trude wondered if there is a way they could affix the fee to the parcels equally. Councilmember Knight asked if there is a precedent issue on a hardship case. City Attorney Hawkins stated they do not have any provision in their ordinance that talks about a hardship for a waiver of park dedication. o 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 O 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 040 41 42 43 Regular Andover City Council Meeting Minutes - February 6, 2007 Page 10 Councilmember Knight wondered if there is a legal way to waive this. City Attorney Hawkins stated he did not see anything in the ordinance as it exists now for this type of thing. Motion by Trude that park fees be assessed on this parcel if it is further subdivided. Councilmember Trude stated this way they are postponing it until a potential future lot split. That way they are deciding it makes sense for the City to wait to see if in the future it would be split again. Councilmember Orttel did not see there was a chance for a future subdivision. Councilmember Jacobson did not think there was a legal basis to not impose the fee; it is required. The motion was not seconded or voted upon. City Attorney Hawkins thought the deed could be held until the land is sold and then they could get the park dedication fees from the proceeds. Ms. Aasness stated if this will hold up the sale of the land, she would drop her request. City Attorney Hawkins stated the split does not need to come in for recording until the land is sold. Motion by Jacobson, Seconded by Orttel, to deny the waiver for the park dedication and trail fees for the proposed metes and bounds lot split. Motion carried unanimously. (RO 16-07) CONSIDER COMPREHENSIVE PLAN AMENDMENTIMUSA ADJUSTMENT/ANOKA COUNTY LAW ENFORCEMENT CENTER BOUNDARY Community Development Director Neumeister explained 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. Mr. Tom Dunwell from Buetow & Associates, Inc. and Sheriff Bruce Andersohn, Anoka County Sheriff's Office were at the meeting to answer questions. Motion by Knight, Seconded by Orttel, to approve the proposed Comprehensive Plan Amendment. Councilmember Jacobson asked if they have calculated the rate of the sewer and water that will be needed. Mr. Berkowitz stated the sewer will go through the City of Coon Rapids. It has been calculated by them and they do have sufficient capacity. Councilmember Orttel asked if that will be billed directly. Mr. Berkowitz indicated they have ajoint powers agreement on how they bill that. It will be the same agreement they have for that section of the City. o 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 O 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 040 41 42 43 44 Regular Andover City Council Meeting Minutes - February 6, 2007 Page 11 Councilmember Jacobson asked if water is available in the Highway Department Building and in that area. Mr. Berkowitz stated they are served with a single dead end stub. Councilmember Jacobson wondered if they will loop it. Mr. Berkowitz explained at this point they have a loop where they will require them to loop the building so they will have two different connections. To go all the way up to the Highway Department is not a requirement; they did suggest that may be a good idea for water quality but at this point the requirement is going to be to provide a loop around the entire building for fire protection. Councilmember Jacobson wondered if there will be more than one structure on the property. Mr. Berkowitz stated at this point there will only be one building. Councilmember Trude wondered if Anoka County will require the Sheriff's Department to help pay for some of the costs of upgrades to the roads around them. Mr. Berkowitz stated they will not contribute to the Hanson Boulevard reconstruct but will need to help with the 133rd upgrade. Councilmember Trude wondered if the conduit will be in place for the signal light but there is no timeline for a signal. Mr. Berkowitz stated the conduit will be put in through Hanson but right now it does not meet the signal justification requirements. Councilmember Knight wondered how many counties are anticipated to use this other than Anoka. Anoka County Sheriff Bruce Andersohn stated as it stands right now, it is a partnership between Sherburne, Wright and Anoka Counties and they also have a private partnership involving Hamline University. They hope to make this a teaching facility to provide for internships. Councilmember Knight wondered if there is a comparable facility on the north side of the cities. Sheriff Andersohn stated there is not and the partnership between them and the other counties and university is perhaps unique in the Nation and he did not know that it exists anywhere yet. Councilmember Jacobson thought it is important to understand that this will not be ajail. Sheriff Andersohn stated the size of the building is created by the fact that all of the sheriff's services, with the exception of the jail, will be moving under this single roof. There will not be ajail on site. Councilmember Jacobson wondered if in the future this facility could be expanded to include a jail to house prisoners. Sheriff Andersohn stated there will not be a jail in this facility in the future. They will have two small holding cells, which are designed for single occupancy while they wait for others or for them to be transported to jail. Motion carried unanimously. (ROI7-07) APPROVE RESOLUTION OF SUPPORT -REGIONAL FORENSIC CRIME LABORATORY City Administrator Dickinson explained they received a letter from Anoka County Sheriff Bruce Andersohn requesting Council support for a regionally based Forensic Crime Laboratory. o 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 018 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 040 41 42 43 44 Regular Andover City Council Meeting Minutes - February 6, 2007 Page 12 Motion by Jacobson, Seconded by Knight, to approve the attached resolution in support of a Regional Forensic Crime Laboratory in Anoka County. Motion carried unanimously. (RES. R-18- 07) CONSIDER CITY CODE AMENDMENT/DELETING CODE SECTION 12-14-6A.5 Community Development Director Neumeister stated this section of Code has been brought back with criteria added at the Council's request. Conditional Use Permits have three standard criteria 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 if the Council decides it would like to limit the Conditional Use flexibility to commercial and industrial zoning districts. Councilmember Jacobson wondered if a business conformed to four of the six items would that be sufficient or would they need to conform to all six in order to be approved. City Attorney Hawkins stated they don't necessarily require all of the six to be met when they consider conditional uses. They have the list very similar to this and some may be applicable and some may not. They would go through the list and if it violates one of them, it would not get permission but he did not think it has to meet the criteria in here because it may not be applicable. Councilmember Trude thought they may want to take some specific examples just to be sure because she is worried they might open the door to stuff they have not thought of. She explained it seems like this undid the chart and anything could go. Councilmember Orttel stated that is not his intent. His intent is that they have an ordinance that does not cover everything and it is for some trivial little matter that is part of an overall package and generally fits into that area. Councilmember Orttel thought they should have the Planning Commission hold the public hearing and come up with some more information. Councilmember Trude asked if the heading is accurate because it talks about it only applying to industrial and commercial districts. She wondered if that was intentional or in error. Mr. Neumeister stated it was intentional. Councilmember Trude thought the problem they were trying to cure was not cured at all. Mr. Neumeister reviewed with the Council how this issue came about. There was discussion between the Council and staff regarding the broadness of this item. Mr. Neumeister stated commercial needs to be better defined. He stated this is supposed to define all of the neighborhoods. o 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 018 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 040 41 42 43 44 Regular Andover City Council Meeting Minutes - February 6, 2007 Page 13 Councilmember Jacobson thought these uses needs to be defmed. He thought they should forward this to the Planning Commission to hold a public hearing and for refmement and then brought back again for discussion. Councilmember Trude thought this was better than where they were and she thought they need to have a strict code. CONSIDER CONTRIBUTION FOR 2007 ANOKA AQUATIC CENTER City Engineer Berkowitz explained this item is in regard to considering a contribution of $4,000 to the Anoka Aquatic Center for the 2007 swinuning season. Motion by Jacobson, Seconded by Orttel, to concur with the Park Commission to not contribute to the City of Anoka Aquatic Center for the 2007 swinuning season. Mayor Gamache stated the YMCA conducts swinuning lessons and he wondered how much they cost and how many people use the services and if you need to be a member. Mr. Dickir1son stated they do not need to be a member but services are off~red to members first and the fee is elevated to non-members. Councilmember Trude thought the biggest thing is swinuning lessons that are provided for their residents. Mayor Gamache wondered if they were approached from other places besides Anoka for reduced discounts. Mr. Dickinson stated they have not been approached by the County and the County does not offer discounts. He stated the YMCA technically has to be a membership based organization to maintain their 501(3) (c) status. They do offer some programs outside of that as part of their community outreach but it is not their priority. Councilmember Orttel wondered how they would feel if the City came to them with $4,000 and asked them to teach the Andover residents' kids to swim. Mr. Dickinson stated they may open the programs up more. He stated it would be offered to them. Councilmember Orttel thought they should approach the YMCA to see if they would be interested before they make a decision. Councilmember Jacobson withdrew his motion and directed staff to contact the YMCA to see if they would open up the swinuning lessons to Andover residents only at a reduced rate. APPROVE CONDITIONAL USE PERMIT/ON-SALE LIQUOR SALES/15190 BLUEBIRD STREET NW New Dragon II is located in Clocktower Commons. In ClocktowerCommons' SC-Shopping Center zoning district a liquor license is a conditional use. If the conditional use is approved for o 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 018 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 040 41 42 43 44 RegularAndover City Council Meeting Minutes - February 6, 2007 Page 14 New Dragon II, the applicant will be required to obtain Council approval of a liquor license under the terms of City Code Title 3. Councilmember Trude stated she was surprised they need capacity for 100 people to be able to get a liquor license in Andover. She thought in the future they will see a couple more strip mall restaurants in Andover because they are not getting stand alone restaurants and they do not have a lot of these in the City. City Attorney Hawkins explained he did not believe there was a 100 seat requirement for a wine license. Councilmember Trude wondered if the applicant wanted to do more than beer and wine. She thought it would be important to have that option. Councilmember Trude wondered if the Council would be open to revising this code. Mr. Dickinson stated he was not positive what the actual application is for. Councilmember Knight stated the minute they have hard liquor in an establishment, they will have a bar. Councilmember Trude was not so sure. She named off a couple of restaurants that have hard liquor without a bar. Councilmember Trude stated she would like to look at their Code so they could open up the opportunity to get more dining places in Andover that could have a full liquor license that does not meet the 100 people requirement and craft it as such where its focus is on dining. Motion by Orttel, Seconded by Knight, to table this item. Motion carried unanimously. The Council went on to the next case and then returned to this case to remove it from the table. Motion by Trude, Seconded by Orttel, to take the Conditional Use Permit off the table for consideration. Motion carried 4 ayes, 1 nay (Jacobson) Motion by Trude, Seconded by Orttel to approve the Conditional Use Permit. Motion carried 4 ayes, 1 nay (Jacobson) (R019-07) CONSIDER ON-SALE WINE LICENSE/NEW DRAGON II City Administrator Dickinson stated the owner of the New Dragon II restaurant has applied for an on-sale wine license. Councilmember Trude wondered if they could approve this and then look at their policy and then the applicant could pay a set up. City Attorney Hawkir1s indicated they could. Motion by Orttel, Seconded by Jacobson, to table this item. Motion carried unanimously. o I 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 0.18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 040 41 42 43 44 Regular Andover City Council Meeting Minutes - February 6, 2007 Page 15 Councilmember Trude thought they should have a copy of the permit when they get these items. She stated she was confused by the Planning Commission minutes. Mr. Dickinson stated the only thing the Planning Commission was dealing with was the Conditional Use Permit and that was because Clocktower Commons is a PUD and the Council wanted it to be very restrictive on dealing with liquor in that particular area. The other process of the license is administered through the Clerks office and by the City Council. Councilmember Trude stated when she reviewed the Planning Commission minutes, one of the Commissioners asked if the Conditional Use Permit was for only beer and wine and not liquor and spirits and Mr. Cross indicated he thought this was correct which was not a good answer. Mayor Gamache did not think the Planning Commission needed to worry about the liquor license because they did not have any role in it; they were only reviewing the CUP. Mr. Dickinson stated for the most part, the approval that was identified for an on-sale wine license, would be contingent upon a favorable report from the Sheriff's Department, which is standard. City Attorney Hawkins explained the City Clerk originally thought this fell under the liquor Ordinance which required a hundred seat restaurant in order to get the wine license and he looked at the wine ordinance and there are two separate sections in the ordinance. There is no requirement for seating for wine. Mr. Dickinson thought this was communicated to the applicant that he could not get a full liquor license and the applicant still wanted to move forward. Councilmember Trude indicated she wanted to take action on this item. Motion by Trude, Seconded by Orttel, to remove this item from the table for consideration. Motion carried 4 ayes, 1 nay (Jacobson). Motion by Trude, Seconded by Orttel, to approve the On-Sale Wine License for New Dragon IT contingent on a favorable report from the Sheriff. Motion carried 4 ayes, 1 nay (Jacobson). (R020-07) SCHEDULE EDA MEETING Motion by Jacobson, seconded by Trude, to schedule an EDA meeting at 6:00 p.m. on March 6, 2007. Motion carried unanimously. BOARD OF REVIEW Motion by Jacobson, seconded by Knight, to schedule the Board of Review for April 11, 2007 at 7:00 p.m. Motion carried unanimously. o 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 O 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 040 . Regular Andover City Council Meeting Minutes - February 6, 2007 Page 16 FEBRUARY WORKSHOP MEETING 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. Councilmember Knight indicated he could not make it on February 27. Motion by Trude, Seconded by Orttel, to reschedule the February Council Workshop for February 27,2006 at 6:00 p.m. Motion carried unanimously. ADMINISTRATOR REPORT City Administrator Dickinson updated the Council on the Administration and city department activities, meeting reminders, Hanson Boulevard NW Project update and miscellaneous projects. City Engineer Berkowitz updated the Council on the Hanson Boulevard reconstruction. MAYOR/COUNCIL INPUT (Community Center Committee) - Councilmember Trude stated Mr. Rudnicki may be interested in the opening on the Community Center Committee as the business person. (YMCA Summer Daycare Program) - Councilmember Trude stated she also noticed the YMCA is looking to expand their summer daycare program which relies very heavily on the City side of the building and she is concerned about that because of the impact on Andover users use the meeting rooms extensively during the day. Mayor Gamache stated as long as the YMCA is paying for the use of the rooms, he did not have a problem with this. (Rental Policy) - Mayor Gamache stated they have a sample rental report regarding their larger rentals and he thought it was very interesting. One thing they should look at is that Blaine is considering an ordinance change to their rental policy and he thought they should follow up on this. Motion by Jacobson, Seconded by Orttel, to adjourn. Motion carried unanimously. The meeting adjourned at 9:55 p.m. Respectfully submitted, Susan Osbeck, Recording Secretary o o o @ 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 20, 2007 INTRODUCTION Attached are disbursement edit lists for claims related to the on going business of the City of Andover. DISCUSSION Claims totaling $175,691.78 on disbursement edit lists #1 - #2 from 02/01/07 to 02/15/07 have been issued and released. Claims totaling $102,206.72 on disbursement edit list #3 dated 02/20/07 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. 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",,,, ..0 o. ,,- 0.... .. c_ .Q " , e ::>0 0<0 " ,,0 z "'0 ",,9 - 00 ... "0 ... ..c_ -< U-.o .. - <= Q t- Oi 0 0 t:' e 0 >. '" <= ~ Q", 0 - t- "'.... " "": 00 t- '" " '" lr"iv-i -.0 " .... -- 0 e '" '" -< ",' 2 ~ :! ;,; 0 '" ti - " .. " C..c t- '" ::>U " 0 c ~""' 0 c "" 0 ~ .- '" 0 = ::Eo.. " ~ .S ] ~~] ..coO ~ - ~ .. 0 us 0 c. .. ::> ~ .;: Q) ~E- .sz - "" " 0"" '" ... 0 E - 0 caca ::J '" " .. ..c Q)U)~ '0'0 ""' Q U >-6U E--E-- 0 0 .. "- "" 0 0 " .. ..c " U " .. " Ii E ::l Z > S- .. t..:~ ... 0 'c 0", U "".... .. c_ = "- ~ ... >"- o o o .~ 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 D. Berkowitz, City Engineer SUBJECT: Approve Plans & Specs/Order Advertisement for Bids/07-8/Andover Station North Ball Field Lighting - Engineering DATE: February 20, 2007 INTRODUCTION The City Council is requested to approve final plans and specifications and order the advertisement for bids for Project 07-8, Andover Station North Ball Field Lighting. DISCUSSION Plans and specifications have been completed for the lighting improvements. The lighting of two ball fields (westerly and middle field) has been identified in the Andover 2007-2011 Capital Improvement Plan for construction in 2007. 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 of lights for the middle field. These improvements are estimated to cost $300,000. 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 site. 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. Plans are available for review in the City Engineer's office. BUDGET IMPACT These improvements will be funded by Park Improvement Funds. ACTION REQUIRED The City Council is requested to approve the resolution approving final plans and specifications and ordering the advertisement for bids for Andover Station North Ball Field Lighting, Project 07-8. Respectfully submitted, CZl.ee Q ~ David D. Berkowitz ./ Attachments: Resolution o o o CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. MOTION by Council member to adopt the following: A RESOLUTION APPROVING FINAL PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR ANDOVER STATION NORTH BALL FIELD LIGHTING, PROJECT NO. 07-8. WHEREAS, pursuant to Resolution No. -07 , adopted by the City Council on the 6th day of Februarv ,2007, Wunderlich- Malec Enqineerinq, Inc has prepared final plans and specifications for Andover Station North Ball Field Liqhtinq ,Project No. 07-8 . WHEREAS, such final plans and specifications were presented to the City Council for their review on the 20th day of Februarv , 2007 . NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby approve the Final Plans and Specifications. BE IT FURTHER RESOLVED by the City Council of the City of Andover to hereby direct the City Clerk to seek public bids as required by law, with such bids to be opened at 10:00 a.m. , March 22 ,2007 at the Andover City Hall. MOTION seconded by Council member City Council at a reqular meeting this 20th and adopted by the day of Februarv , 2007 , with Council members voting in favor of the resolution, and Council members voting. against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: Michael R. Gamache - Mayor Victoria Volk - City Clerk o o o 69 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: DavidD. Berkowitz, City Engineer SUBJECT: Declare Cost/Order Assessment RolI/05-34/Bluebird Street NW & Hanson Boulevard NW/Intersection Improvements - Engineering DATE: February 20, 2007 INTRODUCTION The City Council is requested to declare cost and order preparation of the assessment roll for intersection improvements at Bluebird Street NW & Hanson Boulevard NW, Project 05-34. DISCUSSION The improvements of a three quarter intersection at Hanson Boulevard NW and Bluebird Street NW were completed in 2006. Staff provided an assessment worksheet to all parties involved for their review. Letters have been received from HealthPartners, Branch Development, LLC (Lakes Conoco Andover) and McDonalds USA (letters are attached) that state they have reviewed the assessment worksheet, agree with the assessment amount and therefore are willing to waive the assessment hearing for the project. Letters are expected the day ofthe Council meeting from BDT Land Holdings and BDT Holdings. That information will be provided at the meeting. The total project cost for the three quarter intersection improvements at Hanson Boulevard NW and Bluebird Street NW is $299,292.24. The U.S. Post Office was contacted again and they are not willing to participate in the cost share. The final assessments are as follows: HealthPartners Services: Branch Development, LLC (Lakes Conoco Andover): McDonalds USA, LLC: BDT Land Holdings, LLC (Lot 3, Block 1 Andover Clocktower Commons): BDT Holdings, LLC (Lot 4, Block 1 Andover Clocktower Commons): BDT Holdings, LLC (Lot 5, Block 1 Andover Clocktower Commons): $49,882.04 $49,882.04 $49,882.04 $49,882.04 $49,882.04 $49,882.04 BUDGET IMPACT The entire cost of the improvements (construction and expenses) will be assessed to the properties identified above. o o o Mayor and Council Members February 20, 2007 Page 2 of2 ACTION REOUIRED The City Council is requested to approve the resolution declaring cost and directing preparation of the assessment roll for intersection improvements at Bluebird Street NW & Hanson Boulevard NW, Project 05-34. Respectfully submitted, 0~/;J. , David D. Berkowitz ....-: ,/./ Attachments: Resolution, Assessment Worksheet & Letters cc: Tom Roberts, BDT Holdings, LLC, Tom Roberts, BDT Land Holdings, LLC Ron Vanelli, Olvan Properties, P.O. Box 67, Forest Lake MN 55025 Barbara Reinhardt Vraa, HealthPartners, 8100 34th Ave. S, Bloomington MN 55425 Craig Barnes, McDonald's Corp., 1650 W. 82nd Street, Suite 900, Bloomington MN 55431- 1442 o CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. MOTION by Councilmember to adopt the following: A RESOLUTION DECLARING COST AND DIRECTING PREPARATION OF ASSESSMENT ROLL FOR THE IMPROVEMENT OF INTERSECTION IMPROVEMENTS AT BLUEBIRD STREET NW & HANSON BOULEVARD NW , PROJECT 05-34. THE CITY COUNCIL OF THE CITY OF ANDOVER HEREBY RESOLVES: o WHEREAS, the expenses incurred or to be incurred in the making of such improvement amount to $ 299.292.24 so that the total cost of the improvement will be $ 299.292.24 1. NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Andover, MN: The portion of the cost of such improvement to be paid by the City is hereby declared to be $ 0.00 the amount to be assessed against benefited property owners is declared to be $299.292.24 . 2. Assessments shall be payable in equal annual installments extending over a period of JL years. The first of the installments to be payable on or before the 1 st Monday in January 2008 ,and shall bear interest at the rate of 5.5% percent per annum from the date of the adoption of the assessment resolution. 3. The City Clerk, with the assistance of the City Engineer shall forthwith calculate the proper amount to be specially assessed for such improvement against every. assessable lot, piece or parcel of land within the district affected, without regard to cash valuation, as provided by law, and she shall file a copy of such proposed assessment in her office for public inspection. 4. The Clerk shall, upon the completion of such proposed assessment, notify the Council thereof. MOTION seconded by Councilmember City Council at a reqular meeting this20lh Councilmembers and adopted by the day of February ,2007, with voting in favor of the resolution, and Councilmembers voting against, whereupon said resolution was declared passed. CITY OF ANDOVER o ATTEST: Michael R. Gamache - Mayor Victoria Volk - City Clerk o FINAL ANDOVER ASSESSMENT WORKSHEET Project Name: Hanson Blvd & Bluebird Street Feasibility Report June 21, 2005 Contract Award Final Construction Cost Streets and Restoration Final EXDenses Engineering (Design, Inspection & Staking): Aerial Mapping (1% of street) - (N/A County Road) Drainage Plan (0.3% of streeUstorm) Administration (1%) Assessing (1%) Bonding (0.5%) Recording Fees I Legal & Easement Advertising Permit and Review Fees (ACHD, NPDES, CCWD, etc) Street Signs (Materials and Labor) Material Testing Construction Interest City Costs Total Final Expenses o Expenses Multiplier Final Project Cost Total Amount to be Assessed Total City Cost HealthPartners Services, LLC (15245 Bluebird Street NW) Branch Development, LLC (Andover Conoco 15246 Bluebird Street NW) McOonalds USA, LLC (15232 Bluebird Street NW) BDT Land Holdings, LLC (Lot 3, Block 1 of Andover Clocktower Commons) BDT Holdings, LLC (Lot 4, Block 1 Andover Clocktower Commons) BOT Holdings, LLC (Lot 5, Block 1 Andover Clocktower Commons) o Project No. : 05-34 Amount: $302,677.66 Amount: $ $ 241,502.03 Amount: $ 241,502.03 $ 43,470.37 $ $ $ 2,415.02 $ 2,415.02 $ $ $ $ $ $ $ 1,617.00 $ 7,872.80 $ 57,790.21 23.9295% Amount: $ 299,292.24 $ $ 299,292.24 $ $ $ $ $ $ 49,882.04 49,882.04 49,882.04 49,882.04 49,882.04 49,882.04 o o o ~'U'..: ~lffi HealthPartners$ Corporate Office: 8100 34th Avenue South Bloomington, MN 55425 www.healthpartners.com Mailing Address: P.O. Box 1309 Minneapolis, MN 55440-1309 January 31,2007 Mr. David Berkowitz City Engineer City of Andover 1685 Crosstown Boulevard NW Andover, MN 55304 RE: Assessment for improvements @ Bluebird SL and Hanson Blvd, Dear David, We received your worksheet summarizing the County's final cost to construct the improvements at Bluebird St. and Hanson Boulevard in Andover. We find the cost to be consistent with the estimates provided in June and July, 2005. Based on the final project cost of $299,292.24, we understand HealthPartners' assessment will be $49,882.04. We request this assessment be spread over the eight (8) year term with annual payments of $7,874.58. Please consider this letter our agreement to waive the assessment hearing. Thank you again for your help in securing these highways improvements. If you have any further questions, please call me at 952-883-5311. 7k arbara Reinhardt Vraa HealthPartners Manager, Real Estate OW' mission is to improve the health of our members, our patients and the community. :...<iii!:- o o o 02-02-2007 15:27 "",.. LAKES CONOCO ANDOVER 15246 Bluebird Street NW Andover, MN 55304 Phone: 763-413-8900 FAX: 763-434.7788 City of Andover 1685 CrosStown Blvd. N, W, Andover, MN 55304 Attn: Dave Berkowitz Dear Mr. Berkowitz, PAGE: 1 (conoco) February 2, 2007 Upon review of the assesstnent worksheet and breakdown for the intersection improvements at Bluebird St, NW & Hanson Blvd, NW, I am willing to waive the assessment hearing. Sincerely, CJ{on o/annefli o ~~ 'Mcaont~ Midwest Region Restaurant Development Phone 952-884-4355 Fax 952-885-4769 January 24, 2007 David D. Berkowitz City of Andover 1685 Crosstown Blvd NW Andover, MN 55304 RE: Waiver of Public Hearing Dear Mr. Berkowitz: McDonald's USA, LLC has reviewed the City of Andover Final Assessment Worksheet for the Hanson Boulevard and Bluebird Street Intersection Improvements City Project No. 05-34 and agrees with the assessment cost schedule. McDonald's is therefore willing to waive the public assessment hearing. The Assessment Worksheet, No. 05-34, as prepared by the City of Andover is attached as reference. Sincerely, th7" tf~ Craig Barnes Real Estate Manager o McDonald's USA, LLC 1650 West 82nd Street Suite 900 Bloomington, MN 55431 o @ 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: Jason J. Law, Civil Engineer ill SUBJECT: Approve Plans & Specs/Order Advertisement for Bids/07-2/2007 Overlays - Engineering DATE: February 20,2007 INTRODUCTION The City Council is requested to approve final plans and specifications and order the advertisement for bids for Project 07-2, 2007 Overlays. o DISCUSSION As part of the City's ongoing street maintenance program, each year the streets in the most need of repair are reconstructed. The areas identified for reconstruction this year are Woodland Ridge, Indian Meadows 3rd Addition, and Kelsey Estates. A feasibility report was previously prepared for this improvement and was submitted to the City Council at the December 19, 2006 City Council meeting. The project identified consists of milling the existing bituminous, shaping the gravel, constructing concrete curb and gutter and placing a new layer of bituminous for the aforementioned developments. The properties that benefit from the improvements will be assessed 25% of the total project cost as identified by the City's Roadway Reconstruction Assessment Policy. This project is included in the City's 2007-2011 Capital Improvement Plan. The total project cost is estimated at $1,084,456.76, The City's portion is estimated at $813,342.56 and the assessed cost would be $271,114.20. The estimated City cost and assessment rates per unit from the feasibility report are as follows: Development Total Assessment City Cost Woodland Ridge: $122,831.44 ($4,913.26/unit) $368,494.31 Indian Meadows 3rd Addition: $ 67,778.05 ($5,213.70/unit) $203,334.15 0 Kelsey Estates: $ 80.504.71 ($5,366.98/unit) $241.514.10 Totals $271,114.20 $813,342.56 o Mayor and Council Members February 20, 2007 Page 2 of2 The public hearing for the improvement was held on January 16, 2007. BUDGET IMP ACT The street reconstruction project shall be funded from the City's Road & Bridge Fund and 25% of the total project cost shall be assessed to the benefiting properties. ACTION REOUIRED The City Council is requested to approve the resolution approving final plans and specifications and ordering the advertisement for bids for Project 07-2,2007 Overlays in the Woodland Ridge, Indian Meadows 3rd Addition, and Kelsey Estates developments. ai?ittoo, o Attachments: Resolutio~ Project location map( o o CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. MOTION by Councilmember to adopt the following: A RESOLUTION APPROVING FINAL PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR PROJECT NO. 07-2 ,FOR_ 2007 OVERLAYS IN THE AREA OF WOODLAND RIDGE. INDIAN MEADOWS 3KU ADDITION & KELSEY ESTATES WHEREAS, pursuant to Resolution No. 007-07 , adopted by the City Council on the 16m day of January , 2007 , the City Enqineer has prepared final plans and specifications for Project 07-2 for 2007 Overlavs WHEREAS, such final plans and specifications were presented to the City Council for their review on the 20th day of February , 2007 . NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby approve the Final Plans and Specifications. o BE IT FURTHER RESOLVED by the City Council of the City of Andover to hereby direct the City Clerk to seek public bids as required by law, with such bids to be opened at 10:00 AM , March 28 , 2007 at the Andover City Hall. MOTION seconded by Councilmember City Council at a reQular meeting this 20th Council members and adopted by the day of February , 2007 , with voting in favor of the resolution, and Council members against, whereupon said resolution was declared passed. voting CITY OF ANDOVER ATTEST: Michael R. Gamache - Mayor o Victoria Volk - City Clerk CITY OF NDOVE Capital Improvement Plan Project Name: ANNUAL MILL AND OVERLAY (2007) WOODLAND RIDGE LEGEND N w.' s Location Map ~ ~ o Right of Way Lots/Parcels Water Park City Limits o , 360 720 1,440 , Feet CITY OF NDOVE Capital Improvement Plan Pr j ct Name: ANNUAL MILLAND OVERLAY (2007) INDIAN MEADOWS 3RD ADD. & KELSEY ESTATES LEGEND w.' s Location Map Right of Way Q LotslParcels Water dlI Park o City Limits o , 320 640 1,280 , Feet o o o @ 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 D. Berkowitz, City Engineer SUBJECT: Approve Hold Harmless and Easement Encroachment Agreement/14248 Woodbine Street NW - Engineering DATE: February 20,2007 INTRODUCTION The City Council is requested to authorize the approval of a hold harmless and easement encroachment agreement with Douglas & Stacey Schiro, property owners at 14248 Woodbine Street NW. DISCUSSION In 2005 the property owner at 14248 Woodbine Street NW (Douglas & Stacey Schiro) had a retaining wall constructed within a drainage & utility easement which contains a buried storm sewer pipe. Staff has been working with the property owner to resolve this issue. Typically retaining walls are not allowed in such easements due to access requirements and maintenance needs by the City. The retaining wall permit process, which was implemented in 2006, will eliminate future encroachments .such as this. By entering into this hold harmless and easement encroachment agreement the property owner agrees to cover all expenses due to damage and/or removal of improvements (retaining wall) that are within the easement. Staff has reviewed the request and recommends approval. ACTION REQUIRED The City Council is requested to approve the hold harmless and easement encroachment agreement with Douglas & Stacey Schiro, property owners at 14248 Woodbine Street NW. Respectfully submitted, Cl,./20 ~~ David D. Berkowitz . ./ Attachments: Hold Harmless and Easement Encroachment Agreement cc: Douglas & Stacey Schiro, 14248 Woodbine Street NW, Andover o HOLD HARMLESS AGREEMENT AND EASEMENT ENCROACHMENT AGREEMENT ;"'A _I ....1 t . /-- THIS AGREEMENT, made this .;... f - . day of ')<'10, v~: V"";l ,2007, by and between ~j-:;:../. q /'4 -) ,1' "')lvH(' y' 7~ A ;,-0 (property owner), owner of I said property noted below (hereinafter "property owner") and the City of Andover, a Minnesota Municipal Corporation,. (hereinafter "City"). WHEREAS, ;"-::;J.--j/~~j' J..- ~'(2-lC.i?>/ j;;-;:/'rc: (property owner) is the fee owner of / ?'2,.'f] '~j)(c://b;'1{-7 7f- (address), Andover, MN; and WHEREAS, drainage and utility easements exist throughout the property; and WHEREAS, '/'~""'/;/~1' ,;..-5.;k;cC,Y ~A;,~c (property owner) understands. /' that a retaining wall (hereinafter "improvement") encroaches into said drainage and utility easement; WHEREAS, the City is willing to acknowledge and agree to an encroachment of the drainage and utility easement for said improvement assuming certain conditions are o met; o / / ~ ....') / -:/' l/--'/ . WHEREAS, />0'"7:1.//75.f-) 1z::Le'y le/")l I(~(property owner) is aware the /' ,.' area is for drainage and utility purposes and has a buried utility within the easement and acknowledges that access, maintenance, repair and/or replacement of the utility may be required in said easement resulting in removal of the ilIlPIQve!Dent;__~____~ . -~~~.._-_._-~~-- NOW, THEREFORE, in consideration of the foregoing and the City's consent and approvaj, to the encroachment on~o the drainage and utility easement, -j / /- ,// ;>-2::<-r,t/45 ,.J.-' :5:/t1tC-r' :SC/7;~C'" (property owner) hereby agrees to hold the I' City harmless and indemnify the City from any and all liabilities, and defend against lawsuits, expenses, damages, acts or fai~!-lres to ac~ attorney's f~es and court costs, which may arise as a result of -;.~:.i -'7/:::::') ,F /<;1:14:;/ 7:/7,- '<:,> (property ~- / . owner) or their successors in interest constructing and maintaining said improvement upon the utility easement of the City, Furthermore, the City not be held responsible for any damage to said improvement constructed on the City's easements if they are damaged or destroyed as a result of the City exercising its rights to access, excavate, repair, construct or maintain any public improve':!lents wit~in said easerpents. City. may require evidence of insurance from ..~:.~:"~.;~ ,.1 -1tf.1c( f/ ;;;'7; vz; (property owner) to cover the indemnification required herein. o .IN WITNESS WHEREOF, the parties have hereunto set their hands this day of ,2007. CITY OF ANDOVER, a Municipal Corporation By: Its: City Clerk By: Its: Mayor Occupant STATE OF MINNESOTA ) ) S5. COUNTY OF ) On this day of ,2007, before me, a notary public within and for said county, personally appeared and to me known to be respectively the Clerk and Mayor of the City of Andover, and who executed the foregoing instrument and acknowledge that they executed the same on behalf of said City. o Notary Public STATE OF MINNESOTA- )~------ ) ss. COUNTY OF ) d.fvv.;..tt/ , 2001. before me, a notary . naiiy appeared for ,..,. / ~. (occupant). /1 !) ( fVJ r-()/) l ~/l./~\U~ vt c tL.e~~ Notary Public J ' This instrument was drafted by: City of Andover CANDICE L. FIEDLER Notary Pubtic-Minnesota MyCommlsslon ElcpiJBBJen31. 2011 This instrument is exempt from registration tax and recording fees under Sectio Minnesota statutes. G:IDATAISTAFFlRHONDAAIFORMSIHOLD HARMLESS AGREEMENT.doc o o o o e!) 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 CC: Jim Dickinson, City Administrator David D. Berkowitz, City Engineer FROM: Jason 1. Law, Civil Engineer III SUBJECT: Order Plans & Specs/07-3/2007 Crack Sealing - Engineering DATE: February 20, 2007 INTRODUCTION The City Council is requested to order the improvement and direct preparation of plans and specifications for 2007 Crack Sealing, Project 07-3. DISCUSSION The street crack seal program is an effective street maintenance technique utilized to protect and prolong the life of the City's street infrastructure. The crack sealing program divides the City into nine separate maintenance zones. Each year the streets in one of the nine zones are targeted for crack sealing, which is then followed up the following year with a seal coat. The 2007 Crack Seal area is shown on the attached map. BUDGET IMPACT The 2007 Crack Sealing project has been identified in the City's 2007-2011 Capital Improvement Plan. The funding for this work will be from the Road & Bridge Fund and the Construction Seal Coat Fund. ACTION REOUIRED The City Council is requested to approve the resolution ordering the improvement and directing preparation of plans and specifications for Project 07-3, 2007 Crack Sealing. Respectfully submitted, H~ Jason 1. Law Attachments: Resolutio;;;; Location Ma( o o o CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. MOTION by Councilmember to adopt the following: A RESOLUTION ORDERING IMPROVEMENT AND DIRECTING PREPARATION OF PLANS AND SPECIFICATIONS FOR THE IMPROVEMENT OF PROJECT NO. 07-3 FOR THE 2007 CRACK SEALING . WHEREAS, the City Council is cognizant of the need for the crack sealing improvements; and NOW, THEREFORE BE IT RESOLVED by the City Council to order the improvement of 2007 Crack Sealina , Project 07-3; and BE IT FURTHER RESOLVED by the City Council to hereby direct the ~ Enaineer to prepare the plans and specifications for such improvement project. and adopted by the day of February , 2007 , with MOTION seconded by Council member City Council at a reaular meeting this 20th Councilmembers in favor of the resolution, and Councilmembers voting against, whereupon said resolution was declared passed. voting CITY OF ANDOVER ATTEST: Michael R. Gamache - Mayor Victoria Volk - City Clerk n. C 1 T Y 0 F.... 2007 Cracksealing(C.P. 07-03) ~ ~ :r\NDOVE~ - I ncorportated 1974 North Half of Zone 6 J U ~ I-- f-'- f-'- II - Ji - -, ......j 0 H- e- - I-- I I --~ -L-.J '-- l II ~~ .-{ J1 ~ ?" . '" "'1111" - '."'y,," / /1 =i " I - ~ J I ~( 1rY"1 I ....-:;:p .~.~ \( ~ BIHiI II LEGEND 'V Crackseal Area Q Lots/Parcels Water 0 0 Q I City Limits Page 1 of 9 . I I L - ~ r" J L I ---1 . ......l ~" :/ n- _...J~ W~~E s 1,250 2,500 Feet u I -L .J +-- ---- - - I-- I ~ ... I- ':. --?;:-: f:I--i ~0' Location Map 5,000 I r/~ ~~ J;E to! (~"" VFa' ~ ~ lln -=R~ :~'l' e{.... ~~ ~ rJ'J.J I-L ~ ~~, ~ ~ _;t'- ') / /) ~~~ H\~ ~ p~$ 'G.\ ,(' ~ "'-" I ../~! I ~ rqi~ () 'f\NDbVE~ I ncorportated 1974 111I i1lZ7l~ ",,~~:;,;~ ~ J. / ~' ,t\.' /YrY bJ~:t; ~~~ C~ ;1~ ~\? " "."' K X".x"~ <-0-.. ~ f-)j ;Y Rt--'. 8 .-.t ,~~I.m~lW 1~l'j11~ n - II - II IW ~..,II "~' =ll~ ~; '0< III LEGEND ~ CracksealArea Q Lots/Parcels Water C > Q City Limits Page 2 of 9 2007 Cracksealing (C.P. 07-03) South Half of Zone 6, Woodland Oaks, Red Pine Fields, Shady Oak Cove, Maple Hollow, Prairie Cove, Chesterton Commons North, Oak View Park, Cambridge Estates 1 st, Chesterton Commons 1st-4th, Sophie's Manor ,. IIH-JII........--A'" 1/1!/ .,.! Ri~. I-- ...J F.I-- ~ 1~ (,~'- ~ . .. ~ 1"1'11'= :y - ~ ,,,,,t~ ~ j T .... - ,~ L -'- j- 1 -=", I('" R~ ~ c-- d/"j r=- ~-X\ r H .tf- ~r- I iiF- r- I IIII I I I r= ~"I' ~~f. .' I ~../ " ~ I -"- 'f!f-- ., ........... "" ~: ~..J._- f--..- '1--.... V I I 4~ ~ I I ll- I 1/ f-1 -ll ~'\;- - I c - -"'(;,l';';"l'.\-" . f] /r- I'-. '- *~ " \ , w..-..... '.. F ...".- . s Location Map ,../ ~ ~~ tn -"~~ :: (~'" Vf ~~ ~n I" !=;;ITW';- ~J ~J1;;: ,,' ~~-,," 1C~~ /+. 'All o , 1,000 2,000 4,000 , Feet :j ~ r-),...., \" l E G E N 0 " ~ ~ Crackseal Area w-; ~E Q Lots/Parcels s Water 0 550 1,100 4> Q I City Limits Feet C) ~, ~... 'NDbVE~ 2007 Cracksealing (C.P. 07-03) Incorportated 1974 Grey Oaks, Woodland Estates 2nd, Woodland Estates 4th W.:::;yl", '.., -u- \~,\<;~ / ..............-~~'-l~ :,--1..-' n .v.s....,: RIDGE I IT", t=i 1= f--" _~,~~"'r\.> t::f H. '- =t:: ,.,.,,',... ,.,,'., --'- SA' F ~ L t!.! 'f 1\ III ..\,,\,,~. "if'''' ;;: /Y'fY> :? <J....f...A/ z Iiml ~ ,or; :-::::::::J ~ ~ \ I!~ ,.~~;~ I o o ~\ I I'TI- I - _ 11-1 ;=; . ^~t=,~ ~.. , _ L.l-F\>X w. ~t~ --{ (:::] I ,}U,', \ ,', I /..-!( 1 e.;,", ,. i ~ -.Ji' I ,I) ,~c\)j- ~ II III ~/^" ;' NIGHTINGALE ~1~- . ''l [FSJ:J,ES /T~~fES\ .. .. ./....- "'( . "'.....-.- I- , I V"He')7'.1Y'\1- f- I- :. M.,..1~'''''''w;,~5~; ~ "', H01 "'",< - "\ l.. ~I~ >- c/ .1"V) - H I I I r 11m v NIGHTINGALE ESTATES 2ND ADp. -';'''.,:"; NIGHTINGALE EsTATES :::J / 2: l- I I ,~ ~ T" l- '" '- T , m ,= -"'-, / f.... \ 1/ II 1111/(\"'\ ---',.)--.. >-... ."""""" ".,........,-{' ~ ~: p3i, ii~ \..,:,:,0 - -LJ I , ittJ,. .,.- - 't = I JJ;;;JA~~ -; ~ ~?} ~R\\\:.~.. -'=I~l I Location Map 2,200 I ~ ~..l4n ~ ~ . J.W~ ~ ,,- vI' ~. .~ "- J-. L'f" j<:;" III ~J*J'~ " ~ J, IJJ b,L , ?~ ~ > 'lb-~ ~ L ~ p~ Page 3 of 9 CITY OF NDOVE 2007 Cracksealing (C.P. 07-03) I ncorportated 1974 Lunds Evergreen Estates, Foxburgh Crossing, Nature's Run, Crosstown Meadows bkslNJ.rdN ~) "" rTATEs ~~' 'hA.;;.::~~ r ~~~~es I ,// ~f- '-. /-,(J" ~~, v ," *~.\ I- ~~';-- ,"<f3.'i~~ J~f1ApY '~ :.: KNQL~ ~ ADD, 0' ~ J,,- l'iJ ":::: / ~ fC ~ / ~~s- ~ f- ~ t:J ,,' +:~~~~ ~is.' "'" " // ~,' , '2, +f"'~*,<J 'WN ~ ~'ljl -'pot"'" " ws ) ,), I i'Sf^:E;H:: . _~~~ot"O ,r,~ ,,~ctitT 'Tl( ~ " ~o/',.,~,:*,I / L r-f."/ ~a~.{~":~'-O"'- r-\J , r-l'<<<~ ~~i~ f-.. / / 11TT\ ~" I I I " '1,.VA <.....,,'>, ."~:O {j (f.,-!) ~) J I 1,,'4 I,} U ~DJ ~ ~tHHmBE ~ I- TrrTn ~ =:'1 1-1-"\./1 1--0 - - ",-- -'" ~~"""'. l~ ~' f- I' "\ 1 Jt- l- =" Y "'-r-v,,---~ '-- t-- L~ >.s - r--;;o?- ~ ,., - 1#1,,'<-"'- 1-----' ~~ , I-- '~-"".s" .., I~.:::: ~ I ~ ~ ==:- - \ '\ ~ ~ -f-JI- U/ r- 'lJ - - ~ .f? :J) t;-c/f''' 'f .~; " / - '" J :FqXB.URG.H I CROSSING '--- , - II ",I- /V <2ill~~ ',1~ ~ IT I N LEGEND " /~ W~E S Location Map Feet 1,840 , r-/~ ~~-<'~ & j1f L, (~" v~ ~ :.g 1 "t l{ l;n "" R ~ lL - I ,} jt ~'1 ~..,c'" ~ ~ . l rc { $t~~] 1-~ ~t! ~ .~ ~ ~ Crackseal Area Q Lots/Parcels Water Q City Limits o , 460 920 Page 4 of 9 N:DbVE~ 2007 Cracksealing (C.P. 07-03) Village at Andover Station I~ ...\,~ :=4 "\ \ ,,~f-- '.\-1 ~D9Al\~'-- I~ ( H L MANOR~.O- r---- r ~ I ,6TH ADD l I I I C) Incorportated 1974 I:;; 1:5 IV ~ ( I I I ]t I~ 1-::- I~ It- AND_OYER OMMERCIAL II c>;2L= ~Ne~{K-N I ST-3RDADD- _ I ~& ~= 70 y I c" I Q '/ $ LEGEND ~ Crackseal Area Q Lots/Parcels Water City Limits C) Q Page 5 of 9 / BUNKER LAK.E tjLVL ) -' AIIOYER STATION ~ ~I~ ~ 6~~~\.O EEEB I~~Y~~~~S~~ EEEB ttJ,~9!'" "- -~dm )/ EEEB/ ~~ tj1i m m \'<0> ~ON PKWY Ljj II!/; / -" ~'IT~9El - JJJ ~T:mDbE~REEK'WEST ~ \ I I I l~,ii'}c. "'J / I I I~ l' I 5TH-,-ADD PHE~SANT /1 :iil (;:[(1\1 \___ I I' -" -'" 0A !- Alt.E:.\ ,--I~ ~A.J?ors/ I-- ---~~RFE!<- ~= -I~~~%~\ = ------.~ST.2~q.ADD- ;5_ -'S G :'U.T>--l AI '1= _ 121 "'\- C2 --;;..,,~ 9') /1 ,.. S>.", t" r- " ~\ "'- ' , \.., l'L E .,..'- ......... , s Location Map -'1. ~h! ~~ --{v (~ "v~ ~ ~ !...in "R" 10 , ' ~Jffi, },(;:~1 l r II[ it bd.,- i( ':-' J:4f 1= \ "'.{, ~ "- ~ p~ . o , 270 540 1,080 , Feet ~) ~NDbVEI4 Incorportated 1974 R\~ I III :OUNTY RD 116 C~ LEGEND ~ Crackseal Area Q Lots/Parcels Water 0 (j Q , City Limits Page 6 of 9 2007 Cracksealing (C.P. 07-03) Aztec Estates V \ ~=,~ "-- " Ix <' I~- - I I 143 (LJ AVE - - - - /( - ~ / /'- '5.~ -\V ~~ . ~<$,~~ [); '&~ \ ... ("mmOJ ~~ G\>~t '.... ~Y>.~tS><:) If ~? "~~i ~ 14QTH U'i \---.-11 ~AN~] I---- ~ AJ -\~I/ -- I ~; \vo~ ~ :!J r---t- --- r--. AI ! T ::r h- '-' :!..\(r- NORTHGLEJ \ \ ,'(4TH'Aiml- I I I I \ r-- r-- '", , ( I I , N __-...Jk W~~E s Location Map r~-c~ ~ :~ ~ (~" ~,;:rj - /- ~n "R ~ ~ r ~J*. ).,1 ~~ < 1. "IJS ll~" \'lI1lil.' ..-c' <( r~l iliE ''":~. . ~ ~ ,;~ ~\ 285 570 1,140 I Feet . ~ ~ ~NDbVE~ 2007 Cracksealing (C.P. 07-03) Incorportated 1974 lakeridge and lakeside Estates .- - y -< \-- . 0 I r1 ~ gl "157TH A\.:~ I I r-- I - l Q - IJr I 14 NORTH'I::' >:' , ~.! ~ ! ~I",~ f---- - ~<yo l"y, I / / /. ~<y. ~ - - ~~ ~ "'" C~r- f-- L^f:E rl ~ p ~ ~~ h I I ~ > --.. :..J V ESTi ti) I w ~ ~ <: (/ ....l n KADtl:C ~ II w.; ESTA1E~ . 7; t ........~ ~~,,~.G. L E G E N D " Location Map ~ " \, ~ Crackseal Area \"/'" .. E ,"" ~ ':f~ -~ k - K, ~ r ....._" ' Q Lots/Parcels s l~" v~ B ~ r~ ~n " I )C; i'>L Water 0 460 920 1.840 ~Ji'Ii ""'>-'~~~ J, , ~ :g Wb" ~I>,:\ "~. ) Q , , -lb,{- City Limits Feet cj "i o:~ Page 7 of 9 ),-.", . ~NDbVER$ 2007 Cracksealing (C.P. 07-03) ) Hunter's Hollow, Lunds Evergreen Estates 5th. 168th Ln. Incorportated 1974 Hugh's Industrial Park, and 164th Ln ~j LLsEVELL C~ "' D I '" II ESTATES STH LUNDS LERGRE~ ) J--- " , ESTATES 41H f-- jf~7TM i'- c;J v .- .. r1 ~, ~l 1:/ r:-\J~';iE" A E":~,..-n;5 j ~\(,,,1).oJl ,. Jl- I ,.. HOLLOW " ~ :-----.- ) ~ ~~ ~~, \ -- ~; i i.'.c..'f .; i N f--- ~VER HOLLOW :---- f--- ," , 2 MEADOWS ,~., I)~ \ '\. "\'>~lr" 1-1 ~~, Y:: '~ / 0 )~ Z ::J 2 " N ~~- l &9'~~-$i'" ~ ",,,...if- "'~f - L E G E N 0 N Location Map . ~ Crackseal Area w"...... '.. E ("" ~ ~,tF 1"_ -r~ i; ~ ~ ~ ..--'-- Q Lots/Parcels s rr ':f1Jt ;t Water 0 470 940 1,880 S:J ffi. A:./ft j, r. II""R. l!ll t:r C ) Q , I ~~:L i~ ~ City Limits Feet ::..!. p~ -ll Il!9,lfif ~~ Page 8 of 9 CITY OF NDOVE 2007 Cracksealing (C.P. 07-03) I ncorportated 1974 Cedar Crest Estates, Cedar Crest Estates 2nd, Valleyview Estates 2nd (south 1/2) \ ~EDARCREsl I A8a: ~[(\JSJTEl .,,, 141 I ::a. ;/V~ 1!i1/~1 I I I " I I 01E~E~'2~ ',141M A~-< ADDITIO~ I r-rNGSrHiRA 2ND ADD- I I ~ Q: w 1!2NJAVE !if. f / / VJ ?IST CiR V~LE~~IEW ESTATES 2ND ADD - LL' ~ \ i'= ( ) ~ ~ ,.. LEGEND 11 ~ / 'r- N ~,~ W~~/'E S s<v x,C~ ~~ >\ I r-SYLvESWJtl'1\' IADD T I ~ \ Location Map Feet 1,380 I r-/'R ~ Y.t ~ =-LCi) (~'~~~ - L.n "p ~ - ,1' S:JiliJ"'" )-, ~~" 1. I 'Ill It'''~. \ill ~ li($}~ ~ i Jb ~ ~ L 9r0 ,~~ JG.\ """ Crackseal Area Q Lots/Parcels Water Q City Limits o I 345 690 Page 9 of 9 o C I T Y 0 F NDOVE d) 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 J:j:>E> FROM: Jason 1. Law, Civil Engineer III SUBJECT: Order & Approve Plans & Specs/07-4/2007 Seal Coating - Engineering DATE: February 20, 2007 INTRODUCTION The City Council is requested to order the improvement, direct the preparation of plans and specifications, and approve final plans and specifications for Project 07-4, 2007 Seal Coating. o DISCUSSION The street seal coating program is an effective and cost efficient means to prolong the life of the City's street infrastructure. The seal coat program divides the City into nine separate maintenance zones. Each year the streets in one of the nine zones and recently constructed developments are seal coated. The 2007 Seal Coat areas are shown on the attached maps. The City of Coon Rapids will be administering the bids through the Joint Powers Agreement that has previously been approved. The City of Coon Rapids is currently advertising for the project. The bid opening will take place on March 2nd, 2007 at the Coon Rapids City Hall. BUDGET Il\1P ACT The 2007 Seal Coat project has been identified in the City's Capital Improvement Plan. Funding for this project will be from the Road & Bridge Fund and Developer Seal Coat Fund. ACTION REQUIRED The City Council is requested to approve the resolutions ordering the improvement, directing the preparation of plans and specifications, and approving final plans and specifications for Project 07-4,2007 Seal Coating. o Respectfully submitted, Hrfi~ Jason 1. Law hm 1./&.. / Attac ents: Reso uttons LocatIOn Maps o CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. MOTION by Councilmember to adopt the following: A RESOLUTION ORDERING IMPROVEMENT AND DIRECTING PREPARATION OF PLANS AND SPECIFICATIONS FOR THE IMPROVEMENT OF PROJECT NO. 07-4 FOR THE 2007 SEAL COATING. WHEREAS, the City Council is cognizant of the need for the seal coating improvements; and NOW, THEREFORE BE IT RESOLVED by the City Council to order the improvement of 2007 Seal Coatina , Project 07-4; and o BE IT FURTHER RESOLVED by the City Council to hereby direct the Citv of Coon Rapids to prepare the plans and specifications for such improvement project. MOTION seconded by Councilmember City Council at a reaular meeting this 20th Council members in favor of the resolution, and Councilmembers voting against, whereupon said resolution was declared passed. and adopted by the day of Februarv , 2007 , with voting CITY OF ANDOVER ATTEST: Michael R. Gamache - Mayor Victoria Volk - City Clerk o o CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. MOTION by Councilmember to adopt the following: A RESOLUTION APPROVING FINAL PLANS AND SPECIFICATIONS FOR PROJECT NO. 07-4 ,FOR 2007 SEAL COATING . WHEREAS, pursuant to Resolution No. -07, adopted by the City Council on the 201fl day of Februarv , 2007 ,the City of Coon Rapids has prepared final plans and specifications for Project 07-4 for 2007 Seal Coatinq . WHEREAS, such final plans and specifications were presented to the City Council for their review on the 20th day of Februarv , 2007 . NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby approve the Final Plans and Specifications. o BE IT FURTHER RESOLVED by the City Council that bids will be opened , 2007 at the Coon Rapids City Hall. MOTION seconded by Councilmember City Council at a reqular meeting this 20th Councilmembers voting in favor of the resolution, and Councilmembers and adopted by the day of Februarv , 2007 , with voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: Michael R. Gamache - Mayor Victoria Volk - City Clerk o 2007 Sealcoating (C.P. 07-04) ~r- 1 T--till-- \ i I I 'df H-l1 ~V1\ I .r;' n= \1 I I \ I --L I I I lY\\l- 1 ~ I I I n L_!l.. II I fI I \' '--- .- .ta=J ~Hl- UTI1-f- f-L- I' l"---.. I I - trr I ~ '-..J J """.~' ..~. H f------jj.~.. IT- H~ r-- ~ *~ ~;:\ III I " ~NDbVE~ Incorportated 1974 I111111111 J,,&!, I IT 4-~~ - __ II ~~ IW '1""- / II .~~~ -, I r----, L- IT ..1\ r::r- Ef l~ I ;)' -1 I- I fa-I-- I ~ !\. I -IJ \1 I I II~ '2: ~ -<,;;; - . I I I I.-J..-i "!- - =iF ~ I II I I LEGEND c) Q City Limits €li Loose Rock Signs """ Seal Coat Area Water Q Lots/Parcels o I Page 1 of 4 Zone 5 ..-. I I I _ >-- f#;e ; I - f .....,. ..... V),. .-------, !.. ~ I ~,.. t---. .U ocr 1'1 *'" w -'-' '__- E \ ~ . s 1,000 2.000 4,000 I Feet 1 inch equals 2,000 feet n - - - -,--- - "i"= \ II :.E: Il - J-- 1--1- -? -- 1 -lJ .~J ~ ,~ I I I), I rt ( Location Map ,P' -~ \~" LJn wi ~I* ~ ~ r~L 4 ~ ~ , 0f) " L.- ~/ '--, 4 0; J j: ;7 ,'"1 ct\JJ ~~ -~:-" t ~NDbVER4t Incorportated 1974 2007 Sealcoating (C.P. 07-04) Constance Corners \ ~~ ~ f: h ~L ~ '{'1~"~:,."""",,I,-' ,,,, I'\~~ 7 j~ ( :;i n' A l ~~ H""''''/f, m ~I~I L h\+.iJ "'\ /, b 'I I- - 1=;:: r- 01- ,1= r- ~6,~\J '- ) _ r- r- '''',''" PINE ~ -=:1 =.t11-t- t;rW ,::::<"",", F~DS ~ - ~ J1 WOODS [;::/' '''',~:.;::::: NORTH Il t-f- . ' , />. . ~f- r- '''':'0 ':\ L t:f:=. -;' "V 1 ~. ' , .::::-----::: \ ---., I MILCERS ::t: I. "'"'<, II , '< ~~$i~~~ ~,"\,;s,:"6 ~ 7R,~~~)~~!~'J~~- .. .~ :/~ ~~ - '< (:::.t- 1-0 - 'I, .J( / _ >-".-..,1- - , i.7 T{-" I [ /l'/ r h '/ I - L-- - u ; ),~ ,'r.:-,'. ":;;>1'.:1' ,r- 'I- rit m"""", f-- ',' := !l--~F"H .1", ,_ ; NORD~ ~- 1--, ADDITION ~;:_ f-- ,_ rL.......- !;n'i'"~,,," "r-. I I I I I I I I II LEGEND N /~ WTE S Location Map C) G City Limits III Loose Rock Signs """ Seal Coat Area Water Q Lots/Parcels , ,-./~ ~l.r:- _~~ Ill' (~ "v -:-;J ~ I Un "~R~- ~-A'-'-'~'"' ,,",JS ~ ~:l~1f , ~~ ~. '1 L ~ ~~ g~ ~\ o , 500 1,000 2,000 , Feet 1 inch equals 1,000 feet Page 2 of 4 ~NDbVE~ ~ Incorportated 1974 2007 Sealcoating (C.P. 07-04) Lunds Evergreen Estates II '.. II I I z 1'\ ,i-I I ~ I I w0ODrll"{^="""" " 1 nm f-~)"'I ,~ " Ir- 'T~v T""'In-<c- ':1 := t=~ I----\.L JJ II !I}II~" == Sjl mmmmb ~.~ ", I'I~- B~~+'~ \ ~~ h rm\ \\\ i~ l r-- 1~~tI ~~\~~ ~" ;XJ~~~r[r 01= ~t += \--'r- r-J--fr- ~f- tS t-:~yO~-r-, \ r-Pr- ,,1/ InT :ij",~---r- I "D\rr~ h-- " \ II II I I I I I I I ~ . I "f-11I I I I i::= """"r::'~ I I ILl I--c~~ ~jh I I II f-- I 'f'lITl ~ f--' I \ 1,1 I I I /\ f-- ---i" II II f-- -,' ~ /PAKBLIUF -- -L-L./'" ,f-- f-11- 1 \,,\dJD - Vl II -I-? \::; -8'11 !- -II /1 _ = ~ _ Z III" I" II \ .:p~ r-- L~ =- .....~:::j == = == ,I I *=Wt-i_L i;7 ;:~,,~,,= = ~~IB"'~" (1\ _H ,- "-'" I II \. - :..----x 5" . .' W '" f-- -- ,-, ," '-. "-<( "0 . ;.~ 00' I j ~ - -,1 F T '\ r- ~o~ 1;1 '!!l ~" f--. ,,,,II ./ t=,~f)~ f-f-IW I II1I ~I ~l' I - ~f- ,"u'''}: :~ -,"'i' ~~~ I I I Igmz 11 I/i't;\; ," k..\-::\ '1 J......,-.,:~'k"' I~I\'Y::\ CO'(!)N"CREEK "". lJ-lo~~ :=-i=l;~o;~l '\ y..t:J~l....".,t f-- R~I"qv,. "~ ~t8".r"'''''A'' ,f-- ",.;;:; ~ ' '?f-' ,i-,II E f- -. r II--' u ~ J- :'v' "'^ r-",\ -1'''''' j;f- \ <oai} /ifi ~H"'- .;l,~ rr:j"= \'\. < '" \ I I I f-tlS --- -'-",oou'- ,_ '" ,,-..,>-1-L-J'-., __ .~~~~ III ~ I w iJl~ . 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JJ:~) """ "l '1'1'< U:,ji:':-;I:J -I "- (~" VI' ,,~ ~ _ ~n u 9~ [Li- > Sll ~ ).,;:~ "' r; 4j '\) l'lir ~ ~ ~~~L _~ I ' ^f o , 500 1,000 1 inch equals 1,000 feet Page 3 of 4 2007 Sealcoating (C.P. 07-04) c 9wDbVE~ ~ Incorportated 1974 Village at Andover Station BUNKER LAKE BLVD I~ ~ J) 1 } ) ~ ANDOVER EL;t 7 ANDOVER ~O~ER ; MARKE,k1'LACE ~:i',iri,~CE ~MA~~~LACE EAST-2ND VfMERCIAL~ ~PA~ ~~~~ IT[[] I'~ ~~ ~ 1EEffi\~~~~J 11 {,F" U' !~ IHJ, \ ~ri m m ~ONPKWY ~~~ ~fr'j'lRD~~ll {jJ I ~i/~( ~ ~IUN:~f~E1'IV I, t:I/WU~ ~; 1 tit, blENltREEK'EAST f----' /1, - \ ~7~ rT ~S~Nf /, ~::: ~~ /&1 f-t = "" 1 ~ ~\!~\ I I ;;)!;,~~A9~rs: := 70 " _ Ll. \ I I I Si --.{ 1 ....:------.~ 9_DE"t'f <;:RfE)(-It; - ~ -~~'ff J- I;: ST.2NDADD- - s:1.C'IY---r;"9- ;," fH AVi- V 1- \ r-- -'~~b~-,~ ~ ,l ~ H"~"~ !-'--5~ ~t~>-r,~ E:61 1'1 LEGEND 5TH AbD , , ~I/ ~r---~ ,-\:,~ r-~~~( f-lB ~D9AIS~:== I. fill LI'l MANOR it I I ~T~~D? ~ - v-- (I c~ Q City Limits ~ Loose Rock Signs ~ Seal Coat Area Water Q Lots/Parcels --- ! \V - _--- E s o I 250 500 1,000 , Feet 1 inch equals 500 feet Page 4 of 4 / / '--- ~ r ~EJD I~ ANDOVER ~ STATION II LJD ':lDOOD o 00 0 r- r--- - - - - - - location Map cr~ ~+n-<,~ b =l( ~ , .... '1: "~ ~ _ ;' "" R~- r ~Jffi"'o:O)., ~F'1" 1'iS ~~~ ~ ~ ~;~~~ ~~ ~ G ~ o o o @ 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 Enginee~ FROM: Todd J. Haas, Asst. City Engineer SUBJECT: Accept Feasibility ReportlWaive Public Hearing/07-13/13835 Underclift Street NW/WM - Engineering DATE: February 20,2007 INTRODUCTION This item is in regards to approving the resolution accepting the feasibility report and waiving public hearing for Project 07-13, 13835 Underclift Street NW for water main. DISCUSSION Currently the home is served by a private well and would like to consider connecting to municipal water. The lateral water main that was constructed to serve the Northglen Addition development is located across the street in the boulevard from 13835 Underclift Street. At the time of construction an individual water service was not provide to this lot because it was not part of the plat. Note: The property owner lives in an older development, which at that point the City did not have municipal water available to the public. Feasibilitv Report The proposed assessment is based on the 2007 rates and the rates are as follows: Part A - Water Main Area Charge 0.50 acres x $2,675 per acre = $1,337.50 Connection Charge $2,920 per unit x 1 unit = $2,920.00 Lateral Charge 107.5 ft. x $38.00 per ft. = $4,085.00 $8,342.50 Total (Water Main) = o o o Mayor and Council Members February 20,2007 Page 2 of2 Part B - Water Main Service Construction, Restoration & Indirect Costs (Enf!ineering. Administration. Inspections. Etc. Total Estimated Construction Cost (see attached) = Indirect Costs (Eng., Admin., Inspection, Etc.) (20%) = Total = $7,770.00 $1.554.00 $9,324.00 $17,666.50 Total Proposed Assessment for Parts A & B = Note: The property owner has the option to hire their own contractor to install the water service but the owner will be responsible for indirect costs that are incurred. BUDGET IMPACT The $17,666.50 would be assessed to the property owner over a 5 year period. ACTION REQUIRED It is recommended to approve the resolution accepting the feasibility report and waiving the public hearing for Project 07-13,13835 Underc1ift Street NW. Respectfully submitted, / / / Attachments: Resolution, Water Service Construction Estimate & Location Map cc: Shane McBride, 13835 Underclift Street NW, Andover o o o CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. MOTION by Councilmernber to adopt the following: A RESOLUTION ACCEPTING FEASIBILITY STUDY AND WAIVING PUBLIC HEARING FOR THE IMPROVEMENT OF PROJECT NO. 07-13 FOR WATER MAIN IN THE FOllOWING AREA OF 13835 UNDERCLlFT STREET NW. WHEREAS, the City Council did on the 6th day of February ,2007, order the preparation of a feasibility study for the improvement; and WHEREAS, such feasibility study was prepared by Citv Enoineer presented to the Council on the 20th day of February , 2007 and ; and and WHEREAS, the property owners have waived the right to a Public Hearing; WHEREAS, the City Council has reviewed the feasibility study and declares the improvement feasible, for an estimated cost of $ 17,666.50 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby receive the feasibility report with an estimated total cost of improvements of $ 17.666.50 waive the Public Hearing and order improvements. MOTION seconded by Councilmember City Council at a reQular meeting this 20th 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 passed. CITY OF ANDOVER ATTEST: Michael R. Gamache - Mayor Victoria Volk - City Clerk o o w ~ :E i= f/) w f/) om w z c; z w r-- o o ~ -. N CD C) .~ CD f/) "- CD - lIS 3: . 3: z 0 0 0 0 0 0 0 0 0 0 ~ 0 0 0 0 0 w ci ci 0 ci ci ci ci ci I- ..... 0 0 0 It) 0 It) r-- .... ~ o. It) ~ ~ It) ~ * .... 4: ..... ~ C"i ,.: ::2 ~ * * -- i= en w en ~ 0 0 0 0 0 0 0 w 0 0 0 0 0 0 0 w .....~ ci .0 ci ci ci It) ~ z 0 N 0 It) 0 ..... q N N It) C> z- C"i z ::5lf .... w * * * * * * * ..... ..... 0 .... ..... ..... 0 It) 0 0 It) <:(~ .... ~:s ~Q 0 0 f2 en u.. 4: 4: en >- t ~ ...J ...J W W ...J en . u: ...J 0 0 .... s ~ ~ :;: z .... en !E (3 ... "C .~ c:: ::l a. ... S "C (.) c:: '2: m ~ .c en ... c:: g ~ ::J ! 0 I~ - .c:: ~ en - 0 c:: I'~ 0 0 0 0 j:: c:: ~ :;::: 0 0 a, 0 1!! - ~ ,~ en .... t1 .~ .c ... ...J ~ .- ... 0 c( II) :c 0 ~ 1'6 11 l- I- 0 0 "C ~ 0 . 0 0 0 0 ::2 .... .... ..... C> en l- I- ~~ ..... N C') "'" It) <0 r-- l!:!::lE -~ .; f/) !E e CD " c ::::>> 10 C') CIO C') ~ DOe.; 111 nG /15") 1'...~ ~ ~ ... ~ " Lo~-t I~ ... " (z.')) (,,) ~ I S ~ (st) ~ " / , &;,/ SN (zS) (10) \ .. ~ ~I- "II.. , Pf.1+ ~. "'- '.. ~ ... ....#II./~..- t J'.1?'hdF~. ~(,) ~ ot", ,,0: ~:< ...~ ~ (1;) "i~ I OVER eEl ~~ I . Ii. ~ ~z 'IIi. 2 "'::> ~ OIL. (I-' ! , DcA L. 6i) \. .~ ;e ivV l'"- 00 --- : ~ ~-~ l~ ~O , \ .-_A o o o Regular Andover Planning and Zoning Commission Meeting Minutes - February 13, 2007 Page 2 Commissioner Cleveland asked how tall the transmission line is. Mr. Bednarz did not know and indicated the applicant might be able to answer the question. Commissioner Falk wondered if the City prefers wood or steel for the other telecommunication poles in the City. Mr. Bednarz indicated they will have to build it to support the weight that is there but the City does not have a preference. Chairperson Daninger asked if there was a future pole possible. Mr. Bednarz stated he was not aware of others at this time. Commissioner Kirchoff noticed at some of the other lift stations, not necessarily in Andover, there is already radio monitoring in place and he wondered if those were sixty feet tall. Mr. Bednarz stated they typically were not. He thought the ones he was aware of were shorter than that. Chairperson Daninger stated typically they are placed on the structure with a directional type antenna to transmit less of a distance than the one proposed based on the height. Commissioner Holthus wondered if the trees surrounding this site provide enough screening of the pole and facility to the neighboring homes. Mr. Bednarz indicated there were a number of trees around the site and he thought the drawing indicated that. He also noted there were trees on the neighboring properties to screen this. Commissioner Falk wondered if the land was landlocked. Mr. Bednarz stated it has direct access to 173rd Lane. Commissioner Cleveland stated he was at the site the other day and it is heavily wooded on all sides. He doubted it could be seen at all in the summer. Motion by Kirchoff, seconded by Falk, to open the public hearing at 7:09 p.m. Motion carried on a 5-ayes, O-nays, 2-absent (Casey, Walton) vote. Mr. Keith Larson, 17285 Round Lake Boulevard, stated they own the land directly on the opposite side of the power line that runs east and west. He wondered if Great River Energy owned the land in red on the location map because it is mistakenly known as open land that anyone can use. Mr. Bednarz explained that Great River Energy does own the property. Motion by Kirchoff, seconded by Falk, to close the public hearing at 7:12 p.m. Motion carried on a 5-ayes, O-nays, 2-absent (Casey, Walton) vote. Mr. Peter Schaub, East Highway 10, Elk River, stated he was at the meeting to answer questions. o Regular Andover Planning and Zoning Commission Meeting Minutes - February 13, 2007 Page 3 Mr. Schaub stated the height will generally be between fifty and seventy-five feet tall. He did not believe there would be any noticeable difference in height between the tallest part of the substation and the pole they want to put in. Commissioner Kirchoff asked what this will do to increase security. Mr. Schaub stated it is for monitoring purposes. He stated this is part of a broadband network Great River Energy is putting together that will service their transmission and generation system and the purpose of the antenna is to allow data to be transmitted and received by another base station farther away and that is part of the reason they need the sixty foot pole. The security part of it is there will be alarms at the system and enable them to know sooner if something were to happen at the sub-station. The other reason is to also monitor the flow. He did not think there were any others planned in Andover. Chairperson Daninger asked if there were other substations in Andover. Mr. Schaub did not think there were. He indicated there may be a coop station but he was not aware of any. Chairperson Daninger stated the reason for the inquiry is because on Hanson and Bunker there is a large electric station and a sixty foot tower would blend in there and he did not know if that site would be advantageous if Council did not like the proposed site. Mr. Schaub stated the reason it is going there is because the antenna is dedicated specifically to the equipment located there. o Commissioner Holthus wondered if in the future there was any intent of putting anything more on that pole. Mr. Schaub stated at this time they do not have any intention of putting anything else on that pole. He stated this is just for their 700 MHZ broadband system they are putting together. He stated this is not setup structurally to allow co- location. Commissioner Walton arrived at 7: 18 p.m. Commissioner Falk asked how high a tower is typically to accept more than one antenna. Mr. Bednarz believed the tower at 161 st and Round Lake Boulevard is 110 feet tall. Usually 100-150 is more common, especially if there was to be more than one antenna. Motion by Kirchoff, seconded by Holthus, to recommend to the City Council approval of a Conditional Use Permit to allow a tower and antenna for Great River Energy to be constructed at 2980 173rd Lane NW. Motion carried on a 6-ayes, O-nays, I-absent (Casey) vote. Mr. Bednarz stated that this item would be before the Council at the February 20, 2007 City Council meeting. o o CITY OF NDOVE (!) 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304. (763) 755-5100 FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US TO: CC: Mayor and Councilmembers Jim Dickinson, City Administrato ' Will Neumeister, Community Development Director ~ Courtney Bednarz, City Planne~ Approve CUP for Tower and Antenna/2980 l73rd Lane NW/Great River Energy _ Planning FROM: SUBJECT: DATE: February 20,2007 INTRODUCTION Great River Energy intends to install a 60 foot tall wood pole for the purpose of mounting an antenna to allow remote monitoring of the substation that is presently located on the subject property. The attached materials submitted by the applicant provide additional information. o DISCUSSION City Code 9-12 regulates antenna and towers and requires a conditional use permit for towers that are taller than 35 feet in height. This section of the City Code also provides location criteria and collocation requirements. The proposed tower and antenna meet the many requirements of City Code 9-12 with the following exceptions: · The proposed location does not conform to the permitted areas in residential districts prescribed by City Code 9-12-5 A. · The proposed location is less than the 500 feet from adjacent residential structures required by City Code 9-12-8 D. The closest residential structures are to the north and northeast. These structures are approximately 330 and 410 feet from the proposed tower and antenna location. · The proposed tower will not be designed to allow collocation of other telecommunications equipment. The applicant is requesting variances to these provisions based on the following findings: 1. 2. 3. 4. 5. 0 6. The substation presently exists on residentially zoned property and adjacent to a transmission corridor. The City Code does not consider the use. of modern technologies like the proposed remote monitoring antenna. The proposed antenna and tower will not adversely affect surrounding residential properties. The proposed antenna and tower will provide increased security for the substation which . is a benefit to the surrounding residential properties and the city. The height of the tower is limited to 60 feet. This limited height does not provide a desirable collocation site for telecommunications or other equipment. The limited height will prevent adverse impacts on adjacent residential properties. It is not desirable to require the height of the proposed tower to be increased solely to provide the opportunity for future collocation of other equipment. o o o Site Modifications The attached photographs show the site as it presently exists. The proposal would expand the fenc.ed area surrounding^the existing substation 15 feet to the east. The 60 foot tall tower will be located at the southeast corner of the expanded area Ground mounted equipment will be installed in the existing 'meter hut' as labeled on the attached site drawing. Planning Commission Recommendation The Planning Commission unanimously recommended approval of the proposed conditional use permit with noted variances. Attachments Resolution Location Map Project Fact Sheet Similar Tower Photograph Tower Specifications Antenna Specifications Site Drawings Photographs of Existing Site ACTION REOUESTED The Council is asked to approve the proposed conditional use permit with noted variances. '" Cc: Marsha Parlow Great River Energy 17845 East Highway 10 Elk River, MN 55330 -2,- o o o CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. A RESOLUTION GRANTING THE CONDITIONAL USE PERMIT REQUEST OF GREAT RIVER ENERGY TO INSTALL A 60 FOOT TALL TOWER AND ANTENNA ON PROPERTY LOCATED AT 2980 173RD LANE NW LEGALLY DESCRIBED AS: The South 218.00 feet of the Southeast quarter ofthe Southwest quarter and the South 198.00 feet ofthe East 240.00 feet of the Southwest quarter of the Southwest quarter, all in Section 4, Township 32, Range 24, Anoka County, Minnesota. WHEREAS, Great River Energy has requested a conditional use permit to install a 60 foot tall tower and antenna on the subject property; and WHEREAS, the applicant is requesting variances to City Code 9-12-5 A. to allow the tower to be located on a residential property and to City Code 9-12-8 D. to allow the tower to be less than 500 feet from adjacent residential structures and to City Code 9-12-6 B. to allow the tower to not provide collocation options; and WHEREAS, the Planning Commission held a pubic hearing and has reviewed the request; and WHEREAS, The Planning Commission recommends approval of the proposed variances based on the following findings: 1. A substation presently exists on residentially zoned subject property and adjacent to a transmission corridor. 2. The City Code does not consider the use of modern technologies like the proposed remote monitoring antenna. 3. The proposed antenna and tower will not adversely affect adjacent residential properties. 4. The proposed antenna and tower will provide increased security for the substation which is a benefit to the surrounding residential properties and the city. 5. The height of the tower is limited to 60 feet. This limited height does not provide a desirable collocation site for telecommunications or other equipment. 6. The limited height will prevent adverse impacts on adjacent residential properties. It is not desirable to require the height of the tower to be increased solely to provide the opportunity for future collocation of other equipment. WHEREAS, the Planning Commission finds the request would not have a detrimental effect upon the health, safety, morals, and general welfare of the City of Andover and recommends to the City Council approval of the conditional use permit as requested. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby agrees with the recommendation of the Planning and Zoning Commission and approves the conditional use permit on said property with the following conditions: 1. The applicant shall obtain a building permit from the City of Andover. -3- o o o 2. The tower, antenna and all other proposed site improvements shall conform to the plans stamped received by the City of Andover January 23,2007. 3. Variances are granted to City Code 9-12-5 A. to allow the tower to be located on a residential property and to City Code 9-12-8 D. to allow the tower to be less than 500 feet from adj acent residential structures and to City Code 9-12-6 B. to allow the tower to not provide collocation options. 4. This approval is subject to a sunset clause as defined in City Code l2-14-6D. Adopted by the City Council of the City of Andover on this_day of ,2007. CITY OF ANDOVER ATTEST: Michael R. Gamache, Mayor Victoria Volk, City Clerk -1- 51\NDbVE~ Incorporated 1974 U~i 33&5\3345 3315 ~ ~ --=-- ~ ,.:-- ~ '''' "" - ~ 1ri 17753 m" moo I ~ ~L ,,,,, 17702 >- "'" I ~ ~ ~ ~ ".., 17617 "'" "'" 17610 J ~Iililil ~ ;; ~ w: 1~1~ i! i! ~ i! . "" ~:Ih ~ fi ~ 3271 me """ """ 11422 338517400 17416 "'.. '11I.1""1"" 'lII1II'1""/"'" 17611 ~ i! "'" i! I i! ~ ~I~ @ ~ <ll W 3207 :::.:: :'i ;I~ ~ ~l\- 6 174250::: ",OO "" 33481332633081325013230 3210 "''' 17132 "" -:t/~ - I ;; ~5 3351 3295 - "'" I "" "" "" "'" I . . "" " ~ ~ "'" "m 3409 '''' '-' 17214 11146 "" "" 3239 "'" "" Conditional Use Permit Great River Energy I ~ I ~ UI . I 1-- T'''' "" "" 11916 ~ "'" "" r-- i51.. "" "" 17865 ,,'" "" "" I ~ . 5 ~ ~ ~ ~ ~ ~ ~ 2140 17600 """ 17845 ~ ~ . S ~~ - ~ ( ,,,,, ../" ~/2710 ~ ~ ~ ,,,, "m ,m, . S il ~ 17657 '-/ - \~- o I: ~ I ~ I ~ 17611 moo ~ ~ " i! ~~ "" ) 176THAV 175~\ ~ ~~ 17581 17544 17565 ~~ 17553 "" ,,,'" . 1\",,,. 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"" "" "'" "'" "'" i "" "" '"'' "'" .... 3110 "'" '''''' 3145 3109 ... ~ "" "" "" "'" "" 3110 "'" - m. -- 16740 I """" "" "'" r--- 17850 - ""00 - ~ m'" - ~ ~~ ,,~ ~ ~ --= H - ~ - "'" g >--- ~ "'''' - ~ == ~ - 17130 >- ~- ~ 2349 ~=== "'" - "" ~ "" ;L-- 16821 - 16171 "'" ~ N Location Map _ SUBJECT PROPERTY .......... MUSA BOUNDARY -.?- II A TO\ICh$tone Ewgy.~ti\'C ~J\ - n.""',f......""""""" G.RfAIRMR ENERGY. GREAT RIVER ENERGY 17845 East Hwy 10, P.O. Box 800 Elk River, MN 55330-0800 763-441-3121 www.greatriverenergy.com PROJECT NEED Great River Energy (GRE) is a generation and transmission cooperative that supplies wholesale power to 28 distribution cooperatives in Minnesota and Wisconsin (map of territory on back). To improve electrical system reliability, it is necessary for GRE to upgrade its various aging analog systems to a homogenous communication system that will provide essential remote system control, real-time metering and increased facility security with a secure IP (Internet Protocol) based wireless solution. ROJECT SCOPE GRE intends to install a licensed broadband wireless system that operates at the 700 MHz frequency. A typical electrical substation installation will consist of a wood or steel pole with a five or seven foot yagi antenna mounted at the top. The height of the pole will range from 30 to 92 feet above ground. GRE is working closely with its member cooperatives and other utility owners to receive their approval for the location of the poles that may be installed on their fee-owned property. SCHEDULE Approval of the pole location by the fee owner and permitting activities are currently underway, with a project completion scheduled for the end of 2007. CONTACTS Questions or concerns should be directed to: Michelle Lommel Great River Energy 7845 East Highway 10 Ik River, MN 55330-0800 (763) 241-2450 mlommel@grenergy.com -c- 7/26/2006 MANITOBA Kittson Roseau "" Marshall Pennington Clearwater Norman Mahnomen J~ . " , , . / ~ o ~ <( o I f- ::l o CI) Uncoin ~ Nobles Fillmore .- 10 20 , 40 Miles , IOWA " N A Leg nd - Minnesota Roadways c=J County Line & Lakes NAME D Cooperatives Hooslon GREAT RIVER ENE R G Y. 1:2,800.000 A Toudulme~Coopc.ad""~ 7/26/2006 o o -7- --~~=i:'~""A ' '# I '-', .~ "0 i vf~~<S \ -,~(\} l:+- ,"b<i,e.; ~/ ! I i" '\i~ ~i'~ ~II~ ":'-,<:: ....1 '~ I~ -;;-j ( I" ~ I: ~ I, . .' d..~,1 ! ~I~' -~6'~,v;;;.,s:;-;;J-===~~: JJ a' ::<I!,Iv7 OtWtoy --~-; I I I r'-~'~ [ , /r-- i. ' '-I. '" 0~I' '\ ~ I ( \\." I' i I ~cv- I r , > :z - - ~I "'-I "--J o :.-;: S ;Y.9d;Lb':::"h' o of' 1 i I I i i I /'-!-~ \ I l \! \1 i ,) ~~,--,' I --l.~ ! i \ ~ i ( \ ' I ,L (' i...... I I I I I J i1 ~i ( o-.Blil \ ( , , I , : , ,i \...,.,~! 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II 1V5 u~ ,,,,,,~i:5 I 1j:::.~CI.1.i i W:1:(,2J: I let zWu>-'" ~ 0~~rr:~ Ul;=:?;~~ ii~~~~ ~0t58~ a S?p~ (j) .....;:...J :L3:5~lX I . f- ;-l.i.:O~ ! I~ ; ~J :-2 J,\: ! r( i ! I I i i a:: UJ 0 > W E5 0 > ~ 0 W en Z C'J <( 0 ~ 1.1.. W 4: 0 a: ..." ~ () t1-~i- ~ /"' ", .1' /, ^'~lC"J'\t ". ~ o -'1~ o PLANNING AND ZONING COMMISSION MEETING - FEBRUARY 13,2007 The Regular Bi-Monthly Meeting of the Andover Planning and Zoning Commission was called to order by Chairperson Daninger on February 13,2007,7:00 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota. Commissioners present: Chairperson Daninger, Commissioners Tim Kirchoff, Valerie Holthus, Devon Walton (arrived at 7:18 p.m.), Douglas Falk and Dennis Cleveland. Commissioners absent: Commissioner Michael Casey. Also present: City Plarmer, Courtney Bednarz Associate Plarmer, Andy Cross Others o APPROVAL OF MINUTES, January 23, 2007 Motion by Falk, seconded by Cleveland, to approve the minutes as presented. Motion carried on a 4-ayes, O-nays, I-present (Kirchoff), 2-absent (Casey, Walton) vote. PUBLIC HEARING: CONDITIONAL USE PERMIT (07-03) TO ALLOW A TOWER AND ANTENNA FOR GREAT RIVER ENERGY TO BE CONSTRUCTED AT 2980 17~ LANENW Mr. Bednarz explained Great River Energy intends to install a 60 foot tall wood pole for the purpose of mounting an antenna to allow remote monitoring of the substation that is presently located on the subject property. Commissioner Kirchoff noticed the proposed tower will be slightly above the high wires there. He wondered how much taller it would be. Mr. Bednarz did not believe it would be taller than the high wires there. The applicant indicated it would not be taller. o o o o CID CITY OF NDOVE 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304. (763) 755-5100 FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US TO: Mayor and Councilmembers FROM: Jim Dickinson, City Administrator 1 Finance Director SUBJECT: Approve Funds Transfers - Community Center Closeout DATE: February 20, 2007 INTRODUCTION With the finalization of the remaining contracts for the Community Center coming to an end, it is time to close the Community Center Project Capital Projects Fund (CPF). DISCUSSION To date there is a deficit of $73,249.55 including an additional $1,500 to be paid in the near future for the last remaining contract. Transfer #1: At the onset of the Community Center project the Council directed usage of Andover Station park dedication funds to the project. The remaining $50,000 reserved in the Park Improvement Fund is requested to be transferred at this time. Also the Council may recall that as part of the last two Capital Improvement Plan (CIP) development processes,approxirnately $46,000.00 previously reserved for the Community Center project in the Park Improvement Fund was released for other park improvements. This was done with the thought that Staff would find other sources of revenue to closeout the Community Center Project. Transfer #2: Staffis proposing that the remaining balance of $24,749.55 come from the Buildings Fund CPF. BUDGET IMPACT The transfers will close the Community Center Project CPF. ACTION REQUESTED The Andover City Council is requested to approve the aforementioned transfers and related general ledger entries to close out the Community Center Project CPF. L- o @ o o 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (763) 7.55-5100 FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US TO: Mayor and Councilmembers CC: Jim Dickinson, City Administrato FROM: Captain Dave Jenkins - Anoka County Sheriff's Office SUBJECT: Receive Anoka County Sheriff's Department Monthly Report - Sheriff DATE: February 20,2007 INTRODUCTION Captain Dave Jenkins from the Anoka County Sheriff's Office will be present to provide the Council and the citizens of Andover with an update on law enforcement activities within the City. Attached is a copy of the January 2007 monthly report. DISCUSSION To be verbally presented. ACTION REOUIRED For Council information. Respectfully submitted, Captain Dave Jenkins Anoka County Sheriff's Office Attachment: January 2007 Monthly Report o o o FEB. 16, 2007 11: 44AM NO. 7860 p, 2 PATROL B, CITY OF ANDOVER - JANUARY 2007 JANUARY DECEMBER 2006 \'TD 2001 YTD2006 Radio Calls 757 949 757 878 Incident Report 844 937 844 878 Burglaries 9 13 9 9 Thefts 49 40 49 76 Crim.Sex Coml. 2 3 2 2 Assault 13 10 13 12 Dam to Prop, 32 29 32 36 Harr. Comm. 10 13 10 13 Felony Arrests 2 7 2 14 Gross Mis. 4 4 4 6 Misd. Arrests 48 27 48 43 DUI Arrests 13 10 13 14 Domestic Arr, 5 7 5 8. C. WarrantArr. 6 14 6 21 Traffic AIr. 197 123 197 138 DUI OFFENSES: DAY I. OF Sunday Monday. Tuesday Wednesday Thursday Friday Saturday WEEK: TIME: 01:23 22:52 00;31 02:09 03:03 20:34 18;38 19:22 00:57 03:30 00;23 20:52 23:41 o o o FEB, 16.2007 11: 44AM NO. 7860 p, 3 PATROL C. CITY OF ANDOVER - JANUARY 2007 COMMUNITY SERVICE OFFICER REPORT JANUARY DECEMBER. 2006 YTD Last Y'lJ> Radio Calls 141 152 ]4] 176 Incident Report 67 98 67 104 Accident Assists 18 ]5 18 23 Vehicle Lock Out 36 40 36 33 Extra Patrol 167 182 167 232 . House Check3 3 2 3 24 Bus. Check3 20 31 20 66 Animal Compl. . 33 32 33 49 Traffic Assist 4 7 4 17 Aids; Agency 124 156 ]24 192 Aids; Public 41 60 41 155 Paper Service 0 0 0 0 Inspections 0 0 0 0 Ordinance Viol. 0 0 0 1 o @ 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: Approve Bond Sales DATE: February 20,2007 INTRODUCTION As part ofthe 2007-2011 Capital Improvement Plan (CIP) the City contemplated the issuance of bonds for various public improvements and equipment purchases. Also during any bond issuance process, it is a good time to review past debt issuances for potential long term debt service savings. The General Obligation Water Revenue Bonds, Series 2002 were determined through this review to meet the state minimum requirement for present value savings of 3 %. o Ehlers & Associates, the City's Financial Advisor, presented presale reports on January 16th when the Council authorized the issuance of the following two bonds on February 6th: $765,000 General Obligation Equipment Certificates, Series 2007 A $6,595,000 General Obligation Water Revenue Refunding Bonds, Series 2007B The sale opening was originally 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 it was decided by Ehlers and City Staff that the market would not yield favorable results and cancelled the sale that day. In response to the cancelled sale, at the February 6th Council meeting the City Council authorized 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 resolutions 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. Successful sales. meetinl! uarameters resolution criteria. were conducted on February 13th. the Council will be asked to ratifv those sales, o DISCUSSION City Staff will provide a brief presentation on the bond sales, please note that with the favorable bond market last week, the issuance size of each bond was able to be reduced. The presentation is based on the following summaries: o o Q Mayor and Councilmembers February 20,2007 Page 2 of3 $760,000 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 parameters resolution authorized Mr. Jim Dickinson, the City Administrator, City of Andover, Minnesota, to execute a Bond Purchase Agreement which will approve the $765,000 sale of the Certificates to the most favorable proposal maker. Authorization would expire on June 6, 2007. On February 13th these bonds were sold to the lowest bidder, Cronin & Company Inc, at a True Interest Cost (TIC) of3.8050584%. This favorable TIC allowed the City to reduce the issuance amount by $5,000 to $760,000. $6,570,000 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 ofthe City's $9,870,000 General Obligation Water Revenue Bonds, Series 2002 dated June 1,2002. The City Council parameters resolution authorized Mr. Jim Dickinson, 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 ofthe present value ofthe refunded debt service of the Prior Bonds is at least 3.0%. Authorization would expire on June 6, 2007. On February 13th these bonds were sold to the lowest bidder, Cronin & Company Inc, at a True Interest Cost (TIC) of 4.1454306%. This favorable TIC allowed the City to reduce the .issuance ammm,tl>Y $25,QOO ~0$6,570,000. The refinancing yielded a long term interest expense saving of $265,904.42. The net present value savings as a percentage ofthe present value of the refunded debt service ofthe Prior Bonds achieved on the sale is 3.044%. BUDGET IMPACT The $760,000 G.O. Equipment Certificates, Series 2007A, are funded by an annual tax levy. The $6,570,000 G.O. Water Revenue Refunding Bonds, Series 2007B are funded by pledged revenues of the City's Water Utility. o o o Mayor and Councilmembers February 20,2007 Page 3 00 ACTION REQUESTED The City Council is requested to approve the attached resolutions provided by the City's bond counsel, Briggs & Morgan, ratifying the bond sales. The resolutions are listed below: RESOLUTION RATIFYING ACCEPTANCE OF OFFER AND PROVIDING FOR THE ISSUANCE AND SALE OF $760,000 GENERAL OBLIGATION EQUIPMENT CERTIFICATES, SERIES 2007A, AND LEVYING A TAX FOR THE PAYMENT THEREOF & RESOLUTION RATIFYING ACCEPTANCE OF OFFER AND PROVIDING FOR THE ISSUANCE AND SALE OF $6,570,000 GENERAL OBLIGATION WATER REVENUE REFUNDING BONDS, SERIES 2007B, PLEDGING FOR THE SECURITY THEREOF NET REVENUES / Attachments: Pgs 4-10 ~gs 11-28 ~s 29-35 J. Pgs 35-56 $760,000 G.O. Equipment Certificates, Series 2007A - Bond Sale Summary Report. Resolution Ratifying - $760,000 G.O. Equipment Certificates, Series 2007 A. $6,571,000 G.O. Water Revenue Refunding Bonds, Series 2007B - Bond Sale Summary Report. Resolution Ratifying - $6,571,000 G.O. Water Revenue Refunding Bonds, Series 2007B. City of Andover, Minnesota $760,000 G.Q. Equipment Certificates, Series 2007 Table of Contents Report Sources & Uses Debt Service Schedule 2 Net Debt Service Schedule 3 Pricing Summary 4 Proof Of Bond Yield@ 3.6522631% 5 Derivation Of Form 8038 Yield Statistics 6 I d Ser 07 Equip Cert I SINGLE PURPOSE I 2/1312007 I 1-02 PM Ehlers & Associates, Inc. Leaders in Public Finance @ ~ City of Andover, Minnesota $760,000 G.O. Equipment Certificates, Series 2007 Sources & Uses Dated 03/13/2007 I Delivered 03/13/2007 Sources Of Funds Par Amount of Bonds Reoffering Premium $760,000.00 6,060.85 Total Sources $766,060.85 Uses Of Funds Total Underwriter's Discount (0.350%) Costs of Issuance Deposit to Project Construction Fund Rounding Amount 2,660.00 27,618.75 735,000.00 782. JO Total Uses $766,060.85 o Ser 07 Equip Cert I SINGLE PURPOSE I 2/1312007 I 1 :02 PM I o City of Andover, Minnesota $760,000 G.O. Equipment Certificates, Series 2007 Debt Service Schedule Date Principal Coupon Interest Total P+I Fiscal Total 0311312007 08/0112007 11,653.33 11,653.33 02/01/2008 180,000.00 4.000% 15,200.00 195,200.00 206,853.33 08/01/2008 11,600.00 11,600.00 0210112009 185,000.00 4.000% 11,600.00 196,600.00 208,200.00 08/01/2009 7,900.00 7,900.00 02101/2010 195,000.00 4.000% 7,900.00 202,900.00 210,800.00 08/0112010 4,000.00 4,000.00 02101/2011 200,000.00 4.000% 4,000.00 204,000.00 208,000.00 Total $760,000.00 $73,853.33 $833,853.33 Yield Statistics Bond Year Dollars $1,846.33 Average Life 2.429 Years Average Coupon 3.9999998% 01 Net Interest Cost (NIC) 3.8158050% True Interest Cost (TIC) 3.8050584% Bond Yield for Arbitrage Purposes 3.6522631% All Inclusive Cost (A1C) 5.4386561% IRS Fonn 8038 Net Interest Cost 3.6377016% Weighted Average Maturity 2.433 Years 01 Ser 07 Equip Cen I SINGLE PURPOSE I 2/1312007 I ,,02 PM Ehlers & Associates, Inc. Leaders in Public Finance Page 2 CD City of Andover, Minnesota $760,000 G.O. Equipment Certificates, Series 2007 Net Debt Service Schedule Net New Fiscal Date Principal Coupon Interest Total P+I D/S Total 03/13/2007 08/01/2007 11,653.33 11,653.33 11,653.33 02/0 1/2008 180,000.00 4.000% 15,200.00 195,200.00 195,200.00 206,853.33 08/01/2008 11,600.00 11,600.00 11,600.00 02/0112009 185,000.00 4.000% 11,600.00 196,600.00 196,600.00 208,200.00 08/0112009 7,900.00 7,900.00 7,900.00 02/0112010 195,000.00 4.000% 7,900.00 202,900.00 202,900.00 210,800.00 08/01/2010 4,000.00 4,000.00 4,000.00 02/01/2011 200,000.00 4.000% 4,000.00 204,000.00 204,000.00 208,000.00 Total $760,000.00 $73,853.33 $833,853.33 $833,853.33 d City of Andover, Minnesota $760,000 G.O. Equipment Certificates, Series 2007 Pricing Summary Maturity 02/01/2008 02/0112009 02/0112010 02/0112011 Type of Bond Serial Coupon Serial Coupon Serial Coupon Serial Coupon Coupon 4.000% 4.000% 4.000% 4.000% Yield 3.600"10 3.620% 3.640% 3.680% Maturity Value 180,000.00 185,000.00 195,000.00 200,000.00 $760,000.00 Price 100.341% 100.682% 100.973% 101.144% Dollar Price 180,613.80 186,261.70 196,897.35 202,288.00 $766,060.85 Total Bid Information Par Amount of Bonds Reoffering Premium or (Discount) Gross Production $760,000.00 6,060.85 $766,060.85 .!~lJ.'lc1erwriter's.DisC<lllD.t~iQ}5.o~L____~___________~_____ Bid (100.447%) _______________._______._._.__~f2li~~QOL 763,400.85 Total Purchase Price $763,400.85 Q Bond Year Doll"", Average Life Average Coupon $1,846.33 2.429 Ye"", 3.9999998% Net Interest Cost (NlC) True Interest Cost (TIC) 3.8158050% 3.8050584% Ser 07 Equip Celt I SINGLE PURPOSE I 2/1312007 I 1:02 PM Ehlers & Associates, Inc. Leaders In Public Finance Page 4 @ City of Andover, Minnesota $760,000 G.O. Equipment Certificates, Series 2007 Proof Of Bond Yield @ 3.6522631 % Date Cashflow PV Factor 03/13/2007 1.0000000x 08/0112007 1l,653.33 0.9862218x 02/01/2008 195,200.00 0.9685350x 08/01/2008 1l,600.00 0.9511655x 02/01/2009 196,600.00 0.9341075x 08/0112009 7,900.00 0.9173554x 02/0112010 202,900.00 0.9009037x 08/0112010 4,000.00 0.884747Ox 02/0 1120 II 204,000.00 0.8688801x Total $833,853.33 Present Value Cumulative PV 1l,492.77 189,058.04 1l,033.52 183,645.53 7,247.11 182,793.35 3,538.99 177,251.55 $766,060.85 11,492.77 200,550.81 211,584.33 395,229.85 402,476.96 585,270.32 588,809.30 766,060.85 Derivation Of Target Amount Par Amount of Bonds Reoffering Premium or (Discount) $760,000.00 6,060.85 Original Issue Proceeds $766,060.85 Ser 07 Equip Cert I SINGLE PURPOSE I 2/1312007 I 1:02 PM Ehlers & Associates, Inc. leaders in Public Finance Page 5 @ City of Andover, Minnesota $760,000 G.O. Equipment Certificates, Series 2007 Derivation Of Form 8038 Yield Statistics Issuance Issuance Maturity Value Price PRICE Exponent Bond Years 03/13/2007 02/01/2008 180,000.00 100.341% 180,613.80 0.8833333x 159,542.19 02/01/2009 185,000.00 100.682% 186,261.70 1.8833333x 350,792.87 02/01/2010 195,000.00 100.973% 196,897.35 2.8833333x 567,720.69 02/01/2011 200,000.00 101.144% 202,288.00 3.8833333x 785,551.73 Total $760,000.00 $766,060.85 $1,863,607.48 IRS Form 8038 Weighted Average Maturi~ ~ Bond YeaIS!lssue Price 2.433 Years Total Interest from Debt Service _______~______u__________________________________________ ReE!fer~~ (Pref.!1i~~r Di~~E~______ _~m~____m________________m___m___________________________________________________}3,853.~_ ____________________J~~<!?.Q.85)_. Total Interest 67,792.48 N1C = Interest! (Issue Price. Average Maturi~; 3.6377016% Bond Yield for Arbitrage Purposes 3.6522631% o o o EXTRACT OF MINUTES OF A MEETING OF THE CITY COUNCIL OF THE CITY OF ANDOVER, MINNESOTA HELD: February 20, 2007 Pursuant to due call and notice thereof, a regular or special meeting of the City Council of the City of Andover, Anoka County, Minnesota, was duly held at the City Hall on February 20,2007, at _ P.M., for the purpose, in part, of considering proposals and awarding the sale of $760,000 General Obligation Equipment Certificates, Series 2007 A. The following members were present: and the following were absent: Member introduced the following resolution and moved its adoption: RESOLUTION RATIFYING ACCEPTANCE OF OFFER AND PROVIDING FOR THE ISSUANCE AND SALE OF $760,000 GENERAL OBLIGATION EQUIPMENT CERTIFICATES, SERIES 2007A, AND LEVYING A TAX FOR THE PAYMENT THEREOF A. WHEREAS, the City of Andover, Minnesota (the "City"), has heretofore determined and declared that it is necessary and expedient to issue $760,000 General Obligation Equipment Certificates, Series 2007A (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 ($2,868.044.279 times 0.25% is $7.170,111 ); and C. WHEREAS, the City has retained Ehlers & Associates, Inc., in Roseville, Minnesota ("Ehlers"), as its independent financial advisor for the sale of the Certificates and was therefore authorized to sell the Certificates by private negotiation in accordance with Minnesota Statutes, Section 475.60, Subdivision 2(9) and proposals to purchase the Certificates have been solicited by Ehlers; and D. WHEREAS, the proposals set forth on Exhibit A attached hereto were received by the City Administrator, or designee, at the offices of Ehlers, at 11 :00 A.M., on February 13, 2007 pursuant to the Terms of Proposal established for the Certificates; and 1988913vl ill) o E. WHEREAS, it is in the best interests of the City that the Certificates be issued in book-entry form as hereinafter provided; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover, Minnesota, as follows: 1. Ratification of Acceptance of Proposal. All prior actions taken by the City Administrator with respect to the proposal of Cronin & Company, Inc.. Minneapolis. Minnesota (the "Purchaser"), to purchase the Certificates, in accordance with the Terms of Proposal. established for the Certificates, at the rates of interest hereinafter set forth, and to pay therefor the sum of$763AOO.85, plus interest accrued to settlement, is hereby found, determined and declared to be the most favorable proposal received, is hereby ratified, accepted and the Certificates are hereby awarded to the Purchaser. The Clerk is directed to retain the deposit of . the Purchaser and to forthwith return to the unsuccessful bidders any good faith checks or drafts. 2. Certificate Terms. o (a) Original Issue Date: Denominations: Maturities: Term Bond Option. The Certificates shall be dated March 13,2007, as the date of original issue, shall be issued forthwith on or after such date in fully registered form, shall be numbered from R-l upward in the denomination of $5,000 each or in any integral multiple thereof of a single maturity (the "Authorized Denominations") and shall mature on the February 1 in the years and amounts as follows: Year Amount 2008 $180,000 2009 185,000 2010 195,000 2011 200,000 As may be requested by the Purchaser, one or more term bonds may be issued having mandatory sinking fund redemption and fmal maturity amounts conforming to the foregoing principal repayment schedule, and corresponding additions may be made to the provisions of the applicable Certificate(s). (b) Book Entry Only System. The Depository Trust Company, a limited purpose trust company organized under the laws of the State of New York or any of its successors or its successors to its functions hereunder (the "Depository") will act as securities depository for the Certificates, and to this end: o (i) The Certificates shall be initially issued and, so long as they remain in book entry form only (the "Book Entry Only Period"), shall at all times be in the form of a separate single fully registered Certificate for each maturity of the Certificates; and for purposes of complying with this requirement under paragraphs 5 and 10 Authorized Denominations for any Certificate shall be deemed to be limited during the Book Entry Only Period to the outstanding principal amount of that Certificate. 1988913vl 2 @ o (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 & CO., as the nominee (it or any nominee of the existing or a successor Depository, the "Nominee"). o (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 fmancial institution for which the Depository holds Certificates as securities depository (the "Participant") or the person for which a Participant holds an interest in the Certificates shown on the books and records of the Participant (the "Beneficial Owner"). Without limiting the immediately preceding sentence, neither the City, nor the Registrar, shall have any such responsibility or obligation with respect to (A) the accuracy of the records of the Depository, the Nominee or any Participant with respect to any ownership interest in the Certificates, or (B) the delivery to any Participant, any Owner or any other person, other than the Depository, of any notice with respect to the Certificates, including any notice of redemption, or (C) the payment to any Participant, any Beneficial Owner or any other person, other than the Depository, of any amount with respect to the principal of or premium, if any, or interest on the Certificates, or (D) the consent given or other action taken by the Depository as the Register Holder of any Certificates (the "Holder"). For purposes of securing the vote or consent of any Holder under this Resolution, the City may, however, rely upon an omnibus proxy under which the Depository assigns its consenting or voting rights to certain Participants to whose accounts the Certificates are credited on the record date identified in a listing attached to the omnibus proxy. (iv) The City and the Registrar may treat as and deem the Depository to be the absolute owner of the Certificates for the purpose of payment of the principal of and premium, if any, and interest on the Certificates, for the purpose of giving notices of redemption and other matters with respect to the Certificates, for the purpose of obtaining any consent or other action to be taken by Holders for the purpose of registering transfers with respect to such Certificates, and for all purpose whatsoever. The Registrar, as paying agent hereunder, shall pay all principal of and premium, if any, and interest on the Certificates only to or upon the Holder of the Holders of the Certificates as shown on the bond register, and all such payments shall be valid and effective to fully satisfy and discharge the City's obligations with respect to the principal of and premium, if any, and interest on the Certificates to the extent of the sum or sums so paid. (v) Upon delivery by the Depository to the Registrar of written notice to the effect that the Depository has determined to substitute a new Nominee in place of the existing Nominee, and subject to the transfer provisions in paragraph 10, references to the Nominee hereunder shall refer to such new Nominee. o (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 1988913vl 3 @ o 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"). (vii) All transfers of beneficial ownership interests in each Certificate issued in book-entry form shall be limited in principal amount to Authorized Denominations and shall be effected by procedures by the Depository with the Participants for recording and transferring the ownership of beneficial interests in such Certificates. (viii) In connection with any notice or other communication to be provided to the Holders pursuant to this Resolution by the City or Registrar with respect to any consent or other action to be taken by Holders, the Depository shall consider the date of receipt of notice requesting such consent or other action as the record date for such consent or other action; provided, that the City or the Registrar may establish a special record date for such consent or other action. The City or the Registrar shall, to the extent possible, give the Depository notice of such special record date not less than 15 calendar days in advance of such special record date to the extent possible. o (ix) Any successor Registrar in its written acceptance of its duties under this Resolution and any paying agency/bond registrar agreement, shall agree to take any actions necessary from time to time to comply with the requirements of the Letter of Representations. (c) Termination of Book-Entry Only Svstem. 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 givrng written notice to the City and discharging its responsibilities with respect thereto under applicable law. The City may terminate the services of the Depository with respect to the Certificate if it determines that the Depository is no longer able to carry out its functions as securities depository or the continuation of the system of book-entry transfers through the Depository is not in the best interests of the City or the Beneficial Owners. o (ii) Upon termination of the services of the Depository as provided in the preceding paragraph, and if np substitute securities depository is willing to undertake the functions of the Depository hereunder can be found which, in the opinion of the City, is willing and able to assume such functions upon reasonable or customary terms, or if the City determines that it is in the best interests of the City or the Beneficial Owners of the Certificate that the Beneficial Owners be able to obtain certificates for the Certificates, the Certificates shall no longer be registered as being registered in the bond register in the name of the Nominee, but may be registered in whatever name or names the Holder of the Certificates shall designate at that time, in accordance with paragraph 10 hereof. To the extent that the Beneficial Owners are designated as the transferee by the Holders, in 1988913vl 4 @ o accordance with paragraph 10 hereof, the Certificates will be delivered to the Beneficial Owners. (iii) Nothing in this subparagraph (c) shall limit or restrict the provisions of paragraph 10. (d) Letter of Representations. The provisions in the Letter of Representations are incorporated herein by reference and made a part of the resolution, and if and to the extent any such provisions are inconsistent with the other provisions of this resolution, the provisions in the Letter of Representations shall control. 3. Purpose. The Certificates shall provide funds to fmance the Equipment. The total cost of the Equipment, which shall include all costs enumerated in Minnesota Statutes, Section 475.65, is estimated to be at least equal to the amount of the Certificates. 4. Interest. The Certificates shall bear interest payable semiannually on February 1 and August 1 of each year (each, an "Interest Payment Date"), commencing August 1,2007, calculated on the basis of a 360-day year of twelve 30-day months, at the respective rates per annum set forth opposite the maturity dates as follows: Maturity Year Interest Rate 0 2008 4.00% 2009 4.00% 2010 4.00% 2011 4.00% 5. No Redemption. The Certificates shall not be subject to redemption and prepayment prior to their stated maturity dates. 6. Registrar. U.S. Bank National Association, in St. Paul, Minnesota, is appointed to act as registrar and transfer agent with respect to the Certificates (the "Registrar"), and shall do so unless and until a successor Registrar is duly appointed, all pursuant to any contract the City and Registrar shall execute which is consistent herewith. The Registrar shall also serve as paying agent unless and until a successor paying agent is duly appointed. Principal and interest on the Certificates shall be paid to the registered holders (or record holders) of the Certificates in the manner set forth in the form of Certificate and paragraph 12. 7. Form of Certificate. The Certificates, together with the Registrar's Certificate of Authentication, the form of Assignment and the registration information thereon, shall be in substantially the following form: o 1988913vl 5 @ o o o UNITED STATES OF AMERICA STATE OF MINNESOTA ANOKA COUNTY CITY OF ANDOVER R- $ GENERAL OBLIGATION EQUIPMENT CERTIFICATES, SERIES 2007A INTEREST RATE MATURITY DATE DATE OF . ORIGINAL ISSUE CUSIP % FEBRUARY 1,20_ MARCH 13, 2007 REGISTERED OWNER: CEDE & CO. 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 I 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 Certificate will bear interest from the most recent Interest Payment Date to which interest has been paid or, if no interest has been paid, from the date of original issue hereof. The principal of and premium, if any, on this Certificate are payable upon presentation and surrender hereof at the principal office of U.S. Bank National Association, in St. Paul, Minnesota (the "Registrar"), acting as paying agent, or any successor paying agent duly appointed by the Issuer. Interest on this Certificate will be paid on each Interest Payment Date by check or draft mailed to the person in whose name this Certificate is registered (the "Holder") on the registration books of the Issuer maintained by the Registrar and at the address appearing thereon at the close of business on the fifteenth day of the calendar month next preceding such Interest Payment Date (the "Regular Record Date"). Any interest not so timely paid shall cease to be payable to the person who is the Holder hereof as of the Regular Record Date, and shall be payable to the person who is the Holder hereof at the close of business on a date (the "Special Record Date") fixed by the Registrar whenever money becomes available for payment of the defaulted interest. Notice of the Special Record Date shall be given to Holders not less than ten days prior to the Special Record Date. The principal of and premium, if any, and interest on this Certificate are payable in lawful money of the United States of America. So long as this Certificate is registered in the name of the Depository or its Nominee as provided in the Resolution hereinafter described, and as those terms are defmed therein, payment of principal of, premium, if any, and interest on this Certificate and notice with respect thereto shall be made as provided in the Letter of Representations, as defined in the Resolution. Until termination of the book-entry only 1988913vl 6 @ o system pursuant to the Resolution, Certificates may only be registered in the name of the Depository or its Nominee. No Redemption. The Certificates of this issue (the "Certificates") are not subject to redemption and prepayment prior to their stated maturity dates. Issuance: Pw:pose: General Obligation. This Certificate is one of an issue in the total principal amount of $760,000, all oflike date of original issue and tenor, except as to 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 20, 2007 (the "Resolution"), for the purpose of providing money to fmance the purchase of various items of capital equipment for the Issuer. This Certificate is payable out of the General Obligation Equipment Certificates, Series 2007A Fund of the Issuer. This Certificate constitutes a general obligation of the Issuer and to provide moneys for the prompt and full payment of its principal, premium, if any, and interest when the same become due, the full faith and credit and taxing powers of the Issuer have been and are hereby irrevocably pledged. o Denominations: Exchange: Resolution. The Certificates are issuable solely in fully registered form in Authorized Denominations (as defined in the Resolution) and are exchangeable for fully registered Certificates of other Authorized Denominations in equal aggregate principal amounts at the principal office of the Registrar, but only in the manner and subject to the limitations provided in the Resolution. Reference is hereby made to the Resolution for a description of the rights and duties of the Registrar. Copies of the Resolution are on file in the principal office of the Registrar. Transfer. This Certificate is transferable by the Holder in person or by the Holder's attorney duly authorized in writing at the principal office of the Registrar upon presentation and surrender hereof to the Registrar, all subject to the terms and conditions provided in the Resolution and to reasonable regulations of the Issuer contained in any agreement with the Registrar. Thereupon the Issuer shall execute and the Registrar shall authenticate and deliver, in exchange for this Certificate, one or more new fully registered Certificates in the name of the transferee (but not registered in blank or to "bearer" or similar designation), of an Authorized Denomination or Denominations, in aggregate principal amount equal to the principal amount of this Certificate, of the same maturity and bearing interest at the same rate. Fees upon Transfer or Loss. The Registrar may require payment of a sum sufficient to cover any tax or other governmental charge payable in connection with the transfer or exchange of this Certificate and any legal or unusual costs regarding transfers and lost Certificates. o Treatment of Registered Owners. The Issuer and Registrar may treat the person in whose name this Certificate is registered as the owner hereof for the purpose of receiving payment as herein provided (except as otherwise provided herein with respect to the Record Date) and for all other purposes, whether or not this Certificate shall be overdue, and neither the Issuer nor the Registrar shall be affected by notice to the contrary. 1988913vl 7 GY o o o Authentication. This Certificate shall not be valid ~r become obligatory for any purpose or be entitled to any security unless the Certificate of Authentication hereon shall have been executed by the Registrar. Not Qualified Tax-Exempt Obligation. This Certificate has not been designated by the Issuer as a "qualified tax-exempt obligation" for purposes of Section 265(b )(3) 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 indebtedness. IN WITNESS WHEREOF, the City of Andover, Anoka County, Minnesota, by its City Council has caused this Certificate to be executed on its behalf by the facsimile signatures of its Mayor and its Clerk, the corporate seal of the Issuer having been intentionally omitted as permitted by law. Date of Registration: Registrable by: U.S. BANK NATIONAL ASSOCIATION Payable at: U.S. BANK NATIONAL ASSOCIATION REGISTRAR'S CERTIFICATE OF AUTHENTICATION CITY OF ANDOVER, ANOKA COUNTY, MINNESOTA This Certificate is one of the Certificates described in the Resolution mentioned within. Isl Facsimile Mayor U.S. Bank National Association St. Paul, Minnesota Registrar Isl Facsimile Clerk By Authorized Signature 1988913vl 8 @ For value received, the undersigned hereby sells, assigns and transfers unto the within Certificate and does hereby irrevocably constitute and appoint attorney to transfer the Certificate on the books kept for the registration thereof, with full power of substitution in the premises. o Dated: o o ABBREVIATIONS The following abbreviations, when used in the inscription on the face of this Certificate, shall be construed as though they were written out in full according to applicable laws or regulations: TEN COM - as tenants in common TEN ENT - as tenants by the entireties JT TEN - as joint tenants with right of survivorship and not as tenants in common UTMA - as custodian for under the Uniform ( Cust) Transfers to Minors Act (Minor) (State) Additional abbreviations may also be used though not in the above list. ASSIGNMENT Notice: The assignor's signature to this assignment must correspond with the name as it appears upon the face of the within Certificate in every particular, without alteration or any change whatever. Signature Guaranteed: Signature(s) must be guaranteed by a national bank or trust company or by a brokerage firm having a membership in one of the major stock exchanges or any other "Eligible Guarantor Institution" as defined in 17 CFR 240.17 Ad-15(a)(2). The Registrar will not effect transfer of this Certificate unless the information concerning the transferee requested below is provided. Name and Address: (Include information for all joint owners if the Certificate is held by joint account.) 1988913vl 9 @ o o 8. Execution: Temporary Certificates. The Certificates shall be printed (or, at the request of the Purchaser, typewritten) and shall be executed on behalf of the City by the signatures of its Mayor and Clerk and be sealed with the seal of the City; provided, however, that the seal of the City may be a printed (or, at the request of the Purchaser, photocopied) facsimile; and provided further that both of such signatures may be printed (or, at the request of the Purchaser, photocopied) facsimiles and the corporate seal may be omitted on the Certificates as permitted by law. In the event of disability or resignation or other absence of either such officer, the Certificates may be signed by the manual or facsimile signature of that officer who may act on behalf of such absent or disabled officer. In case either such officer whose signature or facsimile of whose signature shall appear on the Certificates shall cease to be such officer before the delivery of the Certificates, such signature or facsimile shall nevertheless be valid and sufficient for all purposes, the same as if he or she had remained in office until delivery. The City may elect to deliver, in lieu of printed definitive certificates, one or more typewritten temporary certificates in substantially the form set forth above, with such changes as may be necessary to reflect more than one maturity in a single temporary certificate. Such temporary certificates may be executed with photocopied facsimile signatures of the Mayor and Clerk. Such temporary certificates shall, upon the printing of the definitive certificates and the execution thereof, be exchanged therefor and canceled. 9. Authentication. No Certificate shall be valid or obligatory for any purpose or be entitled to any security or benefit under this resolution unless a Certificate of Authentication on such Certificate, substantially in the form hereinabove set forth, shall have been duly executed by an authorized representative of the Registrar. Certificates of Authentication on different Certificates need not be signed by the same person. The Registrar shall authenticate the signatures of officers of the City on each Certificate by execution of the Certificate of Authentication on the Certificate and by inserting as the date of registration in the space provided the date on which the Certificate is authenticated, except that for purposes of delivering the original Certificates to the Purchaser, the Registrar shall insert as a date of registration the date of original issue, which date is March 13,2007. The Certificate of Authentication so executed on each Certificate shall be conclusive evidence that it has been authenticated and delivered under this resolution. 10. Registration: Transfer: Exchange. The City will cause to be kept at the principal office of the Registrar a certificate register in which, subject to such reasonable regulations as the Registrar may prescribe, the Registrar shall provide for the registration of Certificates and the registration of transfers of Certificates entitled to be registered or transferred as herein provided. Upon surrender for transfer of any Certificate at the principal office of the Registrar, the City shall execute (if necessary), and the Registrar shall authenticate, insert the date of registration (as provided in paragraph 9) of, and deliver, in the name 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. o 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 @ o maturity, upon surrender of the Certificates to be exchanged at the principal office of the Registrar. Whenever any Certificates are so surrendered for exchange, the City shall execute (if necessary), and the Registrar shall authenticate, insert the date of registration of, and deliver the Certificates which the Holder making the exchange is entitled to receive. All Certificates surrendered upon any exchange or transfer provided for in this resolution shall be promptly canceled by the Registrar and thereafter disposed of as directed by the City. All Certificates delivered in exchange for or upon transfer of Certificates shall be valid general obligations of the City evidencing the same debt, and entitled to the same benefits under this resolution, as the Certificates surrendered for such exchange or transfer. Every Certificate presented or surrendered for transfer or exchange shall be duly endorsed or be accompanied by a written instrument of transfer, in form satisfactory to the Registrar, duly executed by the Holder thereof or the Holder's attorney duly authorized in writing. The Registrar may require payment of a sum sufficient to cover any tax or other governmental charge payable in connection with the transfer or exchange of any Certificate and any legal or unusual costs regarding transfers and lost Certificates. . o 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. II. Rights Upon Transfer or Exchange. Each Certificate delivered upon transfer of or in exchange for or in lieu of any other Certificate shall carry all the rights to interest accrued and unpaid, and to accrue, which were carried by such other Certificate. 12. Interest Payment: Record Date. Interest on any Certificate shall be paid on each Interest Payment Date by check or draft mailed to the person in whose name the Certificate is registered (the "Holder") on the registration books of the City maintained by the Registrar and at the address appearing thereon at the close of business on the fifteenth (15th) day of the calendar month next preceding such Interest Payment Date (the "Regular Record Date"). Any such interest not so timely paid shall cease to be payable to the person who is the Holder thereof as of the Regular Record Date, and shall be payable to the person who is the Holder thereof at the close of business on a date (the "Special Record Date") fixed by the Registrar whenever money becomes available for payment of the defaulted interest. Notice of the Special Record Date shall be given by the Registrar to the Holders not less than ten (10) days prior to the Special Record Date. o 13. Treatment of Registered Owner. The City and Registrar may treat the person in whose name any Certificate is registered as the owner of such Certificate for the purpose of receiving payment of principal of and premium, if any, and interest (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 contrary. 1988913vl 11 @ o o o 14. Deliverv: Aqplication of Proceeds. The Certificates when so prepared and executed shall be delivered by the Finance Director to the Purchaser upon receipt ofthe purchase price, and the Purchaser shall not be obliged to see to the proper application thereof. 15. Fund and Accounts. There is hereby created a special fund to be designated the "General Obligation Equipment Certificates, Series 2007A Fund" (the "Fund") to be administered and maintained by the Finance Director as a bookkeeping account separate and apart from all other funds maintained in the official financial records of the City. The Fund shall be maintained in the manner herein specified until all of the Certificates and the interest thereon have been fully paid. There shall be maintained in the Fund the following separate accounts: 16. Capital Account. To the Capital Account there shall be credited the proceeds of the sale of the Certificates, less accrued received thereon, and less any amount paid for the Certificates in excess ofthe minimum bid. From the Capital Account there shall be paid all costs and expenses of the acquisition of the Equipment including all costs incurred and to be incurred of the kind authorized in Minnesota Statutes, Section 475.65; and the moneys in said account shall be used for no other purpose except as otherwise provided by law; provided that the proceeds of the Certificates may also be used to the extent necessary to pay interest on the Certificates due prior to the anticipated date of commencement of the collection of taxes herein levied. 17. Debt Service Account. There are hereby irrevocably appropriated and pledged to, and there shall be credited to, the Debt Service Account: (i) all accrued interest received upon delivery of the Certificates; (ii) all funds paid for the Certificates in excess of the minimum bid; (iii) all taxes herein and hereafter levied for the payment of the Certificates; (iv) all funds remaining in the Capital Account after the payment of all costs of the Equipment; (v) all investment earnings on funds held in the Debt Service Account; and (vi) any and all other moneys which are properly available and are appropriated by the governing body of the City to the Debt Service Account. The Debt Service Account shall be used solely to pay the principal and interest of the Certificates and any other general obligation certificates of the City hereafter issued by the City and made payable from said account as provided by law. No portion of the proceeds of the Certificates shall be used directly or indirectly to acquire higher yielding investments or to replace funds which were used directly or indirectly to acquire higher yielding investments, except (i) for a reasonable temporary period until such proceeds are needed for the purpose for which the Certificates were issued and (ii) in addition to the above in an amount not greater than the lesser of five percent of the proceeds of the Certificates or $100,000. To this effect, any proceeds of the Certificates and any sums from time to time held in the Capital Account or Debt Service Account (or any other City account which will be used to pay principal or interest to become due on the certificates payable therefrom) in excess of amounts which under then-applicable federal arbitrage regulations may be invested without regard to yield shall not be invested at a yield in excess of the applicable yield restrictions imposed by said arbitrage regulations on such investments after taking into account any applicable "temporary periods" or "minor portion" made available under the federal arbitrage regulations. 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 @ o o o 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 Certificates. The tax levies shall be irrepealable so long as any of the Certificates are outstanding and unpaid, provided that the City reserves the right and power to reduce the levies in the manner and to the extent permitted by Minnesota Statutes, Section 475.61, Subdivision 3. 19. Defeasance. When all Certificates have been discharged as provided in this paragraph, all pledges, covenants and other rights granted by this resolution to the registered holders of the Certificates shall cease. The City may discharge its obligations with respect to any Certificates which are due on any date by irrevocably depositing with the Registrar on or before that date a sum sufficient for the payment thereof in full; or if any Certificate should not be paid when due, it may nevertheless be discharged by depositing with the Registrar a sum sufficient for the payment thereof in full with interest accrued to the date of such deposit. The City may also at any time discharge its obligations with respect to any Certificates, subject to the provisions of law now or hereafter authorizing and regulating such action, by depositing irrevocably in escrow, with a suitable banking institution qualified by law as an escrow agent for this purpose, cash or securities described in Minnesota Statutes, Section 475.67, Subdivision 8, bearing interest payable at such times and at such rates and maturing on such dates as shall be required, subj ect to sale and/or reinvestment, to pay all amounts to become due thereon to maturity. 20. Compliance with Reimbursement Bond Regulations. 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 @ o o o Reimbursement Expenditure is paid, or identifies a specific fund or account of the City and the general functional purpose thereof from which the Reimbursement Expenditure was to be paid (collectively the "Project"); and (iii) states the maximum principal amount of debt expected to be issued by the City for the purpose of financing the Project; provided, however, that no such Declaration shall necessarily have been made with respect to: (i) "preliminary expenditures" for the Project, 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 1.150-2(d)(3) of the Reimbursement Regulations. (c) The "reimbursement allocation" described in the Reimbursement Regulations for each Reimbursement Expenditure shall and will be made forthwith following (but not prior to) the ~ssuance 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, ifmade within 30 days after the Certificates are issued, shall be treated as made on the day the Certificates are issued. Provided, however, that the City may take action contrary to any of the foregoing covenants in this paragraph upon receipt of an opinion of its Bond Counsel for the Certificates stating in effect that such action will not impair the tax-exempt status of the Certificates. 21. Continuing Disclosure. The City is the sole obligated person with respect to the Certificates. The City hereby agrees, in accordance with the provisions of Rule 15c2-12 (the "Rule"), promulgated by the Securities and Exchange Commission (the "Commission") pursuant to the Securities Exchange Act of 1934, as amended, and a Continuing Disclosure Undertaking (the "Undertaking") hereinafter described to: (a) Provide or cause to be provided to each nationally recognized municipal securities information repository ("NRMSIR") and to the appropriate state information depository ("SID"), if any, for the State of Minnesota, in each case as designated by the Commission in accordance with the Rule, certain annual fmancial information and operating data in accordance with the Undertaking. The City reserves the right to modify from time to time the terms of the Undertaking as provided therein. (b) Provide or cause to be provided, in a timely manner, to (i) each NRMSIR or to the Municipal Securities Rulemaking Board ("MSRB") and (ii) the SID, notice of the occurrence of certain material events with respect to the Certificates in accordance with the Undertaking. 1988913vl 14 @Y o ( 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 covenants. The Mayor and Clerk of the City, or any other officer of the City authorized to act in their place (the "Officers") are hereby authorized and directed to execute on behalf of the City the Undertaking in substantially the form presented to the City Council subject to such modifications thereof or additions thereto as are (i) consistent with the requirements under the Rule, (ii) required by the Purchaser of the Certificates, and (iii) acceptable to the Officers. o 22. General Obligation Pledge. For the prompt and full payment of the principal and interest on the Certificates, as the same respectively become due, the full faith, credit and taxing powers of the City shall be and are hereby irrevocably pledged. If the balance in the Debt Service Account is ever insufficient to pay all principal and interest then due on the Certificates and any other certificates payable therefrom, the deficiency shall be promptly paid out of any other funds of the City which are available for such purpose, and such other funds may be reimbursed with or without interest from the Debt Service Account when a sufficient balance is available therein. 23. Certificate of Registration. A certified copy of this resolution is hereby directed to be filed with the Director of Property Tax and Public Records of Anoka County, together with such other information as the Director shall require and there shall be obtained from the Director a certificate that the Certificates have been entered in the Bond Register and that the tax levy required by law has been made. 24. Records and Certificates. The officers of the City are hereby authorized and directed to prepare and furnish to the Purchaser, and to the attorneys approving the legality of the issuance of the Certificates, certified copies of all proceedings and records of the City relating to the Certificates and to the financial condition and affairs of the City, and such other affidavits, certificates and 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 therein. 25. Negative Covenant as to Use of Proceeds and Equipment. The City hereby covenants not to use the proceeds of the Certificates or the equipment 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" o within the meaning of Sections 103 and 141 through 150 of the Code. 1988913vl 15 @ o o o 26. Tax-Exempt Status of the Certificates: Rebate: Elections. The City shall comply with requirements necessary under the Code to establish and maintain the exclusion from gross income under Section 103 of the Code of the interest on the Certificates, including without limitation (i) requirements relating to temporary periods for investments, (ii) limitations on amounts invested at a yield greater than the yield on the Certificates, and (iii) the rebate of excess investment earnings to the United States. The City expects to satisfy the 18-month expenditure exemption for gross proceeds of the Certificates as provided in Section 1.148-7(d)(1) of the Regulations. The Mayor, the Administrator or either one of them, are hereby authorized and directed to make such elections as to arbitrage and rebate matters relating to the Certificates as they deem necessary, appropriate or desirable in connection with the Certificates, and all such elections shall be, and shall be deemed and treated as, elections of the City. 27. Payment of Issuance Expenses. The City authorizes the Purchaser to forward the amount of Certificate proceeds allocable to the payment of issuance expenses to U. S. Trust Company N.A., Greenwich, Connecticut on the closing date for further distribution as directed by the City's fmancial advisor, EWers. 28. Severability. If any section, paragraph or provision of this resolution shall be held to be invalid or unenforceable for any reason, the invalidity or unenforceability of such section, paragraph or provision shall not affect any of the remaining provisions hereof. 29. Headings. Headings in this resolution are included for convenience of reference only and are not a part hereof, and shall not limit or 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 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. 1988913v 1 16 0Y o o o STATE OF MINNESOTA COUNTY OF ANOKA CITY QF ANDOVER I, the undersigned, being the duly qualified and acting Clerk of the City of Andover, Minnesota, DO HEREBY CERTIFY that I have compared the attached and foregoing extract of minutes with the original thereof on file in my office, and that the same is a full, true and complete transcript of the minutes of a meeting of the City Council, duly called and held on the date therein indicated, insofar as the minutes relate to providing for the issuance and the sale of $760,000 General Obligation Equipment Certificates, Series 2007A. WITNESS my hand on February _,2007. Clerk 1988913vl 17 @ o o o EXHIBIT A Bid Tabulation 1988913vl (iY d City of Andover, Minnesota $6,570,000 G.O. Water Revenue Refunding Bonds, Series 2007 FINAL - Proposed Crossover Refunding of $9,780,000 G.O. Water Revenue Bonds, Series 2002 Table of Contents Report Sources & Uses Prior Original Debt Service 2 Debt Service Schedule 3 Debt Service Comparison 4 Crossover Escrow Fund Cashflow 5 Refunding Summary 6 o 9-<\ City of Andover, Minnesota $6,570,000 G.O. Water Revenue Refunding Bonds, Series 2007 FINAL - Proposed Crossover Refunding of $9,780,000 G.O. Water Revenue Bonds, Series 2002 Sources & Uses Dated 03/13/2007 I Delivered 03/13/2007 Sources Of Funds Par Amount of Bonds Reoffering Premium $6,570,000.00 1,771.00 Total Sources $6,571,771.00 Uses Of Funds Total Underwriters Discount (0.445%) Costs of Issuance Gross Bond Insurance Premium ( 19.8 bp) Deposit to Crossover Escrow FlUld Rounding Amount 29,223.80 30,118.75 19,000.00 6,492,425.81 1,002.64 Total Uses $6,571,771.00 9 I , City of Andover, Minnesota $9,870,000 G.O. Water Revnue Bonds, Series 2002 Prior Original Debt Service Date Principal Coupon 08/0112007 02/01/2008 08/01/2008 02/01/2009 08/01/2009 02/01/2010 08/01/2010 02/01/2011 08/01/2011 02/01/2012 08/01/2012 02/01/2013 455,000.00 4.450% 08/01/2013 02/01/2014 475,000.00 4.550% 08/01/2014 02/01/2015 500,000.00 4.650% 08/01/2015 02/01/2016 525,000.00 4.750% 08/01/2016 02/01/2017 550,000.00 4.850% 08/01/2017 02/01/2018 580,000.00 4.900% 08/01/2018 02/01/2019 610,000.00 4.950% 08/01/2019 02/01/2020 645,000.00 5.000% 08/01/2020 02/01/2021 680,000.00 5.000% 08/01/2021 02/01/2022 715,000.00 5.000% 08/01/2022 02/01/2023 755,000.00 5.000% Total $6,490,000.00 Yield Statistics Average Life Weighted Average Maturity (Par Basis) Average Coupon Refunding Bond Information Refunding Dated Date Refunding Delivery Date Interest Total P+I Fiscal Total 120,783.54 120,783.54 157,543.75 157,543.75 278,327.29 157,543.75 157,543.75 157,543.75 157,543.75 315,087.50 157,543.75 157,543.75 157,543.75 157,543.75 315,087.50 157,543.75 157,543.75 157,543.75 157,543.75 315,087.50 157,543.75 157,543.75 157,543.75 157,543.75 315,087.50 157,543.75 157,543.75 157,543.75 612,543.75 770,087.50 147.420.00 147,420.00 147,420.00 622,420.00 769,840.00 136,613.75 136.613.75 136,613.75 636,613.75 773,227.50 124,988.75 124,988.75 124,988.75 649,988.75 774,977.50 112,520.00 112,520.00 112,520.00 662,520.00 775,040.00 99,182.50 99,182.50 99,182.50 679,182.50 778,365.00 84,972.50 84,972.50 84,972.50 694,972.50 779,945.00 69,875.00 69,875.00 69,875.00 714,875.00 784,750.00 53,750.00 53,750.00 53,750.00 733,750.00 787,500.00 36,750.00 36,750.00 36,750.00 751,750.00 788,500.00 18,875.00 18,875.00 18,875.00 773,875.00 792,750.00 $3,623,659.79 $10,113,659.79 11.392 Years 11.392 Years 4.9012862% 3/13/2007 3/13/2007 SerD2$9.78MGOWtrRev I SINGLE PURPOSE I 2/13120071 1:00PM Ehlers & Associates, Inc. Leaders in Public Finance Page 2 6]) o o o City of Andover, Minnesota $6,570,000 G.O. Water Revenue Refunding Bonds, Series 2007 FINAL - Proposed Crossover Refunding of $9,780,000 G.O. Water Revenue Bonds, Series 2002 Debt Service Schedule Date Principal Coupon Interest Total P+I Fiscal Total 03113/2007 08/01/2007 102,022.73 102.022.73 02/01/2008 133,073.13 133,073.13 235,095.86 08/0112008 133,073.13 133,073.13 0210112009 133,073.13 133,073.13 266,146.26 08/01/2009 133,073.13 133,073.13 02101/2010 133,073.13 133,073.13 266,14626 08/01/2010 133,073.13 133,073.13 02101/2011 133,073.13 133,073.13 266,146.26 08/01/2011 133,073.13 133,073.13 02/01/2012 133,073.13 133,073.13 266,146.26 08/01/2012 133,073.13 133,073.13 02/01/2013 485,000.00 4.000% 133,073.13 618,073.13 751,14626 08/0112013 123,373.13 123,373.13 02/0112014 505,000.00 4.000% 123,373.13 628,373.13 751,746.26 08/0112014 113,273.13 113,273.13 0210112015 525,000.00 4.000% 113,273.13 638,273.13 751,546.26 08/01/2015 102,773.13 102,773.13 0210112016 550,000.00 4.000% 102,773.13 652,773.13 755,54626 _Oll~Ol~~It;_____ _________________.__________.________________________________ 91. 773.13 _______9J,Z7}~1}_________________________ 0210112017 570,000.00 4.000% 91,773.13 661,773.13 753,546.26 08/0112017 80,373.13 80,373.13 02101/2018 595,000.00 4.000% 80,373.13 675,373.13 755,746.26 08101/2018 68,473.13 68,473.13 .___~~0.1~012_______ 615,000.00 4.000% 68,473.13 68~~4Z:J,.IL ______'?~1,2:4t;:~t;. 08/0112019 56,173.13 56,173.13 02/0112020 640,000.00 4.000'% 56,173.13 696,173.13 752,34626 08/0112020 43,373.13 43,373.13 0210112021 665,000.00 4.100% 43,373.13 708,373.13 751,74626 __08/01~()~____________________________________________.__.____._ 29,7'!D.c6;J______.______~2.2:40.:t;L_.___.._______ 02101/2022 695,000.00 4.125% 29,740.63 724,740.63 754,481.26 08/01/2022 15,40625 15,40625 02101/2023 725,000.00 4.250% 15,40625 740,40625 755,812.50 Total 56,570,000.00 $3,015,291.00 $9,585,291.00 Yield Statistics Bond Year Dollars Average Life Average Coupon $74,108.50 11.280 Years 4.0687519% Net Interest Cost (NlC) True Interest Cost (TIC) Bond Yield for Arbitrage Purposes All Inclusive Cost (AlC) 4.1314340% 4.1454306% 4.0948928% 4.1978182% IRS Fonn 8038 Net Interest Cost Weighted Average Maturity 07xQverofSer02$9.78M I SINGLEPURPQSE I 2/1312007 I 1:00PM 4.0760559% 11.250 Years - - Ehlers & Associates, Inc. Leaders in Public FinanCE Page 3 @ d City of Andover, Minnesota $6,570,000 G.O. Water Revenue Refunding Bonds, Series 2007 FINAL - Proposed Crossover Refunding of $9,780,000 G.O. Water Revenue Bonds, Series 2002 Debt Service Comparison Date 02/0112008 02/0 1/2009 02/0112010 02/0112011 02/0112012 02/0112013 02/01/2014 02/01/2015 02/01/2016 02/01/2017 02/0112018 02/0112019 02/01/2020 02/01/2021 02/0112022 02/01/2023 c Total PV Analysis Summary (Net to Net) (7,922,754.03) $8,186,221.04 Total P+I 235,095.86 266,146.26 266,146.26 266,146.26 266,146.26 751,146.26 751,746.26 751,546.26 755,546.26 753,546.26 755,746.26 751,946.26 752,346.26 751,746.26 754,481.26 755,812.50 $9,585,291.00 Const Loan Pmt (235,095.86) (266,146.26) (266,146.26) (266,146.26) (266,146.26) (6,623,073.13) Existing D/S 278,327.29 315,087.50 315,087.50 315,087.50 315,087.50 6,647,543.75 Net FV Cashflow Savings Gross PV Debt Service Savings... Net PV Cashflow Savings @ 4.095%(Bond yield)..... Contingency or Rounding AmounL.............. Net Present Value Benefit Net PV Benefit / $6,490,000 Refunded Principal... Net PV Benefit / $6,570,000 Refunding Principal.. Net PV Benefit / $5,442,990.67 PV Refunded Debt Service Average Annual Cash Flow Savings.................. Refunding Bond Information Refunding Dated Date Refunding Delivery Date o 07XQverofSer02$9.78M I SINGLE PURPOSE I 2/1312007 J 1:00PM Net New D/S 277,324.65 315,087.50 315,087.50 315,087.50 315,087.50 775,616.88 751,746.26 751,546.26 755,546.26 753,546.26 755,746.26 751,946.26 752,346.26 751,746.26 754,481.26 755,812.50 59,847,755.37 Old Net D/S 278,327.29 315,087.50 315,087.50 315,087.50 315,087.50 770,087.50 769,840.00 773,227.50 774,977.50 775,040.00 778,365.00 779,945.00 784,750.00 787,500.00 788,500.00 792,750.00 $10,113,659.79 Savings 1,002.64 (5,529.38) 18,093.74 21,681.24 19,431.24 21,493.74 22,618.74 27,998.74 32,403.74 35,753.74 34,018.74 36,937.50 $265,904.42 265,904.42 164,663.50 164.663.50 1,002.64 $165,666.14 2.553% 2.522% 3.044% 16,619.03 3/1312007 3/1312007 Ehlers & Associates, Inc. Leaders in Public Finance Page 4 d City of Andover, Minnesota $6,570,000 G.O. Water Revenue Refunding Bonds, Series 2007 FINAL - Proposed Crossover Refunding of $9,780,000 G.O. Water Revenue Bonds, Series 2002 Crossover Escrow Fund Cashflow Date 03113/2007 08/01/2007 02/01/2008 08/01/2008 02/01/2009 08/01/2009 0210112010 08/01/2010 02/01/2011 08/01/2011 02/01/2012 08/01/2012 Zero Coupon Reinvestment Receipts 916.81 101,106.72 133,072.75 133,072. 75 133,073.75 133,827.75 132,695.75 132,695.75 133,827.75 132,695.75 132,695.75 6,623,072. 75 $7,922,754.03 Principal Rate Interest 1,132.00 103,370.72 132,695.75 132,695.75 132,695.75 132,695.75 132,695.75 132,695.75 132,695.75 132,695.75 132,695.75 132,695.75 $1,430,328.22 (5,264.00) $5,264.00 (2,264.00) (1,000.00) (1,000.00) (1,000.00) 1,377.00 1,377.00 1,378.00 1,132.00 6,490,377.00 4.089% $6,491,509.00 Total Investment Parameters Investment Model [pV, GIC, or SecwitiesJ Default investment yield target Cash Deposit Cost of Investments Purchased with Bond Proceeds --------------------------------------------------- ---------------- Total Cost ofJnvestments Disbursements Cash Balance 916.81 0.80 0.42 0.04 0.66 755.28 377.90 0.52 755.14 377.76 0.38 102,022.73 133,073.13 133,073.13 133,073.13 133,073.13 133,073.13 133,073.13 133,073.13 133,073.13 133,073.13 6,623,073.13 $7,922,754.03 Securities Bond Yield 916.81 _________________.....___~42.~,5i>2,QQ. $6,492,425.81 Target Cost ofInvestments at bond yield Actual positive or (negative) arbitrage Yield to Receipt Yield for Arbitr~e Purposes State and Local Government Series (SLGS) rates for 07xoverofSer02$9.78M I SINGLE PURPOSE 12113120071 1:00PM $6,492,094.19 (331.62) 4.0939992% 4.0948928% 2/13/2007 @ o City of Andover, Minnesota $6,570,000 G.O. Water Revenue Refunding Bonds, Series 2007 FINAL - Proposed Crossover Refunding of $9,780,000 G.O. Water Revenue Bonds, Series 2002 Refunding Summary Dated 03/13/2007 I Delivered 03/13/2007 Sources Of Funds Par Amount of Bonds ~E!ferif!~ Premi~__________________ $6,570,000.00 ~_~___J27l.~ Total Sources $6,571,771.00 Uses Of Funds I,,-~ Un~erwriter's Disc-"1IJlUO.~'Y02.____~___~_~__~~__~~~~____~_~ Costs of Issuance Gross Bond Insurance Premium ( 19.8 bp) Deposit to Crossover Escrow Fund Rounding Amount ~_~~~,~9_ 30,118.75 19,000.00 6,492,425.81 1,002.64 Total Uses $6,571,771.00 Flow of Funds Detail o State and Local Government Series (SLGS) rates for Date of OMP Candidates 2/13/2007 Crossover Escrow Fund Solution Method Total Cost of Investments Interest Earnings @4.094% Total Draws Net Funded $6,492,425.81 1,430,32822 $7,922,754.03 Issues Refunded And Call Dates Ser 02 $9.78M GO Wtr Rev Bds 8/0112012 PV Analysis Summary (Net to Net) Net PV Cashflow Saviogs @ 4.095%(Bond Yield) Contingency or Rounding Amount Net Present Value Benefit 164,66350 1,002.64 $165,666.14 Jo!.et~1'-~~~n~!itL.s~,~~O...o.O()I,~e.f\lIIded}>!!n~ip~~~~_~_~_~~__________._._.. Net PV Benefit / $6,570,000 Refunding Principal 2553% .______________u____ ______________________________ 2522% Bond Statistics Average L!f~_______________________________.________________________~__ Average Coupon 11.280 Years 4.0687519% o NetlnterestCost(NlC) 4.1314340% Bond Yield for Arbitrage Purposes 4.0948928% TrueJ~~~~c:;~s~Qlc;L~~~_~~ ~~~______~__~_~~__.._____~__~~~~~~~___~____~_____~~_~~~_~~_~~______~_~~~__j.1454306'Y~ All Inclusive Cost (AlC) 4.1978182% 07xQverofSer02$9.78M I $INGLEPURPOSE J 211312007 [1:00PM Ehlers & Associates, Inc. Leaders in Public FinancE Page 6 o EXTRACT OF MINUTES OF A MEETING OF THE CITY COUNCIL OF THE CITY OF ANDOVER, MINNESOTA HELD: February 20, 2007 Pursuant to due call and notice thereof, a regular or special meeting of the City Council of the City of Andover, Anoka County, Minnesota, was duly held at the City Hall on February 20,2007, at _ P.M., for the purpose, in part, of considering proposals and awarding the sale of $6,570,000 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: RESOLUTIQN RATIFYING ACCEPTANCE OF OFFER AND PROVIDING FOR THE ISSUANCE AND SALE OF $6,570,000 GENERAL OBLIGATION WATER REVENUE REFUNDING BQNDS, SERIES 2007B, PLEDGING FQR THE SECURITY THEREQF NET REVENUES o 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 fmance improvements to the System (the "Project"); and C. WHEREAS, $6,490,000 aggregate principal amount of the Prior Bonds which matures on and after February I, 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 D. WHEREAS, the City Council deems it desirable and in the best interests of the City to issue $6,570,000 General Obligation Water Revenue Refunding Bonds, Series 2007B (the "Bonds"), pursuant to Minnesota Statutes, Chapter 475.67, 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 o E. WHEREAS, the City has retained Ehlers & Associates, Inc., in Roseville, Minnesota ("Ehlers"), as its independent fmancial advisor for the sale of the Bonds and was 1989789vl @ o therefore authorized to sell the Bonds by private negotiation in accordance with Minnesota Statutes, Section 475.60, Subdivision 2(9) and proposals to purchase the Bonds have been solicited by Ehlers; and F. WHEREAS, the proposals set forth on Exhibit A attached hereto were received by the City Administrator, or designee, at the offices of Ehlers, at 11:00 A.M., on February 13, 2007 pursuant to the Terms of Proposal established for the Certificates; and G. WHEREAS, it is in the best interests of the City that the Bonds be issued in book- entry form as hereinafter provided; and NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Andover, Minnesota, as follows: I. Ratification of Acceptance of Proposal. All prior actions taken by the Administrator with respect to accepting the proposal of Cronin & Companv. Inc.. Minneapolis. Minnesota (the "Purchaser"), to purchase the Bonds, in accordance with the Terms of Proposal established for the Bonds, at the rates of interest hereinafter set forth, and to pay therefor the sum of $6.523.547.20, plus any interest accrued to settlement, is hereby ratified, accepted and the Certificates are hereby awarded to the Purchaser. The Clerk is directed to retain the deposit of the Purchaser and to forthwith return to the unsuccessful bidders any good faith checks or drafts.. o 2. Bond Terms. (a) Original Issue Date: Denominations: Maturities: Term Bond Option. The Bonds shall be dated March 13,2007, as the date of original issue, shall be issued forthwith on or after such date in fully registered form, shall be numbered from R-l upward in the denomination of $5,000 each or in any integral multiple thereof of a single maturity (the "Authorized Denominations") and shall mature on February I in the years and amounts as follows: Year Amount 2013 485,000 2014 505,000 2015 525,000 2016 550,000 2017 570,000 2018 595,000 2019 615,000 2020 640,000 2021 665,000 2022 695,000 2023 725,000 o The serial requirements of Minnesota Statutes, Chapter 475.54, Subdivision I, do not apply to the Bonds as they are payable primarily from a source other than ad valorem taxes, as permitted by Minnesota Statutes, Chapter 474.54, Sub. 17. 1989789vl @ o As may be requested by the Purchaser, one or more term Bonds may be issued having mandatory sinking fund redemption and final maturity amounts conforming to the foregoing principal repayment schedule, and corresponding additions may be made to the provisions of the applicable Bond(s). (b) Book Entry Onlv Svstem. The Depository Trust Company, a limited purpose trust company organized under the laws of the State of New York or any of its successors or its successors to its functions hereunder (the "Depository") will act as securities depository for the Bonds, and to this end: (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 under paragraphs 5 and 10 Authorized Denominations for any Bond shall be deemed to be limited during the Book Entry Qnly Period to the outstanding principal amount of that Bond. (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"). c (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 fmancial 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 Qwner or any other person, other than the Depository, of any notice with respect to the Bonds, including any notice of redemption, or (C) the payment to any Participant, any Beneficial Owner or any other person, other than the Depository, of any amount with respect to the principal of or premium, if any, or interest on the Bonds, or (D) the consent given or other action taken by the Depository as the Registered Holder of any Bonds (the "Holder"). For purposes of securing the vote or consent of any Holder under this Resolution, the City may, however, rely upon an omnibus proxy under which the Depository assigns its consenting or voting rights to certain Participants to whose accounts the Bonds are credited on the record date identified in a listing attached to the omnibus proxy. o (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 whatsoever. The Bond Registrar, as 1989789vl @ o paying agent hereunder, 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, and all such payments shall be valid and effective to fully satisfy and discharge the City's obligations with respect to the principal of and premium, if any, and interest on the Bonds to the extent of the sum or sums so paid. (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 Nominee. (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"). o (vii) All transfers of beneficial ownership interests in each Bond issued in book- entry form shall be limited in principal amount to Authorized Denominations and shall be effected by procedures by the Depository with the Participants for recording and transferring the ownership of beneficial interests in such Bonds. (viii) In connection with any notice or other communication to be provided to the Holders pursuant to this Resolution by the City or Bond Registrar with respect to any consent or other action to be taken by Holders, the Depository shall consider the date of receipt of notice requesting such consent or other action as the record date for such consent or other action; provided, that the City or the Bond Registrar may establish a special record date.for such consent or other action. The City or the Bond Registrar shall, to the extent possible, give the Depository notice of such special record date not less than 15 calendar days in advance of such special record date to the extent possible. (ix) Any successor Bond Registrar in its written acceptance of its duties under this Resolution and any paying agency/bond registrar agreement, shall agree to take any actions necessary from time to time to comply with the requirements of the Letter of Representations. (c) Termination of Book-Entry Only Svstem. Discontinuance of a particular Depository's services and termination of the book-entry only system may be effected as follows: o (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 1989789vl @> o o o services of the Depository with respect to the Bond if it determines that the Depository is no longer able to carry out its functions as securities depository or the continuation of the system of book-entry transfers through the Depository is not in the best interests of the City or the Beneficial Owners. (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 ofthe Bonds shall designate at that time, in accordance with paragraph 10. 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 Owners. (iii) Nothing in this subparagraph (d) shall limit or restrict the provisions of paragraph 10. (d) Letter of Representations. The provisions in the Letter of Representations are incorporated herein by reference and made a part of the resolution, and if and to the extent any such provisions are inconsistent with the other provisions of this resolution, the provisions in the Letter of Representations shall control. 3. Purpose: Refunding Findings. 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 475.67, 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 $164.663.50 for the Prior Bonds to a total dollar amount of $265.904.42 for the Bonds, computed in accordance with the provisions of Minnesota Statutes, Section 475.67, subdivision 12. 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. 4. Interest. The Bonds shall bear interest payable semiannually on February I and August I of each year (each, an "Interest Payment Date"), commencing August I, 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 @ 0 Maturitv Year Interest Rate 2013 4.000% 2014 4.000% 2015 4.000% 2016 4.000% 2017 4.000% 2018 4.000% 2019 4.000% 2020 4.000% 2021 4.100% 2022 4.125% 2023 4.250% o 5. Redemption. All Bonds maturing on February I, 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 Registrar. Bonds or portions thereof called for redemption shall be due and payable on the redemption date, and interest thereon shall cease to accrue from and after the redemption date. Mailed notice of redemption shall be given to the paying agent and to each affected registered holder of the Bonds at least thirty days prior to the date fixed for redemption. To effect a partial redemption of Bonds having a common maturity date, the Bond Registrar prior to giving notice of redemption shall assign to each Bond having a common maturity date a distinctive number for each $5,000 of the principal amount of such Bond. The Bond Registrar shall then select by lot, using such method of selection as it shall deem proper in its discretion, from the numbers so assigned to such Bonds, as many numbers as, at $5,000 for each number, shall equal the principal amount of such Bonds to be redeemed. The Bonds to be redeemed shall be the Bonds to which were assigned numbers so selected; provided, however, that only so much of the principal amount of each such Bond ofa 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 City or Bond Registrar so requires, a written instrument of transfer in form satisfactory to the City and Bond Registrar duly executed by the holder thereof or the Holder's attorney duly authorized in writing) and the 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 Denomination or Denominations, as requested by such Holder, in aggregate principal amount equal to and in exchange for the unredeemed portion of the principal of the Bond so surrendered. o 6. Bond Registrar. U.S. Bank National Association, in St. Paul, Minnesota, is appointed to act as bond registrar and transfer agent with respect to the Bonds (the "Bond Registrar"), and shall do so unless and until a successor Bond Registrar is duly appointed, all pursuant to any contract the City and Bond Registrar shall execute which is consistent herewith. 1989789vl @ o o o The Bond Registrar shall also serve as paying agent unless and until a successor paying agent is duly appointed. Principal and interest on the Bonds shall be paid to the registered holders (or record holders) of the Bonds in the manner set forth in the form of Bond and paragraph 12 of this resolution. 7. Form of Bond. The Bonds, together with the Bond Registrar's Certificate of Authentication, the form of Assignment and the registration information thereon, shall be in substantially the following form: 1989789vl @ o o o 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 I, March 13,2007 REGISTERED OWNER: CEDE & CO. PRINCIPAL AMOUNT: THE CITY OF ANDQVER, 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 I and August I of each year (each, an "Interest Payment Date"), commencing August I, 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 of U.S. Bank National Association, in St. Paul, Minnesota (the "Bond Registrar"), acting as paying agent, or any successor paying agent duly appointed by the Issuer. Interest on this Bond will be paid on each Interest Payment Date by check or draft mailed to the person in whose name this Bond is registered (the "Holder" or "Bondholder") on the registration books of the Issuer maintained by the Bond Registrar and at the address appearing thereon at the close of business on the fifteenth day of the calendar month next preceding such Interest Payment Date (the "Regular Record Date"). Any interest not so timely paid shall cease to be payable to the person who is the Holder hereof as of the Regular Record Date, and shall be payable to the person who is the Holder hereof at the close of business on a date (the "Special Record Date") fixed by the Bond Registrar whenever money becomes available for payment of the defaulted interest. Notice of the Special Record Date shall be given to Bondholders not less than ten days prior to the Special Record Date. The principal of and premium, if any, and interest on this Bond are payable in lawful money of the United States of America. So long as this Bond is registered in the name of the Depository or its Nominee as provided in the Resolution hereinafter described, and as those terms are defined therein, payment of principal of, premium, if any, and interest on this Bond and notice with respect thereto shall be made as provided in the Letter of Representations, as defined in the Resolution. Until termination of the . book-entry only system pursuant to the Resolution, Bonds may only be registered in the name of the Depository or its Nominee. 1989789vl B o o o Redemption. 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 I, 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 redemption. Selection of Bonds for Redemption: Partial Redemption. To effect a partial redemption of Bonds having a common maturity date, the Bond Registrar shall assign to each Bond having a common maturity date a distinctive number for each $5,000 of the principal amount of such Bond. The Bond Registrar shall then select by lot, using such method of selection as it shall deem proper in its discretion, from the numbers assigned to the Bonds, as many numbers as, at $5,000 for each number, shall equal the principal amount of such Bonds to be redeemed. The Bonds to be redeemed shall be the Bonds to which were assigned numbers so selected; provided, however, that only so much of the principal amount of such Bond of a denomination of more than $5,000 shall be redeemed as shall equal $5,000 for each number assigned to it and so selected. If a Bond is to be redeemed only in part, it shall be surrendered to the Bond Registrar (with, ifthe 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 surrendered. Issuance: Purpose: General Obligation. This Bond is one of an issue in the total principal amount of $6,570,000, 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 20, 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 1,2013. This Bond is payable out of the Escrow Account and the General Obligation Water Revenue Refunding Bonds, Series 2007B Fund of the Issuer. This Bond constitutes a general obligation of the Issuer, and to provide moneys for the prompt and full payment of its principal, premium, if any, and interest when the same become due, the full faith and credit and taxing powers of the Issuer have been and are hereby irrevocably pledged. Denominations: Exchange: Resolution. 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 o principal office of the Bond Registrar, but only in the manner and subject to the limitations provided in the Resolution. Reference is hereby made to the Resolution for a description of the rights and duties of the Bond Registrar. Copies of the Resolution are on file in the principal office ofthe Bond Registrar. Transfer. This Bond is transferable by the Holder in person or by the Holder's attorney duly authorized in writing at the principal office of the Bond Registrar upon presentation and surrender 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 Registrar. Thereupon the Issuer shall execute and the Bond Registrar shall authenticate and deliver, in exchange for this Bond, one or more new fully registered Bonds in the name of the transferee (but not registered in blank or to "bearer" or similar designation), of an Authorized Denomination or Denominations, in aggregate principal amount equal to the principal amount of this Bond, of the same maturity and bearing interest at the same rate. Fees upon Transfer or Loss. The Bond Registrar may require payment of a sum sufficient to cover any tax or other governmental charge payable in connection with the transfer or exchange of this Bond and any legal or unusual costs regarding transfers and lost Bonds. o Treatment of Registered Owners. The Issuer and Bond Registrar may treat the person in whose name this Bond is registered as the owner hereof for the purpose of receiving payment as herein provided (except as otherwise provided herein with respect to the Record Date) and for all other purposes, whether or not this Bond shall be overdue, and neither the Issuer nor the Bond Registrar shall be affected by notice to the contrary. Authentication. This Bond shall not be valid or become obligatory for any purpose or be entitled to any security unless the Certificate of Authentication hereon shall have been executed by the Bond Registrar. Not Qualified Tax-Exempt Obligation. 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 amended. o 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 @ o o o the date of original issue hereof and the date of its issuance and delivery to the original purchaser, does not exceed any constitutional or statutory limitation of indebtedness. IN WITNESS WHEREOF, the City of Andover, Anoka County, Minnesota, by its City Council has caused this Bond to be executed on its behalf by the facsimile signatures of its Mayor and its Clerk, the corporate seal of the Issuer having been intentionally omitted as permitted by law. Date of Registration: Registrable by: U.S. BANK NATIONAL ASSOCIATION Payable at: U.S. BANK NATIONAL ASSOCIATION BOND REGISTRAR'S CERTIFICATE OF AUTHENTICATION This Bond is one of the Bonds described in the Resolution mentioned within. CITY OF ANDOVER, ANOKA COUNTY, MINNESOTA Isl Facsimile Mayor U.S. BANK NATIQNAL ASSOCIATION St. Paul, Minnesota Bond Registrar Isl Facsimile Clerk By: Authorized Signature 1989789vl @ o 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 o premIses. Dated: Notice: The assignor's signature to this assignment must correspond with the name as it appears upon the face of the within Bond in every particular, without alteration or any change whatever. Signature Guaranteed: Signature(s) must be guaranteed by a national bank or trust company or by a brokerage firm having a membership in one of the major stock exchanges or any other "Eligible Guarantor Institution" as defined in 17 CFR 240.17 Ad-15(a)(2). The Bond Registrar will not effect transfer of this Bond unless the information concerning the transferee requested below is provided. Name and Address: o (Include information for all joint owners if the Bond is held by joint account.) 1989789vl @ o o o PREPAYMENT SCHEDULE This Bond has been prepaid in part on the date(s) and in the amount(s) as follows: DATE 1989789vl AMOUNT AUTHORIZED SIGNATURE OF HOLDER @ o o o 8. Execution: Temporary 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 manual 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 13, 2007. The Certificate of Authentication so executed on each Bond shall be conclusive evidence that it has been authenticated and delivered under this resolution. lO. 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, insert the date of registration (as provided in paragraph 9) of, and deliver, in the name of the designated transferee or transferees, one or more new Bonds of any Authorized Denomination or Denominations of a like aggregate principal amount, having the same stated maturity and interest rate, as requested by the transferor; provided, however, that no Bond may be registered in blank or in the name of "bearer" or similar designation. At the option of the Holder, Bonds may be exchanged for Bonds of any Authorized Denomination or Denominations of a like aggregate principal amount and stated maturity, upon surrender of the Bonds to be exchanged at the principal office of the Bond Registrar. Whenever 1989789vl @ o o 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. II. Rights Upon Transfer or Exchange. Each Bond delivered upon transfer of or in exchange for or in lieu of any other Bond shall carry all the rights to interest accrued and unpaid, and to accrue, which were carried by such other Bond. 12. Interest 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. Treatrilent of Recistered 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 o notice to the contrary. 1989789vl ~ o o o 14. Deliverv; 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 Qbligation 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 maintained 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 fmancial 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 financial 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 of the 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 I, 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 1,2012; and (ii) the principal of the Prior Bonds due by reason of their call 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 o o o 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 I, 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 insured by the United States or any agency or instrumentality thereof if and to the extent that such investment would cause the Bonds to be "federally guaranteed" within the meaning of Section 149(b) of the 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 @ o 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 insufficient 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. o (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 fmds 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. o 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 1989789vl @ o o o 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 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, without regard to sale and/or reinvestment, to pay all amounts to become due thereon to maturity. 22. Certificate ofRegjstration. 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 fmancial 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 oftax~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 Qualified 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 fmancial advisor, Ehlers. 1989789vl @ o o o 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 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 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. 1989789vl @ o o o STATE OF MINNESOTA COUNTY OF ANOKA CITY OF ANDOVER I, the undersigned, being the duly qualified and acting Clerk of the City of Andover, Minnesota, DO HEREBY CERTIFY that I have 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 $6,570,000 General Obligation Water Revenue Refunding Bonds, Series 2007B. WITNESS my hand on February _,2007. Clerk 1989789vl @ o o o @ 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304. (763) 755-5100 FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US TQ: Mayor and Council Members CC: Jim Dickinson, City Administrator FROM: David D. Berkowitz, City Engineer SUBJECT: Hold Public Hearing/03-27/Wellhead Protection Plan - Engineering DATE: February 20,2007 INTRODUCTIQN The City Council is requested to hold a public hearing at 8:01 PM for the Wellhead Protection Plan, Project 03-27. DISCUSSION The Minnesota Department of Health (MDH) requires Cities that supply municipal water to prepare a Wellhead Protection Plan to identify possible contaminants that could impact the supply and put in place a plan to prevent contaminants from affecting the water supply. John Chlebeck from Short Elliot Hendrickson worked closely with the City Staff and the MDH to prepare the plan. John will give a brief presentation on the plan before the public hearing is opened. The purposes of the Public Hearing is to provide the public with information regarding the level of protection needed for the public water supply well, make land owners aware of proposed management strategies that affect their property when it comes to Municipal Wellhead Protection and solicit comments regarding potential contaminant sources or conflicting land uses which may impact the public water supply well. Attached for your information is the public hearing notice. The Wellhead Protection Plan is available for review in the City Engineer's office. ACTIQN REQUIRED The City Council is requested to hold the public hearing and approve the Wellhead Protection Plan, Project 03-27. Respectfully submitted, CJ~0. ~ David D. Berkowitz Attachments: Public Hearing Notice/ C.c. John Chlebeck, SEH o o o .---..-. 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 Public Hearing onYl/!3l1h!3ad Protection Plan Projectrei.27 ... NOTICE IS HEREBY GIVEN that the Andover City Council of the City of Andover, Anoka County, Minnesota will meet at Andover City Hall, 1685 Crosstown Boulevard NW, in the City of Andover on Tuesday, February 20,2007 at 8:01 PM, to consider the Andover Wellhead Protection Plan. Purposes for holding the public hearing are as follows: . Make land owners aware of proposed management strategies that affect their property when it comes to Municipal Wellhead Protection. . Provide the public with information regarding the level of protection needed for the public water supply well. . Solicit comments regarding potential contaminant sources or conflicting land uses which may impact the public water supply well. The Wellhead Protection Plan is available for public review prior to the hearing at Andover City Hall. All written and verbal comments will be received at that time and location. CITY OF ANDOVER {L~ ULb Victoria Volk - City Clerk Publication Dates: 2/9/07 & 2/16/07 (Anoka Union) H:\Engineering\City Projects\Open City Projects\03-27 Wellhead Protection Update\Word Documents\Public Hearing Notice.DOC @ o 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304. (763) 755-5100 FAX (763) 755-8923 . WWW.C1.ANDOVER.MN.US CC: Jim Dickinson, City Administrator :t::L. David D. Berkowitz, City Engineer b!>.:;..;;> TO: Mayor and Council Members FROM: Todd J. Haas, Asst. City Engineer SUBJECT: Consider Access AgreementiForest Meadows ParkIRocket Turf - Engineering DATE: February 20,2007 INTRODUCTION This item is in regard to a request from Rocket Turf to have an access agreement to cross a portion of Forest Meadows Park. o DISCUSSION Attached is a letter from Rocket Turf with the request. For those that are not familiar with the park, it is located in the very north portion of the City and is 6.78 acres in size. There is a soccer field near the south end of the park that is used by the soccer associations. Attached is an aerial map of the park and the location of where Rocket Turf would like access so they can cross through the park to maintain and harvest their sod fields which is directly west of the park. Note: Rocket Turf was not aware that a portion of the property on the south end of the park belonged to the City and they and previous owners of the sod fields have been mowing and harvesting this area for quite some time. Rocket Turf bought the sod fields about 5 years ago from Bud Magnuson. If the City Council is agreeable to allow Rocket Turf to have access across a portion of the park, staff will prepare the agreement and bring this item back to the City Council for approval in March. ACTION REQUIRED The City Council is requested to consider allowing Rocket Turf to have access across Forest Meadows Park to maintain and harvest the sod fields which are adjacent to the park on the west side. Respectfully submitted, o ~~ Todd H~ / / Attachments: Letter from Rocket Turf & Location Map cc: Douglas Lawrence, Rocket Turf, 2477 NW Main, Coon Rapids, MN 55448 o o o TURF 2477 N.W. MAIN. COON RAPIDS, MN 55448 . 763-755-4930 . FAX: 763-755-4948 RECEIVED January 29,2007 .fAtit 3 0 ?P'17 .. r"T\' ^r" t~,''''''''''.'''~ ".. 'l ., '-.'" ., -.1' :f '\i r. ... ,: i ' -'",: r\i-'tt..:~..}\'1 ..~~l City of Andover Attn: Todd J. Haas 1685 Crosstown Blvd. NW Andover, MN 55304 763-767-5131 763-755-5100 Re: Access Agreement Forest Meadows Dear Mr. Haas, Rocket Turfhas a sod operation in Andover with fields that adjoin the Forest Meadows Park. It is necessary for us to cross a portion of the park to access our fields. When we purchased this property from Bud Magnuson, Magnuson Sod Co. in 2000, we were not aware that an agreement did not exist with the City. It is not our intent to infringe on the park property, but there is no other access available to us. We are requesting that the City of Andover grant us access thru Forest Meadows Park as needed to maintain and harvest these sod fields. Thank you for your assistance in this matter. Sincerely, ~~ Douglas Lawrence Rocket Turf We Specialize in Cultured Sod ..,., BIROS -0 ~ . . :;; z . . ~ z z . z ~ . ~ % W ~ ~. z z . ~ " z ~ ~ ~ ~ ~ ~ ~ ~ ~ " ~ ~ z z w 3 ~ c w E ~ z " ~ % ~ ~ ~ Z % ~ , z z ~ Z ~ :J ~ 3 ~ c c . % . ~ it "': ~ ~ tj, ~ $ : ~ ~ ~ ~ ~ c ~ ~ :; . z 'I" . >" . ~ ~ ~ Z % C , . . >" >" . ~ c . . . z >" z ~. ~ z z . , % Z Z . . ~ :;; >" ~ ~ z z . z :;; ~ ~ ~ ~ ~ ~ >" :;; ~ z ~ :;; . ~ c ~ ~ 1.j " . z ~ >" ~ ~ 0 " 0 z 0 c >" . z t w D ~ Z Z .~ '" , ~ . ~ . . :;; " 0 w 3';;. w ~ .'::> ~ . 0 Z . 0 0 0 > Z ~. ~ . . Z Z ~ ~ ~ Z . ~ Z ;j g ~ " Z :;; :;; ~ ~ ~ 5 ~ z :;; . .. w ~ ~ a .~ >" >" ~ ~ z ~ ~ " ~ ~ . 3 0 w w 0 ~ Ii! , > z 0 x > N > r= ~ o o o o ~ CC: 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (763) 755-5100 FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US Mayor and Councilmembers ~ ~ Jim Dickinson, City Administrato,r_ _6 Andy Cross, Associate Planner ,,4l)C Will Neumeister, Community Development Director tvL TO: FROM: SUBJECT: Consider Code Amendment/Establishing Farm Winery as a Home Occupation - Planning DATE: February 20, 2007 o INTRODUCTION At a recent City Council workshop, staffwas directed to make modifications to the City Code to allow farm wineries in the R-l zoning district on 2 Yz acre lots or larger with a Conditional Use Permit (see attached minutes). This report provides the suggested language changes to make that happen. The term "Farm Wineries" does not necessarily constitute a farm scale winery. As we are defining it, they may be operated on small acreage lots (2 Yz acres or larger). It is called a farm winery because that is how it is regulated by the State and Federal Government. At the last Council workshop on January 23,2007 staff discussed adding farm wineries to the definition of "Agricultural Use, Urban". However "Agricultural Use, Urban" is a permitted use that allows: An area of less than five (5) contiguous acres which is usedfor the purpose of growing produce including crops, fruit trees, shrubs, plants andflowers, vegetables, and the like, provided such produce is intended solely for the use of owners on the property or sale away from the property. To regulate farm wineries as a conditional use a different approach is needed. The primary problem is that if we were to make the "Agricultural Use, Urban" a conditional use, then all the hobby farms and gardeners who are in the R-l, R-2 and R-3 zoning district would need to come to the City to do any of these things that they are currently permitted to perform on their property without any special approvals. o DISCUSSION To meet the Council direction, the current home occupation section of the Zoning Code would need to have a special section added that addresses this use and how it may be regulated as a home occupation through a Conditional Use Permit. It is proposed as a conditional use to take care of any potential nuisances that could arise. If a farm winery is found to be a nuisance to the surrounding area, the Conditional Use Permit could be brought before the Council for review and o This also would allow some restrictions to be placed on this home occupation such as sales, quantity of wine produced, etc. If the City wants to place more restrictions related to sales on a site of a farm winery, the City Attorney has indicated a state law allows the City to be more restrictive related to alcoholic beverages. The following state statute allows the City to regulate it: 340A.509 LOCAL RESTRICTIONS. A local authority may impose further restrictions and regulations on the sale and possession of alcoholic beverages within its limits. Reeulatine of Sales The Council indicated at the workshop that the Code changes to allow a farm winery should specifically address these issues related to on-site sales: . The accessory structure where the farm winery conducts its business shall not be operated as a retail store (i.e. no retail displays will be allowed). . The only.on-site sales shall be considered as incidental sales, and only six on-site sales per day shall be allowed. All other sales will need to be made by the internet/telephone and mailed to the buyer via parcel post. o Table of Uses Currently the table of uses in the Zoning Code doesn't allow this particular use. To enable the farm winery to be considered in the R-l, R-2 and R-3 zones, the table of uses needs to be amended to show farm winery as a conditional use in those zoning districts. Plannine Commission Recommendation Staff checked with a couple 80-acre farm winery operators on how much wine they produce in a year. The volume varied; one said they produce 400-500 gallons per year while the other said they produce 5,000 gallons. Five thousand gallons of wine equates to about 25,000 bottles of wine. The City has the opportunity to restrict how much wine is produced annually as a condition of any Conditional Use Permit of this type. At the workshop in January, the Council indicated that they would like to set a production limit on a farm winery if located on a 2 'is acre size lot. The Planning Commission agreed, but unanimously recommended that a "not-to-exceed" limit be placed on the quantity of wine produced on all farm wineries in Andover. o Placing blanket production limits on all farm winery applications may be problematic. The applications have the potential to be vastly different from one another: the sizes of farm wineries in Andover may range from 2.5 acres to over 40, or wine may be produced from grapes grown on the premises or grapes imported from elsewhere. Given the range of variables that may accompany farm winery applications, it may be appropriate to enact production limits on a case- by-case basis. The current proposal allows this under 12-9-12: "E: Farm wineries shall be subject to production limits on the amount of wine produced on-site each year, as specified in the Conditional Use Permit." -Z-~ o o o As a bonded wine premises producing more than 200 gallons per year, a farm winery must submit an Excise Tax Return to the Federal Government. This document details the amount of wine produced on the site. As a condition of the Conditional Use Permit, the Council may require an annual review of this document by Staff to ensure the farm winery is complying with its quantity limits. If the Council is interested in exploring "not-to-exceed" quantity limits for all farm winery applications, staff has created these two options for consideration: I) Farm wineries on 2.5 acres or less shall limit production to 1,000 gallons per year. 2) Farm wineries shall limit production to 400 gallons per acre of land. ACTION REQUESTED The City Council is asked to review the proposed "Farm Winery" additions to the Code. Decide if a quantity limit should be placed within the Code for all farm winery applications, or left as a condition regulating each application individually. Approve the attached resolution and summary ordinance. Respectfully submitted, -1i~ , And ross ~iLr Will eumeister ~ Attachments: Resolution Summary Ordinance City Council Workshop Minutes Table of Uses State Statute on Farm Wineries Title 12-9 Home Occupations Planning Commission Minutes Cc: Mark Hedin, 3482 165th Lane NW, Andover, MN 55304 o CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA ORDINANCE NO. AN ORDINANCE AMENDING SECTIONS 12-2, 12-9 AND 12-12 OF CITY CODE OF THE CITY OF ANDOVER THE CITY COUNCIL OF THE CITY OF ANDOVER DOES HEREBY ORDAIN AS FOLLOWS (strike-outs shall indicate sections to be deleted, underlining shall indicate sections to be added): CITY CODE TITLE 12: ZONING REGULATIONS CHAPTER 2: RULES AND DEFINITIONS SECTION 2: DEFINITIONS Farm Wineries - A rural residential property that is a minimum of2 Y, acres in size, where the owner is engaged in making of table, sparkling, or fortified wines from grapes. grape iuice, other fruit bases, in conformance with State Statutes and Federal Laws. CHAPTER 9: HOME OCCUPATIONS o 12-9-12: FARM WINERIES: The following provisions shall applY to all farm wineries that are considered home occupations under the Conditional Use Permit process: A. Farm wineries which shall be allowed on 2 Y, acre or larger parcels in the R-l, R-2 andR-3 Zoning Districts. B. Farm wineries shall follow the standard building setbacks for the applicable Zoning District. C. Whether conducted in a principal or accessory structure, a farm winery shall not be operated as a retail store (Le. no retail displays will be allowed). D. Farm wineries shall be allowed onlv six on-site sales per day. All other sales will need to be made by the internet/telephone and mailed to the buyer yia parcel post. E. Farm wineries shall be subiect to production limits on the amount of wine produced on-site each year. as specified in the Conditional Use Permit. F. Other Requirements: All provisions of Section 12-9-2 of this chapter. G. Termination of Use Upon Sale of Property: Upon sale of the premises for which the Conditional Use Permit is granted, such permit shall terminate. o - y-- o CHAPTER 12: PERMITTED, CONDITIONAL, AND PROHIBITED USES Zoning Districts Permitted, Conditional, and Prohibited Uses R-l R-2 R-3 R-4 R-5 M-I M-2 GR LB NB SC GB I Farm Wineries C C C (subiect to City Code 12-9-12) Adopted by the City Council of the City of Andover on this _ day of February, 2007. CITY OF ANDOVER ATTEST: Michael R. Gamache, Mayor o Vicki Volk, City Clerk o -.s-- o - ;:)tJmmarl UreliMft ~ - CITY OF ANDOVER CQUNTY OF ANOKA STATE OF MINNESOTA ORDINANCE NO. SUMMARY AN ORDINANCE PERMITTING "FARM WINERY" AS A CONDITIONAL LAND USE IN THREE RESIDENTIAL ZONING DISTRICTS IN THE CITY QF ANDOVER. STATUTORY AUTHORIZATION AND POLICY Statutory Authorization This ordinance is adopted pursuant to the authorization and policies contained in Minnesota Statute 462. Policy Farm wineries will require a Conditional Use Permit in the R-l, R-2, andR-3 Residential zoning districts. The Conditional Use Permit will allow the City Council to put reasonable restrictions on farm wineries to avoid potential nuisances related to farm operations and wine production. GENERAL PROVISIONS AND DEFINITIONS o Jurisdiction o The provisions of this ordinance shall apply to the City of Andover Enforcement The City Administrator or his/her designee shall have the authority to enforce the provisions of this ordinance. Interpretation Interpretation ofthe provisions of this ordinance shall be held to be the minimum requirements and shall be liberally construed in the favor of the governing body. A printed copy of this ordinance is available for inspection by any person during regular hours of the City Clerk. Adopted by the City Council of the City of Andover on this 20th day of February, 2007. ATTEST: CITY OF ANDOVER Victoria V olk, City Clerk Michael R. Gamache, Mayor -c~ o o o Special Andover City Council Workshop Meeting "Draft" Minutes - January 23, 2007 Page 6 I 'REHENSWE PLAN UPDATE 2 3 Community De ment Director Neumeister and City Engineer Berkowitz indicated since last 4 updating the Council m tember, staff has began working on preparing a "draft" of the 5 Comprehensive Plan Update. xplained where staff is in the process. 6 7 Councilmember Jacobson noted Council would n ee to more density than was originally 8 agreed upon. The rest of the Council agreed and indica ey 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. 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 homesite. 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 Qrttel 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 case. 44 He indicated the amount of visitors would be less than six a day. -7- o o o Special Andover City Council Workshop Meeting "Draft" Minutes -January 23,2007 Page 7 I 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 farm 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 setby the Council. 22 23 24 'KED LAKE LOT SPLIT DISCUSSION 25 26 Mr. Neume' er stated Dennis Steinlicht has applied to split his property along Crooked Lake 27 Boulevard into o urban residential lots. The existing house, builtin 1946, would be removed 28 and two new house built on the lots. Qn October 17th, the Council expressed interest in 29 discussing two options t needed further research. The review period has been extended to 30 February 19, 2007 to allow Council the opportunity to discuss options available. The two 31 options that needed research wer . 32 I. Review with the City A ey if there was a hardship that could be used as a 33 finding to grant the variance. 34 2. Determine if there is an ordinanc 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 potenti ardship. On November 21 S\ the 38 Council directed staff to research whether other cities have co 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 42 District. 43 44 Councilmember Orttel suggested they come up with a PUD for redevelopment. Mr. Neum . -$- o '" '" 1! .;; '" '" ... '" !Xl ~ 1! "C " .;; 0 ~ '" 0 !Xl of 0 = -; -; .<:> .~ ... -'" 1! 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" ;>, ~ >-- ~ e~ ~ i~ ~ !~ E 0 ~ i ~ 50 e ~ 5 -g ~ ('\) ._ ;:I ""' "'" ~~o~ i; ';:;.~ 1.[ ~ ~ ~ u.l.<:>u.l i' 340A.l01, Minnesota Statutes 2006 http://ros.leg.mnlbinlgetpub.php?pubtype=STAT_CHAP _ SEC&year=2... o o o Ion legislature Home I links to the World I Help I Advanced Searc idle lRevbor. ef'Statutes House I Senate I Joint Departments and Commissions I Bill Search and Status. I Statutes, Laws, and Rules Minnesota Statutes Table of Chapters Chapter 340A Table of Contents 340A.101, Minnesota Statutes 2006 Copyright @ 2006 by the Office of Revisor of Statutes, State of Minnesota. ... 2 matches for farm winery" 340A.IOI DEFINITIONS. Subdivision 1. Terms. For purposes of this chapter the following terms have the meanings given them. Subd. 2. Alcoholic beverage. "Alcoholic beverage" is any beverage containing more than one-half of one percent alcohol by volume. Subd. 3. Affiliate or subsidiary company. "Affiliate or subsidiary company" is a company in which a manufacturer or its stockholders own a majority of the stock. Subd. 4. Brewer. "Brewer" is a person who manufactures malt liquor for sale. Subd. 5. City. "City" is a home rule charter or statutory city unless otherwise specified.. Subd. 6. Commissioner. "Commissioner" is the commissioner of public safety except as otherwise provided. Subd. 7. Club. "Club" is an incorporated organization organized under the laws of the state for civic, fraternal, social, or business purposes, for intellectual improvement, or for the promotion of sports, or a congressionally chartered veterans' organization, which: (1) has more than 30 members; (2) has owned or rented a building or space in a building for more than one year that is suitable and adequate for the accommodation of its members; (3) is directed by a board of directors, executive committee, or other similar body chosen by the members at a meeting held for that purpose. No member, officer, agent, or employee shall receive any profit from the distribution or sale of beverages to the members of the club, or their guests, beyond a reasonable salary or wages fixed and voted each year by the governing body. Subd. 8. Department. "Department" is the Department of Public Safety except as otherwise provided. Subd. 9. Distilled spirits. "Distilled spirits" is ethyl alcohol, hydrated oxide of ethyl, spirits of wine, whiskey, rum, brandy, gin, and other distilled spirits, including all dilutions and mixtures thereof, for nonindustrial use. Subd. 10. Exclusive liquor store. "Exclusive liquor store" is an establishment used exclusively for the sale of those items authorized in section 340A.412, subdivision 14. Subd. II. "'Farm winery.... "<llFarm winery'" " is a winery operated by the owner ofa Minnesota J ~ farm and producing table, sparkling, or fortified wines from grapes, grape juice, other fruit bases, or honey with a majority of the ingredients grown or produced in Minnesota. Subd. 12. General food store. "General food store" is a business primarily engaged in selling food and grocery supplies to the public for off-premise consumption. Subd. 12a. Home brewing equipment. "Home brewing equipment" means portable equipment designed for use in home manufacturing of malt liquor in quantities often gallons or less and supplies and ingredients for home manufacture of malt liquor. Subd. 13. Hotel. "Hotel" is an establishment where food and lodging are regularly furnished to transients and which has: _ /l? _ 2/15/20078:37 AM 340A.315, Minnesota Statutes 2006 http://ros.leg.mnlbinlgetpub.php?pubtype=STAT_CHAP _ SEC&year=cu... o o o Legislature Home I Links to the World I Help I Advanced Search ''Min_ata .Gf&e .;the ,lRevkor of Statutes House I Senate I Joint Departments and Commissions I Bill Search and Status I Statutes, Laws, and Rules Minnesota Statutes Table of Chapters Chapter 340A Table of Contents 340A.315, Minnesota Statutes 2006 Copyright@ 2006 by the Office of Revisor of Statutes, State of Minnesota. 340A.315 FARM WINERY LICENSE. Subdivision 1. Licenses. The commissioner may issue a farm winery license to the owner or operator of a farm winery located within the state and producing table, sparkling, or fortified wines. Licenses may be issued and renewed for an annual fee of $50, which is in lieu of all other license fees required by this chapter. Subd. 2. Sales. A license authorizes the sale, on the farm winery premises, of table, sparkling, or fortified wines produced by that farm winery at on-sale or off-sale, in retail, or wholesale lots in total quantities not in excess of 50,000 gallons in a calendar year, glassware, wine literature and accessories, cheese and cheese spreads, other wine-related food items, and the dispensing of free samples ofthe wines offered forsa1e. Sales at on-sale and off-sale may be made on Sundays between 12:00 noon and 12:00 midnight. Labels for each type or brand produced must be registered with the commissioner, without fee prior to sale. Subd. 3. Applicability. Except as otherwise specified in this section, all provisions of this chapter govern the production, sale, possession, and consumption of table, sparkling, or fortified wines produced by a farm winery. Subd. 4. Minnesota products. If Minnesota produced or grown grapes, grape juice, other fruit bases, or honey is not available in quantities sufficient to constitute a majority of the table, sparkling, or fortified wine produced by a farm winery, the holder ofthe farm winery license may file an affidavit stating this fact with the commissioner. If the commissioner, after consultation with the commissioner of agriculture, determines this to be true, the farm winery may use imported products and shall continue to be governed by the provisions of this section. The affidavit is effective for a period of one year, after which time the farm winery must use the required amount of Minnesota products as provided by subdivision I unless the farm winery holder files a new affidavit with the commissioner. Subd. 5.[Repealed, 1985 c 12 s 2] History: 1985 c 12 s 1; 1985 c 134 s 1; 1985 c 305 art 5 s 15; ISpI985 c 16 art 2 s 3 subd 1; 1987 c 152 art 1 s 1; 1992 c 513 art 3 s 56; 2006 c 210 s 4-7 Please direct all comments concerning issues or legislation to your House Member or State Senator. For Legislative Staff or for directions to the Capitol, visit the Contact Us page. General questions or comments. 1 of 1 -/1--- 2/15/20078:38 AM o SECTION: 12-9- 1: 12-9- 2: 12-9- 3: 12-9- 4: 12-9- 5: 12-9- 6: 12-9- 7: 12-9- 8: 12-9- 9: 12-9-10: 12-9-11: CHAPTER 9 HOME OCCUPATIONS Purpose Permitted Home Occupations; Location Restrictions Home Occupations In Accessory structures Nonconforming Home Occupations Conditional Use Permits Special Home Occupation Permits Inspections In-Home Beauty Salons and Barbershops Vested Rights Suspension Or Revocation Of Conditional Use Permit Illegal Home Occupations; Penalty 12-9-1: PURPOSE: The purpose bf this chapter is to prevent competition with business districts and to provide a means through the establishment of specific standards and procedures by which home occupations can be conducted in residential neighborhoods without jeopardizing the health, safety and general welfare of the surrounding neighborhood. In addition, this chapter is intended to provide a mechanism enabling the distinction between permitted home occupations and nonconforming or customarily more sensitive home occupations, so that nonconforming home occl!pations may be allowed through an administrative process rather than a legislative hearing process. (Amended Ord. 8,10-21-1970) 12-9-2: PERMITTED HOME OCCUPATIONS; LOCATION RESTRICTIONS: All home occupations that conform to all of the following provisions may be conducted entirely within the principal structure. Home occupations shall not be conducted in a garage or accessory building unless the property owner conducting the home occupation has obtained a Conditional Use Permit as stated in Section 12-9-3 of this chapter or has obtained a Special Home Occupation Permit as stated in Section 12-9-4 of this chapter. o o A. Permitted Home Occupations Enumerated: Permitted home occupations include, and are limited to: art or photo studio, dressmaking, secretarial services, professional offices, repair services, or teaching services limited to three (3) students at anyone time and similar uses. -/2-- o B. Number Of Employees: The number of employees shall be limited to one person on site in addition to family members. (Amended Ord. 8,10-21-1970) C. Amount Of Building Space Used: The area within the principal structure used by the home occupation shall not exceed twenty percent (20%) of the dwelling's livable floor area. Basements may be included if they meet all State Building Code requirements. (Amended. Ord. 8,10-21-1970; amd. 2003 Code) D. On Site Sales: On site sales shall be prohibited, except those clearly incidental to services provided in the dwelling. E. Dwelling Changes: Any interior or exterior alterations of a dwelling for a home occupation shall be prohibited, except those customarily found in a dwelling. F. Vehicles: Vehicles associated with a home occupation shall be limited to one vehicle on the premises (said vehicle shall not exceed gross capacity weight of 12,000 pounds). o G. Signs: Signs shall be regulated as stated in Section 12-13-9ofthis title. H. Performance Standards: No home occupation shall produce light glare, noise, odor or vibration that will in any way have an objectionable effect upon adjacent or nearby property. I. Supervision: The home occupation shall be conducted by at least one member of the family who resides in the dwelling unit. J. Building And Safety Requirements: The home occupation shall meet all applicable fire and building codes. (Amended Ord. 8,10-21-1970) 12-9-3: HOME OCCUPATIONS IN ACCESSORY STRUCTURES A. Conditional Use Permit Required: A Conditional Use Permit shall be required for the following home occupations that are located in an accessory structure or detached garage and/or require exterior storage: 1. Cabinet making. 2. Woodworking. o 3. Repair services. -/3~ o 4. Similar uses as those stated in Subsections A 1 through A3 of this section. B. Conditions Of Permit: These home occupations shall be subject to the following conditions: 1. Lot Size: The size of the lot or parcel of land shall be three (3) acres or larger. 2. Area Of Use: The combined square footage of the accessory structure andlor outside storage area utilized by the home occupation shall not exceed eight hundred (800) square feet. 3. Setbacks: Setbacks of the accessory building and outside storage area shall be of a magnitude found necessary by the city, but in no case shall there be less than a one hundred foot (100') front yard setback, thirty foot (30') side yard setback and fifty foot (50') rear yard setback or as required in Section 12-3-4 of this title. o 4. Storage Restrictions: The outside storage area and all commercial vehicles, materials and equipment for the business being stored on site shall be fenced, landscaped and screened in such a manner as to prevent them from being visible at any time of the year from road rights-of-way, public properties and surrounding properties. (Amended Ord. 314 10-4- 2005) 5. Other Requirements: All provisions in Section 12-9-2 of this chapter. (Amended Ord. 8,10-21-1970) 6. Termination of Use Upon Sale of Property: Upon sale of the premises for which the Conditional Use Permit is granted, such permit shall terminate. (Amended Ord. 314 10-4-2005) 12-9-4: NONCONFORMING HOME OCCUPATIONS: Properties that had nonconforming home occupations prior to the adoption of this title (May 15, 1990) were given an opportunity to apply for a Special Home Occupation Permit. Those that were granted a permit are on file with the Department of Community Development and may continue to operate. However, they shall not increase in extent, number, volume, or scope from any of the information stated in the permit, or the permit will be subject to revocation. (Amended Ord. 314 10-4-2005) o 12-9-5: CONDITIONAL USE PERMITS: Conditional Use Permits granted in Section 12-9-3 of this chapter shall follow the criteria established in Section 12- -J/~ o 14-6 of this title. These permits shall be valid for one year from the date of issuance (unless otherwise specified in the resolution for approval) and thereafter shall be automatically renewed each year unless objections or complaints are received or the conditions of the permit are not adhered to. (Amended Ord. 8, 10- 21-1970) 12-9-6: SPECIAL HOME OCCUPATION PERMITS: A. Temporary Permits: Special Home Occupation permits granted by Section 12-9-4 of this chapter shall be temporary in nature, and shall be granted to a designated person who resides at the address where the home occupation is being conducted. B. Non-transferability Of Permit: These permits shall not run with the land and shall not be transferable. C. Renewal Of Permit: Special Home Occupation Permits shall be automatically renewed each year unless objections or complaints are received, or conditions of the permit are not adhered to. o D. Termination Of Permit: If the Special Home Occupation Permit holder expires or moves to a new location, the existing permit shall automatically terminate. In the case of death or other separation, the family member(s) remaining at the same address may continue the home occupation if written notice is given to the Department of Community Development and authorization for the continuation of the permit is given with Council approval. (Amended Ord. 314 10-4-2005) 12-9-7: INSPECTIONS: There may be one annual inspection each year made by the City Administrator or Administrator's designee of the property covered by a Conditional Use Permit or Special Home Occupation Permit. In addition, the City Administrator or the Administrator's designee shall, upon reasonable request, enter and inspect the premises covered by said permit for compliance purposes. (Amended Ord. 8, 10-21-1970) 12-9-8: IN HOME BEAUTY SALONS AND BARBERSHOPS: In home beauty salonslbarbershops shall be subject to the following: B. Compliance with Title 3, Chapter 6 of the City Code. C. Drawings Submitted: Drawings detailing the salon/shop shall be submitted at the time of the request for the Conditional Use Permit. o D. Compliance With State Requirements: The salon/shop must comply with -/:>- o the State Cosmetology Board and the State Barbers Board requirements. E. Number of Chairs: One chair salon/barber only. F. Hours of Operation: The hours of operation shall be approved by the City Council. G. Parking: Parking requirements shall be as set out in section 12-13-10 of this title. H. Non-sewered Areas: In non-sewered areas, the septic system shall be in compliance with Title 10, Chapter 4 of this code. A beauty shop/barber shop shall be considered the equivalent to one bedroom in terms of usage under Title 10, Chapter 4 of this code. I. Occupancy By Owner: The beauty shop/barber shop shall be owner occupied. J. Termination of Use Upon Sale of Property: Upon sale of the premises for which the Conditional Use Permit is granted, such permit shall terminate. (Amended Ord. 8,10-21-1970, Ord. 314 10-4-2005) o 12-9-9: VESTED RIGHTS: No home occupation allowed by Conditional Use Permit or Special Home Occupation Permit shall confer upon any person or to the benefit of any property owner any vested right. Rather, the use shall remain subject to all conditions of the permit as established by the city. The city may find it necessary from time to time to review the conditions of the permit as they relate to the provisions of the general welfare of the community. (Amended Ord. 8, 10-21-1970) 12-9-10: SUSPENSION OR REVOCATION OF CONDITIONAL USE PERMIT: When the City Council determines that the public interest so requires, it may revoke or suspend the Conditional Use Permit of a home occupation when it finds, after due investigation and a public hearing, that: A. The permit holder, or any of his or her employees, has concealed the receipt of stolen property or has knowingly received stolen property. B. The permit holder has not complied with the provisions of law applicable to the premises, equipment or operation of the home occupation. o C. The permit holder has obtained a permit through fraud or misstatement. ~/i~ o D. The home occupation or activity is being conducted in a manner found to be detrimental to the health, safety, or general welfare of the public or is a nuisance, or is being operated or carried on in an unlawful manner. E. The home occupation has not been operating or in business for a period of six (6) consecutive months. (Amended Ord. 8, 10- 21-1970) 12-9-11: ILLEGAL HOME OCCUPATIONS; PENALTY: All home occupations that are being conducted in violation of this chapter are illegal. Any person violating any provision of this chapter shall be guilty of a misdemeanor and, upon conviction thereof, shall be subject to punishment as defined by state law. (Amended Ord. 8,10-21-1970) o o -/7--- o c c PUBLIC HEARING: CITY CODE AMENDMENT TO ESTABLISH FARM WINERIES AS A HOME OCCUPATION REQUIRING A CONDITIONAL USE PERMIT IN TITLE 12: ZONING REGULATIONS. . Mr. Cross stated at a recent City Council Workshop, staffwas directed to make modifications to the City Code to allow farm wineries in the R-l zoning district on 2.5 acre lots with a Conditional Use Permit. This report provides the suggested language changes to make that happen. Mr. Cross discussed the staff report with the Commission. Commissioner Walton stated bullet point E talks about "subject to production limits" and he wondered if they have a set table of production limits they are anticipating. Mr. Cross stated they currently do not have any production limits in the code and is a condition that could be added in the resolution and may change as requests come in. He thought this would be something they would look at handling on a case by case basis. Commissioner Holthus stated on the very last page of the agenda item, there is some copies of minutes from the January 23 Special City Council Workshop meeting and on line 9 it mentions that Councilmember Knight requested the applicant to determine the amount of wine he believed he could produce and store and she assumed the applicant would bring that to the meeting as well as a list of the neighboring residents in the area. She saw the list of residents that signed the petition but she did not see the information and she wondered ifhe was required to bring it in. Mr. Cross stated it would appear so from the minutes but nothing was submitted to staff in regards to quantity or production. Chairperson Daninger stated Mr. Hedin has been the catalyst to this change but they are looking at the change, not the specific incident but he thought that helped answer the questions. Chairperson Daninger thought a CUP was the place where quantities would be stated or required if an applicant came forward: Mr. Cross stated that would be an appropriate place to put a condition like that. Commissioner Walton stated he has been an advocate to maintain flexibility but he wondered if this was one where they should set some guidelines for acreage and o Regular Andover Planning and Zoning Commission Meeting Minutes-February 13,2007 Page 7 production limits. It seems that in the commentary and what Council had discussed that maybe they should impose limits because they have left the resolution wide open for a case by case basis. He thought they might then get into some issues of being too flexible for one and not flexible enough for another. If they laid down some guidelines that seemed to be generous, then people will know the requirements. Commissioner Cleveland asked if staff could find out, given Minnesota's climate, what a reasonable amount of gallons would be. Commissioner Kirchoffwas under the impression that not all of the grapes that are processed are grown there. Chairperson Daninger noted the grapes are purchased. Commissioner Holthus indicated there are other things wine could be made out of other than grapes. Chairperson Daninger stated the intent is not physically growing it there, it is the production. Commissioner Falk thought another question was if this would be an individual doing this as a hobby or making a profit full time. That could vary the gallonage. Mr. Cross agreed. (> Commissioner Kirchoff wondered if they were trying to separate it out from the 2.5 acre lots to the larger lots. Commissioner Holthus thought the Council has already decided where they think ~t would be appropriate to have a farm winery but the Council also gave her the impression that they want to set a gallonage per year. Commissioner Kirchoff wondered if they set a limit, does that mean the City will have to start monitoring it. Mr. Cross stated that could be part of the CUP permitting. Recordkeeping for these at the Federal level is very detailed so the records are produced and they could request those reports. Commissioner Walton thought they could possibly table this to get a better feel for a hobby farm type of setup and a casual wine creation limits versus full scale wineries. He thought it was better to have something laid out because if it becomes case by case and . they deny a farm applicant who wants to farm and have a full scale winery as ajob and they end up denying that but allow a hobby farm to do it, it seems like they created a problem by not giving some type of guidelines. Chairperson Daninger stated he did not have a problem with tabling this but they could also approve requesting some kind oflimitation to have staffbring it to Council for approval. Motion by Walton, to recommend approval of the proposed code changes for farm wineries with some additional guidelines from staff regarding what was discussed. o Commissioner Falk indicated they did not hold the public hearing yet. o Regular Andover Planning and Zoning Commission Meeting Minutes - February 13, 2007 Page 8 Commissioner Walton rescinded his motion. Motion by Walton, seconded by Falk, to open the public hearing at 7:55 p.~. Motion carried on a 6-ayes, O-nays, I-absent (Casey) vote. Mr. Winslow Holasek stated when a restaurant gets approved to sell wine, they have to have a liquor license and he wondered if a farm winery would need a license to sell wine. Mr. Cross stated their City liquor licensing does not cover farm wineries so the applicant would not require a City liquor license to sell. Chairperson Daninger believed there are State and Federal regulations for this. Motion by Walton, seconded by Kirchoff, to close the public hearing at 7:57 p.m. Motion carried on a 6-ayes, O-nays, I-absent (Casey) vote. o Commissioner Cleveland wondered if the City had any concern about any environmental considerations for waste. He wondered what is done with the waste product. Commissioner Kirchoff stated in other states, they take the waste and put it back into the field. Mr. Cross stated as applications come forward, that would be something they may want to look at for consideration. This may best be handled on a case by case basis. Motion by Walton, seconded by Cleveland, to recommend the City Council approve the proposed code changes for farm wineries with the addition of some guidelines from staff for Council to review regarding quantities. Motion carried on a 6-ayes, O-nays, I-absent (Casey) vote. Mr. Cross stated that this item would be before the Council at the February 20, 2007 City Council meeting. o @ 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304. (763) 755-5100 FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US TO: Mayor and Councilmembers CC: Jim Dickinson, City Administrator Will Neumeister, Community Development Director FROM: Chris Vrchota, Associate Planner I" SUBJECT: Consider Code Amendment/Establishing New Buildability Requirements - Planning DATE: February 20,2006 o INTRODUCTION Changes to the buildability and wetland/storm water pond buffer requirements in the City Code have been discussed on a number of occasions by the Planning Commission and City Council, as have changes that would require decks to be shown on surveys if they are not to be built at the time that the house is built for new construction. Changes were made based on input from these discussions, and the proposed changes are now being brought forward for final consideration by the Council. DISCUSSION There are three issues being addressed with these changes: Issue #1: The City Code currently requires 100 feet of buildable area. The City also requires soil correction for the first 100 feet. After factoring in the front yard setback and building a large home on the lot, most, if not all of this buildable area is used, leaving no room for a deck or future addition to the house. The drawing labeled "Exhibit A" and the attached photograph provide an illustration of this problem. To address this problem, an additional 10 feet of buildable space is being proposed. Issue #2: A 16.5-foot buffer is required abutting all wetlands and storm water ponds. The buffer must be outside the buildable area of the lot. However, the City Code does not clearly specify where the buffer area should start in relation to ponds and wetlands. Code changes are being proposed to clarify these requirements. See the attached "Exhibit B" for an illustration of these requirements. o Issue #3: Homeowners may not be aware of how much or little of their back yard is buildable. This becomes an issue when decks are constructed after the home is built and there is little or no usable back yard space. A City Code change is being proposed to require the surveyor to indicate on the survey how much buildable space is available behind the house ifthere is 20 feet of buildable area or less. The following code amendments are being proposed in order to address the Issues mentioned above. o Issue #1 The first proposed change is to City Code 11-3-6, which lays out the design standards for lots served by municipal sanitary sewer. This section would be changed as follows: City Code 11-3-6-B I. Lots Served By Municipal Sanitary Sewer: Lots served by municipal sanitary sewer shall remove all organic material and replace with granular material with no more than five percent (5%) organic material by volume for the front one hundred and ten feet (110') flOO!1 of depth of the lot at a minimum width of the lot as required for that zoning district by the zoning ordinance. This one hundred and ten feet (110') of buildable space shall be measured from the front property line and shall not include any area below the 100-year flood elevation. Citv Code 11-3-6-M Wetland Buffer: Pursuant to Title 13, Chapter 6 of this code a one rod (16.5 feet or 5 meters) wide area abutting a wetland and/or storm water pond that shall be left undisturbed or in its natural condition during the development, building and landscaping phases. The buffer strip shall not be included within the preceding one hundred and ten foot (110') flOO!1 buildability requirement. (Ord. 273, 9-2-2003) o Citv Code 13-6-4 BUFFER STRIP: A one rod (16.5 feet or 5 meters) wide area abutting a wetland and/or storm water pond that shall be left undisturbed or in its natural condition during the development, building and landscaping phases. The buffer strip shall not be included within the one hundred and ten foot (110') flOO!1 buildability requirement of Section 11-1-4 of this code, definition of "buildable lots". These changes would create an extra 10 feet of buildable space on all urban lots. This space would allow for the easier placement of decks, patios, sheds, and additions on the rear of the house, as well as creating more useable rear yard space. Issue #2 The next proposed change is to section 13-6-5. This section establishes the requirement for buffer strips and describes where they are to be located. The change is meant to remove any confusion about where buffer strips are measured from in relation to wetlands and storm water ponds: Citv Code 13-6-5: Requirements: Buffer strips shall be established and maintained in accordance with the following requirements: o I. Buffer strips shall be identified within each lot by active protective fencing approved by the city. The developer shall be responsible for the placement of the fencing. A one rod (16.5 feet or 5 meters, measured linear) wide undisturbed buffer strip shall be maintained abutting all wetlands and/or storm water ponds during the development and building phases. (Ord. 114A, 7-17-2001) 2. Buffer strips shall apply to all wetlands and/or storm water ponds. Buffer strips shall be measured from the delineated wetland boundary around wetlands and from the desil!:nated normal water level elevation surroundinl!: storm water, -2-- sedimentation andlor rate control uonds. as identified on the gradiDl!. drainage. and erosion control ulan for all new develouments. 3. Ihlffer strips abutting storm water ponds shall be measm:ed from the 100 year flood elevation sWTolffiding the storm water pORd. Issue #3 The final change would require that the survey for a new house include a measurement of the distance between the back of the house and the edge of the buildable rear yard area, if that distance is less than 20 feet. Citv Code 9-1-4: ARCHITECTURAL DESIGN (STRUCTURE): A. Elevations Included In Permit Application: The application for a building permit, in addition to other information required by applicable laws or regulations, shall include exterior elevations of the proposed structure and drawings which will adequately and accurately indicate the height, size, design, and appearance of all elevations of the proposed structure and a description of the construction and materials proposed to be used. When the ulans for a house include a sliding door or other access for the addition of a deck. and the deck is not to be finished urior to occuuancy of the house. and there is less than twenty feet (20') of buildable suace behind the house. the amount of buildable slJace shall be indicated on the survey submitted with the building uermit auulication. o This would give the eventual purchaser of the house a good idea of how much usable space they have in their rear yard for decks, additions, and accessory structures. Planning Commission Recommendation The Planning Commission unanimously recommended approval of the proposed changes and attached . Attachments Ordinance Summary Ordinance Buildability Diagram (Exhibit A) Storm Water Pond Buffer Diagram (Exhibit B) Photographs Letter from Woodland Development 12/12/06 Planning Commission Meeting Minutes 01/23/07 City Council Workshop Minutes 02/13/07 Planning Commission Meeting Minutes (When Available) ACTION REQUESTED The City Council is asked to approve or deny the proposed code amendments and summary ordinance. o R~?bmitted, ~;:hota -'?- o CITY QF ANDOVER CQUNTYOF ANOKA STATE OF MINNESOTA ORDINANCE NO. AN ORDINANCE AMENDING VARIOUS SECTIONS OF THE CITY CODE DEALING WITH BUILDABILITY, WETLAND AND STORM WATER RETENTION POND BUFFERS, AND ARCHITECTUAL PLAN REQUIREMENTS FOR NEW HOUSING CONSTRUCTION IN THE CITY OF ANDOVER. WHEREAS, the City's buildability requirements have been expanded to ensure sufficient room for the placement of a house and standard accessory structures such as decks and sheds while retaining a reasonable amount of usable back yard space, and; WHEREAS, the requirements for buffers around wetland and storm water ponds have been revised to make it clearer where the buffers are measured from, and; WHEREAS, a requirement has been added to show the amount of buildable space behind a new house on the survey when that amount is less than 20 feet; and WHEREAS, The proposed changes have been reviewed and recommended for approval o by the Planning Commission. NOW THEREFOR BE IT RESOLVED, THE CITY COUNCIL OF THE CITY OF ANDQVER HEREBY ORDAINS (Underlining being newly added language and strike- outs indicating language to be removed): Citv Code 11-3-6-B I. Lots Served By Municipal Sanitary Sewer: Lots served by municipal sanitary sewer shall remove all organic material and replace with granular material with no more than five percent (5%) organic material by volume for the front one hundred and ten feet (110') fl-OO!j of depth of the lot at a minimum width of the lot as required for that zoning district by the zoning ordinance. This one hundred and ten feet (110') of buildable space shall be measured from the front property line and shall not include anv area below the lOO-vear flood elevation. Citv Code 11-3-6-M Wetland Buffer: Pursuant to Title 13, Chapter 6 of this code a one rod (16.5 feet or 5 meters) wide area abutting a wetland and/or storm water pond that shall be left undisturbed or in its natural condition during the development, building and landscaping phases. The buffer strip shall not be included within the preceding one hundred and ten foot (110') fl-OO!j buildability requirement. (Ord. 273, 9-2-2003) o -tf-- o o o Citv Code 13-6-4 BUFFER STRIP: A one rod (16.5 feet or 5 meters) wide area abutting a wetland andlor storm water pond that shall be left undisturbed or in its natural condition during the development, building and landscaping phases. The buffer strip shall not be included within the one hundred and ten foot (110') fW9!1 buildability requirement of Section 11- 1-4 of this code, definition of "buildable lots". City Code 13-6-5: Requirements: Buffer strips shall be established and maintained in accordance with the following requirements: I. Buffer strips shall be identified within each lot by active protective fencing approved by the city. The developer shall be responsible for the placement of the fencing. A one rod (16.5 feet or 5 meters, measured linear) wide undisturbed buffer strip shall be maintained abutting all wetlands and/or storm water ponds during the development and building phases. (Ord. 114A, 7-17-2001) 2. Buffer strips shall apply to all wetlands and/or storm water ponds. Buffer strips shall be measured from the delineated wetland boundary around wetlands and from the desie:nated normal water level elevation surroundine: storm water. sedimentation andlor rate control ponds. as identified on the e:radine:. drainae:e. and erosion control plan for all new developments. 3. Buffer strips abutting storm \v:ator ponds sha:ll be moasl:lfod from the 100 yoar flood olevatiofl sUITooodiflg the storm water pond. Citv Code 9-1-4: ARCHITECTURAL DESIGN (STRUCTURE): A. Elevations Included In Permit Application: The application for a building permit, in addition to other information required by applicable laws or regulations, shall include exterior elevations ofthe proposed structure and drawings which will adequately and accurately indicate the height, size, design, and appearance of all elevations of the proposed structure and a description of the construction and materials proposed to be used. When the plans for a house include a slidine: door or other access for the addition of a deck. and the deck is not to be finished prior to occupancv of the house. and there is less than twentv feet (20') of buildable space behind the house. the amount of buildable space shall be indicated on the suryev submitted with the buildine: permit application. Adopted by the City Council of the City of Andover this _ day of 2007. CITY OF ANDOVER Attest: Michael R. Gamache - Mayor Victoria V olk - City Clerk - -=- '-' o o o CITY OF ANDOVER COUNTYOFANOKA STATE OF MINNESOTA ORDINANCE NO. SUMMARY AN ORDINANCE AMENDING VARIOUS SECTIONS OF THE CITY CODE DEALING WITH BUILDABILlTY, WETLAND AND STORM WATER RETENTION POND BUFFERS, AND ARCHITECTUAL PLAN REQUIREMENTS FOR NEW HOUSING CONSTRUCTION IN THE CITY OF ANDOVER. STATUTORY AUTHORIZATION AND POLICY Statutory Authorization This ordinance is adopted pursuant to the authorization and policies contained in Minnesota Statute 462. Policy The purpose of this ordinance is to increase the buildability requirement for urban lots, clarify how buffer strips are measured around wetlands and storm water retention ponds, and require that surveys for new houses show the amount of buildable space behind the house when that amount is less than 20 feet. GENERAL PROVISIONS AND DEFINITIONS Jurisdiction The provisions of this ordinance shall apply to the City of Andover Enforcement The City Administrator or hislher designee shall have the authority to enforce the provisions of this ordinance. Interpretation Interpretation of the provisions of this ordinance shall be held to be the minimum requirements and shall be liberally construed in the favor of the governing body. A printed copy of this ordinance is available for inspection by any person during regular hours of the City Clerk. Adopted by the City Council of the City of Andover on this _ day of ,2007. ATTEST: CITY OF ANDOVER Victoria V olk, City Clerk Michael R. Gamache, Mayor ~- o .Q o - lE 57 tl-l:. itJr R.O:W. -- - - ---?>-- / ./l IE ')tl1.d.Q\T Pc J/ If - l~XIS71IVq --'--NOr<MAf.... \NA~ -- Q12.. _'P6U~~we'P-ANP PMIPfut'{ f\-li\f:?6::: . 100/ l I ! . j'b~ 1 1 /r l1Pl'1 ~ ._ _ 4t._ - .. ;;;;::B:..-Jl;,lI1.ll'!lSW1_. -::-_._-._:~ ~,,::.;- ..:::::r.l,,:.l; r'!/~__-~""''''''-~-'- 1;7 ,. . . - 1-1...... PRo-";to.~ J7 NO{<.NjAL-- WAT~ O~ PeWNQ.tj1!:;J/ we1l-ANy f:t;L'/lIP~RY / /~ r~~ \..'.} ~< 1 . 1:,<1" i \10..,::1- 1 i . . 1 ".; .'.!.'~, u i ,,1 ~ 11 if ( 1;J""~i:~ ''\ i .p&~ ~. . - . "'- I .l"'- I .~ f~ Ito' -1- 570 Rfi,,( ){.rn1-jEJ<: PdN [) /3CIFF61!.. .-.....,:: ~"'tll' = -.:. = o E d'lI'bi+- B -.... o ----/;' ! / I ,I 'j~/ l#j /'i If:... I;] rf..... /~- l~ /f o j I .f f l -$'~ o o o o o o o o o RECEIVED January 10, 2007 City of Andover . City Council and Staff 1685 Crosstown Boulevard N.W. Andover, MN 55304. JAr.. 1 1 2007 CITY OF ANDOVER RE: CITY CODE 11-3-6 BUILDABIUTY - POTENTIAL AMENDMENTS Dear City Council and Staff, Thank you for inviting Woodland Development to the December 12th and January 4th Work Sessions regarding potential amendments to aty Code 11-3-6 Buildability. The three issues discussed'were well presented and explained by city staff. We appreciate being asked our . viewpoint 00 these issues. We provided our viewpoint at the January 4th meeting and were also 9ffered the opp,ortunity to submit them in writing. Issue #1: Add Additional 16.5 feet of Buildable SDace From a developer's perspective we are not in favor of changes that add costs to improvements in land development resulting in higher costs to builders and home buyers. The current market is very difficult and slow and anything that adds costs makes it even more challenging. Adding _ an additional 16.5 feet of buildable space will require additional expense for soil correction and could easily reduce the number of lots in a subdivision. We are currently in a campaign meeting with builders to determine their plans for 2007 and what they look for when purchasing lots. The number one item is the cost of the lot and the second is location. Builders are not carrying the inventory they use to and therefore will limit the number of lots.they buy. Many other competing cities will not have the additional 16.5 feet of buildable space requirement. Most competing cities require 30 feet front set back versus Andover's 35 feet. Both of these items result in a higher lot cost and make it more difficult for developers to sell lots competitively in Andover. The additional "buildability" issue is also compounded by the fact that in Andover there is less and less quality land to build on. This combination will most likely result in more PUD and variance proposals. , . Issue #2:ClarifvinQ ReQuirements for the 16.5 Foot Buffer AbuttinQ all Wetlands and Storm Water P nds This will be a good clarification. -1/- 13632 Van Buren St. NE Ham Lake, Minnesota 55304 (763) 427-7500 w-v,7W .woodlanddevelopmentcorp. com FAX: (763) 427-0192 January 10, 2007 Page 2 of 2 o Issue #3: Reauire Surveyor to Include a "Ghost Drawina" of the Deck on the Survey This is more of a builder concern than a developer concern. We would. suggest instead of a ghost drawing indicating where a deck can be built, simply adding a line signifying decks can not be built beyond a certain point. This way it won't look like the city is dictating the size and exact location of a. deck. Comprom~se: As a potential alternative to help builders and developers stay competitive in your city and still increase the potential for larger backyards, maybe the city would consider some form of compromise such as the following: Reduce the front set back to 30 feet from 35 feet and increase the buildabiiity by only 10 feet instead of 16.5 feet. This would result in a .. potential additional 15 feet of buildable space for backyardpurpos~s yet keep land.costs and improvement costs from escalating much faster than neighboring cities. Again, thank you for the opportunity to give our feedback. Respectfully, /~ 7/7'/ O Joe Hauglie Vice President, Land Development and Sales sll o -/z-- Regular Andover Planning and Zoning Commission Meeting Minutes - December 12, 2006 Page 5 Chairperson Daninger recessed the meeting at 7:40 p.m. to move it to Meeting Rooms A&B. Chairperson Daninger reconvened the meeting at 7:43 p.m. .... WORK SESSION: a. City Code 11-3-6 Buildability Staff has a number of discussions with the City Council on the issue of build ability over the past year. Some amendments to the City Code are being proposed as a result of these discussions. Mr. Vrchota made a presentation to the Commission regarding three issues regarding buildability. Issue I: Buildability on Urban Lots o Commissioner Kirchoff stated when they have the building pad and they go to the 116.5 feet, going back to putting a deck, patio or storage shed, they can put that on anything so they are not looking at going into a wetland drainage easement, they are just looking at lousy soil. He stated looking at some of the homes that have added a deck he agreed people are not ending up with a backyard after the deck is on the house. Mr. Vrchota stated the City Council was surprised that footings for decks were being put in easements and they wanted this looked at. Mr. Haas stated the only change in Issue I is the builder will have to remove the poor soils and build a larger building pad, which may lead to fewer homes in a development. Commissioner Greenwald asked if they were changing some consistency and will there be some inconsistency where people could tell. Chair Daninger did not think there would be because they will be developing an entire neighborhood at a time. Commissioner Greenwald indicated he liked this because it may help the developer from creating neighborhoods with too many lots. Chairperson Daninger stated the developer would have to build larger buildable lots so they would not be able to put as many houses in a development. Commissioner Greenwald indicated they needed to be aware that there will be some lots in the development that may need a variance because they will not meet the requirements. Commissioner Kirchoff stated he liked this and did not see a negative to this. o -15' - o Regular Andover Planning and Zoning Commission Meeting Minutes - December 12, 2006 Page 6 Chairperson Daninger indicated if they have more buildability, there maybe more excavation of trees. Commissioner Walton stated there maybe developments that would be hard to develop because of the wetlands and marshes. Chairperson Daninger indicated this was just a work session and there will be a public hearing where developers and builders will have a say. He wondered how this compared to other cities. Mr. Vrchota stated staff would meet with the builders and developers before a public hearing to get their thoughts and that he would get the Planning Commission information regarding other cities before another meeting regarding this. Commissioner Kirchoff stated even if this did not go forward, the idea with putting on a ghost deck or accessory would be great. Issue #2: Wetland Buffer Commissioner Kirchoff indicated he would support this because it would give the owner more of a backyard. Chairperson Daninger thought this sounded ok with him. o Commissioner Holthus wondered if there was a difference between a DNR protected wetland and a regular wetland. Mr. Haas indicated there was not a difference. Commissioner Holthus thought this made sense. Issue #3: Deck Footings Placed within Easements. Commissioner Kirchoff wondered if the requirement would be to go to the max of what is allowed. Mr. Vrchota indicated they could do this but it would be more of an indication of what the owner would be able to build in the future. Chairperson Daninger thought the concern was when the yard is small and there maybe obstacles. Mr. Vrchota stated they should show the maximum reasonable deck they could put on the house in the plans. Chairperson Daninger wondered who would have to prepare the ghost plan. Mr. Vrchota indicated the surveyor would need to provide it. Commissioner Walton thought they should have a stamp placed on the survey indicating "the survey is the maximum that could be built" so there was not any question about it in the future. Commissioner Casey agreed and thought this way everyone will know what is expected up front and there could not be any question about it later. o Chairperson Daninger wondered if the buyer would ever actually see the plat map. Commissioner Kirchoff indicated they would see it ifthey were to go get a building permit. -/~..-' o Regular Andover Planning and Zoning Commission Meeting Minutes - December 12, 2006 Page 7 Commissioner Walton wondered if there was a way they could indicate this at the plat stage. Commissioner Greenwald did not think they should do this at all. He thought the buyer would be able to tell if there was room for a deck or not. Mr. Bednarz thought this was an important point and things may change in the future. Mr. Bednarz indicated they would not really know what kind of house would be built at the plat stage and the buildable area would be larger if issue # I was implemented. Chairperson Daninger stated this may raise awareness and educate people before they want to build. Commissioner Holthus thought this was a good idea and if in the future things change, this would not be able to change because it is ghost platted onthe plan. Mr. Vrchota indicated this would not constitute a building permit; the owner would still need to get a permit. Commissioner Walton stated he liked this idea because it would be informative to everyone. o Commissioner Kirchoff wondered where there should be a ghost plat for a deck because some houses the decks wrap around the house and others have more than one deck. Chairperson Daninger thought they should just go out a certain distance from the home to show how far out a deck could be built but do not indicate where on the house the deck would be. b. End of year conversation Mr. Bednarz indicated this was the last meeting of the year and he wanted to give the ission the opportunity for input on what could be done better. He stated in 2007 they . be looking at the public hearing notice requirement around the radius of lots to see if the ould increase the distance in rural areas. Chairperson Danin stated he really liked the pictures and comparisons. He also liked it when staff outlined t Commissioner Greenwald thoug ff should review Council decisions on what the Planning Commission discussed at tu ofthe meeting. Commissioner Walton wondered if they could trend report on if the City Council agrees or disagrees with the Planning Commission .. ons and what percent. Mr. Bednarz indicated this could be done verbally if the Co . ion wanted that. o Commissioner Greenwald wondered how they are doing on the res ants by Tanners and he also wondered if TCF Bank was going to go in. Mr. Bednarz sta: information in the next Planning Commission newsletter. -,I,r- o Special Andover City Council Workshop Meeting Minutes - January 23, 2007 Page 3 process, but they would need to come up with a hearing process. Councilmember Trude stated there has to be some point where the cost is so large that it becomes a social charge and would get spread around. City Engineer Berkowitz noted this is a nuisance in the City that affects many parcels and they could not look at this as a benefit to the homeowner. Winslow Holasek stated if there were a widespread disease, it would not be possible for a property owner to afford to have it removed. Councilmember Orttel noted this is a "catch 22", where the property value would be decreasing because they were losing the trees on the lot as well. He noted the alternate solution is to encourage people to plant disease resistant trees. City Engineer Berkowitz stated staff has met with the DNR and they are starting to limit the amount of funds distributed for diseased trees. He stated the DNR wants to make sure the Cities have an enforcement policy for diseased tree removal. o Councilmember Knight expressed concern for the requirement of having the stump 2 inches from the ground. Mr. Kytonen responded it is necessary to have it that low to get rid of the beetle. He indicated this was a DNR suggestion. Councilmember Jacobson suggested they add some type of wording stating that if the value of removing the trees exceeds ten percent ofthe property value, then the amount would be added to the property taxes after a hearing. Councilmember Orttel expressed concern about ten percent of the property value. He agreed they need a deferment clause for residents over a certain age. ... BUILDABILITY REQUIREMENTS Community Development Director Neumeister stated the City Council has discussed the issue of build ability a number of times over the past year. Some amendments to the City Code are being proposed as a result of these discussions. He reviewed the amendment to the City Code. Mr. Berkowitz sUlllillarized how the Code was written with respect to buffer strips. Councilmember Trude wanted people to protect the wetlands, but still be able to add on a deck without infringing on the wetlands. o Mr. Berkowitz stated they need a clarification in the ordinanc~ as to where the buffers are. He stated they wanted to move the buffer back to where the water level would be, and not the 100- year flood line. Councilmember Orttel agreed that the proposed Code A is reasonable. Councilmember Trude asked if there would be an environmental impact. She believes the -/6'- o Special Andover City Council Workshop Meeting Minutes - January 23, 2007 Page 4 major concern is to prevent erosion. Councilmember Jacobson noted putting in a silt fence is not that expensive. Council agreed to go with the language on the top of page 3. Councilmember Trude recommended they note in the City Code that the buffer area is regulated by the Watershed District and they need to look at the Watershed District rules for this information. Community Development Director Neumeister recommended they round off the 116.5 feet. Councilmember Knight agreed they should drop off the .5 feet. Community Development Director Neumeister noted the developers have asked the City to drop it to 110 feet. o Mayor Gamache stated he believes the goal is to not have sliding glass doors leading to nowhere and the home not allowed to have a deck. He is not concerned if someone wants to add on however. Councilmember Jacobson noted the way to address this is to "draw a line" in the sand and only allow the decks to be so large. Mayor Gamache stated the more requirements from the City, the more cost would be added to the home. He questioned if they want to add more buildable space, which would add more cost to the land and homeowners. Councilmember Qrttel stated it is not an issue of additional land, it is when people wanted to add on a deck. Councilmember Trude stated she would be willing to take five feet off of the front yard. Councilmember Orttel stated that this is a buyer beware situation. He stated it should be up to the builder to determine that the deck is buildable on good soil and put down good soil for the deck to be built upon. Councilmember Knight said a standard of good soils is needed for a backyard with a deck. o Community Development Director Neumeister summarized other city front yard requirements. He recommended they keep the front at 35 feet and remove six feet off ofthe back yard, which would leave 20 feet in the back yard for a 10- foot deck. Councilmember Trude noted a 10-foot deck is small. Councilmember Knight expressed concern that people would not be able to walk around their -'/7- o Special Andover City Council Workshop Meeting Minutes - January 23, 2007 Page 5 decks without getting their feet wet. Councilmember Orttelrequested they check with other cities as to what they require for soil conditions. Councilmember Knight asked if other cities monitor the size of the decks. Councilmember Trude recommended they add the 16.5 feet of buffer for wetlands into the Code. Mr. Neumeister noted this is addressed in the watershed rules and it is up to the watershed to enforce the rules. Councilmember Orttel stated he likes the Blaine code where they have flexibility. Mike Quigley noted they ran into a lot of issues with customer-graded lots and it was tough to meet all of the requirements. Mr. Neumeister noted the opinion of the developers who state with the down market, it is not good to be changing things at this time. o Councilmember Orttel believes it is more important to have buildable soil in the back rather than in the front. He asked for a provision be made for a deck, or have the developer put in the footings. He wants to make sure the deck would be able to be built when the time comes. Councilmember Knight stated he would agree to 115 feet, with leaving the front setback of35 feet the same. Mayor Gamache stated they would eliminate a lot of this problem by reducing the front to 30 feet. Councilmember Jacobson stated he does not want to change the front yard setback. Councilmember Orttel stated typically the only thing that is permanent in the back of the homes is a deck or storage shed and he believes they are putting too much emphasis on having the entire backyard with buildable soils. Councilmember Orttel stated he would be satisfied with 110' leaving the front setback at 35 feet. Mayor Gamache agreed. Mr. Berkowitz responded ifthey want the 110', it would address the previous issues of the City. Mr. Neumeister sununarized Council wants the 35 feet of front yard setback to remain; 90 feet from the front property line; and a 110 foot total. o Mr. Berkowitz asked if Council wants to limit the home to 90 feet from the front property line to the end of the home and that the plan must show where the deck would go at the time of issuing the building permit. -/?- o Regular Andover Planning and Zoning Commission Meeting Minutes - February 13, 2007 Page 4 PUBLIC HEARING: CITY CODE AMENDMENT TO INCREASE REQUIRED BUILDABLE AREA FOR RESIDENTIAL LOTS AND TO ADJUST WETLAND BUFFER LOCATION REQUIREMENTS OF CITY CODE TITLE 11: SUBDIVISION REGULATIONS Mr. Bednarz explained at the December 12,2006 meeting, the Planning Commission discussed changes to three sections of the City Code to address problems that have been arising in new developments. The proposed changes were further discussed by the City Council at a workshop meeting on January 23, 2007. Some additional changes were made based on input from these meetings and the proposed changes are now being brought forward for a public hearing. Mr. Bednarz discussed the staff report with the Commission. Commissioner Kirchoff stated they had the initial discussion and it came back with a suggestion of ten feet based on the construction industry suggestions and he was pleased to see that and he was glad they received input from those that have to deal with this. He noted he was very comfortable with what they have. o Commissioner Falk wondered what the history of the buffer was. Mr. Bednarz thought it was somewhere around 2000 or 2001 when the requirement was fIrst put in place. He believed it was a cooperative effort between the City and the Watershed District to provide some of that protection during construction. At some point in the future the Watershed District may have other requirements that make that a permanent wetland buffer. At this point, once the home is constructed, that silt fence comes out and the owner can choose to use that property as they see fit. Commissioner Falk wondered if staff was happy with 110 rather than 116 1/2. Mr. Bednarz stated they were. It was an improvement from their point of view. He knew the development community is very correct in saying it will add cost however, if they look at. the backyards and the increase in the size of homes and the size of the lot remains the same, he thought that ten feet will help. Chairperson Daninger stated they see so many variances for decks and Item 3 is trying to address that and be proactive rather than reactive. Motion by Walton, seconded by Falk, to open the public hearing at 7:29 p.m. Motion carried on a 6-ayes, O-nays, I-absent (Casey) vote. o Mr. Joe Hauglie, Woodland Development, stated that issue one is an issue with developers as well as builders as far as a cost point of view. They appreciate the opportunity to have participated in the work sessions and the ability to give their feedback and see that some of that was taken into consideration. He would like to state however, that they still oppose anything that increases the costs oflots. He noted this is a very tough market right now and looks to be one for quite sometime. Not only is the City o Regular Andover Planning and Zoning Commission Meeting Minutes - February 13, 2007 Page 5 competing against other cities in costs for lots, but a new thing is the inventory of existing homes. With such a high inventory, people are lowering the price of their homes in order to sell them and yet for developers and builders, their costs continue to go up. It is getting harder and harder for builders to be able to afford to build homes and sell them. Mr. Hauglie stated he did not have any issues with items two or three. Mr. Hauglie stated they appreciated it going from 16.5 to 10. One of the issues he knows that is complicating the costs of the lots is the 35 foot setback in front. Some of the neighboring communities do not have this, they have 30 foot setbacks. This also adds costs and makes it hard to compete with other cities. Chairperson Daninger asked what his intent was regarding their campaign referenced in their letter. Mr. Hauglie stated the campaign was for marketing to help them sell lots. o Commissioner Kirchoff asked if Mr. Hauglie received calls from people they built homes for indicating they were not aware before that they could not put a deck on their home. Mr. Hauglie stated they have not but they do not build single family homes, they sell their lots to other builders so they might have gotten those directly. He noted they do build townhomes and work directly with the buyers and work with them on their deck size and what they are capable of doing and what will fit on their particular lot. Motion by Walton, seconded by Cleveland, to close the public hearing at 7:35 p.m. Motion carried on a 6-ayes, O-nays, I-absent (Casey) vote. Commissioner Walton felt item one went exactly where they anticipated it would go. He agreed with the change from 116 to 110 and thought it was a soft compromise at this time for this particular code. Chairperson Daninger concurred. Commissioner Cleveland asked if the thirty-five foot setback was for aesthetics for a certain look to the neighborhood or why is it locked at thirty-five instead of thirty. Mr. Bednarz felt thirty-five feet was somewhat of a historical standard from the sixties or seventies. Since that time a lot of cities have reduced their front setbacks to thirty feet. This was a topic that was discussed by Council at a work session and they like the thirty- five foot setback. Mr. Bednarz noted they did not receive any letters from other developers regarding this topic but staff did meet with a group of developers and the common theme was this will add additional costs to development and given the times they are seeing now, that is somewhat of a hardship for them. o Motion by Walton, seconded by Kirchoff, to recommend approval of the proposed code changes. o Regular Andover Planning and Zoning Commission Meeting Minutes - February 13, 2007 Page 6 Chairperson Daninger indicated he was sympathetic to the developers and would like to monitor this for possible review in a year if there is a lot of impact. Motion carried on a 6-ayes, O-nays, I-absent (Casey) vote. Mr. Bednarz stated that this item would be before the Council at the February 20, 2007 City Council meeting. o o o o / o @ 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304. (763) 755-5100 FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US TO: Mayo, md Councilm,mb,,, ~ ~ ----" Jim Dickinson, City Administrator Will Neumeister, Community Development Director W~ Courtney Bednarz, City Planne~ CC: FROM: SUBJECT: Consider Code Amendment/Expand Public Notice for Rural Properties to 700 Feet - Planning DATE: February 20, 2007 INTRODUCTION This item continues the discussion regarding public notification distance in the rural area. DISCUSSION The Council discussed this issue at their January 23rd Work Session. The Planning Commission held a public hearing for this item at the February 13th meeting. The Planning Commission was divided on whether or not the notice requirement should be changed. Proposed Amendment The attached ordinance amendment provides a 700 foot notification area around all properties that are not connected to municipal sewer at the time of the application. This will include rural properties outside the MUSA and rural properties within the MUSA that, in some cases will be adjacent to urban neighborhoods. In the latter scenario, the notification area will include urban lots, which means a larger number of notices will be needed. The attached map titled 'MUSA Development Example' compares the 350 and 700 foot notification areas around a rural property near an urban neighborhood. The 700 foot notification area would increase the number of notices from 65 to 128 properties or by 63 notices and $24.57 in postage in this example. Discussion Point If the Council does not wish to notify 700 feet from sites within the MUSA, the language can be adjusted to use the MUSA Boundary as the threshold between the 350 and 700 foot notification areas. In this manner the 700 foot notification area will not include urban properties, such as described in the above example, except when a subject property lies just outside the MUSA boundary. Other Public Hearing Notification Measures It is important to note that a sign is posted on subject properties a week before the Planning Commission meeting and remains on the property until after the Council meeting. In this manner, anyone who drives by a subject property can be informed that a change is proposed. The sign lists a phone number where a recorded message describing each item can be found. Additionally a public notice is published in the Anoka Union newspaper at least ten days before the Planning Commission meeting. Additional Change Concerning Variances Please note that the current City Code 12-14-8 presently indicates that a public hearing is required for variances. As you may recall, this issue was raised during the more comprehensive update of the zoning regulations. The outcome of that discussion affirmed the city's policy to send a meeting notice for variances but did not require a public hearing for variances. The attached ordinance amendment strikes variances from the list of actions that require a public hearing. Survey of Other Cities A survey of other communities with rural areas was conducted to compare notification policies. o Standard City Notification Exceptions Distance Blaine 350 feet 1,000 feet for hazardous or solid waste facilities Cambridge 350 feet None mentioned East Bethel 350 feet 600 feet for interim use permits for horses and 1/4 mile for private kennel licenses Elk River 350 feet Increased mailing at Council discretion Ham Lake 350 feet None mentioned Oak Grove 1,000 feet None mentioned . Ramsey 350 feet 700 feet for significant residential or commercial . developments Planning Commission Recommendation The Planning Commission was divided on this issue with a 3-3 vote. Commissioners voting against this item stated that the current notification area and other notification measures are sufficient. The Commissioners in favor of the amendment were also in favor of a 700 foot notification area for developing properties within the MUSA and suggested the following changes, which have been added to the attached amendment: o I. To establish different notification distances based on 'subject properties with a structure that is or is not connected to municipal sewer. 2. To indicate that notification distance is measured from the perimeter of the property. 3. To allow staff discretion to expand the notification area on a case by case basis. -Z~ o o o ACTIQN REQUESTED The Council is asked to deny or approve the attached ordinance amendment with any modifications it feels are necessary. If the Council should choose to approve, also make a motion to authorize publishing the attached summary ordinance. Attachments MUSA Development Example Various Notification Distance Maps Proposed City Code 12-14-8 Proposed City Code 12-14-8 SUMMARY ORDINANCE -1'....- o CITY OF ANDQVER COUNTYOFANOKA STATE OF MINNESOTA ORDINANCE NO. AN ORDINANCE AMENDING CITY CQDE TO CHANGE THE NOTIFICATION REQUIRMENTS FOR PUBLIC HEARINGS THE CITY COUNCIL OF THE CITY OF ANDOVER DOES HEREBY ORDAIN AS FOLLOWS: CITY CODE TITLE 12: ZONING REGULATIONS CHAPTER 14: ADMINISTRATION AND ENFORCEMENT SECTIQN 12-14-8: PUBLIC HEARING PROCESS: A. Council Actions Requiring a Public Hearing: The following Council actions shall require a public hearing: I. Variance 2. Conditional Use Permit (CUP) 3. Rezoning and Text Amendment 4. Sketch Plan 5. Preliminary Plat 6. Comprehensive Plan Amendment o o B. Public Hearing I. A public hearing on an application for tbe Council actions in this chapter shall be held by the Planning Commission in accordance with the Minnesota State Statutes. 2. A notice of the time, place, and purpose of the hearing shall be published in the official newspaper of the city ten (10) days prior to the day of the hearing. 3. Property owners and occupants within three hundred fifty feet (350') oftbe subiect property!es in qI:lestion that have a structure that is connected to municipal sewer (based on the City's most current version of Anoka County Property Records) shall be notified in writing, : althaugh failure by any property owner or accupaat to receive sueh notice shaH not ia-validate the proceedings. Notifications shaH be sent by mail. 4. Property owners and occupants within seven hundred feet (700') of subiect properties that do not have a structure that is connected to municipal sewer (based on the City's most current version of Anoka County Property Records) shall be notified in writing. 5. The notification distance shall be measured from the perimeter of the subiect property. Property owner notifications shall be sent by mail. Failure by any property owner or occupant to receive such notice shall not invalidate the proceedings. 6. Staff shall have discretion to expand the notification area on a case bv case basis. ;}1-The hearing may be continued from time to time in the event the .-' ~ --- o o o planning and zoning commission needs additional information from the applicant or other sources to make its decision. 4~.The Planning Commission recommendation shall be presented to the City Council. ~2..The City Council shall make the final decision on the proposed action. (Amended Qrd. 314, 10-4-2005) Adopted by the City Council ofthe City of Andover on this _ day of ,2007. ATTEST: CITY OF ANDOVER Victoria V olk, City Clerk Michael R. Gamache, Mayor -s> c c o CITY OF ANDOVER COUNTYOFANQKA STATE OF MINNESOTA ORDINANCE NO. SUMMARY AN ORDINANCE EXPANDING THE PUBLIC NOTIFICATION DISTANCE IN RURAL AREAS STATUTORY AUTHORIZATION AND POLICY Statutory Authorization This ordinance is adopted pursuant to the authorization and policies contained in Minnesota Statute 462. Policy The purpose of this amendment is to expand public notification distance from 350 to 700 feet in rural areas. GENERAL PROVISIONS AND DEFINITIONS Jurisdiction The provisions of this ordinance shall apply to the City of Andover Enforcement The City Administrator or hislher designee shall have the authority to enforce the provisions of this ordinance. Interpretation Interpretation of the provisions of this ordinance shall be held to be the minimum requirements and shall be liberally construed in the favor of the governing body. A printed copy of this ordinance is available for inspection by any person during regular hours of the City Clerk. Adopted by the City Council ofthe City of Andover on this _ day of ,2007. 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I(\b: rP "" ~ '3. ~ \~ ,N N ~ N 14939 IV ~ ~ ~ <0 N (\j ~ 1492~ln 14925 C ~ro ~ "J- C') (J\ ---- N ~ .t> (j) !ll~ ( b<%~a-ro ~~II g,] ~ ~ N \ """ ------~ ~921 ~~(J\ ~{i1.~,H A..Vo/iJim]::--------I\..~ ~ Yi)!.l. ;~ '-I ~ """ 00 ~ - N ~ """ <0 ..... g,....ro qs'j/::8 2326 .t> ~ ~ ~ C\j ~ ~ ~iY~ ~ ~ ~ ~ ~ 9. ~ ~ ~ ~ ,,~('i) (\j ..................t::;o cv~oo 'V (\j INN N 'V (\j N o . SUBJECT PROPERTY ~ N Location Map -!d....... -=----- ~ o PUBLIC HEARING: CITY CODE AMENDMENT TO EXTEND PUBLIC HEARING NOTIFICATION DISTANCE OF CITY CODE 12-14-8 FROM 350 TO 700 FEET. Mr. Bednarz explained this item continues the discussion regarding public notification distance in the rural area. Mr. Bednarz discussed the staff report with the Commission. Commissioner Kirchoff stated he liked the change with not having a public hearing on variance requests. He supported the 700 feet in rural areas and keeping the urban at 350 feet. Motion by Walton, seconded by Falk. to open the public hearing at 8:07 p.m. Motion carried on a 6-ayes, O-nays, I-absent (Casey) vote. o o o Regular Andover Planning and Zoning Commission Meeting Minutes - February 13, 2007 Page 9 Mr. Winslow Holasek wondered on the illustration of the MUSA development if this was accurate because the developments did not seem to line up correctly. Mr. Bednarz stated the illustration is for an example showing what 700 and 350 feet would look like for a development. Mr. Holasek thought this change would only be for rural areas and not urban areas. Chairperson Daninger stated that was correct except for rural abutting up to urban areas, then it would be 700 feet. Mr. Bednarz stated the proposed amendment determines if the notification would be 350 or 700 feet based on whether the property is connected to municipal sewer. If it is connected, it would be 350 feet, if it is not connected, it would be 700 feet. There was discussion regarding the example given to the Commission whether the notification would be 350 feet or 700 feet. Mr. Holasek stated he would strongly object that they would pick some other place in the area and say it is in a MUSA area and has public service just to the line but they were forced to put it over on their property fifty feet. Chairperson Daninger indicated he was not in favor of changing this to 700 feet. o Mr. Holasek asked for a definition of "physically connected" from Mr. Bednarz. Mr. Bednarz stated the intent was there would be a structure on the property connected to the municipal sewer that would be the trigger between the 700 and 350 foot notification areas. Motion by Walton, seconded by Holthus, to close the public hearing at 8:17 p.m. Motion carried on a 6-ayes, O-nays, I-absent (Casey) vote. Commissioner Walton noticed the City of Ramsey in the survey brought up the point of commercial development and Andover does have some commercial development that is older within the center of the urban city and there was not any discussion in here regarding commercial development and if they need to notify the neighbors of changes. Mr. Bednarz stated with the language in the report, if the site is connected to MUSA, the notification area would be 350 feet. Chairperson Daninger thought staff needed to add some clarification or a definition if they wanted to see that extended. o Commissioner Falk wondered if staff felt 700 feet for rural would benefit them that much. Mr. Bednarz stated it would pick up a second or perhaps a third property around an acreage lot with a direct notice in their mailbox. Commissioner Falk asked if the City gained feedback from residents as to why they were not included in the mailing list. Mr. Bednarz stated public hearing notices are a typical item of contention whether you received or did not and what was in it. He stated by the time something reaches the Regular Andover Planning and Zoning Commission Meeting . Minutes - February 13, 2007 o Page 10 public hearing stage, a lot more people in the area are aware of what is going on than received the notice in the mailbox. There are other methods of notification also. Motion by Walton, seconded by Holthus, to recommend to the City Council approval of the City Code change to extend public hearing notification distance of City Code 12-14-8 from 350 and 700 foot notification areas with the following amendments to the definition of connecting to municipal sewer as well as the definition of the measurement being at the perimeter of the property and at the discretion of staff to expand beyond these minimums as well as striking the notification for variances with the definition of connection being to the structure. Motion was tied and did not pass on a 3-ayes (Cleveland, Holthus, Walton), 3-nays (Daninger, Kirchoff, FaIk), I-absent (Casey) vote. Commissioner FaIk thought 350 feet was enough because staff has the ability to expand the distance if needed. Commissioner Kirchoff and Chairperson Daninger concurred. Mr. Bednarz stated that this item would be before the Council at the February 20, 2007 City Council meeting. o o o o o @ 1685 CROSSTOWN BOULEVARD N.W.' ANDOVER. MINNESOTA 55304. (763) 755-5100 FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US TO: Mayor and Councilmembers ~ Jim Dickinson, City Administrator ~ Will Neumeister, Community Development Director a/J-- Chris Vrchota, Associate Planner ~ CC: FROM: SUBJECT: Consider Code AmendmentlEstablish Criteria for Redevelopment PUD's- Planning DATE: February 20, 2007 INTRODUCTION The City Council directed staff to create criteria for "Redevelopment Planned Unit Developments" (PUDs). These criteria, which would apply to lot splits rather than larger developments, would allow for a PUD to be used to create flexibility in the development standards in older sections of the City, where existing housing might not meet current building codes or requirements. This would allow lot splits to occur on properties that cannot meet the existing requirements for a lot split, but have the potential to be split into two properties that come close to meeting City standards and would fit the character of the surrounding neighborhood. This direction stemmed from the Council's discussion ofa proposed lot split on 134th Avenue and Crooked Lake Boulevard that would have required two variances to be approved. DISCUSSION Currently, lot splits are allowed if both lots meet two out of three dimensional requirements (lot width, depth, and area) and 90% ofthe third. There are a handful of lots around the City, such as the one on Crooked Lake Boulevard mentioned above, that could come close to meeting these requirements, but fall short. The result is rather large single-family lots that cannot be further divided without being combined with other. properties. Creating criteria for the use of Redevelopment PUDs on large single-family lots may make it financially feasible for the property owners to redevelop and subdivide these properties, while allowing the City a degree of control to ensure that the resulting properties are in character with the surrounding neighborhood. The proposed changes would be included in City Code13-3, existing code section that deals with PUDs. The same application and approval processes that are used for PUDs would be applied to the redevelopment PUDs. However, since it is unlikely that the extensive criteria used when considering a PUD on a large development could be achieved on a lot split, new criteria will be added for redevelopment situations. In order to help you understand how PUDs are considered and how the changes will fit into the existing code, chapter 13-3 has been included in its entirety, with the new changes being added as 13-3-13. There is one additional change being shown. Section 13-3-7-A refers to the Conditional Use Permit process but refers to the wrong section. This error will be corrected. o o o Planning Commission Recommendation The Planning Commission unanimously recommended denial of the proposed changes. Attachments Ordinance Summary Ordinance Planning Commission Meeting Minutes (When Available) ACTION REQUESTED The City Council is asked to approve or deny the proposed changes and summary ordinance. Respectfully Submitted, cft(1;:- -').- o CITY OF ANDOVER COUNTYOFANOKA STATE OF MINNESOTA ORDINANCE NO. AN ORDINANCE CREATING STANDARDS FOR REDEVELOPMENT PLANNED UNIT DEVELOPMENTS IN THE CITY OF ANDOVER. WHEREAS, standards for redevelopment Planned Unit Developments have been created, and; WHEREAS, The proposed changes have been reviewed and recommended for denial by the Planning Commission. NOW THEREFOR BE IT RESOLVED, THE CITY COUNCIL OF THE CITY OF ANDOVER HEREBY ORDAINS (Underlining being newly added language and strike- outs indicating language to be removed): PLANNED UNIT DEVELOPMENT (PUD) o SECTION: 13-3-1: Purpose 13-3-2: Utilization ofPUD 13-3-3: PUD Concept Review 13-3-4: Uses 13-3-5: Density 13-3-6: Zoning And Subdivision Standards And Requirements 13-3-7: Approval Process 13-3-8: Fees And Costs 13-3-9: Findings Required 13-3-10: Revisions And Amendments 13-3-11: Desirable PUD Design Qualities 13-3-12: Approval Of Planned Unit Development 13-3-1: PURPOSE: The purpose of a PUD is to encourage more efficient allocation of density and intensity of land use where such arrangement is desirable and feasible by providing the means for greater creativity and flexibility in enviroIlinental design than provided under the strict application of this code. It must be demonstrated to the satisfaction of the City Council that a higher quality development will result than could be otherwise achieved through strict application of this code. (Ord. 298, 8-4-2004) o 13-3-2: UTILIZATION OF PUD: Planned Unit Development (PUD) regulations may be allowed by the City Council to be applied and/or utilized for all developments including the following: townhomes, single- and two-family homes (both urban and rural), apartment projects, multiuse structures, commercial developments, industrial developments, mixed residential and commercial developments and similar projects. (Ord. 298, 8-4-2004) -3~ o 13-3-3: PUD CONCEPT REVIEW: Any person or persons who may apply for a PUD may request a concept review with respect to land which may be subject to a PUD. The purpose of a PUD concept review is to afford such persons an opportunity, without incurring substantial expense, to have the general feasibility of a PUD proposal considered. PUD concept reviews shall follow the sketch plan procedures provided in Section 11-2-1 of this code. (Ord. 298, 8-4-2004) 13-3-4: USES: Planned Unit Developments shall be required to conform to the permitted and conditional uses set forth in Title 12 of this code pertaining to the applicable zoning district. (Ord. 298, 8-4-2004) 13-3-5: DENSITY: The density of residential developments shall be required to conform to the applicable land use district. (Ord. 298, 8-4-2004) 13-3-6: ZONING AND SUBDIVISION STANDARDS AND REQUIREMENTS: All standards and provisions relating to an original zoning district shall apply, unless otherwise approved as a part of the PUD. All standards may be modified or waived provided the applicant demonstrates harmony with the purpose of the PUD and the findings described in Section 13-3- 9 of this chapter. (Ord. 298, 8-4-2004) 13-3-7: APPROVAL PROCESS: An applicant for a PUD shall submit in the application all of the material required by this chapter. Each PUD requested must adhere to the following process: o A. Permitted and conditional uses shall follow the Conditional Use Permit procedures provided in Section 12--M-14-6 of this code to establish the development standards for the PUD. These uses shall also complete the commercial site plan process once the Planned Unit Development has been approved. B. Applications involving the subdivision ofland shall complete a preliminary and final plat under the procedures provided in Title 11, "Subdivision Regulations", of this code. (Ord. 298, 8-4-2004) 13-3-8: FEES AND COSTS: Applications for a PUD shall be filed at the office of the City Planner along with a nonrefundable application fee for the approval process specified in Sections 13-3-3 and 13-3-7 of this chapter in the amount established by the City Council to defray administrative costs. (Ord. 298,8-4-2004) 13-3-9: FINDINGS REQUIRED: In order for a PUD to be approved, the City shall find that the following are present: A. The proposed development is not in conflict with the goals ofthe Comprehensive Plan ofthe city. B. The proposed development is designed in such a manner as to form a desirable and unified environment within its own boundaries. o -1- C. The proposed development demonstrates how each modified or waived requirement contributes to achieving the purpose of a PUD. o D. The PUD is of composition, and arrangement that its construction, marketing, and operation are feasible as a complete unit without dependence upon any subsequent unit. (Ord. 298, 8-4-2004) 13-3-10: REVISIONS AND AMENDMENTS: Administrative approval of incidental changes in the PUD may be authorized by the City Planner upon review and approval by ARC. Such administrative approvals shall not substantially alter the character of the approved PUD and shall be limited to landscaping (not including quantity reduction), color schemes (not including materials), association documents, fencing, entrance monuments and decks. Changes in uses or development/design standards must be submitted for a full public hearing review process. (Amended Ord. 314, 10-4-2005) 13-3-11: DESIRABLE PUD DESIGN QUALITIES: The following design qualities will be sought in any PUD: A. Achieves efficiency in the provision of streets and utilities and preserves area to achieve the elements of design qualities described in this chapter. B. Provides convenient and safe access for vehicles and pedestrians and all types of activity that are anticipated to be a part of the proposed development. o C. Provides a buffer between different uses, adjacent properties, roadways, between backyards of back- to-back lots. D. Preserves existing stands of trees and/or significant trees. E. Provides considerable landscaping treatments that complement the overall design and contribute toward an overall landscaping theme. F. Preserves significant usable space on individual lots or through the provision of open space within the development. G. Provides an attractive streetscape through the use of undulating topography, landscaping, decorative street lighting, decorative mailbox groupings, retaining walls, boulders, fencing, area identification signs, etc. H. The proposed structures within the development demonstrate quality architectural design and the use of high quality building materials for unique design and detailing. 1. The lasting quality of the development will be ensured by design, maintenance and use guidelines established through an owners' association. (Ord. 298, 8-4- 2004) o -S""- o o o 13-3-12: APPROVAL OF PLANNED UNIT DEVELOPMENT: The developer must demonstrate that the amenities and qualities of the Planned Unit Development are beneficial and in the public interest to allow the development to be approved. A substantial amount of the design qualities identified in Section 13-3-11 of this chapter shall be found to be present in order to approve a PUD. The amount of amenities and type of qualities that constitute an acceptable PUD are at the sole discretion of the City Council to determine. (Ord. 298, 8-4-2004) 13-3-13: Redevelopment PUDs: A property owner mav applv for a redevelopment PUD for their propertv, if the property meets the criteria outlined in this section. Such redevelopment PUDs shall onlv be used for lot splits. PUDs on all other subdivisions shall follow the normal PUD reauirements laid out in this chapter. All provisions of Citv Code chapter 13-3 shall apply to redevelopment PUDs except for section 13-3-11. A redevelopment PUD may be permitted if the subiect propertv meets the following standards: A:. The existing principle structure on the property is at least 30 years old, or does not meet current building codes, or has a blighting effect on the surrounding neighborhood, and will be removed as part of the redevelopment of the propertv. !L. The houses built on the new lots would be similar in size and architectural design to those in the surrounding neighborhood. Architectural plans must be included in the application for a redevelopment PUD and approved by the Council. Adopted by the City Council of the City of Andover this _ day of 2007. CITY OF ANDOVER Attest: Michael R. Gamache - Mayor Victoria V olk - City Clerk -r;;- o CITY OF ANDOVER COUNTYOFANOKA STATE OF MINNESOTA ORDINANCE NO. SUMMARY AN ORDINANCE CREATING STANDARDS FOR REDEVELOPMENT PLANNED UNIT DEVELOPMENTS IN THE CITY OF ANDOVER. STATUTORY AUTHORIZATION AND POLICY Statutory Authorization This ordinance is adopted pursuant to the authorization and policies contained in Minnesota Statute 462. Policy The purpose ofthis ordinance is to create standards for Planned Unit Developments (PUDs) on single lots, also known as "Redevelopment PUDs." GENERAL PROVISIONS AND DEFINITIONS o Jurisdiction The provisions of this ordinance shall apply to the City of Andover Enforcement The City Administrator or his/her designee shall have the authority to enforce the provisions of this ordinance. Interpretation Interpretation of the provisions of this ordinance shall be held to be the minimum requirements and shall be liberally construed in the favor of the governing body. A printed copy of this ordinance is' available for inspection by any person during regular hours of the City Clerk. Adopted by the City Council of the City of Andover on this _ day of ,2007. ATTEST: CITY OF ANDOVER o Victoria V olk, City Clerk Michael R. Gamache, Mayor -7~ o PUBLIC HEARING: CITY CODE AMENDMENT TO ESTABLISH REDEVELOPMENT CRITERIA IN CITY CODE 13-3: PLANNED UNIT DEVELOPMENT Mr. Bednarz explained the City Council directed staff to create criteria for "Redevelopment Planned Unit Developments" (PUDs). These criteria, which would apply to lot splits rather than larger developments, would allow for a PUD to be used to create flexibility in the development standards in older sections of the City, where existing housing might not meet current building codes or requirements. lIDs would allow lot splits to occur on properties that cannot meet the existing requirements for a lot split, but have the potential to be split into two properties that come close to meeting City standards and would fit the character of the surrounding neighborhood. lIDs direction stemmed from the Council's discussion of a proposed lot split on 1341h Avenue and Crooked Lake Boulevard that would have required two variances to be approved. Mr. Bednarz discussed the staff report with the Commission. o Commissioner Holthus wondered how many is a handful of lots and how often will they be looking at these unusual PUD's. Mr. Bednarz stated with the PUD ordinance and the way it is set up, if you have an existing older structure and they are willing to meet some Council discretion on what kind of architectural design will go on it is fairly wide open and would be very difficult to say there is a certain number of properties because it is flexible enough that it does not say you need to have a minimum of this or that. It has criteria of what the final product will need to meet but there is no minimum requirement to apply and that may be a concern. 1 \ o o Regular Andover Planning and Zoning Commission Meeting Minutes - February 13, 2007 Page 11 Commissioner Walton asked about the thirty year old structure requirement. In his line of work, he may see structures that are blighted and may need to be torn down but they are only eight years old. He wondered if the criterion of thirty years might block them from applying this. Mr. Bednarz stated as written, it would appear to do that. His suggestion might be to remove that all together. Chairperson Daninger stated his concern is if they cannot afford the cost of a split or it does not fit, that means they cannot afford the cost of a single house, how they will be able to afford a PUD because a PUD typically adds cost by giving up buildability area. Commissioner Cleveland wondered in the staffreport, I3a, would a property have to meet all the conditions or could they put in "or" where the commas are. Mr. Bednarz stated they could do that. He thought that was an excellent suggestion. Motion by Falk, seconded by Kirchoff, to open the public hearing at 8:38 p.m. Motion carried on a 6-ayes, a-nays, I-absent (Casey) vote. There was no public input. o Motion by Kirchoff, seconded by Walton, to close the public hearing at 8:38 p.m. Motion carried on a 6-ayes, a-nays, I-absent (Casey) vote. Chairperson Daninger stated he did not like this because there is a reason this code is here. He reviewed a past code amendment that was done regarding the ninety percent change. He did not like having a ton of rules and regulations but he felt another bend cormng. Commissioner Walton stated he felt they are making a mountain out of a mole hill. With this particular property in mind, there are a handful of lots like this that may qualify throughout the City. He stated Minneapolis redevelops homes all the time and they handle them in some manner but he does not know what that is and if there is a Code that guides them. He thought staff should look at alternatives to this. Commissioner Cleveland thought this removed minimums unless there is something real specific that is added to that. If you do this, what would be the minimum. Motion by Walton, seconded by Falk, to recommend the City Council not approve the City Code Amendment to establish redevelopment criteria in City Code 13-3: Planned Unit Development because the current ordinance gives them enough guidance to handle a case by case basis for property management and this was sufficient. Motion carried on a 6-ayes, a-nays, I-absent (Casey) vote. o Mr. Bednarz stated that this item would be before the Council at the February 20, 2007 City Council meeting. o o @ 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 Haas, Assistant City Engineer SUBJECT: Discuss State Aid Designations - Engineering DATE: February 20,2007 INTRODUCTION The City Council is requested to consider Municipal State Aid (MSA) designations for 2007. DISCUSSION As you know, as new local City streets are constructed each year, 20% of the basic mileage can be designated as Municipal State Aid. Currently the improved mileage total as of December 31, 2006 is 201.42. This mileage includes County State Aid Highways (CSAH), Municipal State Aid Streets (MSAS), County Roads (CR) and local City streets. The 20% calculation allows an additional 0.97 miles available for designation. In addition, City staff, based on the Public Works Committee's recommendation, has included a chart (see Part A) that identifies proposed MSA designations to be removed (these routes to be removed are identified in the current Andover Transportation Plan). Ifthe City Council agrees with the MSA segments to be removed, the total amount available to designate is 1.67 miles. Other routes the Public Works Committee also discussed were segments that are recommended to be relocated (see Part B). With the relocation recommended, an additional 0.12 miles is available to designate giving the City 1.79 miles to designate. As far as the routes to be designated, the Public Works Committee recommends Crosstown . Boulevard NW from Hanson BoulevardNW to . Prairie Road NW be designated as MSA (1.23 miles). In addition, the Committee also recommends Crosstown Boulevard NW from 157th Avenue NW to 161st Avenue NWbe designated asMSA (0.50 miles). The total for these two designations is 1.73 miles. As you may recall, both these sections of Crosstown Boulevard were turned over to the City by Anoka County this past January. o Note: Included in your packet is a map identifying the locations of the proposed removals, relocations and designations. o o o Mayor and Council Members February 20,2007 Page 2 of2 ACTION REQUIRED The City Council is requested to review and approve the Public Works Committee's recommendations of the proposed MSA removals, relocations and designations. Note: If these are approved, City staffwill meet with MnDOT State Aid personnel for approval. Respectfully submitted, ~/~ Todd Haas ./ ./ Attachments: Chart & Location Map o Non-Existing Convert Back to Seament Mil aae Existing Mil age Local Road Mil age 198-129-010 - 0.37 0.37 198-129-020 . 0.13 - - 198-130-020 0.20 - - 0.33 miles 0.37 miles 0.37 miles PART A - PROPOSED MSA DESIGNATIONS TO BE REMOVED Total MSA Designations to be Removed = 0.70 miles Total Available Designation from 2007 Mileage = Mileage Certification 0.97 miles PART A - TOTAL TO DESIGNATE = 1.67 miles PART B - ROUTE TO BE REVISED & RELOCATED Mileage to be Removed from Convert Back to Local Road Non-Existing Existing Local Road Mileag S ament Mileaae Mileaae Mileaae Cert. Certification 198-110-010 - 0.50 0.50 198-110-020 0.83 - - - 198-116-030 0.50 - - 0.50 TOTAL 1.33 miles 0.50 miles 0.50 miles 0.50 mil s o Both of these segments would be relocated further south from its present location. Total length of both segments to be removed = Total based on new location for segment 198-110 = Total based on new location for segment 198-116 = 1.83 miles 1.21 miles 0.50 miles PART B - TOTAL AVAILABLE TO DESIGNATE = 0.12 miles TOTAL PARTS A & B AVAILABLE MSA MILEAGE TO DESIGNATE = 1.79 miles PROPOSED MSA ROUTES TO BE DESIGNATED o To be Removed from County Road Mileage to be Mileage Road Segment Designated Mileage Crosstown Blvd. from 1.23 1.23 Hanson Blvd. To Prairie Rd. Crosstown Blvd. from 0.50 0.50 157th Ave. to 1615t Ave. TOTAL 1.73 1.73 G:\ST AFF\RHONDAA\TODD\MISC\MSA DESIGNATIONS.doc o o o @ 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: Discuss Community Center Advisory Commission Appointments DATE: February 20, 2007 INTRODUCTION Recent correspondence has been received from Wendy Albee (attached) indicating her desire to step down as the Park Commission representative on the Community Center Advisory Commission (CCAC). Wendy was appointed by the Council to the CCAC on August 15,2006. Effective January 1, 2007 the term of the Business Representative appointed to the CCAC (Andrea Melberg) expired and Andrea has decided not to seek reappointment. DISCUSSION Andover Park and Recreation Commission Representative: The CCAC By-Laws indicate that one of the seven members of this Commission will be from the Andover Park and Recreation Commission. Since receipt of the Ms. Albee's resignation, staffhas contacted the other commissioners from the Park and Recreation Commission to see if any would be interested in serving on the CCAC. Ted Butler has indicated that he would be willing to serve. Staff is recommending his appointment to the CCAC. Andover Area Business Representative: The CCAC By-Laws indicate that one ofthe seven members ofthis Commission will be a representative for the Andover area Businesses. Staffhas received an indication from three individuals in the Andover Business Community who are willing to serve on the CCAC. 1. Dan Fairbanks, Fairbanks Properties 2. Mike Quigley, Tony Emmerich Development 3. Louis Rudniki, Boulder Point LLC o o o Mayor and Councilmembers February 20, 2007 Page 2 of2 ACTION REOUESTED Accepted the resignation of Wendy Albee from the CCAC, appoint a new Park and Recreation Commission member to the CCAC and appoint a member from the Andover Business Community to the CCAC. Attachments: - Email from Wendy Albee - Excerpt from CCAC By-Laws o o o Page 1 of1 Jam s Dickins n From: Todd Haas Sent: Friday, February 02, 2007 1 :30 PM To: James Dickinson Subject: FW: Community Center Advisory Commission -----Original Message----- From: Wendyalbee@aol.com [mailto:Wendyalbee@aol.com] Sent: Thursday, February 01,20071:48 PM To: Erick Sutherland; Todd Haas Subject: Community Center Advisory Commission Erick and Todd, Due to lack of available time, I am resigning from the Community Center Advisory Commission. Wendy Albee 2/15/2007 6) ANDOVER/YMCA COMMUNITY CENTER ADVISORY BOARD BY-LAWS o 1.01 ESTABLISHMENT AND PURPOSE OF THE BOARD There is hereby created a Community Center Advisory Board, pursuant to authority given by Minnesota Statutes, and shall have the membership, responsibilities, and authority as set forth below. 1.02 MEMBERSIllP, APPOINTMENTS The Board shall be composed of seven (7) members, with members being appointed by the City Council. Members of the board shall be as follows: 1 representative from the Andover City Council; one (1) representative from the YMCA; one (1) representative from the Andover Youth Hockey Association; one (1) representative from the Andover Park Commission; one (1) re resentative for Andover area Businesses; and two (2) at - large members W 0 shall be residents of the City of Andover. Vacancies shall be filled for the unexpired portion of a de artin member's term by action of the Ci Council. The ecreation aCI Ity Manager and City Administrator will serve in a staff support capacity. " 1.03 MEMBERSIllP, TERM OF APPOINTMENTS o The term member of each board member shall be three (3) years. Members shall serve until their successor is appointed and qualified. The City Council reserves the right to waive this rule. No member shall serve more than two successive tf!rms or six (6) years, whichever is longer. Initial appointments shall include three (3) three-year terms, three (3) two-year terms, and one (1) one-year term. 1.03 OFFICERS The City Council shall appoint a chairperson for the Board. The Board will hold elections for the positions of vice chairperson and secretary. They shall have duties as implied by their titles. 1.04 MEETINGS All meetings of the Board shall be held in conformance with the Minnesota Open Meeting Law. The Board shall hold regular monthly meetings at a time and place to be set by the Board, and such special meetings as may be called as deemed necessary by the Board Chairperson, Secretary, or the City Council. The Board shall keep and preserve accurate minutes of each meeting of the Board or any committee thereof and these minutes shall be kept on file in the City Clerk's office. The Board shall adopt rules of conduct for its meetings and the transaction of its business. A majority of members shall constitute a quorum for taking action. Each member shall have one vote. o 1.05 ATTENDENCE Any Board Director who fails to attend three (3) consecutive monthly meetings, (without a valid excuse) of which notice was properly given, may be subject to expulsion from the Board upon notice of a meeting of the Board to consider same. The body that originally (9 o o o @) 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 March Council Workshop DATE: February 20, 2007 INTRODUCTION The Council is requested to schedule a Special Council Workshop for the month of March for a number of miscellaneous business items. DISCUSSION Potential agenda items for a March workshop have been identified as follows: 1. Joint Meeting with Planning and Zoning Commission 2. Presentation ofthe Anoka County Law Enforcement Center 3. Comprehensive Plan Update Discussion 4. 2008-2012 Capital Improvement Plan 5. Railroad Quiet Zones/Way Side Horns Update 6. 2007-2008 Council Goals Discussion Other items may be added upon request. ACTION REOUIRED Schedule a Council Workshop, a suggested date IS Tuesday March 27th or another date acceptable to the Council. o o o CITY OF NDOVE 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (763) 755-5100 FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US TO: Mayor and Councilmembers FROM: Jim Dickinson, City Administrator SUBJECT: Administrator's Report DATE: February 20, 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 hnprovement Projects 4. Meeting Reminders 5. Legislative Topics 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. 018 (na1J DATE Februarv 20. 2007 ITEMS GIVEN TO THE CITY COUNCIL > January 2007 Monthly Building Report > State Aid Designations Map PLEASE ADDRESS THESE ITEMS AT THIS MEETING OR.PUT THEMi'ON . THE NEXT AGENDA. THANK YOU. G:IST AFF\RHONDAAIAGENDAICC LIST .doc j ~ ff,.. t1? tJ~/~ CITY OF ANDOVER 2007 Monthl Building Report TO: Mayor and City Couneil FROM: Don Ol.on JANUARY . BUILDING PERMITS PermltIPlan Tax Total Valuation 5 Residential $ 13,738.09 $ 588.00 $ 14,326.09 $ 1,176,000.00 - Single Family 3 7,714.43 339.50 8,053.93 679,000.00 - Septic 2 6,023.66 248.50 6,272.1 6 497,000.00 - Townhome - - - - - - Additions - - - - - Garages - - - - 6 Basement Finishes 600.00 3.00 603.00 - - Commercial Building - - - - I Pole BldgsIBams 962.20 21.90 984.10 43,800.00 - Sheds I - - - - - Swimming Pools - - - - - Chimncy/StovelFireplace - - - - 4 Structural Changes 808.11 15.55 823.66 30,600.00 - Porches - - - - I Decks 99.05 1.35 100.40 2,700.00 - Gazebos - - - - I Repair Fire Damage 993.75 50.00 1,043.75 100,000.00 II Re-Roof 550.00 5.50 555.50 - 10 Siding 500.00 5.00 505.00 - 3 Other 1,700.90 . 33.65 1,734.55 67,300.00 1 Commercial Plumbing 530.06 10.00 540.06 20,000.00 - Commercial Heating - - - - I Commercial Fire Sprinkler 25.00 0.78 25.78 1,551.80 - Commercial Utilities - - - - - Commercial Grading - - - - - I 44 Total Building Permits $ 20,507.16 $ 734.73 $ 21,241.89 $ 1,441,951.80 PERMITS PermitIPlan Tax Total Fee. Collected 44 Building Permits $ 20,507.16 $ 734.73 $ 21,241.89 - Ag Building - - - - Curb Cut - - - - Demolition - - - - Fire Permits - - - - Footing - - - - Renewal - - - - Moving - - - 21 Heating 1,160.00 11.00 1,171.00 12 Gas Fireplaces 600.00 6.00 606.00 23 Plumbing 805.00 12.00 817.00 31 Pumping 465.00 - 465.00 - Septic New - - - 2 Septic Repair 100.00 1.00 101.00 3 Sewer Hook-Up 75.00 - 75.00 3 Water Meter 150.00 - 150.00 - Sewer Change OverlRepair - - - - Water Change Over - - - 7 Sac Retainage Fee 117.25 - 117.25 3 Sewer Admin. Fee 45.00 - 45.00 7 Certificate of Occupancy 70.00 - 70.00 5 License Verifieation Fee 25.00 - 25.00 - Reinspection Fee - - - 40 Contractor License 2,000.00 - 2,000.00 - Rental License I - - - - Health Authority - - - - 201 TOTALS $ 26,119.41 $ 764.73 $ 26,884.14 $ 1,441,951.80 , Total Number or Home. YID 2007 5 Total Number or Homes YID 2006 14 Total Valuation ITD 2007 $ 1,441,951.80 Total Valuation YID . 2006 $ 3,024,248.00 Total Building Department Revenue YID 2007 $ 26,119.41 Total Building Department Revenue YID 2006 $ 56,924.05 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 20,2007 City Council Meeting DATE: February 20,2007 The City Council is requested to receive the following supplemental information. Consent Items Item #4. Declare Cost/Order Assessment Roll/05-34/Bluebird Street NW & Hanson Boulevard NW !Intersection hnprovements (Supplemental) - Engineering Add-On Item. Accept Bid & Award Sale of Fire Department Excess Firefighter Protection Gear (Turn Out Gear) (Supplemental) - Fire Discussion Items Item #16. Consider Code AmendmentlEstablishing Farm Wineries as a Home Occupation (Supplemental) - Planning @ 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 D. Berkowitz, City Engineer SUBJECT: Declare Cost/Order Assessment RoW05-34/Bluebird Street NW & Hanson Boulevard NW /Intersection Improvements (Supplemental) - Engineering DATE: February 20, 2007 INTRODUCTION Attached are the letters from BDT Land, LLC, BDT Holdings, LLC and the Hamilton's stating they are willing to waive the assessment he~ng for the project. Respectfully submitted, Q-dJ, ~ David D. Berkowitz Attachments: Letters'/ cc: Tom Roberts, BDT Holdings, LLC, 6484 Pinnacle Dr., Eden Prairie, MN 55346 Tom Roberts, BDT Land, LLC, 6484 Pinnacle Dr., Eden Prairie, MN 55346 ~ Stonewood PROPERTIES, INC. February 7, 2007 David D. Berkowitz City Engineer City of Andover 1685 Crosstown Blvd. NW Andover, MN 55304 Re: Lots 3 and 4, Block 1, Andover Clocktower Commons Mr. Berkowitz, We have reviewed the final assessment worksheet dated 1/25/07 for the improvements to the intersection of Hanson Boulevard and Bluebird Street NW and agree with the assessment to our properties. We therefore are willing to waive the assessment hearing. . If you have any questions please feel free to contact me. Sincerely, Tom Roberts, Chief Manager BOT LAND, LLC 6484 Pinnacle Dr. Eden Prairie. MN 55346-1309 trstonewood@comcast.net Office (952) 934-1423 Fax (952) 934-4697 Cell (612) 790-2766 -----~\ ~.. ,--\ __?~~.__.-,., 'I ~ "\ 0'\;' \ ""1 ?l \. 0.:) ~,"1 \ 1~\\1" ~ i~J,~}~;iJ~~'- February 7, 2007 David D. Berkowitz City Engineer City of Andover 1685 Crosstown Blvd. NW Andover, MN 55304 ~ Stonewood PROPERTIES, INC. Re: Lot 5, Block 1, Andover Clocktower Commons Mr. Berkowitz, We have reviewed the final assessment worksheet dated 1/25/07 for the improvements to the intersection of Hanson Boulevard and Bluebird Street NW and agree with the assessment to our property. We therefore are willing to waive the assessment hearing. If you have any questions please feel free to contact me. Sincerely, J/vl Tom Roberts, Chief Manager BOT Holdings, LLC 6484 Pinnacle Dr. Eden Prairie, MN 55346-1309 trstonewood@comcast.net Office (952) 934-1423 Fax (952) 934-4697 Cell (612) 790-2766 From: LAMDHIRM 812 252 9077 .02/12/2007 18:28 February 1", 2007 Mr. Edward Hamilton Lora Grace Hamilton David D. Berlwwitz City Engineer City of Andover 1685 Crosstown Blvd. NW Andover, IVIN ~i5304 Re: Lots 3 and 4, Block 1, Andover Clocktower Commons Mr. Berkowit:<'~, 1092 P.002/002 We have reviewed the final assessment worksheet dated 1/25/07 for the improvements to the intersection of Hanson Boulevard and Bluebird Street NW and agree with the assessment to our properties. We therefore are willing to waive the assessment hearing. If you have any questions please feel free to contact me. Sincei"ely, Lara Grace Har.,lilton as trustee of the Lora Grace Hamilton Revocable Trust VIA dated October 22, 1998, as to an undivided one half interest 1/) JI /} '" LCr;(~~c:t-r;r (;f/a-1Jat~1 Edward Lynn Hamilton as trustee offue Lo,ra Gr ace Hamilton Revocable Trust ViA dated October 22, 1998, as to an undivided one half interes, ~r~ Lora Grace Hamilton as trustee of the Edward Lynn Hamilton Revocable Trust ViA dated October 22, 1998, as to an undivided one half interest $/C CL.&dC<- 40"Zc'&w Edward Lynn Hamilton as trustee of the Edward Lynn Hamilton Revocable Trust VIA dated October 22, 1998, 'as to an undivided one half interest , ~~~ 6..' ~./ . J 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: Dan Winkel, Fire Chief;t. CC: Jim Dickinson, City Administrator SUBJECT: Accept Bid and Award Sale of Fire Department Excess Firefighter Protective Gear ( Turn Out Gear). DATE: February 20, 2007 INTRODUCTION The fire department had previously received approval form the Mayor and City Council to sell some of the excess turn out gear that is now in storage at station #1. DISCUSSION The fire department had previously received approval from the Mayor and City Council in 2003 and again shortly after the F.RMA grant for new turn out gear was received in 2005, to sell some of the excess firefighter protective gear. The fire department did sell a few sets in early 2004 and has now advertised for sealed bids once again to sell at least 12 sets of gear. The advertisement for bids was placed in the Anoka County Union on Friday February 9,2007. Sealed bids for the excess gear were to be received no later than Friday February 16, 2007. The City did receive one sealed bid from the Pequot Lakes Fire Department. The amount of the bid was for $50 dollars for one set of gear which includes a coat and a pair of pants. The Pequot Lakes Fire department would like to purchase twelve (12) sets of the used turn out gear at a price of $50 for each set of gear. Pequot Lakes is also interested in additional sets of gear if they are available. The fire department will evaluate how much used gear is left and make the decision if additional gear could be sold. The fire department needs to have approximately 25 to 30 sets of gear available should we encounter some kind of disaster that damages turn out gear and we need replacements quickly. BUDGET IMPACT The City of Andover will receive $600 for the 12 sets of used turn out gear from the City Of Pequot Lakes Fire Department. RECOMMENDATION Staff is requesting Mayor and City Council approval to accept the sealed bids for the used firefighter protective gear and authorize the sale of the gear to the Pequot Lakes Fire Department. :D;:'Y;Jp! Dan Winkel, Fire Chief 1'~.,1a4u 11~ FIRE DEPARTMENT jD~ .4du, 1/(U,NeIlH'4 56472 FIRE GEAR BID TO: City of Andover Andover Fire Department Andover, Mn FROM: Pequot Lakes Fire Department 4638 county Road 11 Pequot Lakes, Mn 56472 SUBJECT: The Pequot Lakes Volunteer Fire Department submits this bid for 12 sets of fire gear (coat and bunker pant) at a figure of $50.00 per set. We may be interested in more than 12, if they are available. CONTACT PERSON: Bill Rickard Assistant Fire Chief Pequot Lakes fire Department 218-568-6604 (home) 218-821-9654 (cell) @ 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (763) 755-5100 FAX (763) 755-8923 . WWW.CI.ANDOVER_MN.US TO: Mayor and Council Members CC: Jim Dickinson, City Administrator Will Neumeister, Community Development Director uiJ- FROM: SUBJECT: Consider Code Amendment/Establishing Farm Winery as a Conditional Use (Supplemental) DATE: February 20, 2007 Attached please find: . E-mail from Mark Hedin that was delivered to the City this morning. . Petition from neighbors of Mark Hedin indicating their approval of code changes for a farm winery on Mark Hedin's property.. . Map showing the location of the neighbors who signed the petition. Please have it entered into the record. We have no objections to the proposed ordinance amending the city code allowing a licensed Farm Winery under Home Occupations 12-9-12 on the attached sheet. Name Address ~G~ I (J.,+"' u~ AJw ~~ -- - 2:J' ~ I [u6~ '-^, J0 \rJ (ffiUJtNeh'1fvt!~ SS::0 cf .3VfJ (' - / h~Sb-AtJ fi!t:V //;-t1(ld'( <:/ /l;[fU . 33& S - / /FS U, ~ III tN 14~J'7'Ukl j/llJ;1J \ . I L{~ / /Lf4~'7fv.e_ fi)u J 54wlJ/;~r; f11A) gdJ4~ IGS~ Ln \..flw: ~9~el7. y 1--) , . 7- I /; i 3'47() I~~u /itlE' r1 Ln Il) dOL/{/' ,J)/~ / " ~ 16 5'- / vY,~J Sf {J vJ J~ J. <<-,e,- p1 tV I fa S'-7(P ~lv'€-{d -A f t1 (J () &.~cx '-VL 'ft-l'i1 3 ,/of 1.fB'z.. I{,s- LA-IVf- ~ A,v/),v'i..'l.. 14A./ / , (~~&V-rLJ\-'p ,>,-iV...J 4.NDOA;'L~,J -SC(30" ({; s/h L~,,<.. ;V Gv/ AV\Jc"/<"/ JVl~ CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA ORDINA.NCE NO. AN ORDINANCE AMENDING SECTIONS 12-2, ]2-9 AND 12-12 OF CITY CODE OF THE CITY OF ANDOVER THE CITY COUNCIL OF THE CITY OF ANDOVER DOES HEREBY ORDAIN AS FOLLOWS (strike-outs shall indicate sections to be deleted, underlining shall indicate sections to be added): CITY CODE TITLE 12: ZONING REGULATIONS CHAPTER 2: RULES AND DEFOOTIONS SECTION 2: DEFOOTIONS Farm Wineries _ A rural residential propertY that is a minimum of2 \12 acres in size. where the owner is engaged in making of table. sparkling. or fortified wines from grapes. grape iuice. other fruit bases. in conformance with State Statutes and Federal Laws_ CHAPTER 9: HOME OCCUPATIONS 12-9-12: FARM WINERIES: The following provisions shall applv to all farm wineries that are considered home occupations under the Conditional Use Permit process: A. Farm wineries which shall be allowed on 2 Vz acre or larger parcels in the R-l. R-2 and R-3 Zoning Districts. B. Farm wineries shall follow the standard building setbacks for the applicable Zoning District. C. "Whether conducted in a principal or accessory structure. a farm winery shall not be operated as a retail store (i.e. no retail displays will be allowed). D. Farm wineries shall be allowed only six on-site sales per day. All other sales will need to be made by the internet/telephone and mailed to the buyer via parcel post. E. Farm wineries shall be subiect to production limits on the amount of wine produced on-site each year. as specified in the Conditional Use Permit. F. Other Requirements: All provisions of Section 12-9-2 of this chapter. G. Termination of Use Upon Sale ofPropertv: Upon sale of the premises for which the Conditional Use Permit is granted. such permit shall terminate. Zoning Districts Permitted, Conditional, and Prohibited Uses R-1 R-2 R-3 R-4 R-5 i M-1 I M-2 GR LB NB SC GB 1 Farm Wineries C C C (subiect to City I Code 12-9-12) CHAPTER 12: PERMITTED, CONDITIONAL, AND PROHIBITED USES ~:Y~ ....Co Qlro ~2 "'0_ C.c <C.!2l -(f) o () >":;; <30 CD ~ ~fr;M = = ~ M .... W ;S;;; ,- i I I ~ Q) <0 0 '" .2? 0 ",'" 0 b '" _UJ ~ <.9'" '" r-- UJ ~'" " 0 '" w": .c 0 0 6~ '" " '" f- .~ ~ () OZ ~ N 0 Z=> ..:0 iD * $ -. () ~ '" ~~ '" 0 0 0. 0. '" ~~ '" '" 1;; ,5l..: ::;; ::;; 0 J ti z w '" C>a: ~ ~ ~ ~ ~ 11. 3 ~ ~ ;1i1lll2lD = N M II ~ 11____ M r------r----~ r--------l-------l ,~- ~ I ~ '_____O~~~--_' -----.-t------l~ = ! ~ ! I !r= ~ ,.. ; CJ) !~ ~ 1(0 !~ , I i I I i L___._____J = M ~ 6l~[ = = = ) ~ M N M 6Z99~ / J J J = = N M 15 a ~iii ~~ w . m ~_L_____ i ----~- --l;) "" T: 'I ! r-::11,---; . I I I . I , i 90" 1\ LO" l_____.___lJ~T2.?_Q~\ , \ -----\ \ \ ~ ~ /""'" ~ \\ ~ \ ~ i J __. ___~J l______ \---rUl!P3I-~=-----'-- '-~=-'l [.--~-.l ~_ - ~ r-. \; M ! -------A~ 1 \ ~ ~ ~ ~ M M .J ~ RB~9L [gEE ~ ~ M = ~ ~ M N ~ M S M >< = ~ M ~ ~ M x ~~s:L_-- T~l 1'----- ~'--- .L -......... --. --- ""-'''''-... ~ I "' '" . = <::l El9E BD9E . .a '" 11 N @ ~ = go " Will Neum ister From: Sent: To: Cc: Subject: Mark & Mary Hedin [m_hedin@bitstream.net] Monday, February 19, 2007 3:09 PM Mike Gamache; Ken Orttel; Don Jacobson; Julie Trude; Mike Knight James Dickinson; Will Neumeister; Andy Cross Farm Winery Ordinance - 02-20-2007 Dear Mr. Mayor and Council members, While I am unable to attend Tuesday's Council meeting, I would like you to know that I feel the City Ordinance Amendment for Farm Wineries as written should adequately address the concerns of the city and any potential Farm Winery owner under the Home Based business category. The staff has been very thorough and I have appreciated their efforts. As we discussed at the Council Worshop January 23, I believe the best place to address the question of City regulation of the volume allowed to be produced would be in each individual Conditional Use Permit. From the City's point of view, there may be situations where smaller volumes are desired in the area, other situations may allow larger volumes. From the CUP holder's point of view, there may be reason to petition the Council for a change in allowed volume at some future date. The Council would retain more control by using the CUP process than by locking in a specific gallonage or formula in the ordinance. I would also find filing a copy with the city of my Federal annual report of the gallonage produced an unnecessary burden for the winery and the city employees. If there is a problem with the winery, the problem should be addressed and fixed, or the CUP revoked, regardless of the gallonage produced. I am not aware of any similar reporting requirements for other home based businesses, such as hair salons, cabinet makers, or wood workers, nor of any other city that requires this. Sincerely, Mark Hedin 1 , . n~ 5 . t d E::~ pnngs e Springsted Incorporated . \ q 0 380 Jackson Stree~ Suite 300 Saint Paul, MN 55101.2887 Tel: 651.223.3000 Fax: 651-223-3002 www.springsted.com ... February 14, 2007 Mr. Don Jacobson, Council Member City of Andover 1685 Crosstown Blvd. NW Andover, MN 55304 Dear Mr. Don Jacobson, The Anoka County Board has formed an exploratory committee charged with studying if a need exists for a county. wide economic development organization. Springsted Incorporated has been retained to staff the exploratory committee and carry out the study process mandated by state law. The charge to this committee is two-fold: to inventory the current economic development activities of local govemments operating within Anoka County and to identify gaps in the economic development services provided and the capacity and ability of existing agencies to fill these gaps. The results of this analysis will guide the committee in recommending one of four options outlined in state law to the Anoka County Board. The four options that the exploratory committee can recommend to the Anoka County Board are: to create a county economic development authority, to grant economic development authority powers to the existing county housing and redevelopment authority, to pursue special legislation or to recommend maintaining the existing structure. The committee anticipates completing its work by May 8, 2007. When the committee completes its work, you will receive an executive summary of the study, the committee's recommendation, and instructions for viewing the complete report online. Your community's input into this study process is very important. Committee members, County staff or a Springsted consultant will be contacting your community's chief administrative officer to .collect information about current economic development activities and future goals and to identify economic development tools available to. or needed by your community, A copy of the questionnaire that will be used is enclosed for your information. Future committee meetings will be held at the Anoka County Govemment Center. Anyone seeking more information is welcome to attend. The dates and times of future meetings are: Wednesday, March 14 11 :30 a.m. . 2:30 p.m, Wednesday, April 4 11 :30 a.m. - 2:30 p.m. Wednesday, April 25 11 :30 a.m. .2:30 p.m, " Presentation of the committee's study results and recommendations is tentatively scheduled for the May 8, 2007 meeting of the Anoka County Board, For more information about the exploratory committee and its study process, please contact Sharon Klumpp with Springsted at 651.223.3053 or Karen Skepper, Anoka County Community Development Manager at 763-323-5709, Sincerely, Sharon G. Klumpp, Vice President Consultant Ene. '. Local Government Inventory Questionnaire Local Government Name: Name: Job Title: Telephone Number: Email Address: 1. Do you have: (Complete the boxes that apply) Year Established Number of Members EDA HRA HRA wlEDA Powers . Port Authority Economic Dev. Committee 2, If you have an EDA, are you using statutory ability to levy? Yes 0 Yes 0 Yes 0 3. If you have an BRA, are you using statutory ability to levy? 4. If you have a Port Authority, are you using statutory ability to levy? 5. Do you have paid staff specifically dedicated to economic development activities? If yes, how many FTEs? _ . Yes 0 No 0 No 0 No 0 No 0 6. Please list examples of projects the EDAlHRA/local government has fundedwitbin the last five years, and the amount and type of funding used. Project Name Year Type of Funding Amount of Funding Springsted Local Government Inventory Questionnaire Page 2 .' 7. What economic development tools have you been using or would you consider using? What tools would you absolutely not use? (Space is provided to add other types of economic development tools.) Please indicate below: Have Would Would Not Used Consider Use Communitv Development Block Grants Contamination Cleanup and Investigation Grant Program Economic Development Authority/Housing Redevelopment Authoritv Economic Development Fund Eminent Domain Livable Communities Grant Minnesota Investment Fund Municipal State Aid Street Fund Redevelopment Grant Revolvin2: Loan Fund/Interest Buy Down Programs Special Assessment Special Service District Tax Abatement Tax-Exempt Financing TIP - Redevelopment District . TIP - Renewal and Renovation District TIP - Housing District TIP - Economic Development District 8. What other related economic development tools has your locality employed? (Space is provided to other types oflocal programs.) Have Would Would Not Used Consider Use Business Retention ProlITam Localitv Marketing Plan Workforce Trainin2: ProlITams Business Incubator PrOlITams Job Skills Partnership Act 9. Have you exercised the option for the EDA/HRA to be a limited partner-in a relationship? Why or why not? Springsted " Local Government Inventory Questionnaire Page 3 10. What is the current emphasis of economic. development activities in your community? 11. Let's travel in time to the year 2017. What economic development success stories will have made local, county or regional headlines over the last 10 years? 12. Based on these headlines, what should be the focus of economic development activities over the next 10 years? 13. What barriers have limited economic development in your local government? 14. What has been your greatest economic development challenge? 15. Describe limitations that have been placed on the use of economic powers within your local government. Springsted Local Government Inventory Questionnaire Page 4 " 16. What projects have you wanted to do, but have been unable to accomplish? 17. If a County economic development organization were formed what factors would influence your participation? 18. Please indicate the most recently adopted economic development goals for your local gove=ent in the space below . 19. Please list any recent studies and analytical research that has been prepared regarding the .economic development environment in your local gove=ent. ,",' ..' ",-,"'1Ti-I',i'1G::,Cif'! - ~ " - "'J""'.........-" ~ Local Government Inventory Questionnaire Page 5 20. The charts below show the Metropolitan Council projections for Population, Housing and Employment growth in Anoka County between 2010 and 2030. If you have different projections for your locality please indicate in the space provided. Population 2010 2010 2020 2020 2030 2030 City Est. City Est. City Est. Andover 33,000 39,000 40,500 Anoka 19,000 19,800 20,800 Bethel 450 460 510 Blaine 64,800 76,100 78,000 Bums Twp. 4,480 4,990 5,800 Centerville 3,700 4,100 4,700 Circle Pines 5,400 5,300 5,400 Columbia Heights 20,000 21,400 21,700 Columbus . 4,000 4,240 4,680 Coon Rapids . 65,700 66,000 65,000 East Bethel 11,800 11,700 12,100 Fridley 27,000 26,900 27,500 Ham Lake 15,200 15,200 15,200 Hilltop 770 770 770 Lexington 2,250 2,250 2,300 Lino Lakes 22,500 26,300 30,700 Linwood Twp. 4,920 5,000 5,400 Oak Grove 7,700 8,300 8,600 Ramsey 31,300 45,000 44,000 St. Francis 7,700 10,400 12,800 Spring Lake Park 6,600 6,600 6,800 Anoka County Total 358,270 399,810 413,260 Households 2010 2010 2020 2020 2030 2030 City Est. City Est. City Est. Andover 12,100 14,600 15,500 Anoka 7,900 8,500 9,000 Bethel 160 180 200 Blaine 24,000 29,300 31,200 Bums Twp. 1,530 1,820 2,120 Centerville 1,340 1,600 1,850 Circle Pines 2,050 2,100 2,200 Columbia Heights 8,600 9,200 9,300 Columbus 1,450 1,600 1,750 Coon Rapids 25,600 26,500 27,000 . East Bethel 4,210 4,420 4,640 Fridley 11,600 11 ,900 12,300 Ham Lake 5,100 5,300 5,500 Hilltop 410 410 410 Lexington 910 950 1,000 Lino Lakes 7,100 8,600 10,100 Linwood Twp. 1,820 1,950 2,090 Oak Grove 2,700 3,000 3,220 Ramsey 10,900 16,200 16,500 St. Francis 2,800 4,000 5,000 Spring Lake Park 2,700 2,750 2,950 Anoka County Total 134,980 154,880 163,830 Springsted Local Government Inventory Questionnaire Page 6 " Employment 2010 2010 2020 2020 2030 2030 City Est. City Est. City Est. Andover 4,200 4,800 5,200 Anoka 14,400 15,200 16,200 Bethel 330 380 440 Blaine 20,1 00 21,600 23,100 Bums Two. 350 400 450 Centerville 520 630 670 Circle Pines 2,250 2,400 2,450 Columbia Heights 6,600 6,800 7,000 Columbus 730 900 1,000 Coon Raoids 24,200 26,000 27,800 East Bethel 1,380 1,500 1,610 Fridlev 30,200 33,000 35,300 Ham Lake 3,050 3,200 3,450 Hilltoo 350 420 470 Lexington 880 . . 1,050 1,120 Lino Lakes 2,950 3,300 3,550 Linwood Two. . 140 150 160 Oak Grove 500 600 680 Ramsev 6,700 9,100 11 ,300 St. Francis 1,630 1,900 2,220 Sorinll Lake Park 4,600 4,800 4,850 Anoka County Total 126,060 138,130 149,020 Please submit surveys to anokacountv\al.soringsted.com by Friday, February 23,2007. Questions may be directed to Sharon Klumpp with Springsted at 651.223.3053 or at sklumoo@sorinllsted.com. I!"" _ _ ; ""'t ""'" _t......,.._~ :'~JrHtY~i..C'U .L~~ ......-...- ~~~ ~..~. 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