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" p:: l'i ....:I ~ '" 0 '" ~ j ,~ <'l '" . i>-o '" 1;; -g -5 "tl l'i " '" ::0 "tl ~ 8 a ~ ~ < '" " ,~ .0 "'" " " l'i .~ '" <:: ~ .... ~ r-- 0 '" ~ >-< ~ 0 0 crJ I-E " OJ 0 00 CITY OF ANDOVER COUNTYOFANOKA STATE OF MINNESOTA RES, NO, R176-07 A RESOLUTION APPROVING A VARIANCE TO REDUCE THE FRONT YARD SETBACK FROM 35 FEET TO 29 FEET FOR PROPERTY LOCATED AT 1657 145TH LANE NW LEGALLY DESCRIBED AS: Lot 4, Block 1, Foxburgh Crossing, Anoka County, Minnesota WHEREAS, the Planning Commission has reviewed the request to vary from City Code 12-3-5 to reduce the side yard setback for the subject property from 35 feet to 29 feet and recommends approval, and; WHEREAS, the City Council has received the recommendation of the Planning Commission, and; WHEREAS, the City Council finds that the following conditions constitute an undue hardship for the subject property: 1. The curve of the street along the front of the property increases the front yard setback and reduces the buildable area of the subject property. 2, As a result, the existing house is located significantly further from the street that the adjacent home to the west. The proposed addition would help to mitigate the unusual difference between the location of these homes from the street. WHEREAS, the City Council finds the variance will not be detrimental to the health, safety or welfare of the surrounding properties, and; NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover approves the proposed variance request to reduce the front yard setback for the subject property from 35 feet to 29. Adopted by the City Council ofthe City of Andover on this 18th day of December, 2007. CITY OF ANDOVER ATTEST: J".vd:i;JJ (J/L, Victoria V olk, City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO.RI75-07 APPROVING COST-OF-LIVING ADJUSTMENTS FOR ALL NON-REPRESENTED EMPLOYEES FOR CALENDAR YEAR 2008 WHEREAS, cost-of-living adjustments for non-bargaining employees are in order to recognize annual inflationary increases in cost-of-living standards as measured by the Consumer Price Index (CPl), and regional economic and market-based indicators; and WHEREAS, the annual percentage adjustments of three (3.0) percent effective January 1, 2008, are within the expenditure guidelines established in the 2008 Budget; and WHEREAS, non-bargaining employees are defmed as those public employees not formally represented by an exclusive bargaining group as defmed under Minnesota Statute. NOW THEREFORE, BE IT RESOLVED that the City Council hereby approves cost- of-living adjustments of three (3,0) percent effective January 1, 2008, for all non- represented employees. Adopted by the City Council on December 18, 2007 CITY OF ANDOVER Attest: ~tl~ Vicki V olk, City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO, 174-07 MOTION by Councilmember Jacobson to adopt the following: A RESOLUTION DECLARING ADEQUACY OF PETITION AND ORDERING PREPARATION OF A FEASIBILITY REPORT FOR THE IMPROVEMENT OF WATER MAIN , PROJECT NO. 08-10, IN THE AREA OF 3458 _142ND AVENUE NW. WHEREAS, the City Council has received a petition, dated December 5. 2007 requesting the construction of improvements; and WHEREAS, such petition has been validated to represent the signatures of 100% of the affected property owners requesting such improvement. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover that: 1. The petition is hereby declared to be 100% of owners of property affected, thereby making the petition unanimous. 2. Escrow amount for feasibility report is 0 3. The proposed improvement is hereby referred to the City Enqineer and he is instructed to provide the City Council with a feasibility report. MOTION seconded by Council member Kniqht and adopted by the City Council at a reqular meeting this 18th day of December , 2007, with Council members Jacobson. Kniqht. Orttel. Gamache. Trude voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: ~ab Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES, NO. 173-07 A RESOLUTION ESTABLISHING MUNICIPAL STATE AID STREETS. WHEREAS, it appears to the City Council of the City of Andover that the streets hereinafter described should be designated as Municipal State Aid Streets under the provisions of Minnesota Laws of 1967 Chapter 162; and NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Andover that these streets described as follows, to wit: . Andover Boulevard NW from Round Lake Boulevard NW to 0.43 miles west of Crosstown Boulevard NW . 167th Avenue NW from Verdin Street NW to 0.5 miles east of Verdin Street NW to be and hereby established, located and designated as Municipal State Aid streets of said City, subject to the approval of the Commissioner of Transportation of the State of Minnesota. BE IT FURTHER RESOLVED that the City Clerk is hereby authorized and directed to forward two certified copies of this resolution to the Commissioner of Transportation for their consideration and upon his approval of the designation of said streets or portion thereof, that same be constructed, improved and maintained as Municipal State Aid Streets of the City of Andover and to be known as Municipal State Aid Streets. Adopted by the City Council of the City of Andover this 18th day of December , 2007 , CITY OF ANDOVER ATTEST: 11:t;-~ tJ;/P Victoria Volk - City Clerk Certification I hereby certify that the above is a true and correct copy of a resolution duly passed, adopted and approved by the City Council of said City on December 18, 2007, tLi:~ iJ4' Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 172-07 A RESOLUTION REVOKING MUNICIPAL STATE AID STREETS, WHEREAS, it appears to the City Council of the City of Andover that the streets hereinafter described should be revoked as a Municipal State Aid Street under the provisions of Minnesota Laws of 1967 Chapter 162; and NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Andover that the streets described as follows, to wit: . Control Section #110, Segments 010 & 020 . Control Section #116, Segment 030 be and hereby are revoked as a Municipal State Aid Streets of said City, subject to the approval of the Commissioner of Transportation of the State of Minnesota. BE IT FURTHER RESOLVED that the City Clerk is hereby authorized and directed to forward two certified copies of this resolution to the Commissioner of Transportation for his consideration and upon his approval of the revocation of said streets or portions thereof, Adopted by the City Council of the City of Andover this 18th day of December , 2007. CITY OF ANDOVER ATTEST: tL.t;f~ ()j'-' Victoria Volk - City Clerk Certification I hereby certify that the above is a true and correct copy of a resolution duly passed, adopted and approved by the City Council of said City on December 18, 2007. U~~JJ UrI:& Victoria Volk - City Clerk STATE OF MINNESOTA) COUNTY OF ANOKA ) CITY OF ANDOVER ) I, the undersigned, being the duly qualified and acting City Clerk of the City of Andover, Minnesota, do hereby certify that I have carefully compared the attached Resolution No. 17 I -07 adopting the City of Andover updates of all or a portion of previously certified bonded indebtedness levies for 2008 with the original record thereof preserved in my office, and have found the same to be true and correct transcript of the whole thereof. IN TESTIMONY WHEREOF, I have hereunto subscribed my hand this 18th day of December 2007. IJ~ !.i&; Victoria V olk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 171-07 A RESOLUTION UPDATING CERTIFIED BONDED INDEBTEDNESS FOR 2008. WHEREAS, the preparation and adoption of budgets is recognized as sound financial practice; and WHEREAS, the City of Andover has the responsibility to appropriately and efficiently manage the public's funds; and WHEREAS, the City of Andover has determined that it is prudent to update certified bonded indebtedness levies for 2008; and WHEREAS, the Anoka County Property Records and Taxation Division is requiring a City Council resolution updating bonded indebtedness levies that would have been certified to Anoka County as part of prior year bond sales. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Andover hereby updates all or a portion of previously certified bonded indebtedness levies for 2008 as listed on Attachment A. Adopted by the City of Andover this 18th day of December 2007. CITY OF ANDOVER ATTEST: ~~~ (l.~ t:rlb Victoria Volk - City Clerk STATE OF MINNESOTA) COUNTY OF ANOKA ) CITY OF ANDOVER ) I, the undersigned, being the duly qualified and acting City Clerk of the City of Andover, Minnesota, do hereby certifY that I have carefully compared the attached Resolution No. 170-07adopting the City of Andover 2008 Budget and 2008 Property Tax Levy with the original record thereof preserved in my office, and have found the same to be true and correct transcript of the whole thereof. IN TESTIMONY WHEREOF, I have hereunto subscribed my hand this 18th day of December 2007. !Li;; ;.J {J,cL; Victoria V olk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO 170-07 A RESOLUTION ADOPTING THE CITY OF ANDOVER 2008 BUDGET AND 2008 PROPERTY TAX LEVY TO BE CERTIFIED TO THE COUNTY AUDITOR. WHEREAS, the preparation and adoption of budgets is recognized as sound financial practice; and WHEREAS, the City of Andover receives significant financial support from its residents through the payment of property taxes; and WHEREAS, the City of Andover has the responsibility to appropriately and efficiently manage the public's funds; and WHEREAS, Minnesota State Law requires the City to certifY to the County Auditor an adopted tax levy and budget prior to December 28,2007; and WHEREAS, Minnesota State Law requires the City to certifY to the State of Minnesota Department of Revenue an adopted tax levy by December 28,2007. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Andover hereby adopts the 2008 City of Andover Budget and the 2008 property tax levy totaling $10,153,718 as listed on Attachment A. BE IT FURTHER RESOLVED that the City Council of the City of Andover hereby establishes the 2008 City of Andover Budget by fund type as follows: REVENUES EXPENDITURES General Fund $ 8,811,132 General Fund $ 8,885,654 Special Revenue Funds 1,923,905 Special Revenue Funds 2,087,887 Debt Service Funds 5,732,054 Debt Service Funds 5,737,763 Capital Projects Funds 7,728,527 Capital Projects Funds 6,191,856 Enterprise Funds 4,163,786 Enterprise Funds 4,238,480 Internal Service Funds 867,079 Internal Service Funds 900,195 Total $ 29,226,483 Total $ 28,041 ,835 Adopted by the City of Andover this 18th day of December 2007. CITY OF ANDOV~ ATTEST: ~~~ M ael R. Gamache - Mayor O. ~:t;;-'J 1),,$ Victoria V olk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 169-07 MOTION by Councilmember Jacobson to adopt the following: A RESOLUTION ORDERING IMPROVEMENT AND DIRECTING PREPARATION OF PLANS AND SPECIFICATIONS FOR THE IMPROVEMENT OF PROJECT NO. 08-04 ,2008 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 2008 Seal CoatinQ , Project 08-04; and BE IT FURTHER RESOLVED by the City Council to hereby direct the City of Coon Rapids. with assistance from the Andover EnQineerinQ Department to prepare the plans and specifications for such improvement project. MOTION seconded by Councilmember KniQht and adopted by the City Council at a reQular meeting this 18th day of December, 2007 , with Council members Jacobson. KniQht. Orttel. Gamache. Trude voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: 'U~ 11& Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 168-07 MOTION by Councilmember Jacobson to adopt the following: A RESOLUTION ORDERING IMPROVEMENT AND DIRECTING PREPARATION OF PLANS AND SPECIFICATIONS FOR THE IMPROVEMENT OF PROJECT NO. 08-03 FOR THE 2008 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 2008 Crack Sealinq , Project 08-03; and BE IT FURTHER RESOLVED by the City Council to hereby direct the .....Qi!Y.. Enqineer to prepare the plans and specifications for such improvement project. MOTION seconded by Council member Kniqht and adopted by the City Council at a reqular meeting this 18th day of December , 2007 , with Council members Jacobson, Kniqht. Ortlel. Gamache. Trude voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: ~~ Mi ael R. Gam e - Mayor LL~ ()~ Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 167-07 MOTION by Councilmember Jacobson to adopt the following: A RESOLUTION ACCEPTING FEASIBILITY REPORT AND CALLING PUBLIC HEARING ON IMPROVEMENTS OF PROJECT NOS. 08-02A. 2008 OVERLAYS- NORTHGLEN AREA & 08-02B, 2008 OVERLAYS - GROW OAK VIEW ESTATES). WHEREAS, pursuant to Resolution No. 165-07, adopted the L day of December ,2007 a Feasibility Report has been prepared by the City Enqineer for the improvements: and WHEREAS, such report was received by the City Council on the 18th day of December , 2007; and WHEREAS, such report declared the proposed assessment to be feasible for an estimated total project cost of $1.033,480.00 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover that: 1. The City Council hereby accepts the Feasibility Report for Project Nos. 08-2A & 08-2B, for the improvements. 2. The Council will consider the improvements in accordance with the report and the assessment of abutting property for all or a portion of the improvement pursuant to Minnesota Statutes Chapter 429 at an estimated total cost of the improvement of $ 1.033,480.00 3. A public hearing shall be held on such proposed improvement on the 15th day of Januarv. 2008 in the Council Chambers of the City Hall at 7:00 PM and the Clerk shall give mailed and published notice of such hearing and improvement as required by law. MOTION seconded by Councilmember Kniqht and adopted by the City Council at a reaular meeting this 18th day of December , 2007 , with Councilmembers Jacobson. Kniqht. Orttel. Gamache. Trude voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. ATTEST: ~~ a./b Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES_ NO. 166-07 MOTION by Councilmember Jacobson to adopt the following: A RESOLUTION RELATING TO FINANCING OF CERTAIN PROPOSED PROJECTS TO BE UNDERTAKEN BY THE CITY OF ANDOVER ESTABLISHING COMPLIANCE WITH REIMBURSEMENT BOND REGULATIONS UNDER THE INTERNAL REVENUE CODE. WHEREAS, the Intemal Revenue Service has issued Section 1.103-18 of the Income Tax Regulations (the "Regulations") dealing with the issuance of bonds, all or a portion of the proceeds of which are to be used to reimburse the City for project expenditures made by the City prior to the time of the issuance of the bonds; and WHEREAS, the Regulations generally require that the City make a prior declaration of its official intent to reimburse itself for such prior expenditures out of the proceeds of a subsequently issued borrowing, that the borrowing occur and the reimbursement allocation be made from the proceeds of such borrowing within one year of the payment of the expenditure or, if longer, within one year of the date the project is placed in service, and that the expenditure be a capital expenditure; and WHEREAS, the City desires to comply with requirements of the Regulations with respect to certain projects hereinafter identified; NOW THEREFORE BE IT RESOLVED that the City of Andover, Minnesota adopts a "declaration of official intent" pursuant to Section 1.103-18 of the Regulations. 1. Official Intent Declaration (a) The City proposes to undertake the following projects described on Exhibit A attached hereto. (b) Other than (i) expenditures to be paid or reimbursed from sources other than a borrowing or (ii) expenditures permitted to be reimbursed pursuant to the transition provision of Section 1.103-18(1 )(2) of the Regulations or (iii) expenditures constituting preliminary expenditures as defined in Section 1.103(1 )(2) of the Regulations, no expenditures for the foregoing projects as identified on Exhibit A have heretofore been made by the City and no expenditures will be made by the City until after the date of this Resolution_ (c) The City reasonably expects to reimburse the City expenditures made for costs of designated projects out of the proceeds of debt (the "Bonds") to be incurred by the City after the date of payment of all or a portion of the costs. All reimbursed expenditures shall be capital expenditures as defined in Section 1.150~1 (h) of the Regulations. (d) This declaration is a declaration of official intent adopted pursuant to Section 1.103-18 of the Regulations. 2_ Budqetarv Matters. As of the date hereof, there are no City funds reserved, allocated on a long-term basis or otherwise. set aside (or reasonably expected to be reserved, allocated on a long-term bases or otherwise set aside) to provide permanent financing for the expenditures related to the projects, other than pursuant to the issuance of the Bonds. This resolution, therefore, is determined to be consistent with the City's budgetary and financi l circumstances as they exist or are reasonably foreseeable on the date hereof, all within the meaning and content of the Regulations_ 3. Filino_ This resolution shall be filed within 30 days of its adoption in the publicly available official books and records of the City. This resolution shall be available for inspection at the office of the City Clerk at the City Hall (which is the main administrative office of the City) during normal business hours of the City on every business day until the date of issuance of the Bonds. 4. Reimbursement Allocations. The City's financial officer shall be responsible for making the "reimbursement allocations" described in the Regulations, being generally the transfer of the appropriate amount of proceeds of the Bonds to reimburse the source of temporary financing used by the City to make payment of the prior costs of the projects. Each allocation shall be evidenced by an entry on the official books and records of the City maintained for the Bonds, shall specifically identify the actual prior expenditure being reimbursed or, in the case reimbursement of a fund or account in accordance with Section 1.103-18, the fund or account from which the expenditure was paid, and shall be effective to relieve the proceeds of the Bonds from any restriction under the bond resolution or other relevant legal documents for the Bonds, and under any applicable state statute, which would apply to the unspent proceeds of the Bonds_ MOTION seconded by Councilmember Trude and adopted by the City Council of the City of Andover on this 4th day of December with Councilmembers Jacobson, Trude, Gamache, Knioht. Ortlel (absent) voting in favor of the resolution, and Council members none voting against, whereupon said resolution was passed. CITY OF ANDOVER ATTEST: ()~.w oJ-a Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 165-07 MOTION by Councilmember Jacobson to adopt the following: A RESOLUTION ORDERING PREPARATION OF A FEASIBILITY REPORT FOR THE IMPROVEMENT OF PROJECT NOS. 08-2A & 08-02B, 2008 OVERLAYS (08-2A. NORTHGLEN AREA & 08-2B, GROW OAK VIEW ESTATES). WHEREAS, the City Council of the City of Andover is cognizant of the need for the improvements, specifically Projects 08-2A & 08-02B, 2008 Overlavs (08-2A, NorthQlen Area & 08-2B, Grow Oak View Estates); and WHEREAS, the City Council proposes to assess the benefiting properties for all or a portion of the costs of the improvements, pursuant to Minnesota Statutes 429. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover that: 1. The City Council is cognizant of the need for improvements. 2. The proposed improvement is hereby referred to the Director of Public Works I City EnQineer and he is instructed to provide the City Council with a feasibility report. MOTION seconded by Councilmember Trude and adopted by the City Council at a reaular meeting this 4th day of December , 2007 ,with Councilmembers Jacobson, Kniaht. Ortlel (absent), Gamache, Trude voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: ~ /j/b Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 164-07 MOTION by Council member Jacobson to adopt the following: A RESOLUTION REJECTING THE FEASIBILITY REPORT AND TERMINATING PROJECT NO. 07-11 FOR THE IMPROVEMENT OF SANITARY SEWER & WATER MAIN IN THE AREA OF 14259 7TH AVENUE NW WHEREAS, the City Council had previously approved Project 07-11, 14259 7TH Avenue NW ; and WHEREAS, the property owner is not willing to move forward with the project at this time. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby reject the feasibility report and terminate Project 07-11, 14259 7TH Avenue NW. MOTION seconded by Councilmember Trude and adopted by the City Council at a reQular meeting this 4th day of December , 2007 , with Councilmembers Jacobson. KniQht. Orttel (absent). Gamache. Trude voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: /;~-' a~ /~A' . ..Ip-J Victoria Volk - City Clerk CITY OF ANDOVER 0 COUNTY OF ANOKA STATE OF MINNESOTA RES. NO, R163-07 A RESOLUTION APPROVING A VARIANCE TO REDUCE THE FRONT YARD SETBACK FROM 35 FEET TO 25 FEET IN THE SUBDIVISION KNOWN AS "WOODLAND ESTATES 3RD ADDITION", LEGALLY DESCRIBED AS: Woodland Estates 3rd Addition, Anoka County, Minnesota WHEREAS, the Planning Commission has reviewed the request to vary from City Code 12-3-4 to reduce the front yard setback for the subject subdivision from 35 feet to 25 feet, and; WHEREAS, the applicant has provided the following findings for the Planning Commission to consider: 1, The topography of the land: The subdivision slopes more than 30 feet from east to west, requiring four retaining walls to secure the housing pads. 2, Tree preservation: An existing line of trees along the east property line was preserved at the City's request. To accommodate this, a retaining wall along the east property line was moved 20 feet into the back yards of properties on Block 2. WHEREAS, after review the Planning Commission finds the hardship is valid and recommended 0 approval of the request, and; WHEREAS, the City Council has received the recommendation ofthe Planning Commission, and; NOW, THEREFORE, BE IT RESOLVED, that the City Council ofthe City of Andover approves the proposed variance request to reduce the front yard setback for the subdivision from 35 feet to 25 feet. Adopted by the City Council of the City of Andover on this 20th day of November, 2007. CITY OF ANDOVER ATTEST: rJ4V~ am Victoria V olk, City Clerk 0 CITY OF ANDOVER 0 COUNTY OF ANOKA STATE OF MINNESOTA RES, NO, R162-07 A RESOLUTION GRANTING THE CONDITIONAL USE PERMIT REQUEST OF NORTHERN NATURAL GAS TO ALLOW EXPANSION OFUTILITES AT 14800 PRAIRIE ROAD LEGALLY DESCRIBED ON EXHIBIT A WHEREAS, Northern Natural Gas has requested a conditional use permit to allow expansion of utilities on the subject property; and WHEREAS, the Planning Commission held a public hearing and has reviewed the request; and 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 ofthe City of Andover hereby agrees with the recommendation of the Planning and Zoning Commission and approves the conditional use permit to allow expansion of utilities on said property with the following conditions: 1. The improvements shall conform to the site plan dated June 27, 2007, 0 2. The applicant shall complete the process of acquiring the subject property prior to construction, 3, The applicant shall obtain a building permit from the City of Andover for the construction of the proposed building. 4. The exterior of the building shall have a brick fa<;:ade. 5, The applicant shall provide landscaping along the north and west sides of the proposed facility including an adequate number of evergreen trees, Additional appropriate screening shall be provided on the remaining sides as determined by ARC. 6, Northern Natural Gas agrees to allow the city to encroach upon the pipeline easement with a future parking lot. Adopted by the City Council of the City of Andover on this 20th day of November, 2007. CITY OF ANDOVER ATTEST: . '/ .::iu' U4 (~ -UJ-I . Victoria Volk, City Clerk 0 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO ]6]-07 A RESOLUTION ADOPTING THE CITY OF ANDOVER 2008-20]2 CAPITAL IMPROVEMENT PLAN. WHEREAS, the preparation and adoption of capita] improvement plans is recognized as sound financial practice; and WHEREAS, the City of Andover has the responsibility to appropriately and efficiently manage the public's funds; and WHEREAS, the City of Andover has the responsibility to appropriately and efficiently manage the public's infrastructure and equipment; and NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Andover hereby adopts the 2008-2012 City of Andover Capita] Improvement Plan. Adopted by the City of Andover this 20th day of November 2007. CITY OF ANDOVER ATTEST: {L;t;;v oLt '" Victoria V olk - City Clerk STATE OF MINNESOTA) COUNTY OF ANOKA) CITY OF ANDOVER) I, the undersigned, being the duly qualified and acting City Clerk of the City of Andover, Minnesota, do hereby certify that I have carefully compared the attached Resolution No. 161-07 adopting the City of Andover 2008-2012 Capital Improvement Plan with the original record thereof preserved in my office, and have found the same to be true and correct transcript of the whole thereof, IN TESTIMONY WHEREOF, I have hereunto subscribed my hand this 20th day of November 2007. iLt----w ttLb Victoria Yolk - City Clerk R162-07 Exhibit A CERTIFICATE OF SURVEY -FOR- ~Northern Natural Gas 0 That port of the Pork dedicated in the recorded plot of BARNE'S ROLLING OAKS 2ND ADDlllON, Anoko County, Minnesota, described os follows: Commencing at the northwest comer of said Pork; thence South 89 degrees 0.3 minutes 45 seconds East, bearings based on Anoka County, Minnesota coordinate grid s)lStem, along the most northeriy line of said pork 0 distance of 621,57 feet to the point of beginning of the land to be described; thence continuing South 89 degrees 0.3 minutes 45 seconds East, along said most northerly line of pork 0 distance of 107.19 feet to the most northeasterly corner of said pork; thence South 14 degrees 5.3 minutes 57 seconds East, along the easterly line of said pork 0 distance of 185.28 feet to 0 southeasterly comer of said pork: thence South 77 degrees 52 minutes 21 seconds West, along 0 southerly line of said pork 0 distance of .3.08 feet to the northeasterly corner of parcel per Document Number .352405; thence continuing South 77 degrees 52 minutes 21 seconds West, along the north line of said parcel per Document Number .352405 0 distance of 100.00 feet to the northwesterly comer of said parcel per Document Number .352405; thence North 14 degrees 5.3 minutes 57 seconds West, a distance of 209,54 feet to the point of beginning. TOGETHER WITH: A temporary easement for workspace purposes over, under and across that 0 port of the Pork dedicated in the recorded plat of BARNE'S ROLUNG OAKS 2ND ADDIllON, Anoka County, Minnesota, described os follows: Commencing at the northwest corner of said Park; thence South 89 degrees 03 minutes 45 seconds East, bearings based on Anoka County, Minnesota coordinate grid system. along the most northerly line of said pork, 0 distance of 600.82 feet to the point of beginning of said temporary workspace easement; thence South 14 degrees 5.3 minutes 57 seconds East, 0 distance of 214,59 feet; thence South 12 degrees 07 minutes .39 seconds East, 0 distance of 119.52 feet; thence North 77 degrees 52 minutes 21 seconds East, a distance of 128,95 feet to the east line of said pork; thence North 14 degrees 55 minutes 49 seconds West, along said east line of pork, 0 distance of 20.02 feet to 0 northeasterly corner of said pork: thence South 77 degrees 52 minutes 21 seconds West, along 0 northeriy line of said pork 0 distance of 7_98 feet to the southeasterly comer of said parcel per Document Number .352405; thence continuing South 77 degrees 52 minutes 21 seconds West, along the south line of said parcel per Document Number .352405, o distance of 100.00 feet to the southwesterly comer of said parcel per Document Number .352405; thence North 12 degrees 07 minutes .39 seconds West, along the west line per said parcel per Document Number .352405, a distance of 100,00 feet to the northwesterly comer per said parcel per Document Number .352405; thence North 14 degrees 5.3 minutes 57 seconds West, a distance of 209,54 feet to said most northerly line of park; thence North 89 degrees 0.3 minutes 45 seconds West, along said most northerly line of pork, 0 distance of 20,75 feet to the point of beginning. 0 ~rJorthern ~ EGAN, FIELD, & NOWAK, INC. EXHIBIT "A" Natural Gas E F "SURVE'fORS SINCE 187211 N. W. 1/4 SECllON 25, ~ 7415 WAYlATA aI-YO. MINNEAPOUS. /I11NNESOTAS5426 TOWNSHIP .32 N, RANGE 24 W, ALE NO, 01061873 N PHONE: (952) S4~e37 FAX; (S52l5A6-6839 ANOKA COUNTY, MINNESOTA WEB: EFNSURVEY.COM COPYRIGHT e 2007 By EGAN. F1aD &: NOWAK, INC. SHEET 2 OF 2 Ga59/01 EFN FILE NO. 6002 EFN PROJECT NO. J3:556 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA 0 RES. NO, 160-07 MOTION by Councilmember Jacobson to adopt the following: A RESOLUTION ADOPTING THE ASSESSMENT ROLL FOR PROJECT 06-20A, MEADOW CREEK CHRISTIAN SCHOOL TURN LANE IMPROVEMENTS. WHEREAS, pursuant to proper notice duly given as required by law, the City Council has met and heard and passed upon all objections to the proposed assessment for the improvements. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF ANDOVER, MINNESOTA: 1. Such proposed assessment, a copy of which is attached hereto and made part hereof, is hereby accepted and shall constitute the special assessment against the lands named therein, and each tract of land therein included is hereby found to be benefited by the proposed improvement in the amount of the assessment levied against it. 2. Such assessment shall be payable in equal annual installments, extending over a period of 8 years, the first of the installments to be payable on or before 0 the first Monday in January, 2008 and shall bear interest at a rate of 5.5 percent per annum from the date of the adoption of this assessment resolution. 3, The owners, of any property so assessed may, at any time prior to certification of the assessment to the County Auditor, pay the whole of the assessment on such property, with interest accrued to the date of payment, to the City Treasurer. MOTION seconded by Councilmember Kniqht and adopted by the City Council at a reqular meeting this 6th day of November , 2007 , with Councilmembers Jacobson. Ortlel. Kniqht. Gamache. Trude voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: 0 ~ ()rfL Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA 0 STATE OF MINNESOTA RES. NO. 159-07 MOTION by Councilmember Jacobson to adopt the following: A RESOLUTION ADOPTING THE ASSESSMENT ROLL FOR PROJECT 05-11 , TULIP STREET NW BETWEEN 161sT AVENUE NW AND VALLEY DRIVE NW. WHEREAS, pursuant to proper notice duly given as required by law, the City Council has met and heard and passed upon all objections to the proposed assessment for the improvements. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF ANDOVER, MINNESOTA: 1. Such proposed assessment, a copy of which is attached hereto and made part hereof, is hereby accepted and shall constitute the special assessment against the lands named therein, and each tract of land therein included is hereby found to be benefited by the proposed improvement in the amount of the assessment levied against it. 2. Such assessment shall be payable in equal annual installments, extending over a period of 8 years, the first of the installments to be payable on or before 0 the first Monday in January, 2008 and shall bear interest at a rate of 5.5 percent per annum from the date of the adoption of this assessment resolution. 3. The owners, of any property so assessed may, at any time prior to certification of the assessment to the County Auditor, pay the whole of the assessment on such property, with interest accrued to the date of payment, to the City Treasurer. MOTION seconded by Councilmember Kniqht and adopted by the City Council at a reqular meeting this 6th day of November ,2007 ,with Council members Jacobson. Orttel. Kniqht. Gamache. Trude voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: 0 !Jd, ~J.I {)"Ib Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA 0 RES, NO. 158-07 MOTION by Councilmember Jacobson to adopt the following: A RESOLUTION ADOPTING THE ASSESSMENT ROLL FORTHE IMPROVEMENT OF PROJECT 07-2,2007 OVERLAYS IN THE AREA OF WOODLAND RIDGE, INDIAN MEADOWS 3KLJ ADDITION & KELSEY ESTATES WHEREAS, pursuant to proper notice duly given as required by law, the City Council has met and heard and passed upon all objections to the proposed assessment for the improvements. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF ANDOVER, MINNESOTA: 1. Such proposed assessment, a copy of which is attached hereto and made part hereof, is hereby accepted and shall constitute the special assessment against the lands named therein, and each tract of land therein included is hereby found to be benefited by the proposed improvement in the amount of the assessment levied against it. 2. Such assessment shall be payable in equal annual installments, extending over a period of 8 years, the first of the installments to be payable on or before 0 the first Monday in January, 2008 and shall bear interest at a rate of 5.5 percent per annum from the date of the adoption of this assessment resolution. 3. The owners, of any property so assessed may, at any time prior to certification of the assessment to the County Auditor, pay the whole of the assessment on such property, with interest accrued to the date of payment, to the City Treasurer. MOTION seconded by Councilmember Kniqht and adopted by the City Council at a reqular meeting this 6th day of November ,2007 ,with Council members Jacobson, Orltel. Kniqht. Gamache, Trude voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: ~#~~ M)thael R. Gamache - Mayor 0 t1~7/;;~.J.i IJ~ Victoria Volk - City Clerk 0 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 157-07 A RESOLUTION ADOPTING THE ASSESSMENT ROLL FOR THE CERTIFICATION OF DELINQUENT SEWER, WATER, STORM SEWER, STREET LIGHTING CHARGES, FALSE ALARM FINES AND/OR MOWING FEES. WHEREAS, pursuant to a proper notice duly given as required by law, the council has met, heard and passed upon all objections to the proposed assessment for the delinquent sewer, water, storm sewer, street lighting charges, false alarm froes and/or mowing fees. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF ANDOVER, MINNESOTA: 1. Such proposed assessment, a copy of which is attached hereto and made part hereof, is hereby accepted and shall constitute the special assessment against the lands named therein, and 0 each tract of land therein included is hereby found to be benefited by the proposed improvement in the amount of the assessment levied against it. 2. Such assessment shall be payable in one annual installment on or before the first Monday of January, 2008 and shall bear interest at the rate of 8 percent per year, 3. The owners of any property so assessed may, at any time prior to certification of the assessment to the County Auditor, pay the whole of the assessment on such property with interest accrued to the date of payment, except that no interest shall be charged if the entire assessment is paid by November 30, 2007. Adopted by the City Council of the City of Andover on this 6th day of November, 2007. CITY OF ANDOVER ATTEST: LL~ /)4 Victoria V olk - City Clerk 0 0 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RESOLUTION NO. 156-07 A RESOLUTION APPROVING A PREMISES PERMIT FOR THE ANDOVER LIONS CLUB TO CONDUCT A PULL-TAB OPERATION AT ANDOVER LANES, 13633 MARTIN STREET NW, ANDOVER, MN. WHEREAS, the Andover Lions Club has submitted an application to the City of Andover for a premises permit to operate a charitable gambling operation at Andover Lanes, 13633 Martin Street NW, Andover, MN; and WHEREAS, per Minnesota Gambling Control Board requirements, a resolution must be adopted by the City Council within 60 days of receipt of the application, NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of 0 Andover, Anoka County, Minnesota, that a premises permit for charitable gambling for the Andover Lions Club is hereby approved subject to the terms outlined in City Code Title 5, Chapter 3. Adopted by the City Council of the City of Andover this 6th day of November. 2007. CITY OF ANDOVER Attest: ~q R cd~, 1:~ iji6hael R. Gamache - Mayor tl~ ()4 Victoria V olk - City Clerk 0 0 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RESOLUTION NO. 155-07 A RESOLUTION APPROVING A CONDITIONAL USE PERMIT FOR A KENNEL LICENSE REQUESTED BY MATT KEELING ON PROPERTY OWNED BY JAMES GLATT AT 1750 -l77TH AVENUE NW (PIN 03-32-24-42-0001), ANDOVER. MN. WHEREAS, Matt Keeling has requested a Conditional Use Permit for a residential kennel license on the property located at 1750 - 177tl1 Avenue NW; and WHEREAS, the appropriate license fee has been paid and the proper paperwork has been submitted. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Andover hereby approves a conditional use permit for a residential kennel license requested by Matt Keeling for the property located at 1750 - 177tl1 Avenue NW, 0 Andover, MN with the following conditions: 1. The kennel will be for a maximum of 7 dogs. 2. The kennel license shall be subject to annual renewal. Adopted by the City Council of the City of Andover this 6th day of November, 2007. CITY OF ANDOVER Attest: ~ U& Victoria V olk - City Clerk 0 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES, NO,154-07 A RESOLUTION APPROVING THE CONDITIONAL USE PERMIT REQUEST OF MINNCO CREDIT UNION FOR A DRIVE-THROUGH ON PROPERTY LOCATED AT 2121 STATION P ARKW A Y NW, LEGALLY DESCRIBED AS: Lot 2, Block 1, Andover Marketplace East 2nd Addition, Anoka County, Minnesota WHEREAS, Minnco Credit Union has requested a Conditional Use Permit for a drive-through; WHEREAS, the Planning and Zoning Commission has reviewed the request and has determined that said request meets the criteria of City Code; WHEREAS, the Planning and Zoning Commission finds the request would not have a detrimental effect upon the health, safety, and general welfare of the City of Andover, and; WHEREAS, the Planning and Zoning Commission recommends to the City Council approval of the Conditional Use Permit request; NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby agrees with the recommendation of the Planning and Zoning Commission and approves the Conditional Use Permit for a drive-through on said property with the following conditions: 1. The Conditional Use Permit shall be contingent upon approval of a Commercial Site Plan. 2. The site shall conform in all ways with the Andover City Code and Andover Station Design Guidelines, 3. The speakers shall be adjusted so that they cannot be heard from any neighboring residential property. 4. The Conditional Use Permit shall be subject to a sunset clause as per section 12-14-6-D of the Andover City Code, Adopted by the City Council ofthe City of Andover on this 6th day of November, 2007, CITY OF ANDOVER ATTEST: ~ t/Lt; Victoria V olk, City Clerk 0 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 153-07 MOTION by Councilmember Jacobson to adopt the following: A RESOLUTION APPROVING COMPENSATING CHANGE ORDER#1 TO PROJECT NO. 07-02,2007 Overlavs, WHEREAS, the City of Andover has a contract for Project No. 07-02 with Knife River Corporation of Sauk Rapids. MN NOW THEREFORE, BE IT RESOLVED by the City Council of Andover to hereby approve the change order to Project No. 07-02. Adopted by the City Council of the City of Andover this 6th day of November ,2007. 0 CITY OF ANDOVER ATTEST: ~~~r ~ !};/1.; Victoria Volk - City Clerk 0 - CITY OF ANDOVER 0 COUNTY OF ANOKA STATE OF MINNESOTA RES, NO, 152-07 MOTION by Councilmember Jacobson to adopt the following: A RESOLUTION ADOPTING THE ASSESSMENT ROLL FOR THE IMPROVEMENT OF SANITARY SEWER & WATER MAIN PROJECT NO, 07- 26.2766 _134TH LANE NW WHEREAS, the property owner has waived their right to a public hearing. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF ANDOVER, MINNESOTA: 1. Such proposed assessment, a copy of which is attached hereto and made part hereof, is hereby accepted and shall constitute the special assessment against the lands named therein, and each tract of land therein included is hereby found to be benefited by the proposed improvement in the amount of the assessment levied against it. 2. Such assessment shall be payable in equal annual installments, extending over a period of L years, the first of the installments to be payable on or before the 1 st Monday in January, 2008 and shall bear interest at a rate of 5,5 percent 0 per annum from the date of the adoption of this assessment resolution. 3. The owner of any property so assessed may, at any time prior to certification of the assessment or the first installment thereof to the county auditor, pay the whole of the assessment on such property, with interest accrued to the date of payment, to the municipal treasurer, except that no interest shall be charged if the entire assessment is paid within 30 days from the adoption thereof; and, except as hereinafter provided, the owner may at any time prior to November 15 of any year, prepay to the treasurer of the municipality having levied said assessments, the whole assessment remaining due with interest accrued to December 31 of the year in which said prepayment is made, MOTION seconded by Councilmember Orttel and adopted by the City Council at a reqular meeting this 6th day of November , 2007 , with Council members Jacobson. Orttel. Kniqht. Gamache. Trude voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER 0 ATTEST: /1 ~ Udb Victoria Volk - City Clerk - CITY OF ANDOVER 0 COUNTY OF ANOKA STATE OF MINNESOTA RES. NO, 151-07 MOTION by Council member Jacobson to adopt the following: A RESOLUTION ADOPTING THE ASSESSMENT ROLL FOR THE IMPROVEMENT OF SANITARY SEWER & WATER MAIN PROJECT NO. 07- 25,2756 _134TH LANE NW WHEREAS, the property owner has waived their right to a public hearing. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF ANDOVER, MINNESOTA: 3. Such proposed assessment, a copy of which is attached hereto and made part hereof, is hereby accepted and shall constitute the special assessment against the lands named therein, and each tract of land therein included is hereby found to be benefited by the proposed improvement in the amount of the assessment levied against it. 4. Such assessment shall be payable in equal annual installments, extending over a period of L years, the first of the installments to be payable on or before the 1 st Monday in January, 2008 and shall bear interest at a rate of 5,5 percent 0 per annum from the date of the adoption of this assessment resolution. 3. The owner of any property so assessed may, at any time prior to certification of the assessment or the first installment thereof to the county auditor, pay the whole of the assessment on such property, with interest accrued to the date of payment, to the municipal treasurer, except that no interest shall be charged if the entire assessment is paid within 30 days from the adoption thereof; and, except as hereinafter provided, the owner may at any time prior to November 15 of any year, prepay to the treasurer of the municipality having levied said assessments, the whole assessment remaining due with interest accrued to December 31 of the year in which said prepayment is made. MOTION seconded by Councilmember Ortlel and adopted by the City Council at a reqular meeting this 6th day of November , 2007 , with Council members Jacobson, Ortlel, Kniqht. Gamache, Trude voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER 0 ATTEST: ~ /)uIb Victoria Volk - City Clerk 0 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES, NO Res. R150-07 A RESOLUTION APPROVING THE FINAL PLAT OF "HICKORY MEADOWS" FOR PROPERTY LEGALLY DESCRIBED AS: DEED # 1269640 PROPERTY DESCRIPTION: All that part of the west 100,00 feet of Lot 4, "AUDITOR'S SUBDIVISION NO, 141, Anoka County, Minnesota, which lies north of the following described line: Commencing at the southeast comer of said Lot 4; thence North 00 degrees 29 minutes 17 seconds West (orientation of this bearing system is assumed), along the east line of said Lot 4, a distance of 1367,69 feet, to the point of beginning ofthe line to be described; thence South 79 degrees 46 minutes 33 seconds West, a distance of328.71 feet to the east line of said Lot 4 and said described line there terminating. This parcel is subject to the right of way of Andover Boulevard N,W. and other easements of record if any, DEED # 1551626 0 PROPERTY DESCRIPTION: That part ofthe West half of the Southeast Quarter of Section 25, Township 32, Range 24, Anoka County, Minnesota lying Southerly of the following described parcel described as follows: Beginning at the northeast comer of said West half of the Southeast Quarter; thence on an assumed bearing of South 89 degrees 49 minutes 11 seconds West, along the north line of said West half ofthe Southeast Quarter, a distance of 107,00 feet; thence south 00 degrees 27 minutes 57 seconds East, parallel to the east line of said West half of the Southeast Quarter, a distance of 1317,50 feet; thence North 67 degrees 28 minutes 54 seconds East a distance of 65.68 feet; thence North 80 degrees 09 minutes 37 seconds East a distance of 46.75 feet to a point on said east line distant 1284,69 feet south from said northeast comer thereof; thence North 00 degrees 27 minutes 57 seconds West, along said east line, a distance of 1284.69 feet to the point of beginning. Also known as part of Lot 2 and Lot 3, Auditor's Subdivision Number 141, according to the recorded plat thereof and situate in Anoka County, Minnesota, DEED # 1571355 PROPERTY DESCRIPTION: The tract or parcel ofland lying and being in the County of Anoka and State of Minnesota, 0 Described as follows, To-Wit: That part of the west 1/2 of the Southeast 1/4, Section 25, Township 32, Range 24, Anoka County, Minnesota, Described as follows: 0 Beginning at a point in the North line of said West 1/2 of the Southeast 1/4, Which point is 99 feet West of the Northeast comer thereof; Thence West along said North line a distance of 165 feet; thence South and parallel with the East line of said West 1/2 of the Southeast 1/4 to Coon Creek; thence easterly along the northerly Shore of Coon Creek to its intersection with a line drawn parallel with said east line from a point in the North line of said West 1/2 of the Southeast 1/499 feet West of the northeast comer thereof; thence North along said line to the point of beginning, EXCEPT the easterly 8 feet thereof, now known as Lot 2, AUDITOR'S SUBDIVISION NO. 141, EXCEPT the easterly 8 feet thereof, Subject to all easements, covenants, conditions, reservations, leases and restrictions of record, all legal highways, all rights of way, all zoning, building and other laws, ordinances and regulations, all rights oftenants in possession, and all real estate taxes and assessments not yet due and payable, DEED # 1753932 PROPERTY DESCRIPTION: Real property in Anoka County, Minnesota, Described as follows: That part ofthe East 257,50 feet of Lot 1, AUDITOR'S SUBDIVISION NUMBER 141, according to the recorded plat thereof, Anoka County, Minnesota, lying northerly of the following described line: Beginning at a point on the East line of said Lot 1 distant 1427.98 feet South of the northeast 0 comer thereof, for the purposes of this description said East line is assumed to bear South; thence South 57 degrees 58 minutes 57 seconds West a distance of 570,26 feet; thence westerly a distance of 364.52 feet along a tangential curve concave to the north having a radius of 500.00 feet and a central angle of 41 degrees 46 minutes 16 seconds; thence North 80 degrees 14 minutes 47 seconds West, Tangent to said curve, a distance of202.31 feet to a point onto the west line of said Lot 1 distance 1770.00 feet southerly of the northwest comer thereof, said line there terminating. Subject to restrictions, reservations, easements, covenants, oil, gas, or mineral rights of record, if any. DEED # 1299816 PROPERTY DESCRIPTION: The West 257,50 feet of the east 515.00 feet of Lot 1, AUDITOR'S SUBDIVISION NUMBER 141, Anoka County, Minnesota, lying northerly of the following described line: Beginning at a point on the east line of said Lot 1 distant 1427,98 feet south of the northeast comer thereof, for the purposes of this description said east line is assumed to bear South; thence South 57 degrees 58 minutes 57 seconds West a distance of 570.26 East; thence westerly a distance of 364.52 feet along a tangential curve concave to the north having a radius of 500.00 0 feet and a central angle of 41 degrees 46 minutes 16 seconds; thence North 80 degrees 14 minutes 47 seconds West, tangent to said curve, a distance of202,31 feet to a point on the west line of said Lot 1 distant 1770.00 feet southerly of the northwest comer thereof, said line there terminating, Subject to the right of way of County State Aid Highway NO, 16, 0 WHEREAS, the City Council has approved the preliminary plat of the project to be known as "Hickory Meadows"; and WHEREAS, the property owners have presented a final plat of Hickory Meadows; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby approve the final plat of Hickory Meadows contingent upon the following: 1. The plat shall conform to the final plat stamped received by the City of Andover October 10,2007 and shall be subject to all of the conditions of Preliminary Plat Resolution Rl16-06, 2. The developer shall provide a trail easement for the first 100 feet north of the centerline of Coon Creek through the entire plat on a separate document that can be recorded with Anoka County. 3, Contingent upon staff review and approval for compliance with City ordinances, policies and guidelines, 4, Such plat approval is contingent upon a development agreement acceptable to the City Attorney, A financial guarantee is required as a part ofthis agreement to assure all of the subdivision improvements will be completed. Adopted by the City Council of the City of Andover this 16th day of October, 2007. 0 CITY OF ANDOVER ATTEST: LLt-~ tiLL Victoria V olk, City Clerk 0 0 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RESOLUTION R149-07 A RESOLUTION APPROVING RENEWAL OF A PERMISES PERMIT FOR THE ANDOVER HUSKIES YOUTII HOCKEY ASSOCIATION TO CONDUCT LAWFUL GAMBLING AT TANNERS STATION, 13655 MARTIN STREET NW, ANDOVER, MINNESOTA. WHEREAS, the Andover Huskies Youth Hockey Association has submitted an application to the City of Andover for renewal of a premises permit to operate lawful gambling at Tanners Station, 13655 Martin Street NW, Andover, Minnesota; and WHEREAS, per Minnesota Gambling Control requirements a resolution must be adopted by the City Council approving said permit. 0 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover that renewal of a premises permit for lawful gambling conducted by the Andover Huskies Youth Hockey Association is hereby approved. Adopted by the City Council of the City of Andover this 16th day of October . 2007. CITY OF ANDOVER Attest: t.L.?t~Ud; Victoria V olk - City Clerk 0 0 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 148-07 MOTION by Councilmember Jacobson to adopt the following: A RESOLUTION ACCEPTING A DONATION OF TREES MADE TO THE CITY OF ANDOVER. WHEREAS, any donations that are to be made to the City of Andover must be accepted by the City Council; and WHEREAS, the donation from L & K Emmerich LLC of trees used on various city properties. NOW, THEREFORE BE IT RESOLVED by the City Council to hereby accept the donation. 0 MOTION seconded by Councilmember Trude and adopted by the City Council at a regular meeting this 16th day of October 2007, with Councilmembers Gamache. Ortlel, Trude. Kniqht. Jacobson voting in favor of the resolution, and Council members None voting against, whereupon said resolution was declared passed. CITY OF ANDOVER t / ATTEST: ~ .14 .~ u. Victoria Volk - City Clerk 0 0 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES, NO. 147-07 MOTION by Councilmember Jacobson to adopt the following: A RESOLUTION APPROVING COMPENSATING CHANGE ORDER #1 TO PROJECT NOS. 06-22 CROOKED LAKE BOAT LANDING. 07-09 TERRACE PARK. AND 07-181601H LANE NW CUL-DE-SAC. WHEREAS, the City of Andover has a contract for Project Nos. 06-22. 07-09. and 07-18 with Rum River Contractina of Mora. MN . NOW THEREFORE, BE IT RESOLVED by the City Council of Andover to hereby approve the change order to Project Nos. 06-22. 07-09. and 07-18, 0 Adopted by the City Council of the City of Andover this 16th day of October ,2007. CITY OF ANDOVER ATTEST: ael R. Gamache - Mayor /Li;;A.) ()dt Victoria Volk - City Clerk 0 0 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 146-07 MOTION by Councilmember Jacobson to adopt the following: A RESOLUTION TERMINATING PROJECT NO. 07-34 INTHE S Y2 OF SECTION 24/N Y2 OF SECTION 25 AREA. WHEREAS, the City Council had previously approved Project 07-34, in the S Y2 of Section 24/N Y2 of Section 25 Area; and WHEREAS, the property owner has requested the project be terminated. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby terminate Project 07-34, in the S Y2 of Section 24/N Y2 of Section 25 Area, MOTION seconded by Councilmember Trude and adopted by the City Council at a reqular meeting this 16th day of October ,2007 ,with Councilmembers Jacobson, Trude, Ortlel, Gamache, Kniqht voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: lLi:w U~ Victoria Volk - City Clerk 0 CITY OF ANDOVER 0 COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 145-07 MOTION by Councilmember Jacobson to adopt the following: A RESOLUTION FOR HEARING ON PROPOSED ASSESSMENT FOR PROJECT 07-2,2007 OVERLAYS IN THE AREA OF WOODLAND RIDGE, INDIAN MEADOWS 3KLJ ADDITION & KELSEY ESTATES WHEREAS, by a resolution passed by the City Council on Ovtober 2, 2007, the City Clerk was directed to prepare a proposed assessment of the cost of the improvement for Project No. 07-2, 2007 Overlavs WHEREAS, the City Clerk has notified the Council that such proposed assessment has been completed and filed in her office for public inspection. NOW, THEREFORE, BE IT RESOLVED by the City Council of Andover, Minnesota: 1. A hearing shall be held the 6th day of November , 2007 , in the City Hall at 0 8:01 PM to pass upon such proposed assessment and at such time and place all persons owning property affected by such improvements will be given an opportunity to be heard with reference to such assessment. 2. The City Clerk is hereby directed to cause a notice of the hearing on the proposed assessment to be published once in the official newspaper at least two weeks prior to the hearing, and she shall state in the notice the total cost of improvement. She shall also cause mailed notice to be given to the owner of each parcel described in the assessment roll not less than two weeks prior to the hearings. MOTION seconded by Councilmember Trude and adopted by the City Council at a reoular meeting this 16th day of October , 2007 , with Councilmembers Jacobson, Trude, Orttel, Gamache, Knioht voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER 0 ATTEST: {L;;6;-iA~ () rIt Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA 0 STATE OF MINNESOTA RES. NO. 144-07 MOTION by Councilmember Jacobson to adopt the following: A RESOLUTION DECLARING COST AND DIRECTING PREPARATION OF ASSESSMENT ROLL FOR THE IMPROVEMENT OF SANITARY SEWER & WATER MAIN ,FOR PROJECT NO. 07-26.2766 _1341H LANE NW THE CITY COUNCIL OF THE CITY OF ANDOVER HEREBY RESOLVES: WHEREAS, the expenses incurred or to be incurred in the making of such improvement amount to $ 4.316.27 so that the total cost of the improvement will be $ 16.997.75 . 5. 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 $ 16.997.75 6. Assessments shall be payable in equal annual installments extending over a period of ~ years. The first of the installments to be payable on or before the 1 st Monday in January 2008 ,and shall bear interest at the rate of 5.5 percent per annum from the date of the adoption of the assessment resolution. 0 7. 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. 8. The Clerk shall, upon the completion of such proposed assessment, notify the Council thereof. MOTION seconded by Councilmember Trude and adopted by the City Council at a reoular meeting this 16th day of October ,2007, with Councilmembers Jacobson. Trude. Orttel. Gamache. Knioht voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: chael R. Gamache - Mayor 0 (1~~ a./t Victoria Volk - City Clerk CITY OF ANDOVER 0 COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 143-07 MOTION by Councilmember Jacobson to adopt the following: A RESOLUTION DECLARING COST AND DIRECTING PREPARATION OF ASSESSMENT ROLL FOR THE IMPROVEMENT OF SANITARY SEWER & WATER MAIN ,FOR PROJECT NO. 07-25,2756 _1341H LANE NW THE CITY COUNCIL OF THE CITY OF ANDOVER HEREBY RESOLVES: WHEREAS, the expenses incurred or to be incurred in the making of such improvement amount to $ 5.184.06 so that the total cost of the improvement will be$ 27.856.64 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 $ 27.856.64 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 0 percent per annum from the date of the adoption of the assessment resolution. 3. The City Clerk, with the assistance of the City Engineer shall forthwith calculate the proper amount to be specially assessed for such improvement against every assessable lot, piece or parcel of land within the district affected, without regard to cash valuation, as provided by law, and she shall file a copy of such proposed assessment in her office for public inspection. 4. The Clerk shall, upon the completion of such proposed assessment, notify the Council thereof. MOTION seconded by Councilmember Trude and adopted by the -City Council at a reoular meeting this 16th day of October ,2007, with Councilmembers Jacobson. Trude. Orttel. Gamache. Knioht voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: 0 f1 <Z-~ ora Victoria Volk - City Clerk 0 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES, NO R142-07 A RESOLUTION APPROVING THE PRELIMINARY PLAT OF "WOODLAND HILLS" FOR SELECT COMPANIES, INC. LOCATED AT 17404 WARD LAKE DRIVE AND LEGALLY DESCRIBED ON EXHIBIT A WHEREAS, the Andover Review Committee has reviewed the preliminary plat; and WHEREAS, pursuant to published and mailed notice thereof, the Planning and Zoning Commission has conducted a public hearing on said plat; and WHEREAS, the applicant has petitioned to vary from City Code 11-3-3G, to allow I 74th Lane NW to terminate in a cul-de-sac that exceeds 500 feet length; and WHEREAS, the Planning Commission finds that the temporary cul-de-sac for Zilla Street NW provides potential for a second access in the future and no other options for a second access exist due to the location of floodplain and wetlands surrounding the proposed plat; and 0 WHEREAS, the city has directed that applicant to extend 174th Lane NW to the south property line to allow a street connection to the property to the south pursuant to City Code 11-3-2B; and WHEREAS, as a result of the street extension variances are needed to the minimum lot size requirements of City Code 12-3-5 to allow Lot(s) 1 & 2, Block 1 to be less than 2.5 acres in size; and WHEREAS the Planning Commission finds that the requested street connection causes the need for the variances; and WHEREAS, as a result of such public hearing, the Planning and Zoning Commission recommends to the City Council the approval of the plat; and NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover has received the recommendation of the Planning and Zoning Commission and approves the preliminary plat with variances subject to the following conditions: 1, The Preliminary Plat shall conform to the plans stamped received by the City of Andover September 6,2007, except as follows: a. The developer shall extend 174th Lane NW to the south end of the property and provide a 0 temporary cul-de-sac to accommodate the potential two lots on the adjacent property at the south edge of the plat. b, A temporary cul-de-sac easement shall be provided on a separate document for this cul- de-sac, 0 c, The developer shall revise the plan set to address the comments of the Engineering Department and TKDA. 2. Variances to the 2,5 acre minimum lot size requirement are granted for Lot(s) 1 & 2, Block 1 to allow 174th Lane NW to be extended to the south property line, 3. A variance to the maximum cul-de-sac length of City Code 11-3-3G, is granted for 174th Lane NW. 4. The developer shall pay $15,985, which is the estimated cost of extending Zilla Street NW to the north edge of the plat to allow a second access to be provided to the proposed development in the future. 5. The developer shall obtain all necessary permits from the MPCA and any other agency that may be interested in the site, 6. Park dedication and trail fees shall be paid on a per unit basis as established by the City Code for each of the lots in the proposed development. Rate increases shall be subject to state statute. 7. The applicant shall pay the total cost of road improvements to Ward Lake Drive from the 0 existing pavement through the 1 74th Lane intersection. A reimbursement agreement shall be entered into between the developer and the City to refund the developer for 3/7th of the Ward Lake Drive improvements when the property to the south develops, 8. Contingent upon a development agreement acceptable to the City Attorney. A financial guarantee will be required as a part of this agreement to assure required subdivision improvements will be completed, Adopted by the City Council of the City of Andover this 2nd day of October, 2007, CITY OF ANDOVER ATTEST: t.LJ;;;~ u'rt6 Victoria V olk, City Clerk 0 0 EXHlBIT A WOODLAND IDLLS Prelimin!lry Plat Resolution LEGAL DESCRIPTION: That part of the SW 1/4 of the SW 1/4 of Section 2, Township 32, Range 24, described as follows: Commencing at the Southwest comer of said So!Jtheast Quarter of the Southwest Quarter of said Section 2; thence North along the quarter line 890 feet more or less to the centerline of a ditch, which ditch is more particularly as follows: Commencing at a point 4S9.3Sfeet North of Southwest comer of the of the Southwest auarterof Section 2; thence deflect right 920S1'16", a distance of 278.13 feet; thence ~eflect left 20022'30" a distance of 189.93 feet; thence deflect left 30017', a distance of 199.32 feet; thence deflect left 22044'40" a distance of 627.73 feet; thence deflect right 3s050' a distance of 362.40 feet; thence deflect left 16044' a distance of 137.45 feet, more or less, to Town Road; thence along the aforedescribed ditch to its intersection with the centerline of War.d Lake Road as now laid out 0 and established; thence Southeasterly along said center1ine of said road to a point, which point is 66 feet from the intersection of said road and the East line of said Southeast Quarter of Southwest Quarter, said distance being measured along the centerline of said road; thence in a straight line SouthwesterlY to the point of beginning. Reserving, however, to the parties of the first pan an easement for road purposes over that part of the above described property lying south of a line drawn parallel with and 20 feet North of the South line of said Southeast Quarter of Southwest Quarter of Section 2, Township 32, Range 24, Anol<a County, Minnesota 0 , - 0 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES, NO. R141-07 A RESOLUTION APPROVING THE CONDITIONAL USE PERMIT REQUEST OF RICK LINDQUIST FOR OUTDOOR STORAGE IN THE INDUSTRIAL ZONING DISTRICT ON PROPERTY LOCATED AT 3118 1620d LANE NW, (PIN 16-32-24-23-0023) LEGALLY DESCRIBED AS: The east 250 feet ofthe west 650 feet ofthe south 433 feet ofthe north 2184.99 feet ofthe west 1/2 of the northwest 1/4 of Section 16, Township, 32 Range 24, except road, subject to easements of record. WHEREAS, Rick Lindquist has requested a Conditional Use Permit for retail trade and services in the industrial zoning district, and; WHEREAS, the Planning and Zoning Commission has reviewed the request and has determined that said request meets the criteria of City Code, and; WHEREAS, the Planning and Zoning Commission finds the request would not have a 0 detrimental effect upon the health, safety, and general welfare of the City of Andover, and; WHEREAS, the Planning and Zoning Commission recommends to the City Council approval of the Conditional Use Permit request; NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby agrees with the recommendation of the Planning and Zoning Commission and approves the Conditional Use Permit for retail trade and service in the industrial zoning district on said property with the following conditions: 1. Based on City Code 12-13-23: Interim Performance Standards, the following site improvements, as determined by the City Council, shall be made: a. Painting of the exterior of the building, b, Paving of the driveway and front parking lot. c, Striping of the front parking lot. d, Landscaping in the front of the building, in conformance with an approved landscaping plan, e. Dust control measures used in the rear storage yard, f. Construction of a new fence to screen the rear storage yard from 1620d Lane. g, Removal of the radio tower on the front of the building, 2, All dumpsters stored on the site shall be screened from view from adjacent properties, 3, No dumpster or material shall be stacked above the fence line. 0 4, A maximum of 13 dumpster shall be allowed on the site, 5, Dumpsters with material in them shall not be stored on the site longer than 3 days. C 6. Dumpsters with material in them shall be covered at all times, 7, These improvements shall be completed by July 1, 2008 or the Conditional Use Permit shall be revoked. 8. The Conditional Use Permit shall be subject to a sunset clause as per section 12-14-6-D of the Andover City Code. Adopted by the City Council of the City of Andover on this 2nd day of October 2007. CITY OF ANDOVER ATTEST: ~ !J~ Victoria V olk, City Clerk 0 0 0 Exhibit A PARCEL C2 That part of the Northeast Qua..-ter of the Southwest Quarter of Section 35, Township 32, Range 24, Anoka County, Minnesota, described as follows: Commencing at the most easterly comer of Parcel 45, ANOKA C01JNTY IDGHW A Y RIGHT-OF-WAY PLAT NO. 68, AnokaCounty, Minnesota; thence South 82 degrees 51 minutes 48 seconds West, bearing assumed. along the southeasterly line of said Parcel 45, a distance of 112.34 feet to the point of beginning of the land to be described; thence continue South 82 degrees 51 minutes 48 seconds West; along said southeasterly line, 66.12 feet; thence South 10 degrees 34 minutes 54 seconds East 75.99 feet; thence North 88 degrees 54 minutes 41 seconds West 92.03 feet; thence South 01 degrees 05 minutes 19 seconds West 626.00 feet; thence South g8 degrees 54 minutes 41 seconds East 380.00 feet; thence North 01 degrees 05 minutes 19 seconds East 626.00 feet; thence North 88 degrees 54 minutes 41 seconds West 220.58 feet to the intersection 'with a line bearing South 10 degrees 34 minutes 54 seconds East from the point of beginning; thence North 10 degrees 34 minutes 54 seConds West 85.65 feet to the point of beginning. Containing 5.58 acres, more or less. Part ofPJ.N. 35-32-24-31-0001 0 0 CITY OF ANDOVER 0 COUNTY OF ANOKA STATE OF MINNESOTA RES. NO, R140-07 A RESOLUTION APPROVING THE LOT SPLIT REQUEST FOR RIVERDALE ASSEMBLY OF GOD CHURCH TO SUBDIVIDE INTO TWO PARCELS PROPERTY LOCATED AT 3210 BUNKER LAKE BOULEVARD NW (32-32-24-41-0002) LEGALLY AND DESCRIBED AS: The East 495,00 feet as measured along the north and south lines ofthe Northeast Quarter of the Southeast Quarter of Section 32, Township 32, Range 24, Anoka County, Minnesota. To be divided into properties to be described as; PARCEL A: That part of the East 495 feet as measured along the north and south lines of the Northeast Quarter of the Southeast Quarter of Section 32, Township 32, Range 24, Anoka County, Minnesota described as follows: Beginning at the northeast corner of said Northeast Quarter of the Southeast Quarter; thence North 89 degrees 33 minutes 06 seconds West, assumed bearing, along the north line of said Northeast Quarter ofthe Southeast Quarter a distance of 390.00 feet; thence South 00 degrees 27 0 minutes 00 seconds West a distance of 120,00 feet; thence southwesterly a distance of90,96 feet along a tangential curve, concave to the west, having a radius of 180,00 feet and a central angle of28 degrees 57 minutes 18 seconds; thence South 29 degrees 24 minutes 18 seconds West tangent to last described curve a distance of 46.48 feet; thence South 89 degrees 33 minutes 00 seconds East a distance of 152,00 feet; thence South 00 degrees 27 minutes 00 seconds West a distance of 65.00 feet; thence South 89 degrees 33 minutes 00 seconds East a distance of 200,00 feet; thence South 00 degrees 27 minutes 00 seconds West a distance of 40.00 feet; thence South 89 degrees 33 minutes 00 seconds East a distance of 83.00 feet to the east line of said Northeast Quarter of the Southeast Quarter; thence North 00 degrees 27 minutes 00 seconds East along said east line a distance of 698.89 feet to the point of beginning, Anoka County, Minnesota. PARCEL B: That part of the East 495 feet as measured along the north and south lines of the Northeast Quarter of the Southeast Quarter of Section 32, Township 32, Range 24, Anoka County, Minnesota described as follows Commencing at the northeast corner of said Northeast Quarter of the Southeast Quarter; thence North 89 degrees 33 minutes 06 seconds West assumed bearing, along the north line of said Northeast Quarter ofthe Southeast Quarter a distance of 390,00 feet to the point of beginning; thence South 00 degrees 27 minutes 00 seconds West a distance of 120.00 feet; thence southwesterly a distance of90,96 feet along a tangential curve, concave to the west, having a radius of 180,00 feet and a central angle of28 degrees 57 minutes 18 seconds; thence South 29 degrees 24 minutes 18 seconds West tangent to last described curve a distance of 46.48 feet; 0 thence South 00 degrees 27 minutes 00 seconds West a distance of 346.07 feet; thence South 89 degrees 33 minutes 00 seconds East a distance of 152.00 feet; thence South 00 degrees 27 minutes 00 seconds West a distance for 65,00 feet; thence South 89 degrees 33 minutes 00 seconds East a distance or 200,00 feet; thence South 00 degrees 27 minutes 00 seconds West a 0 distance of 40,00 feet; thence South 89 degrees 33 minutes 00 seconds East a distance or 83,00 feet to the east line of said Northeast Quarter ofthe Southeast Quarter; thence South 00 degrees 27 minutes 00 seconds West along said east line a distance of618.73 feet to the southeast comer of said East 495 feet of the Northeast Quarter ofthe Southeast Quarter; thence North 89 degrees 40 minutes 47 seconds West along the south line of said Northeast Quarter of the Southeast Quarter a distance of 450,00 feet to the southwest comer of said east 495 feet of the Northeast Quarter of the Southeast Quarter; thence North 00 degrees 27 minutes 00 seconds East along the west line of said East 459,00 feet a distance of 1318.73 feet to the northwest comer of said East 495.00 feet; thence south 89 degrees 33 minutes 06 seconds East along the north line off said Northeast Quarter of the Southeast Quarter a distance of 105,00 feet to the point of beginning" Anoka County, Minnesota. WHEREAS, the applicant has requested approval of a lot split to subdivide property pursuant to City Code Title 13 Chapter 1, located at 3210 Bunker Lake Blvd NW, and; WHEREAS, the Planning and Zoning Commission has reviewed the request and has determined that said request meets the criteria of City Code Title 13 Chapter 1; WHEREAS, the Planning and Zoning Commission finds the request would not have a detrimental effect upon the health, safety, morals and general welfare of the City of Andover, and; 0 WHEREAS, a public hearing was held pursuant to state statutes, and; WHERAS, the applicant has requested that the park fee be waived, and: WHEREAS, the City Council has reviewed the request to waive the park fee and determined that park facilities are on the site, accessible by the public, and the benefit provided is greater than the potential park fee, and; WHEREAS, the Planning and Zoning Commission recommends to the City Council approval of the lot split as requested, and; NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby agrees with the recommendation of the Planning and Zoning Commission and approves the lot split on said property with the following conditions: 1, A cross-access agreement shall be recorded with Anoka County to give the Riverdale Assembly of God Church permission to use the driveway on Parcel B in perpetuity. The applicant shall provide the city with a copy of this agreement. 2. The applicant shall be required to pay a Trail fee in the amount of $612. 3, The applicant shall not be required to pay a Park Dedication fee in the amount of 0 $5,030, 4. The applicant shall record the lot split with Anoka County, 0 5, The new deeds for the property shall contain the legal descriptions included in this resolution, 6, That the lot split be subject to a sunset clause as defined in City Code Title 13 Chapter 1. Adopted by the City Council ofthe City of Andover on this 2nd day of October, 2007, CITY OF ANDOVER ATTEST: {Lr~ ()~ Victoria V olk, City Clerk 0 0 0 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 139-07 A RESOLUTION DEFERRING ASSESSMENTS FOR INTERSECTION IMPROVEMENTS FOR 161ST AVENUE NW & CRANE STREET NW (WHITE PINE WILDERNESS), PROJECT NO. 06-37. The assessments for the properties described as PIN 14-32-24-23-0004 (Olmscheid property) and PIN 14-32-24-23-0006 (Rischer property) are to be deferred until one of the following occurs: 1. The assessment value be increased 5.5% annually. 2. The assessment is to be paid when one or more of the following occurs: a. Division of the parcel by metes and bounds description or platting; b. Sale of the property; or c. Death of the last person who had an ownership interest in the property at the time of the resolution approving the deferral. 0 d. October 2,2017 All assessments that lose their deferral under #2 above shall be payable in equal installments of principal and interest over an 8 year period. Adopted by the City Council of the City of Andover this 2nd day of October , 2007. CITY OF ANDOVER Attest: !1~A~) OL/! Victoria Volk - City Clerk 0 CITY OF ANDOVER COUNTY OF ANOKA 0 STATE OF MINNESOTA RES. NO. 138-07 MOTION by Councilmember Jacobson to adopt the following: A RESOLUTION ADOPTING THE ASSESSMENT ROLL FOR INTERSECTION IMPROVEMENTS FOR 161ST AVENUE NW & CRANE STREET NW (WHITE PINE WILDERNESS), PROJECT NO. 06-37. WHEREAS, pursuant to proper notice duly given as required by law, the City Council has met and heard and passed upon all objections to the proposed assessment for the improvements. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF ANDOVER, MINNESOTA: 1. Such proposed assessment, a copy of which is attached hereto and made part hereof, is hereby accepted and shall constitute the special assessment against the lands named therein, and each tract of land therein included is hereby found to be benefited by the proposed improvement in the amount of the assessment levied against it. 2. Such assessment shall be payable in equal annual installments, extending over 0 a period of 8 years, the first of the installments to be payable on or before the first Monday in January, 2008 and shall bear interest at a rate of 5.5 percent per annum from the date of the adoption of this assessment resolution. 3. The owners, of any property so assessed may, at any time prior to certification of the assessment to the County Auditor, pay the whole of the assessment on such property, with interest accrued to the date of payment, to the City Treasurer. MOTION seconded by Councilmember Trude and adopted by the City Council at a reqular meeting this 2nd day of October ,2007 ,with Councilmembers Jacobson, Trude. Orttel. Gamache. Kniqht (absent) voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER 0 ATTEST: {];;t;.-l !J~ Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA 0 RES. NO 137-07 MOTION by Councilmember Jacobson to adopt the following: A RESOLUTION DECLARING COST, DIRECTING PREPARATION OF ASSESSMENT ROLL AND SCHEDULING PUBLIC HEARING FOR THE CERTIFICATION OF DELINQUENT UTILITY SERVICES CHARGES, MOWING FEES AND FALSE ALARM FINES THE CITY COUNCIL OF THE CITY OF ANDOVER HEREBY RESOLVES: WHEREAS, delinquent utility service charges, mowing fees and false alarm fines in the amount of$51,127.89 exist as of September 25, 2007; and WHEREAS, City Code Chapter 3, 10-3-3D; City Code Chapter 1, 10-1-9F; and City Code Chapter 5, 8-5-3D provide for the collection by assessment of unpaid water, sewer, storm sewer, street light service charges, mowing fees and false alarm fines respectively. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF ANDOVER, MINNESOTA: 1. The amount of the cost to be assessed against benefited property owners is declared to be $51,127.89 plus an administrative fee of 15%. 0 2. Assessment shall be payable in equal annual installments extending over a period of 1 year. The first of the installments to be payable on or before the first Monday in January 2008, and shall bear interest at the rate of 8 percent per annum from the date of the adoption of the assessment resolution. 3. The City Clerk, with the assistance of the Finance Director shall forthwith calculate the proper amount to be assessed against every assessable lot, piece or parcel of land, without regard to cash valuation, as provided by law, and the Clerk shall file a copy of such proposed assessment in the Clerk's office for public inspection. 1. The Clerk shall, upon the completion of such proposed assessment, notify the Council thereof. BE IT FURTHER RESOLVED BY THE CITY COUNCIL; 1. A hearing shall be held the 6th day of November, 2007 at the Andover City Hall at 8:01 P.M. to pass upon such proposed assessment and at such time and place all persons affected by such proposed assessment will be given an opportunity to be heard with reference to such assessment. 2. The City Clerk is hereby directed to cause a notice of hearing on the proposed assessment to be published once in the official newspaper at least two weeks prior to 0 the hearing. 3. The owner of any property so assessed may at any time prior to certification of the assessment to the County Auditor, pay the whole assessment with no interest. 0 MOTION seconded by Councilmember Trude and adopted by the City Council at a regular meeting this 2nd day of October, 2007, with Councilmembers OrtteL Trude. Gamache. Jacobson.. Knight (absent) voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: ~. (Jr/b ~ Victoria V olk - City Clerk 0 0 CITY OF ANDOVER 0 COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 136-07 RESOLUTION AMENDING THE JOINT POWERS AGREEMENT FOR THE CREATION OF THE LOWER RUM RIVER WATERSHED MANAGEMENT ORGANIZATION AND RATIFYING THE ACTS THEREOF WHEREAS, the City of Andover (the "City") is party to a joint powers agreement, effective September 5, 1995, entitled JOINT AND COOPERATIVE AGREEMENT FOR THE ESTABLISHMENT OF THE LOWER RUM RIVER WATERSHED MANAGEMENT ORGANIZATION TO PLAN, CONTROL AND PROVIDE FOR THE DEVELOPMENT OF THE LOWER RUM RIVER WATERSHED (the "Joint Powers Agreemenf'); and WHEREAS, the Joint Powers Agreement provided for the establishment of the Lower Rum River Watershed Management Commission (the "Commission"), a watershed management organization pursuant to and in accordance with the Metropolitan Surface Water Management Act, Minn. Stat. ~ 103B.201 et seq., and Minn. Stat. ~ 471.59; and WHEREAS, the Joint Powers Agreement expired by its terms on January 1, 2005; and WHEREAS, the Commission has continued to act and exercise its powers and duties, notwithstanding the expiration of the Joint Powers Agreement; and 0 WHEREAS, it has been and is the intent of the City that the Commission continue to act as a watershed management organization for the Lower Rum River watershed and will continue to do so in the future; and WHEREAS, the City has been presented with a proposed amendment to the Joint Powers Agreement, extending the term thereof to January 1, 2015 (the "Amendmenf'); and WHEREAS, the City Council has determined that extending the term of the Joint Powers Agreement and the ratification of all acts of the Commission from January 1, 2005 to the effective date of the Amendment is reasonable, prudent, and in the best interest of the public. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover, Minnesota, as follows: 1. The Amendment to the Joint Powers Agreement is approved and the Mayor and Clerk are authorized and directed to execute and deliver a copy of the Amendment to the Secretary of the Commission. The Clerk is directed to forward a certified copy of this resolution to the Secretary of the Commission. 2. All acts of the Commission from January 1, 2005 to the effective date of the Amendment to the Joint Powers Agreement are approved, confirmed and ratified in all respects. Adopted by the City Council of the City of Andover this 2nd day of October, 2007. 0 ATTEST: lJ.~ (J~ Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA 0 STATE OF MINNESOTA RES. NO. 135-07 MOTION by Councilmember Jacobson to adopt the following: A RESOLUTION FOR HEARING ON PROPOSED ASSESSMENT FOR PROJECT 06-20A, MEADOW CREEK CHRISTIAN SCHOOL TURN LANE IMPROVEMENTS. WHEREAS, by a resolution passed by the City Council on September 18, 2007, the City Clerk was directed to prepare a proposed assessment of the cost of the improvement for Project No. 06-20A, Meadow Creek Christian School Turn Lane Improvements. WHEREAS, the City Clerk has notified the Council that such proposed assessment has been completed and filed in her office for public inspection. NOW, THEREFORE, BE IT RESOLVED by the City Council of Andover, Minnesota: 1. A hearing shall be held the 6th day of November ,2007 ,in the City Hall at _ 8:01 PM to pass upon such proposed assessment and at such time and place all 0 persons owning property affected by such improvements will be given an opportunity to be heard with reference to such assessment. 2. The City Clerk is hereby directed to cause a notice of the hearing on the proposed assessment to be published once in the official newspaper at least two weeks prior to the hearing, and she shall state in the notice the total cost of improvement. She shall also cause mailed notice to be given to the owner of each parcel described in the assessment roll not less than two weeks prior to the hearings. MOTION seconded by Councilmember Trude and adopted by the City Council at a reoular meeting this 2nd day of October , 2007 , with Councilmembers Jacobson. Trude. Orttel. Gamache. Knioht (absent) voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: 0 ~ ().dJ; Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA 0 STATE OF MINNESOTA RES. NO. 134-07 MOTION by Councilmember Jacobson to adopt the following: A RESOLUTION FOR HEARING ON PROPOSED ASSESSMENT FOR PROJECT 05-11 ,TULIP STREET NW BETWEEN 161sT AVENUE NW AND VALLEY DRIVE NW. WHEREAS, by a resolution passed by the City Council on September 18. 2007, the City Clerk was directed to prepare a proposed assessment of the cost of the improvement for Project No. 05-11, Tulip Street NW between 161st Avenue NW & Vallev Drive NW. WHEREAS, the City Clerk has notified the Council that such proposed assessment has been completed and filed in her office for public inspection. NOW, THEREFORE, BE IT RESOLVED by the City Council of Andover, Minnesota: 1. A hearing shall be held the 6th day of November ,2007 ,in the City Hall at _ 0 8:01 PM to pass upon such proposed assessment and at such time and place all persons owning property affected by such improvements will be given an opportunity to be heard with reference to such assessment. 2. The City Clerk is hereby directed to cause a notice of the hearing on the proposed assessment to be published once in the official newspaper at least two weeks prior to the hearing, and she shall state in the notice the total cost of improvement. She shall also cause mailed notice to be given to the owner of each parcel described in the assessment roll not less than two weeks prior to the hearings. MOTION seconded by Council member Trude and adopted by the City Council at a reoular meeting this 2nd day of October , 2007 , with Councilmembers Jacobson. Trude. Orttel. Gamache. Kniqht (absent) voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER 0 ATTEST: ~ ()~ Victoria Volk - City Clerk - CITY OF ANDOVER 0 COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 133-07 MOTION by Councilmember Jacobson to adopt the following: A RESOLUTION ADOPTING THE ASSESSMENT ROLL FOR THE IMPROVEMENT OF SANITARY SEWER & WATER MAIN IN THE FOLLOWING AREA OF 14124 CROSSTOWN BOULEVARD NW, PROJECT 07-27. WHEREAS, the property owner has waived their right to a public hearing. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF ANDOVER, MINNESOTA: 1. Such proposed assessment, a copy of which is attached hereto and made part hereof, is hereby accepted and shall constitute the special assessment against the lands named therein, and each tract of land therein included is hereby found to be benefited by the proposed improvement in the amount of the assessment levied against it. 2. Such assessment shall be payable in equal annual installments, extending over a period of L years, the first of the installments to be payable on or before the 1 st 0 Monday in January, 2008 and shall bear interest at a rate of 5.5 percent per annum from the date of the adoption of this assessment resolution. 3. The owner of any property so assessed may, at any time prior to certification of the assessment or the first installment thereof to the county auditor, pay the whole of the assessment on such property, with interest accrued to the date of payment, to the municipal treasurer, except that no interest shall be charged if the entire assessment is paid within 30 days from the adoption thereof; and, except as hereinafter provided, the owner may at any time prior to November 15 of any year, prepay to the treasurer of the municipality having levied said assessments, the whole assessment remaining due with interest accrued to December 31 of the year in which said prepayment is made. MOTION seconded by Councilmember Trude and adopted by the City Council at a reqular meeting this 2nd day of October , 2007 , with Councilmembers Jacobson. Trude. Orttel, Gamache, Kniqht (absent) voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER 0 ATTEST: a:;t,~~J U".tP Victoria Volk - City Clerk CITY OF ANDOVER Q COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 132-07 MOTION by Councilmember Jacobson to adopt the following: A RESOLUTION DECLARING COSTS AND DIRECTING PREPARATION OF ASSESSMENT ROLL FOR THE IMPROVEMENT OF PROJECT 07-2.2007 OVERLAYS IN THE AREA OF WOODLAND RIDGE. INDIAN MEADOWS 3KD ADDITION & KELSEY ESTATES . .THE CITY COUNCIL OF THE CITY OF ANDOVER HEREBY RESOLVES: WHEREAS, the final contract cost for the improvement amounts to $799.198.15, the expenses incurred or to be incurred in the making of such improvement amount to $148,585.83 so that the total project cost of the improvement will be $947.783.98. 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 $726.893.73, and the amount to be assessed against benefited property owners is declared to be $220.890.25 2. Assessments shall be payable in equal annual installments extending over a period 0 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 Trude and adopted by the City Council at a reoular meeting this 2nd day of October, 2007, with Councilmembers Jacobson. Trude. Orttel. Gamache. Knioht (absent) voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. ATTEST: 0 (l~ Ug Victoria Volk - City Clerk 0 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R131-07 A RESOLUTION APPROVING THE CONDITIONAL USE PERMIT REQUEST OF KEVIN PETERSEN FOR RETAIL TRADE AND SERVICES IN THE INDUSTRIAL ZONING DISTRICT ON PROPERTY LOCATED AT 3131 161st AVENUE NW, (PIN 16-32-24-23-0001) LEGALLY DESCRIBED AS: Unplatted City of Andover; that part of the southwest 1/4 ofthe northwest 1/4 of Section 16, Township, 32, Range 24 described as follows- Commencing on the southeast comer ofthe southwest 1/4 of the northwest 1/4 of Section 16, Township, 32, Range 24- then westerly on the south line of said 1/4 a distance of 461 feet to the actual point of beginning- then northerly parallel to the east line of the southwest 1/4 of the northwest 1/4 to a point a distance of 2, 1 06.01 feet south of the north line of Section 16, Township, 32, Range 24- then westerly parallel to the south line of said 1/4 to a point a distance of 650 feet east of the west line of the southwest 1/4 of the northwest 1/4- then southerly parallel to the east line of the southwest 1/4 of the northwest 1/4 a distance of78.98 feet- then westerly parallel to the south line of the southwest 1/4 of the northwest 1/4 of Section 16, Township, 32, Range 24 to a point 370.42 feet east of the west line of said 0 1/4- then southerly parallel to the west line ofthe southwest 1/4 of the northwest 1/4 to a point on the south line of said 1/4 a distance of370.42 feet east ofthe southwest comer of the southwest 1/4 of the northwest 1/4 of Section 16, Township, 32, Range 24- then easterly on the south line of said 1/4 to the point of beginning, except roads; subject to easements of record. WHEREAS, Kevin Petersen has requested a Conditional Use Permit for retail trade and services in the industrial zoning district, and; WHEREAS, the Planning and Zoning Commission has reviewed the request and has determined that said request meets the criteria of City Code, and; WHEREAS, the Planning and Zoning Commission finds the request would not have a detrimental effect upon the health, safety, and general welfare of the City of Andover, and; WHEREAS, the Planning and Zoning Commission recommends to the City Council approval of the Conditional Use Permit request; NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby agrees with the recommendation of the Planning and Zoning Commission and approves the Conditional Use Permit for retail trade and service in the industrial zoning 0 district, under the interim performance standards outlined in City Code 12-13-23, on said property with the following conditions: 0 1. Site improvements as determined by the City Council shall be made, including: a. Striping of an additional 6 parking stalls. b. Landscaping in conformance with a landscape plan to be submitted to the City. c. Trash containers shall be kept in the rear of the property behind a screening fence. 2. Exterior storage and sales of materials shall only be allowed in front of the business that occupies the west 50 feet of the building and only during business hours. 3. The Conditional Use Permit shall be subject to a sunset clause as per section 12- 14-6-D of the Andover City Code. Adopted by the City Council of the City of Andover on this 18th day of September 2007. CITY OF ANDOVER ATTEST: ~ tJv& Victoria V olk, City Clerk 0 0 - CITY OF ANDOVER 0 COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 130-07 MOTION by Councilmember Trude to adopt the following: A RESOLUTION ADOPTING THE ASSESSMENT ROLL FOR WATER MAIN CONNECTION CHARGE IN THE FOLLOWING AREA OF 13817 JAY STREET NW (THURSTON-DESHAW FUNERAL HOME). WHEREAS, the property owner has waived their right to a public hearing. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF ANDOVER, MINNESOTA: 1. Such proposed assessment, a copy of which is attached hereto and made part hereof, is hereby accepted and shall constitute the special assessment against the lands named therein, and each tract of land therein included is hereby found to be benefited by the proposed improvement in the amount of the assessment levied against it. 2. Such assessment shall be payable in equal annual installments, extending over a period of L years, the first of the installments to be payable on or before the 1 st 0 Monday in January, 2008 and shall bear interest at a rate of 5.5 percent per annum from the date of the adoption of this assessment resolution. 3. The owner of any property so assessed may, at any time prior to certification of the assessment or the first installment thereof to the county auditor, pay the whole of the assessment on such property, with interest accrued to the date of payment, to the municipal treasurer, except that no interest shall be charged if the entire assessment is paid within 30 days from the adoption thereof; and, except as hereinafter provided, the owner may at any time prior to November 15 of any year, prepay to the treasurer of the municipality having levied said assessments, the whole assessment remaining due with interest accrued to December 31 of the year in which said prepayment is made. MOTION seconded by Council member Kniqht and adopted by the City Council at a reqular meeting this 18th day of September ,2007, with Councilmembers Trude. Kniqht. Orttel. Gamache. Jacobson voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER 0 ATTEST: tJ.~~j O~ Victoria Volk - City Clerk CITY OF ANDOVER 0 COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 129-07 MOTION by Councilmember Trude to adopt the following: A RESOLUTION DECLARING COST AND DIRECTING PREPARATION OF ASSESSMENT ROLL FOR THE IMPROVEMENT OF PROJECT 06-20A, MEADOW CREEK CHRISTIAN SCHOOL TURN LANE IMPROVEMENTS. .THE CITY COUNCIL OF THE CITY OF ANDOVER HEREBY RESOLVES: WHEREAS, the final contract cost for the improvement amounts to $ 1 ,322.646.23 (Includes City Proiect 05-11) , the expenses incurred or to be incurred in the making of such improvement amount to $ 418.622.75 (Includes City Proiect 05-11) so that the total project cost of the improvement will be $ 1.741.269.18 1. NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Andover, MN: The portion of the cost of such improvement to be paid by the City is hereby declared to be $ 1.634.002.95 the amount to be assessed against benefited property owners is declared to be $ 107.266.23 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 Kniqht and adopted by the City Council at a reqular meeting this 18th day of September, 2007, with Councilmembers Trude, Kniqht. Orttel, Gamache. Jacobson voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER 0 ATTEST: tl..;t;;:'J /J~ Victoria Volk - City Clerk CITY OF ANDOVER 0 COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 128-07 MOTION by Councilmember Trude to adopt the following: A RESOLUTION DECLARING COST AND DIRECTING PREPARATION OF ASSESSMENT ROLL FOR THE IMPROVEMENT OF PROJECT 05-11 ,TULIP STREET NW BETWEEN 161sT AVENUE NW AND VALLEY DRIVE NW. THE CITY COUNCIL OF THE CITY OF ANDOVER HEREBY RESOLVES: WHEREAS, the final contract cost for the improvement amounts to $ 1.322.646.43 , the expenses incurred or to be incurred in the making of such improvement amount to $ 418,622.75 so that the total project cost of the improvement will be $ 1.741.269.18 1. NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Andover, MN: The portion of the cost of such improvement to be paid by the City is hereby declared to be $ 1 ,558.532.37 the amount to be assessed against benefited property owners is declared to be $ 182.736.81 2. Assessments shall be payable in equal annual installments extending over a period of lL years. The first of the installments to be payable on or before the 0 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 Kniqht and adopted by the City Council at a reqular meeting this 18th day of September, 2007, with Councilmembers Trude. Kniaht. Orttel. Gamache. Jacobson voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER 0 ATTEST: "j . ./"Ib i_ _ $';J.J Ii. . Victoria Volk - City Clerk CITY OF ANDOVER C COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 127-07 MOTION by Councilmember Trude to adopt the following: A RESOLUTION DECLARING COST AND DIRECTING PREPARATION OF ASSESSMENT ROLL FOR THE IMPROVEMENT OF SANITARY SEWER & WATER MAIN ,FOR PROJECT 07-27, 14124 CROSSTOWN BOULEVARD NW. THE CITY COUNCIL OF THE CITY OF ANDOVER HEREBY RESOLVES: WHEREAS, the expenses incurred or to be incurred in the making of such improvement amount to $ 10.907.00 so that the total cost of the improvement will be$ 10.907.00 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 $ 10,907.00 2. Assessments shall be payable in equal annual installments extending over a period of .Q.... years. The first of the installments to be payable on or before the C 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 Knioht and adopted by the City Council at a reqular meeting this 18th day of September ,2007 , with Councilmembers Trude; 'Knioht. Orttel. Gamache. Jacobson voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: 0 /l.;LJ ()L// Victoria Volk - City Clerk 0 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 126-07 A RESOLUTION UPDATING CERTIFIED BONDED INDEBTEDNESS FOR 2008. WHEREAS, the preparation and adoption of budgets is recognized as sound financial practice; and WHEREAS, the City of Andover has the responsibility to appropriately and efficiently manage the public's funds; and WHEREAS, the City of Andover has determined that it is prudent to update certified bonded indebtedness levies for 2008; and WHEREAS, the Anoka County Property Records and Taxation Division is requiring a City Council resolution updating bonded indebtedness levies that would have been certified Anoka County as part of prior year bond sales. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Andover hereby updates all or a portion of previously certified bonded indebtedness levies for 2008 as listed on Attachment A. 0 Adopted by the City of Andover this 4th day of September 2007. CITY OF ANDOVER ATTEST: ~(/~ Victoria Volk - City Clerk 0 o STATE OF MINNESOTA) COUNTY OF ANOKA ) CITY OF ANDOVER ) I, the undersigned, being the duly qualified and acting City Clerk of the City of Andover, Minnesota, do hereby certify that I have carefully compared the attached Resolution No. R126-07 adopting the City of Andover updates of all or a portion of previously certified bonded indebtedness levies for 2008 with the original record thereof preserved in my office, and have found the same to be true and correct transcript of the whole thereof. IN TESTIMONY WHEREOF, I have hereunto subscribed my hand this 4th day of September 2007. Victoria V olk - City Clerk 0 0 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 125-07 A RESOLUTION ADOPTING THE CITY OF ANDOVER 2008 PROPOSED PROPERTY TAX LEVY TO BE CERTIFIED TO THE COUNTY AUDITOR. WHEREAS, the preparation and adoption of operating budgets is recognized as sound fml!llcial practice; and WHEREAS, the City of Andover receives significant financial support from its residents through the payment of property taxes; and WHEREAS, the City of Andover has the responsibility to appropriately and efficiently manage the public's funds; and WHEREAS, Minnesota State Law requires the City to certify to the County Auditor a proposed tax levy and budget prior to September 17,2007. NOW, THEREFORE, BE IT RESOLVED that the City CoUncil of the City of Andover hereby adopts the o proposed 2008 property tax levy totaling $10,188,718 as listed on Attachment A. Adopted by the City of Andover this 4th day of September 2007. CITY OF ANDOVER ATTEST: IL~ {J.;-tb Victoria Yolk - City Clerk 0 0 STATE OF MINNESOTA) COUNTYOFANOKA ) CITY OF ANDOVER ) I, the undersigned, being the duly qualified and acting City Clerk of the City of Andover, Minnesota, do hereby certify that I have carefully compared the attached Resolution No. R125-07 adopting the 2008 Proposed Property Tax Levy with the original record thereof preserved in my office, and have found the same to be true and correct transcript of the whole thereof. IN TESTIMONY WHEREOF, I have hereunto subscribed my hand this 4th day of September 2007. 0 Victoria V olk - City Clerk 0 0 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 124-07 A RESOLUTION DEFERRING ASSESSMENTS FOR VARIOUS PROPERTIES ADJACENT TO SHAW'S GLEN, WOODLAND CROSSINGS AND CARDINAL RIDGE. The assessments for the properties described as PIN 15-32-24-43-0019, PIN 15- 32-24-43-0018 and PIN 15-32-24-43-0075 are to be deferred until one of the following occurs: 1. Division of the parcel by metes and bounds description or platting, upon sale of lots by such division, all special assessments shall be paid in full of new parcels created; 2. Sale of the parcel in existence at the time of this resolution; 3. Death of the last person who had an ownership interest in the property at the time of the resolution approving the deferral; 4. September 4, 2017; or 5. Creation of a lot that requires connection to City utilities by City Code. All assessments that lose their deferral under 2, 3, 4 & 5 above shall be payable in equal installments of principal and interest over an 8 year period. The final construction assessment amount will be adjusted by the ENR Construction Cost Index from June 2007 until the time of termination of such deferral. In no event shall such assessment exceed 5.5% annually. City Fees, including the Fox Hollow Lift Station fee, will be adjusted from June 2007 to the current city fees at the time of actual development. Adopted by the City Council of the City of Andover this ~day of September , 2007. CITY OF ANDOVER Attest: 0 ~t{~ Victoria Volk - City Clerk 0 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO R123-07 A RESOLUTION APPROVING THE FINAL PLAT OF "TIMBER TRAILS 2ND ADDITION" ON PROPERTY LOCATED IN SECTION 5, TOWNSHIP 32, RANGE 24 LEGALLY DESCRIBED AS: That part ofthe following described tract lying in the southwest quarter of the northwest quarter of Section 5, Township 32, Range 24, described as follows: That part of the East 1584 feet of said South Half of the Northwest Quarter lying South of a line drawn parallel to the North line of said South Half of the Northwest Quarter of Section 5, and distant 770 feet South from said North line, except road. WHEREAS, the City Council has approved the preliminary plat of the project to be known as "Timber Trails 2nd Addition"; and WHEREAS, the property owners have presented a final plat of Timber Trails 2nd Addition; and NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby approves o the final plat of Timber Trails 2nd Addition contingent on the following: I. The plat shall conform to the final plat stamped received by the City of Andover on August 27, 2007 and shall be subject to all ofthe conditions of the Preliminary Plat Resolution 099-07. 2. Approval ofthe plat is contingent upon staff review and approval for compliance with City ordinances, policies, and guidelines. 3. Plat approval is contingent upon a development agreement acceptable to the City Attorney. A financial guarantee will be required as a part ofthis agreement to assure all of the subdivision improvements will be completed. 4. Prior to recording the final plat for Timber Trails 2nd Addition, the developer shall be required to install eight (8) spruce trees on the lot located at 17697 Tulip Street NW to help screen headlights from 177111 A venue, or submit a $2,500 escrow with the City for the installation. Adopted by the City Council of the City of Andover this 4111 day of September, 2007. CITY OF ANDOVER ATCl~ - . /)~ Victoria V olk, City Clerk 0 - CITY OF ANDOVER 0 COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 122-07 MOTION by Councilmember Jacobson to adopt the following: A RESOLUTION ADOPTING THE ASSESSMENT ROLL FOR THE IMPROVEMENT OF WATER MAIN IN THE FOLLOWING AREA OF 13835 UNDERCLlFT STREET NW, PROJECT 07-13. WHEREAS, the property owner has waived their right to a public hearing. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF ANDOVER, MINNESOTA: 1. Such proposed assessment, a copy of which is attached hereto and made part hereof, is hereby accepted and shall constitute the special assessment against the lands named therein, and each tract of land therein included is hereby found to be benefited by the proposed improvement in the amount of the assessment levied against it. 2. Such assessment shall be payable in equal annual installments, extending over a period of L years, the first of the installments to be payable on or before the 1 st Monday in January, 2008 and shall bear interest at a rate of 5.5 percent per annum from the date of the adoption of this assessment resolution. 3. The owner of any property so assessed may, at any time prior to certification of the assessment or the first installment thereof to the county auditor, pay the whole of the assessment on such property, with interest accrued to the date of payment, to the municipal treasurer, except that no interest shall be charged if the entire assessment is paid within 30 days from the adoption thereof; and, except as hereinafter provided, the owner may at any time prior to November 15 of any year, prepay to the treasurer of the municipality having levied said assessments, the whole assessment remaining due with interest accrued to December 31 of the year in which said prepayment is made. MOTION seconded by Councilmember Knioht and adopted by the City Council at a reoular meeting this 4th day of September ,2007, with Councilmembers Jacobson. Knioht. Orttel. Gamache. Trude voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER 0 ATTEST: ~V4?~ ~6hael R. Gamache - Mayor 11~ (J...tb Victoria Volk - City Clerk 0 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 121-07 MOTION by Councilmember Jacobson to adopt the following: A RESOLUTION ACCEPTING FEASIBILITY STUDY AND WAIVING PUBLIC HEARING FOR THE IMPROVEMENT OF PROJECT NO. 07-35 FOR WATER MAIN CONNECTION CHARGE IN THE FOLLOWING AREA OF 13817 JAY STREET NW (THURSTON-DESHAW FUNERAL HOME). WHEREAS, the City Council did on the 21st day of Auoust , 2007, order the preparation of a feasibility study for the improvement; and WHEREAS, such feasibility study was prepared by City Enqineer and presented to the Council on the 4th day of September ,2007 ; and WHEREAS, the property owners have waived the right to a Public Hearing; and WHEREAS, the City Council has reviewed the feasibility study and declares the improvement feasible, for an estimated cost of $ 42.192.56 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 for water main connection charge of $ 42,192.56 , waive the Public Hearing and order improvements. MOTION seconded by Councilmember Kniqht and adopted by the City Council at a reqular meeting this 4th day of September, 2007 , with Councilmembers Jacobson. Knioht. Orttel. Gamache. Trude voting in favor of the resolution, and Councilmembers none - voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: fl:J-uA.- U~ Victoria Volk - City Clerk 0 CITY OF ANDOVER COUNTY OF ANOKA 0 STATE OF MINNESOTA RES. NO. 120-07 MOTION by Council member Jacobson to adopt the following: A RESOLUTION FOR HEARING ON PROPOSED ASSESSMENT FOR INTERSECTION IMPROVEMENTS FOR 161ST AVENUE NW & CRANE STREET NW, PROJECT NO. 06-37. WHEREAS, by a resolution passed by the City Council on Auqust 21.2007, the City Clerk was directed to prepare a proposed assessment of the cost of the improvement for Project No. 06-37, 161st Avenue NW & Crane Street NW. WHEREAS, the City Clerk has notified the Council that such proposed assessment has been completed and filed in her office for public inspection. NOW, THEREFORE, BE IT RESOLVED by the City Council of Andover, Minnesota: 1. A hearing shall be held the 2nd day of October ,2007 ,in the City Hall at 7:00 PM to pass upon such proposed assessment and at such time and place all 0 persons owning property affected by such improvements will be given an opportunity to be heard with reference to such assessment. 2. The City Clerk is hereby directed to cause a notice of the hearing on the proposed assessment to be published once in the official newspaper at least two weeks prior to the hearing, and she shall state in the notice the total cost of improvement. She shall also cause mailed notice to be given to the owner of each parcel described in the assessment roll not less than two weeks prior to the hearings. MOTION seconded by Councilmember Knioht and adopted by the City Council at a reqular meeting this 4th day of September , 2007 , with Councilmembers Jacobson. Knioht. Orttel. Gamache. Trude voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: 0 ~ IJ,,/p Victoria Volk - City Clerk CITY OF ANDOVER 0 COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. Rl19-07 A RESOLUTION APPROVING AN AMENDED CONDITIONAL USE PERMIT FOR SAMBULSA OF MINNESOTA, INC. TO ALLOW A REVISED SITE PLAN FOR A CHURCH IN A RESIDENTIAL DISTRICT AT 475 ANDOVER BOULEVARD NW. WHEREAS, Sambulsa of Minnesota, Inc. has applied to locate a church in a residential district; and WHEREAS, Chapter 12-12 of the Andover City Code "Permitted, Conditional, and Prohibited Uses" lists Church as a Conditional Use in residential zoning districts; and WHEREAS, the Planning and Zoning Commission finds the request would not have a detrimental effect upon the health, safety, morals, and general welfare of the City of Andover; and WHEREAS, the Planning and Zoning Commission recommends to the City Council approval of the Conditional Use Permit as requested. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby agrees with the recommendation ofthe Planning and Zoning Commission and approves the amendment to the Conditional Use Permit allowing a church on said property, subject to the following conditions: 0 I) Site improvements at 475 Andover Boulevard must be constructed to the specifications on the documents dated July 17,2007. 2) All changes, modifications, and improvements at 475 Andover Boulevard proposed to be made as part of this application shall be subject to review and approval through the Commercial Site Plan process. 3) No church services may take place at 475 Andover Boulevard before all site and building improvements identified in the Commercial Site Plan review process have been completed. 4) The proposed church must conform to all local and state building and zoning codes. 5) If the City Engineer requires a Traffic Impact Study, all study recommendations will become conditions of this Conditional Use Permit. Adopted by the City Council of the City of Andover on this 2151 day of August, 2007. CITY OF ANDOVER AT~~ aa Victoria V olk, City Clerk 0 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. RU8-07 A RESOLUTION GRANTING THE CONDITIONAL USE PERMIT AMENDMENT FOR EXPANSION OF THE METROPOLITAN MOSQUITO CONTROL FACILITY LOCATED AT 1280 BUNKER LAKE BOULEVARD AND LEGALLY DESCRIBED ON EXHIBIT A WHEREAS, Metropolitan Mosquito Control has requested a conditional use permit amendment to allow an office expansion, parking area expansion and a new storage building on the subject property; and WHEREAS, the applicant is requesting a variance to City Code 12-13-6. to waive the irrigation system requirement based on their intent to provide native landscaping that complements the native landscaping in the remainder of Bunker Hills Park; and WHEREAS, the Planning Commission held a pubic hearing and has reviewed the request; and WHEREAS, The Planning Commission recommends approval of the proposed variance based on finding that while some irrigation is warranted, there are also areas of the site where existing native vegetation does not require irrigation and these areas complement the overall native 0 landscaping theme of Bunker Hills Park; and; WHEREAS, the Planning Commission finds the conditional use permit 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 amendment; and NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby agrees with the recommendation of the Planning and Zoning Commission and approves the conditional use permit amendment on said property with the following conditions: 1. The applicant shall complete the commercial site plan review process with the city. 2. The applicant and staff shall determine the appropriate locations for irrigation through the commercial site plan process. 3. Screening of Bunker Lake Boulevard must be reviewed and approved by Council and staff. 4. The improvements to the site and exterior building elevations shall substantially conform to the plan set stamped received by the City of Andover August I, 2007. 5. This approval is subject to a sunset clause as defmed in City Code 12-14-6D. Adopted by the City Council of the City of Andover on this 21 sl day of August, 2007. CITY OF ANDOVER 0 ATTfST: l -:I:;;~ 11,/1/ Victoria V olk, City Clerk > 0 Exhibit A PARCEL C2 That part of the Northeast Quarter of the Southwest Quarter of Section 35, Township 32, Range 24, Anoka County, Minnesota, described as follows: Commencing at the most easterly comer of Parcel 45, ANOKA COUNTY HIGHWAY RIGHT -OF- WAY PLAT NO. 68, Anoka County, Minnesota; thence South 82 degrees 51 minutes 48 seconds West, bearing assumed., along the southeasterly line of said Parcel 45, a distance of 112.34 feet to the point of beginning of the land to be described; thence continue South 82 degrees 51 minutes 48 seconds W~ along said southeasterly line, 66.12 feet; thence South 10 degrees 34 minutes 54 seconds East 75.99 feet; thence North 88 degrees 54 minutes 41 seconds West 92.03 feet; thence South 01 degrees 05 minutes 19 seconds West 626.00 feet; thence South 88 degrees 54 minutes 41 seconds East 380.00 feet; thence North 01 degrees 05 minUtes 19 seconds East 626.00 feet; thence North 88 degrees 54 minutes 41 seconds West 220.58 feet to the intersection with a line bearing South 10 degrees 34 minutes 54 seconds East from the point of beginning; thence North 10 degrees 34 minutes 54 seConds West 85.65 feet to .the point of beginning. ContAining 5.58 acres, more or less. Part ofP.LN. 35-32-24-31-0001 0 0 -5"- CITY OF ANDOVER 0 COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R 117-07 A RESOLUTION APPROVING A VARIANCE TO REDUCE THE SIDE YARD SETBACK FROM 25 FEET TO 16 FEET FOR PROPERTY LOCATED AT 771 141 st AVENUE NW LEGALLY DESCRIBED AS: Lot 18, Block 6, Crown Pointe East, Anoka County, Minnesota WHEREAS, the Planning Commission has reviewed the request to vary from City Code 12-3-5 to reduce the side yard setback for the subject property from 25 feet to 16 feet, and; WHEREAS, the applicant has provided the following findings for the Planning Commission to consider: I. The house was a model home and the deck door was included in the construction of the home, making it appear that it was possible to add a deck in this location. 2. The side yard setback limits the amount of usable space. 3. There is a larger than average drainage and utility easement in the rear yard of the property. 4. The lot was created under the requirements at the time, which required the first 100 feet of the lot to be buildable. Since that time the city increased the buildable area for new lots to 110 feet. Additionally, the city now requires surveys for new homes to show the 0 area where a deck can be constructed where a doorway is planned and the area is less than 20 feet. WHEREAS, after review the Planning Commission finds the recent changes to the City Code and the unique characteristics of the property provide sufficient findings for the variance and recommended approval of the request, and; WHEREAS, the City Council agrees with recommendation of the Planning Commission, and; NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover approves the proposed variance request to reduce the side yard setback for the subject property from 25 feet to 16 feet. Adopted by the City Council of the City of Andover on this 21st day of August 2007. CITY OF ANDOVER ~ d.-~ ATTEST: lchael R. Gamache, Mayor ~ (J/f-, Victoria V olk, City Clerk 0 CITY OF ANDOVER 0 COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 116-07 MOTION by Council member Jacobson to adopt the following: A RESOLUTION DECLARING COST AND DIRECTING PREPARATION OF ASSESSMENT ROLL FOR THE IMPROVEMENT OF WATER MAIN ,FOR PROJECT 07-13, 13835 UNDERCLlFT STREET NW. THE CITY COUNCIL OF THE CITY OF ANDOVER HEREBY RESOLVES: WHEREAS, the expenses incurred or to be incurred in the making of such improvement amount to $ 8.878.52 so that the total cost of the improvement will be $ 8.878.52 1. NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Andover, MN: The portion of the cost of such improvement to be paid by the City is hereby declared to be $ 0.00 the amount to be assessed against benefited property owners is declared to be $ 8.878.52 2. Assessments shall be payable in equal annual installments extending over a period of .Q... years. The first of the installments to be payable on or before the 1 st Monday in January 2008 ,and shall bear interest at the rate of 5.5 0 percent per annum from the date of the adoption of the assessment resolution. 3. The City Clerk, with the assistance of the City Engineer shall forthwith calculate the proper amount to be specially assessed for such improvement against every assessable lot, piece or parcel of land within the district affected, without regard to cash valuation, as provided by law, and she shall file a copy of such proposed assessment in her office for public inspection. 4. The Clerk shall, upon the completion of such proposed assessment, notify the Council thereof. MOTION seconded by Councilmember Trude and adopted by the City Council at a reqular meeting this 21st day of Auqust ,2007, with Councilmembers Jacobson. Trude. Kniqht. Orttel. Gamache voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: 0 . hael R. Gamache - Mayor a~ U.& Victoria Volk - City Clerk CITY OF ANDOVER 0 COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 115-07 MOTION by Councilmember Jacobson to adopt the following: A RESOLUTION DECLARING ADEQUACY OF PETITION AND ORDERING PREPARATION OF A FEASIBILITY REPORT FOR ASSESSING THE WATER CONNECTION FEE ,PROJECT NO. 07-35 ,IN THE AREA OF 13817 JAY STREET NW (THURSTON-DESHAW FUNERAL HOME). WHEREAS, the City Council has received a petition, dated Auoust 7.2007 requesting the construction of improvements; and WHEREAS, such petition has been validated to represent the signatures of 100% of the affected property owners requesting such improvement. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover that: 1. The petition is hereby declared to be 100% of owners of property affected, thereby making the petition unanimous. 2. Escrow amount for feasibility report is 0 3. The proposed improvement is hereby referred to the City Enqineer and he is instructed to provide the City Council with a feasibility report. MOTION seconded by Councilmember Trude and adopted by the City Council at a reqular meeting this 21st day of Auoust ,2007, with Councilmembers Jacobson. Trude. Kniqht. Orttel. Gamache voting in favor of the resolution, and Council members none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: 0 ~ () db Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA 0 RES. NO. 114-07 MOTION by Councilmember Jacobson to adopt the following: A RESOLUTION DECLARING COST AND DIRECTING PREPARATION OF ASSESSMENT ROLL FOR THE IMPROVEMENT OF INTERSECTION iMPROVEMENTS FOR 161ST AVENUE NW & CRANE STREET NW . PROJECT 06-37. THE CITY COUNCIL OF THE CITY OF ANDOVER HEREBY RESOLVES: WHEREAS, the expenses incurred or to be incurred in the making of such improvements is $ 38.488.88 so that the total cost of the improvement will be $ 156.577.87 1. NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Andover, MN: The portion of the cost of such improvement to be paid by the City is hereby declared to be $ 0.00 the amount to be assessed against benefited property owners is declared to be $156.577.87 . 2. Olmscheid and Rischer assessments shall be payable in equal annual installments extending over a period of 8 years. The first of the installments to be payable on or before the 1 st Monday in January 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. Emmerich assessments shall be payable in semi-annual installments, together with principal and accrued interest, extending over a period of JL years, the first of the installments to be payable on or before the 15th day of April, 2008 and shall bear interest at a rate of 5.5 percent per annum from the date of the adoption of this assessment resolution. 4. The City Clerk, with the assistance of the City Engineer shall forthwith calculate the proper amount to be specially assessed for such improvement against every assessable lot, piece or parcel of land within the district affected, without regard to cash valuation, as provided by law, and she shall file a copy of such proposed assessment in her office for public inspection. 5. The Clerk shall, upon the completion of such proposed assessment, notify the Council thereof. MOTION seconded by Councilmember Trude and adopted by the City Council at a reqular meeting this 21st day of Auqust ,2007, with Councilmembers Jacobson. Trude. Kniqht. Orttel. Gamache voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER 0 ATTEST: UJL {)4 Victoria Volk - City Clerk 0 CITY OF ANDOVER COUNTYOFANOKA STATE OF MINNESOTA RES. NO. Rl13-07 A RESOLUTION APPROVING A CONDITIONAL USE PERMIT AMENDMENT TO EXTEND MINING PERMIT ON PROPERTY LOCATED AT 16689 HANSON BOULEVARD (P.I.D. 11-32-24-33-0004), LEGALLY DESCRIBED AS; The Southwest 1/4 of the Southwest 1/4 of Section 11, Township 32, Range 24 except the South 660 feet of the West 687 feet thereof; also except roads subject to easements of record. WHEREAS, the applicant has requested an amendment to the existing Conditional Use Permit to extend the time allowed for mining of the subject property; and WHEREAS, the Planning and Zoning Commission has reviewed the request and has determined that said request meets the criteria of City Code 12-8-4; and WHEREAS, the Planning and Zoning Commission recommends to the City Council approval of the Conditional Use Permit Amendment; and 0 NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby agrees with the recommendation ofthe Planning and Zoning Commission and approves the Conditional Use Permit Amendment to extending the time allowed for mining of the subject property subject to the following conditions: 1. The permit shall expire in December of 2009. 2. The site shall be graded to conform to the grading plan dated November 10, 2006. Mining of other areas of the site shall be prohibited. 3. The applicant shall stake the limits ofthe easterly pond as shown on the approved grading plan. 4. This permit shall be subject to annual site inspection to determine compliance with the City Code and the conditions of this permit. 5. The hauling of material is limited to Monday through Friday, 8:00 A.M. to 8:00 P.M. and Saturdays, 8:00 A.M. until 4:00 P.M. 6. The applicant shall obtain all necessary permits, including, but not limited to, the following organizations: Department of Natural Resources, U.S. Army Corps of Engineers, and Lower Rum River Watershed Management Organization. 0 7. Safety precautions shall be taken at the end of each working day to prevent injury to anyone who may be near the mined area. C 9. The roadway on the subject property shall be regularly watered to control dust. 10. Upon completion, turf shall be provided over all disturbed areas above the normal ground water level. 11. A letter of credit or any other suitable financial instrument acceptable to the City shall be received by the City to restore the mining area to what is shown on the fmal grading plan. The amount of the financial surety shall be determined by the City Engineer. The City Engineer Has determined that $5,000 is the appropriate amount. Adopted by the City Council of the City of Andover on this 8th day of August, 2007. CITY OF ANDOVER ATTEST: {U;..J ()~ Victoria V olk, City Clerk Q 0 ____n______ CITY OF ANDOVER 0 COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 112-07 MOTION by Council member Trude to adopt the following: A RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR THE IMPROVEMENT OF PROJECT NO. 06-10 FOR RAILROAD QUIET ZONES. WHEREAS, pursuant to advertisement for bids as set out in Council Resolution No. 083-07 ,dated June 19, 2007, bids were received, opened and tabulated according to law with results as follows: Knife River $86,465.00 New Look Contracting, Inc. $88,164.25 Rum River Contracting $94,279.50 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby accept the bids as shown to indicate Knife River as being the apparent low bidder. 0 BE IT FURTHER RESOLVED TO HEREBY direct the Mayor and City Clerk to enter into a contract with Knife River in the amount of $ 86.465.00 for construction of the improvements; and direct the City Clerk to return to all bidders the deposits made with their bids, except that the deposit of the successful bidder and the next lowest bidder shall be retained until the contract has been executed and bond requirements met. MOTION seconded by Council member Orttel and adopted by the City Council at a reqular meeting this 8th day of Auqust , 2007 , with Council members Trude, Orttel. Kniqht. Gamache. Jacobson voting in favor of the resolution, and Council members none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: 0 1.LZu~ O.,/b' Victoria Volk - City Clerk 0 CITY OF ANDOVER COUNTYOFANOKA STATE OF MINNESOTA RES. NO Rl11-07 A RESOLUTION GRANTING THE VACATION OF EASEMENT REQUEST OF TODD SPANIER TO VACATE A PORTION OF THE DRAINAGE AND UTILITY EASEMENT AT 1251 1381H LANE NW (PIN 35-32-24-24-0074) LEGALLY DESCRIBED AS FOLLOWS: Lot 29, Block 7 HILLS OF BUNKER LAKE, ANOKA COUNTY, MINNESOTA WHEREAS, the applicant has requested to vacate a portion of a drainage and utility easement as indicated on Exhibit A, and; WHEREAS, the Engineering Department has determined that the proposed vacation of easement will not adversely affect the floodplain or drainage in the surrounding area; and WHEREAS, the City Council fmds the request would not have a detrimental effect upon the health, safety, moral, and general welfare of the City of Andover; and 0 NOW, THEREFORE, BE IT RESOLVED, that the City Council ofthe City of Andover hereby grants the vacation of the drainage and utility easement as indicated on Exhibit A. Adopted by the City Council of the City of Andover on this 8th day of August, 2007. CITY OF ANDOVER ATTEST ~ tl/b Victoria V olk, City Clerk 0 CITY OF ANDOVER COUNTY OF ANOKA 0 STATE OF MINNESOTA RES. NO. 110-07 MOTION by Councilmember Knioht to adopt the following: A RESOLUTION ADOPTING THE ASSESSMENT ROLL FOR THE IMPROVEMENT OF PROJECT NOS. 05-32 (WOODLAND CROSSINGS). 05- 24 (SHAW'S GLEN) & 05-20 (CARDINAL RIDGE) . WHEREAS, pursuant to proper notice duly given as required by law, the City Council has met and heard and passed upon all objections to the proposed assessment for the improvements. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF ANDOVER, MINNESOTA: 1. Such proposed assessment, a copy of which is attached hereto and made part hereof, is hereby accepted and shall constitute the special assessment against the lands named therein, and each tract of land therein included is hereby found to be benefited by the proposed improvement in the amount of the assessment levied against it. 2. Such assessments shall be payable in semi-annual installments, together with 0 principal and accrued interest, extending over a period of 8 years. The first of the installments to be payable on or before the 15th day of April 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 owners, of any property so assessed may, at any time prior to certification of the assessment to the County Auditor, pay the whole of the assessment on such property, with interest accrued to the date of payment, to the City Treasurer. MOTION seconded by Council member Jacobson and adopted by the City Council at a reqular meeting this 8th day of Auoust ,2007 ,with Councilmembers Jacobson. Kniqht. Orttel. Gamache. Trude voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER 0 ATTEST: IJ~ O~ Victoria Volk - City Clerk 0 CITY OF ANDOVER COUNTYOFANOKA STATE OF MINNESOTA RES. NO R109-07 A RESOLUTION APPROVING THE FINAL PLAT OF "WOODLAND ESTATES TIIIRD ADDmON' FOR PROPERTY LEGALLY DESCRIBED AS: Outlots A., B and C WOODLAND ESTATES SECOND ADDmON, Anoka County, Minnesota AND That part of 151 st Avenue NW as dedicated on the plat of WOODLAND ESTATES SECOND ADDmON, Anoka County, Minnesota, lying west of the following described line: Commencing at the northwest corner of Outlot A., WOODLAND ESTATES SECOND ADDmON, thence South 88 degrees 45 minutes 20 seconds East on an assumed bearing along the southerly line of 151 st A venue Northwest a distance of 10.23 feet to the point of beginning of the line to be described, thence North 01 degrees 14 minutes 40 seconds East a distance of 60.00 feet to the northerly line of 151 st A venue Northwest and said line there terminating. WHEREAS, the City Council has approved the preliminary plat of the project to be known as "Woodland Estates Third Addition"; and WHEREAS, the property owners have presented a final plat of Woodland Estates Third Addition; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby approve the final plat of Woodland Estates Third Addition contingent upon the following: 1. The plat shall conform to the final plat stamped received by the City of Andover July 25, 2007 and shall be subject to all of the conditions of Preliminary Plat Resolution R098-07. 2. Contingent upon staff review and approval for compliance with City ordinances, policies and guidelines. 3. Such plat approval is contingent upon a development agreement acceptable to the City Attorney. A financial guarantee is required as a part of this agreement to assure all of the . subdivision improvements will be completed. Adopted by the City Council of the City of Andover this 8th day of August, 2007. CITY OF ANDOVER ATTEST: 0 ~ tYs.fb Victoria V olk, City Clerk 0 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RESOLUTION NO. 108-07 A RESOLUTION APPROVING RENEWAL OF A PREMISES PERMIT FOR THE ANODVER LIONS CLUB TO CONDUCT A PULL-TAB OPERATION AT POV'S SPORTS BAR AND GRILL. WHEREAS, the Andover Lions Club has submitted an application to the City of Andover for renewal of a premises permit to operate a charitable gambling operation at POV's Sports Bar, 1851 Bunker Lake Boulevard NW; and WHEREAS, per Minnesota Gambling Control Board requirements, a resolution must be adopted by the City Council within 60 days of receipt of the application. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover, Anoka County, Minnesota, that renewal of a premises permit for charitable gambling for the Andover Lions Club is hereby approved subject to the terms outlined in City Code, Chapter 3. 0 Adopted by the City Council of the City of Andover this 8th day of August 2007. CITY OF ANDOVER Attest: IJAAJ;~ {J~ Victoria V olk, City Clerk 0 CITY OF ANDOVER COUNTY OF ANOKA 0 STATE OF MINNESOTA RES. NO. 107-07 MOTION by Councilmember Jacobson to adopt the following: A RESOLUTION APPROVING PLANS AND SPECIFICATIONS, SOLICITING FOR QUOTES AND AWARDING THE QUOTE FOR THE IMPROVEMENT OF PROJECT NOS. 07-25 (2756- 134TH LANE NW) & 07-26 (2766 _134TH LANE NW) FOR SANITARY SEWER & WATER MAIN IMPROVEMENTS. WHEREAS, pursuant to Resolution No. 104-07, adopted by the City Council on the 1ih day of Julv, 2007, the Citv EnQineer has prepared final plans and specifications for Proiect No. 07-25. 2756 _134th Lane NW & Proiect No. 07-26. 2766 _134th Lane NW for sanitary sewer & water main improvements; and WHEREAS, such final plans and specifications were presented to the City Council for their review on the ~ day of AUQust, 2007. WHEREAS, the City Council of the City of Andover hereby approves the Final Plans and Specifications and to hereby directs the City Engineer to seek quotes for the improvements; and WHEREAS, quotes were received, opened and tabulated according to law with results as follows: 0 W.B. Miller $26,636.36 Hydrocon $31,780.00 Dave Perkins Contracting $36,277.00 NOW, THEREFORE. BE IT RESOLVED by the City Council of the City of Andover to hereby accept the quotes as shown to indicate W.B. Miller. Inc as being the apparent low quoter. BE IT FURTHER RESOLVED TO HEREBY direct the Mayor and City Clerk to enter into a contract with W.B. Miller. Inc in the amount of $26.636.36 for construction of the improvements; and direct the City Clerk to return to all quoters the deposits made with their quotes, except that the deposit of the successful quoter and the next lowest quoter shall be retained until the contract has been executed and bond requirements met. MOTION seconded by Councilmember KniQht and adopted by the City Council at a reqular meeting this 8th day of Auqust , 2007 , with Councilmembers Jacobson. Kniqht. Orttel. Gamache. Trude voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. 0 CITY OF ANDOVER ATTEST: ~U4 Victoria Volk - City Clerk - CITY OF ANDOVER 0 COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 106-07 MOTION by Councilmember Jacobson to adopt the following: A RESOLUTION ADOPTING THE ASSESSMENT ROLL FOR IMPROVEMENT PROJECT NO. 05-15 FOR BALL FIELD IMPROVEMENTS AT ANDOVER STATION NORTH WHEREAS, the property owners have waived their right to a public hearing. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF ANDOVER, MINNESOTA: 1. Such proposed assessment, a copy of which is attached hereto and made part hereof, is hereby accepted and shall constitute the special assessment against the lands named therein, and each tract of land therein included is hereby found to be benefited by the proposed improvement in the amount of the assessment levied against it. 2. Such assessment shall be payable in semi-annual installments, together with 0 principal and accrued interest, extending over a period of L years, the first of the installments to be payable on or before the 15th day of April. 2008 and shall bear interest at a rate of 5% percent per annum from the date of the adoption of this assessment resolution. 3. The owner of any property so assessed may, at any time pay the whole of the assessment on such property with interest accrued to the date of payment to the City Treasurer. MOTION seconded by Councilmember Knioht and adopted by the City Council at a reqular meeting this 8th day of Auoust , 2007 , with Councilmembers Jacobson. Kniqht. Orttel. Gamache, Trude voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: 0 ~ {j/b Victoria Volk - City Clerk CITY OF ANDOVER 0 COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 105-07 MOTION by Council member Kniqht to adopt the following: A RESOLUTION ACCEPTING THE BASE AND ALTERNATE BID AND AWARDING CONTRACT FOR THE IMPROVEMENT OF PROJECT NOS. 06-22 (CROOKED LAKE BOAT LANDING). 07-9 (TERRACE PARK) & 07-18 (160TH LANE NW CUL-DE-SAC). WHEREAS, pursuant to advertisement for bids as set out in Council Resolution No. 087-07 ,dated June 19, 2007, bids were received, opened and tabulated according to law with results as follows: Contractor Sase Sid Alt. Sid Base & Alt. Bid Rum River Contracting $192,522.93* $ 6,550.00* $199,072.93* W.B. Miller, Inc. $187,673.10 $14,287.70 $201,960.80 Forest Lake Contracting, Inc. $244,263.00 $10,950.00 $255,213.00 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby accept the bids as shown to indicate Rum River Contractinq as being the apparent low bidder. 0 BE IT FURTHER RESOLVED TO HEREBY direct the Mayor and City Clerk to enter into a contract with Rum River Contractinq in the amount of $199,072.93 for construction of the improvements; and direct the City Clerk to return to all bidders the deposits made with their bids, except that the deposit of the successful bidder and the next lowest bidder shall be retained until the contract has been executed and bond requirements met. MOTION seconded by Council member Jacobson and adopted by the City Council at a reqular meeting this 17th day of July , 2007 , with Council members Trude. Jacobson. Orttel. Knioht. Gamache voting in favor of the resolution, and Council members none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: ~~ M' ael R. Ga ache - Mayor 0 fL:t~ U,//~ Victoria Volk - City Clerk 0 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 104-07 MOTION by Councilmember Trude to adopt the following: A RESOLUTION DIRECTING PREPARATION OF PLANS AND SPECIFICATIONS FOR THE IMPROVEMENT OF PROJECT NOS. 07-25 (2756 _134TH LANE NW) & 07-26 (2766 _134TH LANE NW) FOR SANITARY SEWER & WATER MAIN. WHEREAS, the City Council did on the 15th day of May , 2007, order the preparation of a feasibility study for the improvement; and WHEREAS, such feasibility study was prepared by City Enqineer and presented to the Council on the 5th day of June , 2007 ; and NOW, THEREFORE, BE IT RESOLVED by the City Council to hereby direct the City Enqineer to prepare the plans and specifications for such improvement project. 0 MOTION seconded by Councilmember Jacobson and adopted by the City Council at a reqular meeting this 1 ih day of July ,2007, with Council members Trude. Jacobson. Orttel. Kniqht. Gamache voting in favor of the resolution, and Councilmembers none - voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: jl~ {)/h Victoria Volk - City Clerk 0 CITY OF ANDOVER COUNTY OF ANOKA 0 STATE OF MINNESOTA RES. NO. 103-07 MOTION by Councilmember Trude to adopt the following: A RESOLUTION FOR HEARING ON PROPOSED ASSESSMENT FOR THE IMPROVEMENT OF PROJECT NOS. 05-32 (WOODLAND CROSSINGS). 05-24 (SHAW'S GLEN). 05-20 (CARDINAL RIDGE) & ADJACENT PARCELS. WHEREAS, by a resolution passed by the City Council on July 3, 2007, the City Clerk was directed to prepare a proposed assessment of the cost of the improvement for Project Nos. Woodland Crossinqs (05-32). Shaw's Glen (05-24). Cardinal Ridqe (05-20) and adiacent parcels. WHEREAS, the City Clerk has notified the Council that such proposed assessment has been completed and filed in her office for public inspection. NOW, THEREFORE, BE IT RESOLVED by the City Council of Andover, Minnesota: 1. A hearing shall be held the 8th day of Auqust. 2007 ,in the City Hall at 7:00 0 PM to pass upon such proposed assessment and at such time and place all persons owning property affected by such improvements will be given an opportunity to be heard with reference to such assessment. 2. The City Clerk is hereby directed to cause a notice of the hearing on the proposed assessment to be published once in the official newspaper at least two weeks prior to the hearing, and she shall state in the notice the total cost of improvement. She shall also cause mailed notice to be given to the owner of each parcel described in the assessment roll not less than two weeks prior to the hearings. MOTION seconded by Councilmember Jacobson and adopted by the City Council at a reqular meeting this 1 ih day of July , 2007 , with Councilmembers Trude. Jacobson. Orttel. Kniqht. Gamache voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER 0 ATTEST: (J.y-~ Uv!b Victoria Volk - City Clerk - CITY OF ANDOVER 0 COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 102-07 MOTION by Councilmember Trude to adopt the following: A RESOLUTION ADOPTING THE ASSESSMENT ROLL FOR THE IMPROVEMENT OF SANITARY SEWER & WATER MAIN IN THE FOLLOWING AREA OF 14555 ROUND LAKE BOULEVARD NW, PROJECT 07-29. WHEREAS, the property owner has waived their right to a public hearing. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF ANDOVER, MINNESOTA: 1. Such proposed assessment, a copy of which is attached hereto and made part hereof, is hereby accepted and shall constitute the special assessment against the lands named therein, and each tract of land therein included is hereby found to be benefited by the proposed improvement in the amount of the assessment levied against it. 2. Such assessment shall be payable in equal annual installments, extending over a period of L years, the first of the installments to be payable on or before the 1 st 0 Monday in January, 2008 and shall bear interest at a rate of 5.5 percent per annum from the date of the adoption of this assessment resolution. 3. The owner of any property so assessed may, at any time prior to certification of the assessment or the first installment thereof to the county auditor, pay the whole of the assessment on such property, with interest accrued to the date of payment, to the municipal treasurer, except that no interest shall be charged if the entire assessment is paid within 30 days from the adoption thereof; and, except as hereinafter provided, the owner may at any time prior to November 15 of any year, prepay to the treasurer of the municipality having levied said assessments, the whole assessment remaining due with interest accrued to December 31 of the year in which said prepayment is made. MOTION seconded by Council member Jacobson and adopted by the City Council at a reoular meeting this 1 ih day of July ,2007, with Council members Trude, Jacobson. Orttel. Kniqht. Gamache voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER 0 ATTEST: ~~ chael R. G"amache - Mayor ~U,Lb Victoria Volk - City Clerk 0 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 101-07 MOTION by Councilmember Trude to adopt the following: A RESOLUTION DECLARING COSTS AND DIRECTING PREPARATION OF ASSESSMENT ROLL FOR BALL FIELD IMPROVEMENTS AT ANDOVER STATION NORTH, PROJECT NO. 05-15. THE CITY COUNCIL OF THE CITY OF ANDOVER HEREBY RESOLVES: WHEREAS, Andover Station North Ball Field Improvements have been constructed for a total project cost which includes indirect costs of $881.462.85 and charges previously assessed in the amount of $0.00 , so that the total cost of the improvement will be $881.462.85 NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Andover, MN: 1. The portion of the cost of such improvement to be paid for water system improvements by the City is hereby declared to be $60.128.69 the amount to be assessed against benefited property owners (Ball Field Improvements) is declared to be $821.334.21 2. Such assessments shall be payable in semi-annual installments, together with principal and 0 accrued interest, extending over a period of ~ years. The first of the installments to be payable on or before the 15th day of April 2008, and shall bear interest at the rate of 5Y2 percent per annum from the date of the adoption of the assessment resolution. 3. The City Clerk, with the assistance of the City Engineer shall forthwith calculate the proper amount to be specially assessed for such improvement against every assessable lot, piece or parcel of land within the district affected, without regard to cash valuation, as provided by law, and she shall file a copy of such proposed assessment in her office for publiC inspection. 4. The Clerk shall, upon the completion of such proposed assessment, notify the Council thereof. MOTION seconded by Councilmember Jacobson and adopted by the City Council at a reqular meeting this 1 ih day of Julv , 2007 , with Council members Trude, Jacobson. Orttel. Kniqht. Gamache voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: 0 fl~ ()~ Victoria Volk - City Clerk CITY OF ANDOVER 0 COUNTY OF ANOKA STATE OF MINNESOTA RES. NO.1 00-07 MOTION by Councilmember Trude to adopt the following: A RESOLUTION ORDERING IMPROVEMENT, DIRECTING PREPARATION OF PLANS AND SPECIFICATIONS, APPROVING FINAL PLANS AND SPECIFICATIONS AND SOLICITING FOR QUOTES FOR THE IMPROVEMENT OF PROJECT NO. 07-7, FOR 2007 TRAIL MAINTENANCE. WHEREAS, the City Council is cognizant of the need for maintenance and improvement of the trail system; and WHEREAS, the project is identified in the 2007 - 2011 Capital Improvement Plan; and NOW, THEREFORE BE IT RESOLVED by the City Council to order the improvement of City Project 07-7,2007 Trail Maintenance; and BE IT FURTHER RESOLVED by the City Council to hereby direct the ...Q!y, 0 Enqineer to prepare the plans and specifications for such improvement project. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby approve the Final Plans and Specifications and to hereby direct the City Engineer to seek quotes for the improvements. MOTION seconded by Councilmember Jacobson and adopted by the City Council at a reqular meeting this 1 ih day of July , 2007 , with Councilmembers Trude. Jacobson. Orttel. Kniqht. Gamache voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: tL.~:.) (j$ 0 Victoria Volk - City Clerk 0 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO 099-07 A RESOLUTION APPROVING THE PRELIMINARY PLAT OF "TIMBER TRAILS 2ND ADDITION" ON PROPERTY LOCATED IN SECTION 5, TOWNSHIP 32, RANGE 24 LEGALLY DESCRIBED AS: That part of the following described tract lying in the southwest quarter of the northwest quarter of Section 5, Township 32, Range 24, described as follows: The east 1584 feet of said northwest quarter lying south of a line parallel with and 770 feet south of the north line of said southwest quarter of the northwest quarter; except road and subject to easements of record. And that part of the southeast quarter of the northwest quarter of Section 5, Township 32, Range 24, lying south ofthe north 770 feet thereof, except road and subject to easements ofrecord, Section 14, Township 32, Range 24, Anoka County, Minnesota. WHEREAS, the Andover Review Committee has reviewed the preliminary plat; and 0 WHEREAS, pursuant to published and mailed notice thereof, the Planning Commission has conducted a public hearing on said plat, and; WHEREAS, as a result of such public hearing, the Planning Commission recommends to the City Council the approval of the plat, and; NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby approves the preliminary plat subject to the following conditions: 1. The Preliminary Plat shall address all comments from the Engineering department and Community Development before grading may commence. 2. The Preliminary Plat shall address all comments from the Andover Parks and Recreation Commission as approved by the City Council. 3. The developer shall pay a Park Dedication Fee of$15,090 and also a Trail Fee of $3,672. 4. The developer obtains all necessary permits from the Coon Creek Watershed District, DNR, Corps of Engineers, LGU, MPCA, Anoka County Highway Department and any other agency that may be interested in the site. 5. The developer shall be responsible for the cost of construction of all improvements proposed as a part of the preliminary plat. 6. Such plat approval is contingent upon a development agreement acceptable to the City Attorney. A financial guarantee will be required as a part of this agreement to assure all 0 ofthe subdivision improvements will be completed. 0 7. The developer shall be responsible for improvements to the intersection of Tulip Street (CSAH 58) and the proposed 177th A venue required by the Anoka County Highway Department. 8. Prior to final plat approval the developer shall install eight (8) spruce trees on the lot located at 17697 Tulip Street NW to help screen headlights from I 77th Avenue. 9. Council retains the right toe reconsider the trail location at final plat. Adopted by the City Council of the City of Andover this 3rd day of July, 2007. A~ (JLL Victoria V olk, City Clerk 0 0 0 CITY OF ANDOVER COUNTYOFANOKA STATE OF MINNESOTA RES. NO R098-07 A RESOLUTION APPROVING THE PRELIMINARY PLAT OF "WOODLAND ESTATES THIRD ADDITION" FOR WOODLAND DEVELOPMENT ON PROPERTY LOCATED IN SECTION 21, TOWNSHIP 32 RANGE 24 LEGALLY DESCRIBED AS: Outlots A,B and C Woodland Estates Second Addition, Anoka County, Minnesota WHEREAS, the Andover Review Committee has reviewed the preliminary plat; and WHEREAS, pursuant to published and mailed notice thereof, the Planning Commission has conducted a public hearing on said plat, and; WHEREAS, the applicant has requested a variance to City Code 11-3-3G to exceed the 500 foot maximum cul-de-sac length, and; WHEREAS, the Planning Commission recommends approval of the variance based on finding that a sketch plan has been prepared to illustrate how the road will be extended in the future to provide a second access and the applicant will be the developer of the adjacent property to ensure that this occurs, and; WHEREAS, as a result of such public hearing, the Planning Commission recommends to the City Council the approval of the plat, and; NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby agrees with the recommendation of the Planning Commission and approves the preliminary plat subject to the following conditions: 1. Contingent upon the approval of the Rezoning of the property to R-4 Single Family Urban Residential. If this request fails to be approved, the preliminary plat shall be considered null and void. 2. The Preliminary Plat shall conform to the plan set stamped received by the City of Andover June 22, 2007 except as follows: a. The applicant shall explore opportunities to widen Lot 1, Block 2 and modify the irregular shape of Lot I, Block 1 and present the results of this effort to the City Council at the time of final plat. 3. A variance is granted to City Code 11-3-3 G. to allow the proposed street to extend further than 500 feet before terminating in a dead end. 0 4. Outlot A shall be combined with the adjacent property to the north at the time the plat is recorded. 5. The plat will not be released by the city for recording with Anoka County until after December 8, 2007. 6. The vacation of easement and right-of-way shall be recorded at Anoka County with and not before the final plat of Woodland Estates Third Addition. 0 7. The developer obtains all necessary permits from the Coon Creek Watershed District, DNR, Corps of Engineers, LGU, MPCA, and any other agency that may be interested in the site. 8. Park dedication and trail fees shall be collected for each unit based on the rate in effect at the time of preliminary plat approval. 9. The developer shall be responsible for the cost of construction of all improvements proposed as a part of the preliminary plat. 10. A temporary easement shall be provided for the temporary cul-de-sac. The easement document shall be written to expire at the time the roadway is extended. 11. Such plat approval is contingent upon a development agreement acceptable to the City Attorney. A fInancial guarantee will be required as a part of this agreement to assure all of the subdivision improvements will be completed. 12. The developer shall work with the city to adjust the retaining wall on Lots 1-5, Block 2 to save trees. Adopted by the City Council of the City of Andover this 3rd day of July, 2007. ATTEST: em.. ~ ()"'/L , :v~ Victoria V olk, City Clerk Kenneth D. Orttel, Acting Mayor 0 CITY OF ANDOVER 0 COUNTY OF ANOKA STATE OF MINNESOTA RES. NO R097-07 A RESOLUTION GRANTING THE VACATION OF EASEMENT AND STREET RIGHT OF WAY WITHIN WOODLAND ESTATES SECOND ADDITION LEGALLY DESCRIBED AS FOLLOWS: DRAINAGE AND UTILITY EASEMENT VACATION DESCRIPTION: All drainage and utility easements over under and across OUTLOT C, WOODLAND ESTATES SECOND ADDITION, Anoka County, Minnesota. 151ST AVENUE NW STREET VACATION DESCRIPTION: That part of 15151 Avenue NW as dedicated on the plat of Woodland estates Second Addition, Anoka County, Minnesota, lying west of the following described line: Commencing at the northwest comer of Outlot A, Woodland Estates Second Addition, thence South 88 degrees 45 minutes 20 seconds East on an assumed bearing along the southerly line of 15151 Avenue Northwest a distance of 10.23 feet to the point of beginning of the line to be described, thence North 01 degrees 14 minutes 40 seconds East a distance of 60.00 feet to the northerly line of 15151 A venue Northwest and said line there terminating. WHEREAS, the applicant has requested to vacate the previously described portion of a drainage and utility easement and street right-of-way, and; WHEREAS, the City Council finds the request would not have a detrimental effect upon the health, safety, moral, and general welfare of the City of Andover; and WHEREAS, a public hearing was held and there was no opposition to the request. NOW, THEREFORE, BE IT RESOLVED, that the City Council ofthe City of Andover hereby grants the vacation of the drainage and utility easement and street right-of-way. Adopted by the City Council of the City of Andover on this 3rd day of July, 2007 subject to the following: 1. The vacation of easement and right -of-way shall be recorded at and not before the preliminary plat of Woodland Estates Third Add' CITY OF ANDOVER ATTEST 0 ~ /J,& Victoria V olk, City Clerk CITY OF ANDOVER 0 COUNTYOFANOKA STATE OF MINNESOTA RES. NO. R096-07 A RESOLUTION APPROVING A VARIANCE TO REDUCE THE SIDE YARD SETBACK FROM 25 FEET TO 19 FEET FOR PROPERTY LOCATED AT 15924 XEON STREET NW LEGALLY DESCRIBED AS: Lot 7, Block 6 Woodland Oaks, Anoka County, Minnesota WHEREAS, the Planning Commission has reviewed the request to vary from City Code 12-3-5 to reduce the side yard setback for the subject property from 25 feet to 19 feet, and; WHEREAS, the applicant provided the following fmdings for consideration: I. The city approved the location of the house and the building plan with a door and ledger board on the street side of the house. 2. The only exit from the second floor of the house is the front door. The second floor doorway cannot provide a secondary emergency exit without the addition of a deck and stairway to the ground. 3. The lot was created under the requirements at the time, which required the first 100 feet of the lot to be buildable. Since that time the city increased the buildable area for new 0 lots to 110 feet and now requires surveys for new homes to show the area where a deck can be constructed where a doorway is planned and the area is less than 20 feet. 4. The yard is unusually encumbered by drainage and utility easements. a. A ten foot wide easement exists on the north side of the property where a storm sewer line is located. Typically this easement would only be 5 feet wide. b. A 31 foot wide drainage and utility exists in the rear yard. This area of the lot was excavated to allow a storage area for the storm water collected by the storm sewer. As a result, less than 20 feet of useable rear yard space exists behind the house. WHEREAS, after review the Planning Commission finds the recent changes to the City Code and the unusual amount of easements on the property provide sufficient findings for the variance and recommended approval of the request, and; NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover has received the recommendation of the Planning Commission and approves the proposed variance request to reduce the side yard setback for the subject property from 25 feet to 19 feet. Adopted by the City Council of the City of Andover on this 3rd CITY OF ANDOVER A T}EST: (J. (LI-~ '.ra 0 Victoria V olk, City Clerk 0 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R095-07 A RESOLUTION APPROVING THE LOT SPLIT REQUEST TO SUBDIVIDE A RURAL RESIDENTIAL LOT INTO TWO RURAL RESIDENTIAL LOTS FOR PROPERTY LOCATED AT 16090 MAKAH STREET NW LEGALLY DESCRIBED AS FOLLOWS: Tract V, Registered Land Survey Number 72, Anoka County, Minnesota WHEREAS, Carl Spencer has requested approval of a lot split to subdivide a rural residential property pursuant to City Code 13-1, located at 16090 Makah Street NW; and WHEREAS, the Planning and Zoning Commission has reviewed the request and has determined that said request meets the criteria of the City Code, and; WHEREAS, a public hearing was held pursuant to state statutes; and WHEREAS, the Planning and Zoning Commission recommends to the City Council approval of .. the proposed lot split as requested. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby agrees with the recommendation of the Planning and Zoning Commission and approves the lot split on said property with the following conditions: I. The lot split shall be required to conform to the survey dated April 2, 2007. 2. Drainage and utility easements shall be provided as shown on the survey dated April 2, 2007. 3. The applicant shall pay a park dedication fee of $2,515 and a trail fee of$612. 4. The lot split shall be subject to a sunset clause as defined by City Code 13-1-6F. 5. The applicant shall provide a right of entry to build the pond. Adopted by the City Council of the City of Andover on this 3rd day of CITY OF ANDOVER 0 ATl[ST: AZ:J:J ()/b Victoria V olk, City Clerk 0 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 094-07 MOTION by Council member Jacobson to adopt the following: A RESOLUTION DECLARING ADEQUACY OF PETITION AND ORDERING PREPARATION OF A FEASIBILITY REPORT FOR THE IMPROVEMENTS OF STREET LIGHTING , PROJECT NO. 07-34 IN THE S Y20F SECTION 24/N Y2 OF SECTION 25 AREA. WHEREAS, the City Council has received a petition, dated June 11. 2007, requesting the construction of improvements; and WHEREAS, such petition has been validated to contain the signatures of more than 35% of the affected property owners requesting such improvement. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover that: 0 1. The petition is hereby declared as adequate. 2. The proposed improvement is hereby referred to City Enoineer and he is instructed to provide the City Council with a feasibility report. MOTION seconded by Councilmember Kniqht and adopted by the City Council at a reqular meeting this 3rd day of July, 2007, with Councilmember Jacobson. Knioht. Orttel. Trude, Gamache (absent) voting in favor of the resolution, and Councilmember none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: ~Ul Ke neth D. Orttel- Acting Mayor 0 ~ ~./O Victoria Volk - City Clerk CITY OF ANDOVER 0 COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 093-07 MOTION by Councilmember Jacobson to adopt the following: A RESOLUTION DECLARING COSTS AND DIRECTING PREPARATION OF ASSESSMENT ROLL FOR THE IMPROVEMENT PROJECT NOS. 05-32 (WOODLAND CROSSINGS). 05-24 (SHAW'S GLEN) & 05-20 (CARDINAL RIDGE) & ADJACENT PARCELS. THE CITY COUNCIL OF THE CITY OF ANDOVER HEREBY RESOLVES: WHEREAS, construction of the improvements are complete and the final cost for such improvements are $2,075.364.71 plus $22,231.00 for seal coat, and the expenses incurred and fees to be incurred in the making of such improvement amount to $937.902.83 and charges previously assessed in the amount of $0.00 , so that the total cost of the improvement will be $3,035.498.54. NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Andover, MN: 1. The portion of the cost of such improvement to be paid by the City is hereby declared to be 613.617.47 the amount to be assessed against benefited property owners is declared to be $3,021.881.07 . 2. Such assessments shall be payable in semi-annual installments, together with principal and 0 accrued interest, extending over a period of 8 years. The first of the installments to be payable on or before the 15th day of April 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 Kniqht and adopted by the City Council at a reoular meeting this 3rd day of Julv , 2007 , with Councilmembers Jacobson, Knioht, Orttel. Trude. Gamache (absent) voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. ATTEST: 0 ~U4 Victoria Volk - City Clerk CITY OF ANDOVER 0 COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 092-07 MOTION by Councilmember Jacobson to adopt the following: A RESOLUTION DECLARING COST AND DIRECTING PREPARATION OF ASSESSMENT ROLL FOR THE IMPROVEMENT OF SANITARY SEWER & WATER MAIN , FOR PROJECT 07-29, 14555 ROUND LAKE BOULEVARD NW. THE CITY COUNCIL OF THE CITY OF ANDOVER HEREBY RESOLVES: WHEREAS, the expenses incurred or to be incurred in the making of such improvement amount to $ 12.673.87 so that the total cost of the improvement will be $ 12,673.87 1. NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Andover, MN: The portion of the cost of such improvement to be paid by the City is hereby declared to be $ 12.673.87 the amount to be assessed against benefited property owners is declared to be $ 12.673.87 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 0 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 Kniqht and adopted by the City Council at a reqular meeting this 3rd day of July ,2007 , with Councilmembers Jacobson. Kniqht. Orttel. Trude. Gamache (absent) voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER 0 ATTEST: tJJ&lm I Kenneth D. o rtte I - Acting Mayor ~U~ Victoria Volk - City Clerk CITY OF ANDOVER 0 COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 091-07 MOTION by Councilmember Jacobson to adopt the following: A RESOLUTION DECLARING ADEQUACY OF PETITION FOR THE IMPROVEMENT OF SANITARY SEWER. WATER MAIN. STORM SEWER & STREETS , PROJECT NO. 05-24 , IN THE AREA OF 1950 _1571H LANE NW. WHEREAS, the City Council has received a petition, dated June 14. 2007 requesting the construction of improvements; and WHEREAS, such petition has been validated to represent the signatures of 100% of the affected property owners requesting such improvement. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover that: 1. The petition is hereby declared to be 100% of owners of property affected, 0 thereby making the petition unanimous. 2. The proposed improvement is hereby referred to the City Enqineer and he is instructed to reduce the proposed deferred assessment from five lots to four lots for Lot 1, Block 1, Shaw's Glen. MOTION seconded by Council member Knioht and adopted by the City Council at a reqular meeting this 3rd day of July ,2007, with Councilmembers Jacobson, Kniqht. Orttel. Trude, Gamache (absent) voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. ATTEST: Kenneth D. Orttel- Acting Mayor 0 ~ ()..u Victoria Volk - City Clerk 0 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO R090-07 A RESOLUTION APPROVING A REVISED PRELIMINARY PLAT FOR "HICKORY MEADOWS" LOCATED IN THE SOUTHEAST QUARTER OF SECTION 25, TOWNSHIP 32, RANGE 24 LEGALLY DESCRIBED AS; DEED # 1269640 PROPERTY DESCRIPTION: All that part of the west 100.00 feet of Lot 4, "AUDITOR'S SUBDIVISION NO. 141, Anoka County, Minnesota, which lies north of the following described line: Commencing at the southeast comer of said Lot 4; thence North 00 degrees 29 minutes 17 seconds West (orientation of this bearing system is assumed), along the east line of said Lot 4, a distance of 1367.69 feet, to the point of beginning of the line to be described; thence South 79 degrees 46 minutes 33 seconds West, a distance of328.71 feet to the east line of said Lot 4 and said described line there terminating. This parcel is subject to the right of way of Andover 0 Boulevard N.W. and other easements of record if any. DEED # 1551626 PROPERTY DESCRIPTION: That part of the West half of the Southeast Quarter of Section 25, Township 32, Range 24, Anoka County, Minnesota lying Southerly of the following described parcel described as follows: Beginning at the northeast comer of said West half of the Southeast Quarter; thence on an assumed bearing of South 89 degrees 49 minutes 11 seconds West, along the north line of said West half of the Southeast Quarter, a distance of 107.00 feet; thence south 00 degrees 27 minutes 57 seconds East, parallel to the east line of said West half of the Southeast Quarter, a distance of 1317.50 feet; thence North 67 degrees 28 minutes 54 seconds East a distance of 65.68 feet; thence North 80 degrees 09 minutes 37 seconds East a distance of 46.75 feet to a point on said east line distant 1284.69 feet south from said northeast comer thereof; thence North 00 degrees 27 minutes 57 seconds West, along said east line, a distance of 1284.69 feet to the point of beginning. Also known as part of Lot 2 and Lot 3, Auditor's Subdivision Number 141, according to the recorded plat thereof and situate in Anoka County, Minnesota. DEED # 1571355 PROPERTY DESCRIPTION: 0 The tract or parcel of land lying and being in the County of Anoka and State of Minnesota, Described as follows, To-Wit: 0 That part of the west 112 of the Southeast 114, Section 25, Township 32, Range 24, Anoka County, Minnesota, Described as follows: Beginning at a point in the North line of said West 112 of the Southeast 114, Which point is 99 feet West of the Northeast corner thereof; Thence West along said North line a distance of 165 feet; thence South and parallel with the East line of said West 112 of the Southeast 114 to Coon Creek; thence easterly along the northerly Shore of Coon Creek to its intersection with a line drawn parallel with said east line from a point in the North line of said West 1/2 of the Southeast 11499 feet West of the northeast corner thereof; thence North along said line to the point of beginning, EXCEPT the easterly 8 feet thereof, now known as Lot 2, AUDITOR'S SUBDIVISION NO. 141, EXCEPT the easterly 8 feet thereof. Subject to all easements, covenants, conditions, reservations, leases and restrictions of record, all legal highways, all rights of way, all zoning, building and other laws, ordinances and regulations, all rights oftenants in possession, and all real estate taxes and assessments not yet due and payable. DEED # 1753932 PROPERTY DESCRIPTION: Real property in Anoka County, Minnesota, Described as follows: That part of the East 257.50 feet of Lot 1, AUDITOR'S SUBDIVISION NUMBER 141, 0 according to the recorded plat thereof, Anoka County, Minnesota, lying northerly ofthe following described line: Beginning at a point on the East line of said Lot 1 distant 1427.98 feet South of the northeast corner thereof, for the purposes of this description said East line is assumed to bear South; thence South 57 degrees 58 minutes 57 seconds West a distance of 570.26 feet; thence westerly a distance of 364.52 feet along a tangential curve concave to the north having a radius of 500.00 feet and a central angle of 41 degrees 46 minutes 16 seconds; thence North 80 degrees 14 minutes 47 seconds West, Tangent to said curve, a distance of 202.31 feet to a point onto the west line of said Lot 1 distance 1770.00 feet southerly of the northwest corner thereof, said line there terminating. Subject to restrictions, reservations, easements, covenants, oil, gas, or mineral rights of record, if any. DEED # 1299816 PROPERTY DESCRIPTION: The West 257.50 feet of the east 515.00 feet of Lot 1, AUDITOR'S SUBDIVISION NUMBER 141, Anoka County, Minnesota, lying northerly of the following described line: Beginning at a point on the east line of said Lot 1 distant 1427.98 feet south of the northeast 0 corner thereof, for the purposes of this description said east line is assumed to bear South; thence South 57 degrees 58 minutes 57 seconds West a distance of 570.26 East; thence westerly a distance of364.52 feet along a tangential curve concave to the north having a radius of 500.00 feet and a central angle of 41 degrees 46 minutes 16 seconds; thence North 80 degrees 14 0 minutes 47 seconds West, tangent to said curve, a distance of 202.31 feet to a point on the west line of said Lot 1 distant 1770.00 feet southerly of the northwest comer thereof, said line there terminating. Subject to the right of way of County State Aid Highway NO. 16. WHEREAS, Kodiak Development has received approval of a preliminary plat for Hickory Meadows; and WHEREAS, a revised utility plan has been prepared to provide municipal sewer and water service to the subject property in a manner that is different than presented at the time of preliminary plat approval; and WHEREAS, the revised utility plan would utilize public drainage and utility easements within Shadowbrook 5th and 6th Additions; and NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby approves the revised preliminary plat for Hickory Meadows with the following conditions: 1. All conditions of Resolution Rl16-06 shall remain in effect. 2. A trail easement shall be provided along the north side of Coon Creek. The easement shall be 100 feet in width as measured from the centerline of Coon Creek to match the easement that presently exists for Coon Creek. 0 3. The Preliminary Plat and Site Development Plans shall conform to the plans stamped received by the City of Andover June 11, 2007 and as revised by the City Engineer at the June 19,2007 Council meeting. Adopted by the City Council ofthe City of Andover this 19t,h day of June, 2007. CITY OF ANDOVER ATTEST: tL~ ()r/L Victoria V olk, City Clerk 0 CITY OF ANDOVER COUNTY OF ANOKA 0 STATE OF MINNESOTA RES. NO. 089-07 MOTION by Councilmember Trude to adopt the following: A RESOLUTION ADOPTING THE ASSESSMENT ROLL FOR THE IMPROVEMENT OF PROJECT _' 02-33, ANDOVER STATION NORTH FOR SITE GRADING. SANITARY SEWER. WATER MAIN. STREETS. STORM SEWER. TRAILS & SIDEWALKS. WHEREAS, pursuant to proper notice duly given as required by law, the City Council has met and heard and passed upon all objections to the proposed assessment for the improvements. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF ANDOVER, MINNESOTA: 1. Such proposed assessment, a copy of which is attached hereto and made part hereof, is hereby accepted and shall constitute the special assessment against the lands named therein, and each tract of land therein included is hereby found to be benefited by the proposed improvement in the amount of the assessment 0 levied against it. 2. Such assessment shall be payable in equal annual installments, extending over a period of 8 years, the first of the installments to be payable on or before the first Monday in January, 2008 and shall bear interest at a rate of 5.5 percent per annum from the date of the adoption of this assessment resolution. 3. The owners, of any property so assessed may, at any time prior to certification of the assessment to the County Auditor, pay the whole of the assessment on such property, with interest accrued to the date of payment, to the City Treasurer. MOTION seconded by Council member Kniqht and adopted by the City Council at a reqular meeting this 19th day of June ,2007 ,with Councilmembers Trude. Kniqht. Orttel. Gamache, Jacobson voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER 0 ATTEST: {1,Yfl~ (J,/p Victoria Volk - City Clerk 0 CITY OF ANDOVER COUNTY OF ANOI(A STATE OF MINNESOTA RES. NO. R088-07 A RESOLUTION MODIFYING CITY OF ANDOVER RESOLUTION NUMBER 002- 07, A RESOLUTION DESIGNATING DEPOSITORIES OF CITY FUNDS AND SUPPLEMENTAL DEPOSITORIES OF CITY FUNDS FOR INVESTMENT PURPOSES ONLY. WHEREAS, Minnesota Statutes, Section 118A sets forth the procedures for the deposit of public funds which include requiring the Andover City Council to annually designate the official depositories for City funds and manage the collateral pledged to such funds; and WHEREAS, other financial institutions are, from time to time, able to pay the City of Andover interest rates on deposits that are greater than can be obtained from the official depositories; and WHEREAS, representatives of Comerica Securities Inc. can assist the City of 0 Andover in achieving favorable rates of return on investments; and WHEREAS, Comerica Securities Inc. can provide services to the City of Andover comparable to the City's current supplemental depositories. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover that Comerica Securities, Inc be added as a supplemental depository for investment and cash management purposes only. Adopted by the Andover City Council on the 19th day of June 2007. CITY OF ANDOVER ATTEST: a ."$-i-I (j,ffi Victoria V oIk - City Clerk 0 0 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 087-07 MOTION by Council member Trude to adopt the following: A RESOLUTION APPROVING FINAL PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR PROJECT NOS. 06-22 (CROOKED LAKE BOAT LANDING). 07-9 (TERRACE PARK) & 07-18 (1601H LANE NW CUL-DE-SAC). WHEREAS, pursuant to Resolution No. 036-07, adopted by the City Council on the 20th day of March , 2007, the City Enqineer has prepared final plans and specifications for Project Nos. 06-22 (Crooked Lake Boat Landinq). 07- 9 (Terrace Park & 07-18 (160th Lane NW Cul-De-Sac); and WHEREAS, such final plans and specifications were presented to the City Council for their review on the 19th day of June , 2007 . 0 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. , July 16 , 2007 at the Andover City Hall. MOTION seconded by Councilmember Knioht and adopted by the City Council at a reqular meeting this 19th day of June , 2007 , with Councilmembers Trude. Kniqht, Orttel. Gamache. Jacobson voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: 0 U;iu:....; l),!b Victoria Volk - City Clerk 0 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 086-07 MOTION by Council member Trude to adopt the following: A RESOLUTION ACCEPTING FEASIBILITY STUDY AND WAIVING PUBLIC HEARING FOR THE IMPROVEMENT OF PROJECT NO. 07-29 FOR SANITARY SEWER & WATER MAIN IN THE FOLLOWING AREA OF 14555 ROUND LAKE BOULEVARD NW. WHEREAS, the City Council did on the 5th day of June , 2007, order the preparation of a feasibility study for the improvement; and WHEREAS, such feasibility study was prepared by City Enqineer and presented to the Council on the 19th day of June ,2007 ; and WHEREAS, the property owners have waived the right to a Public Hearing; and WHEREAS, the City Council has reviewed the feasibility study and declares the improvement feasible, for an estimated cost of $ 12.673.87 0 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 $ 12.673.87 , waive the Public Hearing and order improvements. MOTION seconded by Councilmember Knioht and adopted by the City Council at a reoular meeting this 19th day of June ,2007, with Councilmembers Trude. Kniqht, Orttel. Gamache. Jacobson voting in favor of the resolution, and Councilmembers none - voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: ~/. ;4;A~ (I/O Victoria Volk - City Clerk 0 0 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 085-07 MOTION by Councilmember Trude to adopt the following: A RESOLUTION ACCEPTING FEASIBILITY STUDY AND WAIVING PUBLIC HEARING FOR THE IMPROVEMENT OF PROJECT NO. 07-26 FOR SANITARY SEWER & WATER MAIN IN THE FOLLOWING AREA OF 2766- 134th LANE NW. WHEREAS, the City Council did on the 15th day of May , 2007, order the preparation of a feasibility study for the improvement; and WHEREAS, such feasibility study was prepared by City Enoineer and presented to the Council on the 5th day of June , 2007 ; and WHEREAS, the property owners have waived the right to a Public Hearing; and WHEREAS, the City Council has reviewed the feasibility study and declares the improvement feasible, for an estimated cost of $ 15.268.80 0 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 $ 15.268.80 , waive the Public Hearing and order improvements. MOTION seconded by Council member Kniqht and adopted by the City Council at a reqular meeting this 19th day of June ,2007, with Councilmembers Trude. Kniqht. Orttel. Gamache, Jacobson voting in favor of the resolution, and Council members none - voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: ~~!JdLJ Victoria Volk - City Clerk 0 0 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 084-07 MOTION by Councilmembe~ Trude to adopt the following: A RESOLUTION ACCEPTING FEASIBILITY STUDY AND WAIVING PUBLIC HEARING FOR THE IMPROVEMENT OF PROJECT NO. 07-25 FOR SANITARY SEWER & WATER MAIN IN THE FOLLOWING AREA OF 2756 - 134lh LANE NW. WHEREAS, the City Council did on the 15th day of May , 2007, order the preparation of a feasibility study for the improvement; and WHEREAS, such feasibility study was prepared by City Enqineer and presented to the Council on the 5th day of June , 2007 ; and WHEREAS, the property owners have waived the right to a Public Hearing; and WHEREAS, the City Council has reviewed the feasibility study and declares the improvement feasible, for an estimated cost of $ 27,526.60 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of 0 Andover to hereby receive the feasibility report with an estimated total cost of improvements of $ 27.526.60 , waive the Public Hearing and order improvements. MOTION seconded by Councilmember Kniqht and adopted by the City Council at a reqular meeting this 19h day of June ,2007, with Councilmembers Trude. Kniqht. Orttel. Gamache. Jacobson voting in favor of the resolution, and Councilmembers none - voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: {Ld;;-,~ IJ..~ Victoria Volk - City Clerk 0 C CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 083-07 MOTION by Councilmember Trude to adopt the following: A RESOLUTION APPROVING FINAL PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR PROJECT 06-10 FOR RAILROAD QUIET ZONES. WHEREAS, pursuant to Resolution No. 079-07, adopted by the City Council on the 5th day of June , 2007, the City Engineer has prepared final plans and specifications for Project No. 06-10 for Railroad Quiet Zones; and WHEREAS, such final plans and specifications were presented to the City Council for their review on the 19th day of June , 2007 . NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby approve the Final Plans and Specifications. 0 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. , Auqust 2 , 2007 at the Andover City Hall. MOTION seconded by Councilmember Knioht and adopted by the City Council at a reqular meeting this 19th day of June , 2007 , with Councilmembers Trude. Kniqht, Orttel. Gamache. Jacobson voting in favor of the resolution, and Council members none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: 0 !J,;,;4;# IJdLJ Victoria Volk - City Clerk 0 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO R082-07 A RESOLUTION EXTENDING THE APPROVAL PERIOD FOR THE WHITE PINE WILDERNESS PRELIMINARY PLAT BY ONE YEAR. WHEREAS, the preliminary plat for White Pine Wilderness was approved on July 18, 2006; and WHEREAS, pursuant to Minnesota State Statute 462.358 Subd. 3c, the preliminary plat is exempt from any changes in the City's fees, subdivision controls, or comprehensive plan for one year from the date of approval, and; WHEREAS, the one-year deadline for the White Pine Wilderness is on July 18, 2007, after which the preliminary plat will be subject to any changes in the City's fees, official controls, or comprehensive plan, and; WHEREAS, the developer is requesting the City Council extend the preliminary plat approval for one additional year, ending on July 18, 2008, and 0 WHEREAS, Minnesota State Statute 462.358 Subd. 3c allows such an extension by agreement with the subdivider and the municipality, and; NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby approves a one-year extension of the preliminary plat's approval to begin July 18, 2007 and ending on July 18, 2008, subject to the following conditions: 1) Applicant will pay the 2007 park dedication and trail fees instead of the 2006 fees. 2) The lots can be final platted and developed to the standards that existed when they were approved in 2006. Any changes in buildability requirements that took place between 2006 and now would not be applied to the lots in Phase II. If, however, the applicant requests changes to grading or design elements of the plat, a full staff review will take place and all current buildability requirements will be enforced. 3) All conditions from R088-06, the resolution for White Pine Wilderness Preliminary Plat Approval will remain in effect, except as revised above. Adopted by the City Council of the City of Andover this 5th day of June, 2007. CITY OF ANDOVER 0 ATTJST: ~~.ae ..". ()~ -~ ~ ' 7- Victoria V olk, City Clerk lchael R. Gamache, Mayor 2 CITY OF ANDOVER 0 COUNTY OF ANOKA STATE OF MINNESOTA RES. NO R081-07 A RESOLUTION GRANTING THE VACATION OF EASEMENT REQUEST OF STEVEN MANTHEY TO VACATE A PORTION OF THE DRAINAGE AND UTILITY EASEMENT AT 4003 146TH LANE NW (pIN 29-32-24-23-0003) LEGALLY DESCRIBED AS FOLLOWS: Lot 13, Block 1 MEADOWS OF ROUND LAKE WHEREAS, the applicant has requested to vacate a portion of a drainage and utility easement as indicated on Exhibit A, and; WHEREAS, the Engineering Department has determined that the proposed vacation of easement will not adversely affect the floodplain or drainage in the surrounding area; and WHEREAS, the City Council finds the request would not have a detrimental effect upon the health, safety, moral, and general welfare of the City of Andover; and 0 NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby grants the vacation of the drainage and utility easement as indicated on Exhibit A subject to the following: 1. The applicant shall remove the existing accessory structure from the drainage and utility easement area. Adopted by the City Council of the City of Andover on this 5th day of June, 2007. CITY OF ANDOVER ATTEST ~ aLb Victoria V olk, City Clerk 0 0 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RESOLUTION R080-07 A RESOLUTION CERTIFYING TO THE COUNTY AUDITOR FOR COLLECTION UNPAID SPECIAL ASSESSMENTS. The City Council of the City of Andover hereby resolves: Pursuant to Article Three, Section d. of a Development Contract between the City of Andover and NBL Financial Corporation, the charges on attached Exhibit A for 0 properties in Hanson Meadows are hereby certified to the County Auditor to be placed on the tax rolls and collected with the 2008 property taxes. Adopted by the City Council of the City of Andover this 5th day of June . 2007. CITY OF ANDOVER Attest: 11A~ a~ --.. Victoria V olk - City Clerk 0 0 Hanson Meadows - Project 05-22 PIN Lot Block Principal Interest Total Due 34 32 24 44 0085 2 1 $5,877.34 $378.30 $6,255.64 34 32 24 44 0086 3 1 $5,877.34 $378.30 $6,255.64 0 0 0 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 079-07 MOTION by Councilmember Jacobson to adopt the following: A RESOLUTION ORDERING PREPARATION OF PLANS AND SPECIFICATIONS FOR THE IMPROVEMENT OF PROJECT NO. 06-10 FOR RAILROAD QUIET ZONES. WHEREAS, the City Council is cognizant of the need for the railroad quiet zones; and NOW, THEREFORE BE IT RESOLVED by the City Council to order plans and specifications for the improvement of Railroad Quiet Zones, Project 06-10; and BE IT FURTHER RESOLVED by the City Council to hereby direct to 0 prepare the plans and specifications for such improvement project. MOTION seconded by Councilmember Kniqht and adopted by the City Council at a reqular meeting this 5th day of June ,2007, with Councilmembers Jacobson. Kniqht. Orttel. Trude. Gamache voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: ~O4 Victoria Volk - City Clerk 0 CITY OF ANDOVER COUNTY OF ANOKA 0 STATE OF MINNESOTA RES. NO. 078-07 MOTION by Councilmember Jacobson to adopt the following: A RESOLUTION FOR HEARING ON PROPOSED ASSESSMENT FOR THE IMPROVEMENT FOR PROJECT NO. 02-33, ANDOVER STATION NORTH FOR SITE GRADING, SANITARY SEWER. WATER MAIN, STREETS, STORM SEWER. TRAILS & SIDEWALKS. WHEREAS, by a resolution passed by the City Council on Mav 1. 2007 ,the City Clerk was directed to prepare a proposed assessment of the cost of the improvement for Project No. 02-33. Andover Station North . WHEREAS, the City Clerk has notified the Council that such proposed assessment has been completed and filed in her office for pUblic inspection. NOW, THEREFORE, BE IT RESOLVED by the City Council of Andover, Minnesota: 1. A hearing shall be held the 19th day of June, 2007 ,in the City Hall at 7:00 PM to pass upon such proposed assessment and at such time and place all persons owning property affected by such improvements will be given an opportunity to be heard with reference to such assessment. 2. The City Clerk is hereby directed to cause a notice of the hearing on the proposed 0 assessment to be published once in the official newspaper at least two weeks prior to the hearing, and she shall state in the notice the total cost of improvement. She shall also cause mailed notice to be given to the owner of each parcel described in the assessment roll not less than two weeks prior to the hearings. 3. The owner of any property so assessed may, at any time prior to certification of the assessment or the first installment thereof to the county auditor, pay the whole of the assessment on such property, with interest accrued to the date of payment, to the municipal treasurer, except that no interest shall be charged if the entire assessment is paid within 30 days from the adoption thereof; and, except as hereinafter provided, the owner may at any time prior to November 15 of any year, prepay to the treasurer of the municipality having levied said assessments, the whole assessment remaining due with interest accrued to December 31 of the year in which said prepayment is made. MOTION seconded by Councilmember Kniqht and adopted by the City Council at a reqular meeting this ~ day of June , 2007 , with Councilmembers Jacobson. Kniqht. Orttel. Trude. Gamache voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER 0 ATTEST: a~;.; tJ~ Victoria Volk - City Clerk 0 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 077-07 MOTION by Council member Jacobson to adopt the following: A RESOLUTION ACCEPTING FEASIBILITY STUDY AND WAIVING PUBLIC HEARING FOR THE IMPROVEMENT OF PROJECT NO. 07-27 FOR SANITARY SEWER & WATER MAIN IN THE FOLLOWING AREA OF 14124 CROSSTOWN BOULEVARD NW. WHEREAS, the City Council did on the 15th day of May , 2007, order the preparation of a feasibility study for the improvement; and WHEREAS, such feasibility study was prepared by City Enoineer and presented to the Council on the 5th day of June , 2007 ; and WHEREAS, the property owners have waived the right to a Public Hearing; and WHEREAS, the City Council has reviewed the feasibility study and declares the improvement feasible, for an estimated cost of $ 10.907.00 0 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 $ 10.907.00 , waive the Public Hearing and order improvements. MOTION seconded by Councilmember Knioht and adopted by the City Council at a reqular meeting this 5th day of June ,2007, with Councilmembers Jacobson. Kniqht, Orttel. Trude. Gamache voting in favor of the resolution, and Councilmembers none - voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: ll~tit.A.J a~1L1 Victoria Volk - City Clerk 0 j CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 076-07 MOTION by Councilmember Jacobson to adopt the following: A RESOLUTION DECLARING ADEQUACY OF PETITION AND ORDERING PREPARATION OF A FEASIBILITY REPORT FOR THE IMPROVEMENT OF SANITARY SEWER & WATER MAIN ,PROJECT NO. 07-29 ,INTHE AREA OF 14555 ROUND LAKE BOULEVARD NW. WHEREAS, the City Council has received a petition, dated May 11. 2007 requesting the construction of improvements; and WHEREAS, such petition has been validated to represent the signatures of 100% of the affected property owners requesting such improvement. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover that: Q 1. The petition is hereby declared to be 100% of owners of property affected, thereby making the petition unanimous. 2. Escrow amount for feasibility report is 0 3. The proposed improvement is hereby referred to the City Enoineer and he is instructed to provide the City Council with a feasibility report. MOTION seconded by Council member Knioht and adopted by the City Council at a reqular meeting this 5th day of June, 2007, with Councilmembers Jacobson, Kniqht. Orttel. Trude. Gamache voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: 0 ~iL,.fb Victoria Volk - City Clerk 0 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 075-07 MOTION by Council member Jacobson to adopt the following: A RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR THE IMPROVEMENT OF PROJECT NOS. 05-61 (CROSSTOWN BLVD. NW & NIGHTINGALE ST. NW) & 06-50 (CROSSTOWN BLVD. NW TRAIl). WHEREAS, pursuant to advertisement for bids as set out in Council Resolution No. 047-07 ,dated April 17, 2007, bids were received, opened and tabulated according to law with results as follows: W. B. Miller, Inc. $170,736.39 Rum River Contracting $176,198.40 Dresel Contracting, Inc. $184,043.00 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby accept the bids as shown to indicate W.B. Miller. Inc. . as being the 0 apparent low bidder. BE IT FURTHER RESOLVED TO HEREBY direct the Mayor and City Clerk to enter into a contract with W.B. Miller. Inc.. in the amount of $170.736.39 for construction of the improvements; and direct the City Clerk to return to all bidders the deposits made with their bids, except that the deposit of the successful bidder and the next lowest bidder shall be retained until the contract has been executed and bond requirements met. MOTION seconded by Council member Kniqht and adopted by the City Council at a reqular meeting this 15th day of May , 2007 , with Council members Jacobnson. Kniqht. Orttel. Gamache. Trude voting in favor of the resolution, and Council members none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: 0 IL~ ilLb Victoria Volk - City Clerk CITY OF ANDOVER 0 COUNTYOFANOKA STATE OF MINNESOTA RES. NO. R074-07 A RESOLUTION AMENDING CONDITIONAL USE PERMIT (02-08) TO EXTEND THE PERMIT FOR TEMPORARY CLASSROOMS TO JULY 1,2009 FOR MEADOW CREEK CHRISTIAN SCHOOL ON PROPERTY LOCATED AT 3037 BUNKER LAKE BOULEVARD NW LEGALLY DESCRIBED AS: The south 1089 feet of the east 777.28 feet of the west half of the northwest quarter of Section 33, Township 32, Range 24; except the east 400 feet of the south 433 feet; except roads; subject to easements of record; Anoka County, Minnesota WHEREAS, Meadow Creek Christian School received approval of a conditional use permit to allow temporary classrooms until June of2007 from the City Council on July 2,2002; and WHEREAS, Meadow Creek Christian School has purchased property where a new school will be constructed and completed the commercial site plan review process with the city; and WHEREAS, Meadow Creek Christian School has made significant progress in raising funds for the new school yet will not have the school constructed when the conditional use permit for temporary classrooms expires; and 0 WHEREAS Meadow Creek Christian School has requested that the conditional use permit for temporary classrooms be extended through June of 2009 to allow time for the new school to be constructed; and WHEREAS, the Planning Commission held a pubic hearing and has reviewed the request; and WHEREAS, the Planning Commission fmds 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 amendment as requested. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of-Andover hereby agrees with the recommendation of the Planning and Zoning Commission and approves the conditional use permit amendment to allow for the continued use of the four temporary classroom structures with the following conditions: 1. The temporary classrooms shall continue to comply with the conditions of Resolution RI07-02 except as follows: a. The amended conditional use permit shall expire on July 1, 2009. Adopted by the City Council of the City of Andover on this 15th day of May, 2007. 0 CITY OF ANDOVER ATTEST: Il~~~ tJ/P Victoria V olk, City Clerk 0 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO.R073-07 A RESOLUTION APPROVING THE CITY OF ANDOVER SIDEWALKfTRAIL INSPECTION AND MAINTENANCE POLICY WHEREAS, the City of Andover is a political subdivision and local government unit of Minnesota organized/operating under the laws of the State of Minnesota; and WHEREAS, the City of Andover recognizes the significance of having sound policies in place for City operations; and NOW THEREFORE, BE IT RESOLVED that the City of Andover hereby approves the attached SidewalklTrail Inspection and Maintenance related to efficient and timely inspection and maintenance of sidewalks and trails in the City of Andover. 0 Adopted by the City Council of the City of Andover this 15th day of May ,2007. CITY OF ANDOVER ATTEST: . {L~ /14 Victoria Volk - City Clerk 0 \0 Sidewalk/Trail Inspection and Maintenance Policy 1. Purpose Public sidewalks or trails may vary in age and quality of condition and not every inequality or irregularity in the surface of the sidewalk or trail may rise to the level of a defect This policy identifies how the City will coordinate and schedule inspection and maintenance of public sidewalks and trails. 2. Sidewalk Insnection Procedures The Public Works Superintendent and City Engineer Shall establish procedures for regular sidewalk or trail inspections. Those procedures will include: . A An initial citywide sidewalk and trail survey to be completed by September of 2007. B. A schedule for routine sidewalk and trail inspections on an annual basis (completed by September of each year) for repair and replacement the following year. 0 C. Establishing criteria for determining whether a particular sidewalk condition is in need of replacement or repair. Those criteria will include, but not necessarily be limited to, a deviation or difference in elevation greater than 3/4 inch, as determined at the time of inspection. 3. Sidewalk Maintenance Policv Upon completion of the initial sidewalk or trail survey, the Public Works Superintendent and City Engineer shall establish a replacement and repair schedule. This schedule is subject to modification based both on sidewalk or trail conditions and the availability of resources for sidewalk or trail replacement and repair. The sidewalk or trail replacement and repair schedule will: A Divide the City into sections or otherwise prioritize replacement of the sidewalks identified as needing replacement or repair so all sidewalks or trails identified in the initial sidewalk and trail surveyor annual inspection as needing replacement or repair are replaced or repaired by September of the following year. B. Take into consideration and weigh the following factors; 1. Sidewalk or trail location and amount of pedestrian traffic 2. Proximity of sidewalk or trail identified as needing replacement or repair to other sidewalks or trails also needing replacement or repair 3. The nature and severity of the condition needing replacement or repair 0" 4. The City budget for replacement or repair of sidewalk or trail 5. Whether or to what extent the cost of repair can be recovered from the responsible party. 6. Availability of employees, equipment, and other resources for sidewalk ot trail replacement or repair 7. Public safety 8. History of prior accidents or complaints 0 9. Schedules of independent contractors and work necessary to prepare bids and bid specifications if work is to be performed by independent contractors. 4. Sidewalk or Trail Maintenance PoIicv City employees will be responsible for removing snow from sidewalks or trails that abut city-owned buildings or parking lots. Commercial business associations will plow sidewalks or trails that abut their association property. The Public Works Superintendent and City Engineer will identify annually on a snow removal map sidewalks and trails from which the City will make reasonable effort to remove ice and snow. S. Review and Modification of Pollev The City Council may modify or clarify this policy at any time. The City Council has delegated responsibility or authority to the Public Works Superintendent and City Engineer for development and implementation of any portion of this policy. 6. Review of Policv The Public Works Superintendent and City Engineer will keep on file, comments and complaints received regarding this policy. The policy will be reviewed periodically. Any review will consider comments and complaints since the last review and any other 0 factors affecting the policy or its implementation. \ 7. Effective Date ofPollcv This shall be effective as of the date the City Council approves the policy. Modifications ofthe policy shall be effective on the date said modifications are approved by City Council resolution or the date City employee or official (with authority granted by the City Council) has approved the policy modification or change. Updated: 4/07 0 CITY OF ANDOVER 0 COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 072-07 MOTION by Councilmember Jacobson to adopt the following: A RESOLUTION DECLARING COST AND DIRECTING PREPARATION OF ASSESSMENT ROLL FOR THE IMPROVEMENT OF PROJECT 02-33. FOR ANDOVER STATION NORTH FOR SITE GRADING. SANITARY SEWER. WATER MAIN. STREETS. STORM SEWER. TRAILS & SIDEWALKS. .THE CITY COUNCIL OF THE CITY OF ANDOVER HEREBY RESOLVES: WHEREAS, the final contract cost for the improvement amounts to $ 1.991.060.68 . Indirect costs have been added to the construction amount for the final assessment amount. 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 (includes outlot) is hereby declared to be $ 226.355.81 the amount to be assessed against benefited property owners is declared to be $2.329.791.42. 2. Assessments shall be payable in equal annual installments extending over a 0 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 Knioht and adopted by the City Council at a reqular meeting this 15th day of May, 2007, with Councilmembers Jacobnson. Kniqht. Orttel. Gamache. Trude voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: 0 f1;;t,;,~ a.1 p Victoria Volk - City Clerk CITY OF ANDOVER 0 COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 071-07 MOTION by Councilmember Jacobson to adopt the following: A RESOLUTION DECLARING ADEQUACY OF PETITION AND ORDERING PREPARATION OF A FEASIBILITY REPORT FOR THE IMPROVEMENT OF SANITARY SEWER & WATER MAIN ,PROJECT NO. 07-27 ,IN THE AREA OF 14124 CROSSTOWN BOULEVARD NW. WHEREAS, the City Council has received a petition, dated May 4.2007 requesting the construction of improvements; and WHEREAS, such petition has been validated to represent the signatures of 100% of the affected property owners requesting such improvement. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover that: 0 1. The petition is hereby declared to be 100% of owners of property affected, thereby making the petition unanimous. 2. Escrow amount for feasibility report is 0 3. The proposed improvement is hereby referred to the City Enqineer and he is instructed to provide the City Council with a feasibility report. MOTION seconded by Council member Knioht and adopted by the City Council at a reqular meeting this 15th day of May ,2007, with Councilmembers Jacobnson. Kniqht. Orttel. Gamache. Trude voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: 0 il::tu~ f),(L; Victoria Volk - City Clerk CITY OF ANDOVER 0 COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 070-07 MOTION by Councilmember Jacobson to adopt the following: A RESOLUTION DECLARING ADEQUACY OF PETITION AND ORDERING PREPARATION OF A FEASIBILITY REPORT FOR THE IMPROVEMENT OF SANITARY SEWER & WATER MAIN , PROJECT NO. 07-26, IN THE AREA OF 2766 _134th LANE NW. WHEREAS, the City Council has received a petition, dated April 24. 2007 requesting the construction of improvements; and WHEREAS, such petition has been validated to represent the signatures of 100% of the affected property owners requesting such improvement. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover that: 1. The petition is hereby declared to be 100% of owners of property affected, 0 thereby making the petition unanimous. 2. Escrow amount for feasibility report is 0 3. The proposed improvement is hereby referred to the City Enqineer and he is instructed to provide the City Council with a feasibility report. MOTION seconded by Councilmember Kniqht and adopted by the City Council at a reqular meeting this 15th day of May ,2007, with Councilmembers Jacobnson. Kniqht. Orttel. Gamache. Trude voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: If{ chael R. Gamache - Mayor 0 ~ U./b Victoria Volk - City Clerk CITY OF ANDOVER 0 COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 069-07 MOTION by Council member Jacobson to adopt the following: A RESOLUTION DECLARING ADEQUACY OF PETITION AND ORDERING PREPARATION OF A FEASIBILITY REPORT FOR THE IMPROVEMENT OF SANITARY SEWER & WATER MAIN ,PROJECT NO. 07-25, IN THE AREA OF 2756 -134tn LANE NW. WHEREAS, the City Council has received a petition, dated April 24. 2007 requesting the construction of improvements; and WHEREAS, such petition has been validated to represent the signatures of 100% of the affected property owners requesting such improvement. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover that: 1. The petition is hereby declared to be 100% of owners of property affected, 0 thereby making the petition unanimous. 2. Escrow amount for feasibility report is 0 3. The proposed improvement is hereby referred to the City Enqineer and he is instructed to provide the City Council with a feasibility report. MOTION seconded by Councilmember Kniqht and adopted by the City Council at a reqular meeting this 15th day of May ,2007, with Council members Jacobnson. Kniqht. Orttel, Gamache, Trude voting in favor of the resolution, and Council members none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: 0 ~()b Victoria Volk - City Clerk 0 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 068-07 SUPPORTING ANOKA COUNTY FEDERAL FUNDING APPLICATION FOR CSAH 9 WHEREAS, the continued growth of the City and surrounding communities is leading to increasing travel demand along the CSAH 9 corridor, which, if unmanaged, can negatively affect the level of performance, safety and congestion experienced by users of the corridor; and, WHEREAS, community leaders, motorists and road authorities have identified this growing travel demand and development pressure as a concern with potential negative consequences for mobility and safety in the corridor, with the potential to further degrade the performance level now provided by the corridor, and the resulting implications for the economy and quality of life of the region; and, WHEREAS, the CSAH 9 corridor is currently operating at a substandard level of 0 performance, continues to increase in congestion and is raising safety concerns; and, WHEREAS, Anoka County has submitted an application to the Transportation Advisory Board (TAB) to the Metropolitan Council for 2011 and 2012 projects to use federal transportation funds to assist with the reconstruction of the CSAH 9 corridor. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANDOVER, MINNESOTA: That the City of Andover strongly supports the request of Anoka County for federal transportation funds for the reconstruction of the CSAH 9 corridor. Adopted by the City Council of Andover, Minnesota this 15th day of May, 2007. CITY OF ANDOVER ATTEST: ~~ Rc.d~. ~~ ,Michael R. Gamache - Mayor 0 ~. ()4 :.....J Victoria Volk - City Clerk 0 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 067-07 SUPPORTING ANOKA COUNTY FEDERAL FUNDING APPLICATION FOR CSAH 78 WHEREAS, the continued growth of the City and surrounding communities is leading to increasing travel demand along the CSAH 78 corridor, which, if unmanaged, can negatively affect the level of performance, safety and congestion experienced by users of the corridor; and, WHEREAS, community leaders, motorists and road authorities have identified this growing travel demand and development pressure as a concern with potential negative consequences for mobility and safety in the corridor, with the potential to further degrade the performance level now proYided by the corridor, and the resulting implications for the economy and quality of life of the region; and, WHEREAS, the CSAH 78 corridor is currently operating at a substandard level of 0 performance, continues to increase in congestion and is raising safety concerns; and, WHEREAS, Anoka County has submitted an application to the Transportation Advisory Board (TAB) to the Metropolitan Council for 2011 and 2012 projects to use federal transportation funds to assist with the reconstruction of the CSAH 78 corridor. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANDOVER, MINNESOTA: That the City of Andover strongly supports the request of Anoka County for federal transportation funds for the reconstruction of the CSAH 78 corridor. Adopted by the City Council of Andover, Minnesota this 15th day of May, 2007. CITY OF ANDOVER ATTEST: 0 a.~ ()Lb Victoria Volk - City Clerk 0 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 066-07 SUPPORTING ANOKA COUNTY FEDERAL FUNDING APPLICATION FOR CSAH 116 WHEREAS, the continued growth of the City and surrounding communities is leading to increasing travel demand along the CSAH 116 corridor, which, if unmanaged, can negatively affect the level of performance, safety and congestion experienced by users of the corridor; and, WHEREAS, community leaders, motorists and road authorities have identified this growing travel demand and development pressure as a concern with potential negative consequences for mobility and safety in the corridor, with the potential to further degrade the performance level now provided by the corridor, and the resulting implications for the economy and quality of life of the region; and, WHEREAS, the CSAH 116 corridor is currently operating at a substandard level 0 of performance, continues to increase in congestion and is raising safety concerns; and, WHEREAS, Anoka County has submitted an application to the Transportation Advisory Board (TAB) to the Metropolitan Council for 2011 and 2012 projects to use federal transportation funds to assist with the reconstruction of the CSAH 116 corridor. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANDOVER, MINNESOTA: That the City of Andover strongly supports the request of Anoka County for federal transportation funds for the reconstruction of the CSAH 116 corridor. Adopted by the City Council of Andover, Minnesota this 15th day of May, 2007. CITY OF ANDOVER ATTEST: ~~Rc~~ ~~ <~hael . Gamache - Mayor 0 ~ V,LL, Victoria Volk - City Clerk C CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 065-07 A RESOLUTION APPROVING THE CITY OF ANDOVER GREASE AND SAND REDUCTION POLICY WHEREAS, the City of Andover is a political subdivision and local government unit of Minnesota organized/operating under the laws of the State of Minnesota; and WHEREAS, the City of Andover recognizes the significance of having sound policies in place to prevent sanitary sewer blockages and backups from the introduction and accumulation of fats, oils, greases and sand from commercial establishments; and NOW THEREFORE, BE IT RESOLVED that the City of Andover hereby 0 approves the attached Grease and Sand Reduction Policy to in preventing sanitary sewer blockages and backups from the introduction and accumulation of fats, oils, greases and sand from commercial establishments in the City of Andover. Adopted by the City Council of the City of Andover this 1st day of May ,2007. CITY OF ANDOVER ATTEST: ~ /),,& Victoria Volk - City Clerk 0 0 CITY OF ANDOVER GREASE AND SAND REDUCTION POLICY 0 0 0 GREASE AND SAND REDUCTION POLICY Table of Contents Page Section I. . General Policy Statement 1 Section II. Grease and Sand Reduction Requirements 2 Section III. New Business Construction 2 Section IV. Existing Business 2 Section V. Maintenance Log and Certification 3 Section VI. Failure to Comply 3 Section VII. Violations and Penalties 3 0 0 0 CITY OF ANDOVER GREASE AND SAND REDUCTION POLICY SECTION I - General Policy Statement The purpose of this policy is to establish a standard of minimizing the amount of grease and sand from entering the municipal sewer system. The policy is to aid in the prevention of sanitary sewer blockages and backups from the introduction and accumulation of fats, oils, greases and sand from commercial establishments particularly, but not limited to, food preparation/serving establishments and carwashes. The policy is intended to be used in conjunction with City of Andover Code 10, Chapter 2, the Minnesota State Plumbing Code Section 4715.1110, 4715.1115 and the Metropolitan Council Environment Services (MCES), Industrial Waste & Pollution Prevention Section in charge of enforcing the Waste Discharge Rules (WDR) under Minnesota Statutes, WDR Sections 406.04, 406.05 and 406.22. Grease is singled out for special attention because of its poor solubility in water and its tendency to separate from the liquid solution. Large amounts of oil and grease in the wastewater cause 0 blockages in the collection system pipes. It decreases pipe capacity and, therefore, requires that piping systems be cleaned more often and/or some piping to be replaced sooner than otherwise expected. Grease in a warm liquid may not appear harmful, but as the liquid cools, the grease or fat congeals and causes nauseous mats on the surface of settling tanks, digesters, and the interior of pipes. Problems caused by wastes from restaurants and other grease-producing establishments have served as the basis for ordinances and regulations governing the discharge of grease materials to the sanitary sewer system. This type of waste has forced the requirement of the installation of preliminary treatment facilities, commonly known as grease traps or interceptors. Sand can also cause a major problem in municipal sewers. As sand enters the main line of the sanitary sewer system it settles on the bottom of the pipe. The sand builds up over a period of time, stopping normal flows and a blockage is created. It also takes away the capacity of the line to handle normal flows as it was designed to. 0 0 SECTION II - Grease and Sand Reduction Requirements 1. GENERAL All properties housing businesses or having the potential of housing a business that may contribute grease and/or sand into the municipal sewer system shall follow this . policy to reduce the amount of grease and/or sand to the limit as set by City Code 10 Chapter 2 and approved by the City Council, Minnesota State Plumbing Code and the MCES Waste Discharge Ru1e. 2. REQUIRED REDUCTION MEASURES A. Installation of Grease/Sand Traps or Interceptors Both grease traps and grease interceptors remove grease from commercial or industrial waste discharges. A grease trap is usually a smaller indoor device, holding between 20 and 150 gallons and typically installed below a sink. Grease traps are usually made of steel, and are often designed as a single compartment with baffles to reduce flow and allow grease, oil or fats to separate from the wastewater. A grease/sand interceptor is usually a large pre-cast concrete or plastic tank, installed on the outside of the building, holding from 250 to 5,000 gallons and made with two separate compartments. B. Cleaning 0 Grease traps/interceptors shall be cleaned on a monthly basis to help ensure proper and efficient operation. Cleaning shall consist of removal of the entire contents of the device, including grease cap and sludge pocket, and inspection of the empty device for defects and/or obstructions which wou1d prevent proper function. SECTION III - New Business Construction The City Building Official shall require all new industrial, commercial and/or retail construction that will have or has the potential to produce greases, oils, fats or sand, to construct an Grease/Sand Interceptor on the outside of the building prior to connection to the sanitary sewer system. This line and interceptor is to be a separate line designated solely for this purpose. This will need to be done at the time of the final inspection. SECTION IV - Existing Business If a grease trap does not exist and upon City inspection of the sanitary sewer main and it is determined there is an excessive amount of grease, oils, fats or sand entering the municipal sewer system that has created or cou1d create a blockage, the City Building Official shall send a notice of violation to the business owner as per City Code 10, Chapter 2, Section 10-2-14. 0 " - SECTION V - Maintenance Log and Certification 0 Documented records shall be maintained by the place of business which indicates: dates of maintenance; person performing maintenance; receipts or manifest from haulers; facility manager's verification. A quarterly report shall be submitted to the City Building Official indicating regular interval maintenance has been preformed. A maintenance log shall be kept in the place of business and made available at any time for inspection by the City Building Official or other duly authorized City employee. SECTION VI - Failure to Comply If an establishment generates wastes from grease and oil in food preparation, it may eventually encounter a maintenance problem with a plugged building sewer line. The blockage can create a sewer backup situation and ultimately a potential health problem in the establishment. If the problem is in the building sewer line, the establishment has direct responsibility for paying for the maintenance. Any excess maintenance reqUired by the City of Andover to remove a blockage from the municipal sewer system, the establishment responsible for the backup, shall be invoiced accordingly. Will be charged per annual City fee schedule. SECTION VII - Violations and Penalties as per City Code 10-2-14 1. Notice of Violation: Any establishment found to be violating any provision of this chapter shall be served by the City Building Official with written notice stating the 0 nature of the violation and providing a reasonable time limit for the satisfactory correction thereof. The offender shall, within the period of time stated in such notice, permanently cease all violations. 2. Violation; Penalty: Any establishment who shall continue any violation beyond the time provided for in the written notice shall be guilty of a misdemeanor and upon conviction thereof, shall be punished according to prevailing state laws. Each day in which any such violation shall continue shall be deemed a separate offense. 3. Liability for Violation: Any establishment violating any of the provisions of this policy shall become liable to the City for any expense, loss or damage incurred by the City by reason of such violation. Adopted S-I-O "7 Attest: ~ IJ./~ ~Rr/-:',;? ~ City Clerk Mayor 0 - 0 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 064-07 A RESOLUTION ESTABLISHING MUNICIPAL STATE AID STREETS. WHEREAS, it appears to the City Council of the City of Andover that the streets hereinafter described should be designated as Municipal State Aid Streets under the provisions of Minnesota Laws of 1967 Chapter 162; and NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Andover that these streets described as follows, to wit: . Andover Boulevard NW from Hanson Boulevard NW to Prairie Road NW to be and hereby established, located and designated as Municipal State Aid streets of said City, subject to the approval of the Commissioner of Transportation of the State of Minnesota. BE IT FURTHER RESOLVED that the City Clerk is hereby authorized and 0 directed to forward two certified copies of this resolution to the Commissioner of Transportation for their consideration and upon his approval of the designation of said streets or portion thereof, that same be constructed, improved and maintained as Municipal State Aid Streets of the City of Andover and to be known as Municipal State Aid Streets. Adopted by the City Council of the City of Andover this 1st day of May ,2007 . CITY OF ANDOVER ATTEST: LL :z,-., J IJL/./ Victoria Volk - City Clerk Certification I hereby certify that the above is a true and correct copy of a resolution duly passed, adopted and approved by the City Council of said City on May 1,2007. 0 tLtz. . fJ$ ~ Victoria Volk - City Clerk CITY OF ANDOVER 0 COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 063-07 A RESOLUTION REVOKING MUNICIPAL STATE AID STREETS. WHEREAS, it appears to the City Council of the City of Andover that the streets hereinafter described should be revoked as a Municipal State Aid Street under the provisions of Minnesota Laws of 1967 Chapter 162; and NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Andover that the streets described as follows, to wit: Control Section #129, Segments 010 & 020 be and hereby are revoked as a Municipal State Aid Streets of said City, subject to the approval of the Commissioner of Transportation of the State of Minnesota. BE IT FURTHER RESOLVED that the City Clerk is hereby authorized and directed to forward two certified copies of this resolution to the Commissioner of Transportation for his consideration and upon his approval of the revocation of said streets or portions thereof. 0 Adopted by the City Council of the City of Andover this ~ day of May ,2007. CITY OF ANDOVER ATTEST: ~ Urtu Victoria Volk - City Clerk Certification I hereby certify that the above is a true and correct copy of a resolution duly passed, adopted and approved by the City Council of said City on May 1,2007. fl.;t;~ ()db Victoria Volk - City Clerk 0 0 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 062-07 A RESOLUTION APPROVING SPEED LIMITS ALONG BUTTERNUT STREET NW (30 MPH), 173RD AVENUE NW (30 MPH) & FLlNTWOOD STREET NW (35 MPH) BETWEEN CROSSTOWN BOULEVARD NW AND 177TH AVENUE NW. WHEREAS, speed limit signs are contingent upon curves and hazards being signed with the appropriate advance curve and warming signs, including appropriate speed advisory plates, in accordance with the Minnesota Manual on Uniform Traffic Control Devices; and WHEREAS, MnDOT has given authorization to lower the speed limit to 30 MPH for Butternut Street NW and 173rd Avenue NW and 35 MPH for Flintwood Street NW; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby approve the 30 MPH speed limit be posted along Butternut Street NW & 173rd Avenue NW and 35 MPH speed limit be posted along Flintwood Street NW between 0 Crosstown Boulevard NW and 177th Avenue NW. Adopted by the City Council of Andover, Minnesota this 1st day of May ,2007. CITY OF ANDOVER ATTEST: ~~~A~ MIchael R. Gamache - Mayor - Il/;:;..J U.I.iJ Victoria Volk - City Clerk 0 0 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 061-07 A RESOLUTION APPROVING A 35 MPH SPEED LIMIT ALONG 161ST AVENUE NW BETWEEN BETWEEN TULIP STREET NW AND ROUND LAKE BOULEVARD NW (CSAH 9). WHEREAS, 35 MPH speed limit signs contingent upon curves and hazards being signed with the appropriate advance curve and warming signs, including appropriate speed advisory plates, in accordance with the Minnesota Manual on Uniform Traffic Control Devices; and WHEREAS, MnDOT has given authorization to lower the speed limit to 35 MPH; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby approve the 35 MPH speed limit be posted along 161st Avenue NW between 0 Tulip Street NW and Round Lake Boulevard NW (CSAH 9). Adopted by the City Council of Andover, Minnesota this 1st day of May , 2007. CITY OF ANDOVER ATTEST: ~~~ - .- (.... O/<~it>-~ Michael R. Gamache - Mayor - Il.z--U/ /),$ Victoria Volk - City Clerk 0 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 060-07 A RESOLUTION APPROVING SPEED LIMITS ALONG TULIP STREET NW BETWEEN 157TH AVENUE NW AND VALLEY DRIVE NW (COUNTY ROAD 58). WHEREAS, the speed limit signs contingent upon curves and hazards being signed with the appropriate advance curve and warming signs, including appropriate speed advisory plates, in accordance with the Minnesota Manual on Uniform Traffic Control Devices; and WHEREAS, MnDOT has given authorization to post the speed limit for the following sections of Tulip Street NW: . 35 miles per hour between the intersection with County State Aid Highway 20 (15ih Avenue NW) and a point approximately 1500 feet north of the intersection with 16151 Avenue NW . 40 miles per hour between a point approximately 1500 feet north of the intersection with 16151 Avenue NW and the intersection with 1681h Avenue NW . 30 miles per hour between the intersection with 1681h Avenue NW and the intersection with County Road 58(Valley Drive NW) NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby approve the speed limits be posted along Tulip Street NW between 157TH Avenue NW and Valley Drive NW (County Road 58). Adopted by the City Council of Andover, Minnesota this 151 day of Mav ,2007. CITY OF ANDOVER ATTEST: ~d .......;.?/ ///C./~ A~-:tf._. ~ ~ fii11chael R. Gamache - Mayor - (L~;A.J ti./b Victoria Volk - City Clerk 0 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 059-07 A RESOLUTION APPROVING THE CITY OF ANDOVER RAIN SENSOR POLICY FOR IRRIGATION SYSTEMS WHEREAS, the City of Andover is a political subdivision and local government unit of Minnesota organized/operating under the laws of the State of Minnesota; and WHEREAS, the City of Andover recognizes the significance of having sound policies in place to comply with recent legislation and for effective City operations; and NOW THEREFORE, BE IT RESOLVED that the City of Andover hereby approves the attached Rain Sensor Policy for Irrigation Systems to assist in the 0 compliance with Mn. Stat. 103G.298 and Federal Water Conservation Standards in the City of Andover. Adopted by the City Council of the City of Andover this 1st day of May ,2007. CITY OF ANDOVER ATTEST: tLJ;;;,".J ilL/,; Victoria Volk - City Clerk 0 C I T Y o F 0 NDOVE 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (763) 755-5100 FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US Policy for Rain Sensor use on Landscape Irrigation Systems Purpose: To establish a policy for the use of a rain sensor device installed on landscape irrigation systems within the City of Andover that conforms to applicable Minnesota State Statute 103G.298 and Federal Water Conservation Standards. Scope: All automatically operated landscape irrigation systems shall have furnished and installed technology that inhibits or interrupts operation of the irrigation system during periods of sufficient moisture. Rain Sensor: 0 All newly installed irrigation systems (commercial or residential) will be required to have rain sensors. Irrigation Systems: All newly installed irrigation systems connected to the municipal water system, whether, aboveground or underground, shall require a permit for connection and shall be installed in accordance with the Plumbing Code of the Minnesota State Statues, Chapter 4715. All plumbing material and installation shall comply with Building Code, Section 326.37. Back Flow Prevention: A City approved back flow prevention device shall be installed (commercial or residential) as part of the irrigation system. This device shall be installed a minimum of 12" higher than the highest sprinkler head. Effective date of policy: This policy shall be effective as of 5-1-07 Modifications of this policy shall be effective on the date said modifications are approved by city Council 0 0 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 058-07 A RESOLUTION APPROVING THE CITY OF ANDOVER SANITARY SEWER MAINTENANCE POLICY WHEREAS, the City of Andover is a political subdivision and local government unit of Minnesota organized/operating under the laws of the State of Minnesota; and WHEREAS, the City of Andover recognizes the significance of having sound policies in place for City operations; and NOW THEREFORE, BE IT RESOLVED that the City of Andover hereby approves the attached Sanitary Sewer Maintenance policy related to efficient and timely maintenance of the sanitary sewer system in the City of Andover. 0 Adopted by the City Council of the City of Andover this 1st day of May , 2007. CITY OF ANDOVER ATTEST: 11 :~;"'.J O./b Victoria Volk - City Clerk 0 0 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (763) 755-5100 FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US SANITARY SEWER MAINTENANCE POLICY 1. Purpose The purpose this policy is to provide the City of Andover's procedures for maintaining its sanitary sewer system in accordance with the administrative rules regulating the capacity, management, operation and maintenance (CMOM) of the municipal wastewater system. These procedures are necessary to prevent sewer backups into homes, businesses and the natural environment. Maintenance also protects and extends the life of the city's sanitary sewer system. The City will provide such maintenance in a safe and cost effective manner, keeping in mind safety, budget, personnel and environmental concerns. The City will use city employees, equipment and/or private contractors to conduct this maintenance. 0 2. Routine Maintenance and Insoection A. Sanitary Sewer Lines 1. Scope of City's Responsibility - The City will maintain the city's sanitary sewer lines. Private property owners are responsible for the maintenance of the private lines from the city's main line to any buildings. 2. Schedule - The City will clean every city sanitary sewer line every 4 to 6 years. 3. Problem Area - This is defined as an area that has had a sewer backup, blockage or a known problem such as grease accumulation or shallow slope. These areas will be inspected and cleaned twice a year. If it is found the problem no longer exists, it will be put back on a regular schedule for cleaning. 4. Equipment - Lines will be cleaned with a Vac/Jet machine. The equipment used with this machine depends upon the location, type of line and if there are any known problems with the line. 5. Television inspection - The lines will be inspected by television camera 0 every 5 to 10 years. Any lines that are located on a street where a street maintenance project is planned will be inspected prior to those projects. The city will also use the camera to inspect any sewer lines in a new development before the city accepts those lines as city lines. Camera 0 inspection will also be available to inspect lines where there are possible problems. 6. Visual inspection - The lines will be visually inspected annually by employees looking down the manholes to determine if there are any problems. 7. Flushing inspection - Every dead-end manhole will be flushed annually to clean out the line and to determine if there are any problems with the flow. B. Sanitary Sewer Lift Stations 1. Schedule - The City will maintain the lift stations annually using specific maintenance that IS reasonable and recommended. That maintenance is reflected in the checklists developed for each lift station. 2. Electrical components - An electrician will be hired annually to inspect and maintain the electrical components of the lift stations. 3. Lift Pumps - The lift pumps at the lift stations will be checked on a 0 daily basis to ensure that the lift stations are working properly and to detect any problems in the system. The pumps will be maintained as per manufactures recommendations. 4. Generators - The permanent generators installed at each lift station will be tested on a weekly basis to ensure proper operation. The maintenance of the generators will be on a contract with a private maintenance company to ensure the reliability to operate when needed. 5. SCADA System - The SCADA system at the Water Treatment Facility controls and monitors all operations of all lift stations to ensure the lift stations are in operation and to callout any emergency which may occur. The SCADA system will be maintained by a private contractor and the city's Information Technologies (IT) department. 3. Emerl!encv Resoonse A. Definition - An emergency response occurs in response to a call from citizens, fellow employees, or an alarm from the SCADA system that indicates there is a possible problem in the sanitary sewer system. B. Response - After receiving notice of a possible problem, an employee will respond and determine if there is problem in the city's system. If there is, he or 0 she will remedy it based on accepted procedures. If necessary, the city employee will obtain assistance from other city employees or outside contractors such as electricians or engineers. If a problem exists outside the city's responsibility, the 0 property owner will be notified of the condition and they are responsible for any maintenance to correct the problem. 4. InflowlIniIltration A. Definitions: Inflow is where storm water is misdirected into the sanitary sewer system through intentional connections such as sump pumps and roof leaders. Infiltration is where storm and ground water get into the sanitary sewer system through cracks or leaks in the sewer pipes or manholes. Inflow and infiltration can lead to backups, overflows, and unnecessary and expensive treatment of storm water. B. Inflow: To reduce inflow, the City has developed a program to eliminate illegal connections to the sanitary sewer system. This includes enforcement of the ordinance banning such connections and public education to encourage voluntary compliance. C. Infiltration: To reduce infiltration, the City employees will annually inspect manholes and repair any that contribute to this problem. The utilization of outside contractors may be necessary to repair any part of the system where the City has no or limited means to do the repair. The sewer lines are maintained and 0 inspected pursuant to Section 2 of this policy. In addition to the routine maintenance, the City has adopted a plan to replace or reline sewer lines that are cracked and in need of repair. 5. Traininl! The City will provide training on a regular basis to employees that will be involved in the routine maintenance to ensure they are adequately prepared to implement the CMOM program and to respond appropriately to emergency situations. Training will also include procedures to follow and on how to use the proper equipment to ensure the safety of the employee and the public. Training will be conducted in-house and from outside sources. 6. Work schedule for citv emolovees City employees will be expected to work eight-hour shifts. In emergencies, employees sometimes have to work in excess of eight-hour shifts. However, because of budget and safety concerns employees may be limited in how long they work. 7. Weather conditions 0 Sewer maintenance operations will be conducted only when weather conditions do not endanger the safety of city employees, the general public and equipment. Factors that may delay sewer maintenance operations include; severe cold, flooding, rain, snow and wind. 0 8. Documentation The City will document all of its inspection, maintenance and emergency responses for its sanitary sewer system. The City will also document any circumstances where something has occurred that limits its ability to comply with this policy. These records will be kept in accordance with the City's record retention schedule. Adopted S - /-0 1 Attest: (L~-,,) uvlb 7<~ City Clerk 0 Updated: 4/07 0 0 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 057-07 A RESOLUTION APPROVING THE CITY OF ANDOVER POTHOLE REPAIR POLICY WHEREAS, the City of Andover is a political subdivision and local government unit of Minnesota organized/operating under the laws of the State of Minnesota; and WHEREAS, the City of Andover recognizes the significance of having sound policies in place for City operations; and NOW THEREFORE, BE IT RESOLVED that the City of Andover hereby approves the attached Pothole Repair Policy related to efficient and timely repair of potholes in the City of Andover. 0 Adopted by the City Council of the City of Andover this 1st day of May ,2007. CITY OF ANDOVER ATTEST: tJ~ (),Lb Victoria Volk - City Clerk 0 0 City of Andover Pothole Repair Policy 1. Introduction The City of Andover believes it is in the best interest of the residents to do the maintenance of City streets. An important part of street maintenance is the repair of potholes. The City will repair potholes in a safe and cost effective manner, keeping in mind safety, budget, personnel, and environmental concerns. The City will use City employees, equipment and/or private contractors to provide this service. Pothole repair is part of the cities overall pavement management program. 2. ADolication This policy applies to City streets. It does not apply to other government roads that go through the City unless there is a specific agreement between the City and the other governmental agency. 3. When will the Citv ReDair Potholes 0 The Street Maintenance Supervisor will decide when to conduct pothole repairs. The Street Maintenance Supervisor or the Street Department Leadperson will inspect the City streets once a year. Crew Repair The City is broken into nine (9) zones, which crews will be assigned in an area to repair any potholes in the area. When this area is completed crews will move unto the next area that would need repair. There will be two crews that will accomplish the repairs in these areas. The first crew will be using a spray patch unit that will inject the patch into the pothole mechanically. This type of repair does not create any street closings or blockages. The second crew will cut out bad sections of the street and replace with new asphalt, which at times will cause the street to be temporarily closed. Each street will be inspected at a minimum of once a year depending on available resources and factors such as weather and other street work that needs to be done. Response to complaints or accidents A crew will be sent out to inspect any street when the City receives a complaint or notice of an accident or damage involving a pothole. 4. Criteria for Pothole Reoair 0 Not every imperfection in a street surface is necessarily considered a pothole in need of repair. The general criteria for repair will be a pothole that is 2 inches or more deep and over 5 inches in diameter. The Street Supervisor or his designated 0 employee will have discretion to decide if a condition is a pothole in need of reparr. 5. How will Potholes be Reoaired Potholes will be repaired temporarily during cold weather with a cold mix or other means. During cold weather, the repairs will be limited to those determined to be hazardous for motor vehicles. In warmer weather and when hot asphalt mix is available, larger potholes will be cut out and the asphalt will be replaced. On all other potholes or depressions a spray-patching unit will be used. In this type of operation the asphalt mix is sprayed into the pothole or depression and the traffic will continue to flow. 6. Priorities and Schedules for Streets Where Potholes will be Reoaired The City has classified City streets based on the street function, traffic volume, and importance to the welfare of the community. The City will repair those streets fIrst that are high volume and high speed routes that connect major sections of the City and provide access for emergency fIre, police, and medical servIces. The City will then work through the nine (9) zones of the City, so that no zone of 0 the City will be neglected during the maintenance repair process. The last priority would be preventive maintenance of City parking lots. 7. Weather Conditions Pothole repairs will be conducted only when weather conditions do not limit the ability to perform the work or when such work would not endanger the safety of City employees and equipment. Factors that may delay repairs are cold temperatures, rain, snow, and ice conditions. 8. Documentation Workers will document all street repairs to potholes that are made under this policy. Records will not necessarily identify each individual pothole, but may show the general street location where repairs were made. 9. Warninl!s Sims or Devices If the City knows of a pothole in a street and is not able to repair it, crews will determine if warning signs or devices should be used. Factors that will be examined will be the location of the pothole, how dangerous it is, and whether a 0 warning sign or device would be effective. pothole policy Rev. 04/25/07 0 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 056-07 A RESOLUTION APPROVING THE CITY OF ANDOVER STREET SWEEPING POLICY WHEREAS, the City of Andover is a political subdivision and local government unit of Minnesota organized/operating under the laws of the State of Minnesota; and WHEREAS, the City of Andover recognizes the significance of having sound policies in place for City operations; and NOW THEREFORE, BE IT RESOLVED that the City of Andover hereby approves the attached Street Sweeping Policy related to efficient and timely street sweeping in the City of Andover and compliance with best management practices 0 for storm water control. Adopted by the City Council of the City of Andover this 1st day of May , 2007. CITY OF ANDOVER ATTEST: ~ I1Lu Victoria Volk - City Clerk Q 0 The City of Andover Street Sweeping Policy 1. Introduction The City of Andover believes that it is in the best interest of the residents for the City to assume basic responsibility of sweeping City streets. Reasonable sweeping is necessary for vehicle and pedestrian safety, water quality issues and environmental concerns (NPDES Requirements). The City will provide such services in a cost-effective manner, keeping in mind safety, budget, personnel and environmental concerns. The City will use City employees, equipment and/or private contractors to provide this service. Completion dates are dependent on weather conditions, personnel and equipment availability. The Street Maintenance Supervisor or his/her designee will be responsible for scheduling of personnel and equipment. 2. When Will the Citv Perform Street Sweeoinl! Ooerations? A. Spring sweeping of snow and ice control aggregate will begin when streets are significantly clear of snow and ice, usually late March or early April, after the risk of late snowfall has passed. Spring sweeping is typically completed by June 1 st. B. Seal coating is a surface application of an asphalt emulsion followed by a layer of 0 small rock that protects the pavement from the deteriorating effects of sun and water plus it provides increased surface friction. Seal coat sweeping will commence two days after application of sealcoat and will be completed within seven days of application. C. Fall sweeping will commence late August or early September and typically is completed by October 15th. Areas with extensive foliage will be swept after most of the leaves have fallen. D. Storm water quality areas will be swept on a priority throughout the year. E. Environmental/general sweeping will be performed on an as needed basis. F. Bituminous milling recovery sweeping will be performed within two (2) days of a grinding, milling or cracksealing operation. G. Erosion/siltation dirt and debris cleanup from construction projects is the responsibility of the developer, contractor or property owner. Except in cases of emergency the streets shall be cleaned and swept the same day if any of the situations above should happen. Upon notification the street is cleared as soon as possible. In an emergency the City may sweep the street and the responsible party will reimburse the City for all associated costs. 0 H. Tree trimming and pruning areas will be swept at the end of each day of the trimming operation. Updated: 4/07 I. Citizen request for sweeping will be evaluated and the Street Maintenance Supervisor 0 will determine the priority. 3. How Will Streets Be Sweot? Sweeping is a slow process with average gutter line speeds for the fIrst sweeping in spring that can be as slow as 2 to 3 miles per hour. The City will sweep with its own equipment and manpower, unless contract services are also required. Normally centerlines are swept after gutter lines are cleaned. Equipment may include mechanical, vacuum or regenerative air sweepers. 4. Priorities The City has classified City streets based on the street function, volume, impact on water quality and environment, and the importance to the welfare of the community. Accordingly sweeping routes will be designed to provide the maximum possible benefit to higher volume and water quality sensitive areas. See attached maps or routes. 5. Weather Conditions Sweeping operations will be conducted when weather conditions permit. Factors that may delay sweeping operations include, temperatures below 320, wind, rain, snow and frozen gutter lines. 0 6. Work Schedule Sweeping operations are performed in conjunction with and can be impacted by the other maintenance operations. Sweeping operations will normally be conducted Monday - Friday, from 7:00 a.m. to 3:30 p.m. Extended workdays and shift changes may be utilized for spring cleanup or emergency sweeping to provide maximum efficiency. For safety reasons, no operator shall work more than a twelve-hour shift in any twenty-four hour period. 7. Sidewalks and Trails The City will sweep trails and sidewalks on collector and arterial streets once in the spring after the snow season has passed and are clear of snow and ice or on an as need basis. 8. Safetv Sand, and seal coat rock, or other dirt and debris on the street can create a potentially dangerous condition for vehicles, motorcyclists, bicyclist and pedestrians. It would not be practical or effective to sign all streets for potential dangerous conditions. During seal coat or milling operations, warning signs indicating loose rock will be placed on each end of collector and arterial streets or other appropriate areas where needed. These signs will remain in place until the street has been swept. Employees will follow all work rules, OSHA 0 regulations, and Federal and State laws to ensure a safe sweeping operation. 9. Miscellaneous Other policies, procedures, maps, and routes associated with street sweeping operations. Updated: 4/07 0 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. ~O. 055-07 A RESOLUTION APPROVING THE CITY OF ANDOVER SNOW AND ICE CONTROL POLICY WHEREAS, the City of Andover is a political subdivision and local government unit of Minnesota organized/operating under the laws of the State of Minnesota; and WHEREAS, the City of Andover recognizes the significance of having sound policies in place for City operations; and NOW THEREFORE, BE IT RESOLVED that the City of Andover hereby approves the attached Snow and Ice Control Policy regarding the efficient and timely removal of snow.and control of ice in the City of Andover. 0 Adopted by the City Council of the City of Andover this 1st day of May ,2007. CITY OF ANDOVER ATTEST: ~alh Victoria Volk - City Clerk 0 0 City of Andover Snow Removal and Ice Control Policy 1. Purpose and Need For Policy The City of Andover, being a growing City needs to a1111ually review and adopt a policy regarding efficient and timely removal of snow and control of ice in order to best provide safe travel for the greatest number of persons. This policy outlines the responsibility within the Public Works Division in order to accomplish this goal. 2. Policy Each year the Public Works Division prepares a map of the City showing public streets, trails, and sidewalk system. The map is then divided into routes for the purpose of snow and ice control. Within each of these areas, starting points will be rotated on all routes so no one will be plowed last every time. Operators will concentrate on higher volume streets within their routes to ensure they have provided access for emergency fIre, police and medical services. The City, however, does not guarantee bare, dry pavement after each snowfall or that streets will be totally free of ice and snow or driving hazards common to Minnesota winter weather. City streets will generally be plowed within 24 hours from the start of a 2" or more snowfall. 0 This requires 10 - 12 hours of plow operations for a normal snowfall of2" to 6". Delays may occur due to equipment breakdowns and/or extreme weather conditions. 3. Procedures The Public Works Division along with the assistance of the Anoka County SherifPs Department monitor street conditions. If conditions warrant attention, the Street Supervisor or designee will notify Public Works perso1111el in accordance with Public Works schedule for emergency call outs. 4. Commencement of Snow and Ice Operations a. Snow accumulations of2" or more will warrant full snowplowing operations. b. Drifting of snow may warrant commencement of full snowplowing operations depending upon conditions. c. Icing of pavements may warrant full salting or sanding operations depending upon extent and conditions. Snow and ice control operations are expensive and involves the use of limited perso1111el and equipment. Consequently snowplowing operations will not generally be conducted for snowfall of less than 2 inches, unless drifting of snow has created hazardous travel conditions. 5. How Snow Will Be Plowed 0 Snow shall be plowed in a manner as to minimize any traffic obstructions. The center of the roadway will be plowed fIrst. The snow shall be pushed from left to right, with the discharge going onto the boulevard area of the right-of-way. It is the departmental goal to have the Updated: 4/07 0 entire street system cleaned after a "typical" snowfall in approximately 10 -12 hours. Depending on snowfall conditions, duration of the storm and equipment breakdowns, clean up operations can fluctuate. 6. Use of Salt Brine and Granular Salt The City is concerned about the effect salt has on the environment and will limit its use for that reason. Therefore, it is City policy to scrape the street surface with underbody plows and then utilizes liquid salt brine sprayed onto the street surface along with granular salt. This provides for traction, but is not intended to provide bare pavement during winter driving conditions. The salt application is generally spread down the centerline of the roadway and limited amounts in cul-de-sacs with larger concentrations at intersections, curves, steep grades and high volume roadways. The City cannot be responsible for damage to grass caused by the salt mixture and therefore will not make repairs or compensate residents for salt damage to turf, plantings or trees in the. street right-of-way. 7. Suspension of Operations Generally, operations shall continue until all roads are passable. Widening and clean up . operations may continue inunediately or on the follow working day depending upon conditions and circumstances. Safety of employees and the public is important; therefore, plowing operations may be halted once employees have worked 14 - 16 hour shifts. Employees will be encouraged to take a 15-minute break for every 4-5 hours worked. 0 Employees will be required to meet with a supervisor after 14 hours to determine if the employee can continue or if the employee should have a minimum of eight hours of off duty rest time at an appropriate location. Depending on the extent of the storm employees from all Public Works Departments, City Hall and Community Center may be called upon to help clean up the affects of the storm. Non-union supervisory staff may also assist in the storm clean up effort in an attempt to lend a "helping hand" and to work together with union staff as a "team". Operations may be suspended during periods of limited visibility. Any decision to suspend operations shall be made by the Public Works Management staff and shall be based on the conditions of the storm. The City will continue to provide access for emergency fIre, police and medical services during a major snow or ice storm. 8. Stake Curbs For Snowplowing When the streets are covered with snow, it is almost impossible for the snowplow operator to determine the edge of the road, especially curbs. Residents are encouraged to stake the edge of curbs with stakes supplied by the Public Works Division. 9. Work Schedule for Snowplow Operators Snowplow operators will be expected to work eight-hour shifts. In severe snow emergencies operators may be required to work in excess of eight-hour shifts. However, because of budget 0 and safety concerns, no operator shall work more than a 16-hour shift in any 24-hour period. Operators will be given a one-hour lunch break within every eight hours worked. After a 16- Updated: 4/07 0 hour day, operators will be given an eight-hour rest period before returning to work. In their absence the operator can be replaced if additional qualified perso1111el are available. 10. Parking on City Streets City Ordinance, Title 6 Chapter 2 prohibits parking on any City street between the hours of I :00 a.m. and 6:00 a.m. from November I st to April 15th or anytime after a 2" snowfall in which there is no parking until the streets have been fully plowed. Parking Ordinance signs have been placed at all major thoroughfares and major arterial street intersections entering the City to help remind residents of this ordinance. 11. Placing Snow on a Public Roadway Minnesota State Statue 160.21,160.2715 and 169.42 prohibit depositing of snow and ice onto public roadways. Placing snow onto a public roadway can subject a person to civil liability if a road hazard, such as slippery area, frozen rut or bump occurs and causes a traffic accident. 12. Property Damage Snow plowing and ice control operations can cause property damage even under the best of circumstances and care on the part of the City. The major types of damage are to improvements in the City right-of-way, which extends approximately lO'to 15' beyond the curb. The intent of the right-of-way is to provide room for snow storage, utilities, sidewalks 0 and other City uses. However, certain private improvements such as mailboxes are required within this area. Therefore, the City will cooperate with the property owner to determine if damage is the responsibility of the City or if the responsibility shall be that of the property owner. At the City's discretion, we will repair a mailbox or reimburse the resident up to $30.00 for damage. The City accepts responsibility for mailboxes, which are allowed to be placed in the road right-of-way if the damage was caused by physical contact of a plow blade, wing or other piece of equipment. Mailboxes should be constructed sturdy enough to withstand snow rolling off a plow or wing; therefore, damage resulting from snow is the responsibility of the resident. Damage to fences, irrigation systems, trees or other private improvements will not be repaired or replaced by the City if they are in the right-of-way. Lawns that are scraped or gouged by City equipment will be repaired by top dressing and se~ing the following spring. Residents are responsible to assist by watering these areas after being repaired. In instances where there is disagreement as to the source of the damage and responsibility, the City shall determine the responsibility. 13. Driveways One of the most frequent and biggest problems in snow removal from public streets is the snow deposited in driveways during plowing operations. Snow being accumulated on a plow blade has no place to go but into driveways. Plow operators make every attempt to minimize the amount of snow deposited in driveways, but amounts can still be significant. Based on 0 priorities and staffing levels, City perso1111el do not provide driveway clean up. Possible exceptions are at the discretion of department management in emergency situations. Updated: 4/07 0 14. How to Keep Your Driveway Entrance from Filling with Snow Throughout the winter months, State, County and City snowplow crews will be out clearing highways, roads and streets during and after each snowfall. Homeowners and other property owners will be clearing their driveways at this same time. Many times while property owners are clearing their driveway a snowplow will go by and fill in the end of the freshly cleared driveway with snow from the street. This is not intentional, but there are ways this inconvenience can be minimized. The diagram below shows how you can clear snow around the end or your driveway opening to reduce the possibility you will have to do more re-clearing after the snowplow goes by on the road next to your driveway. The idea is to place as much snow as possible when clearing your driveway, in the direction of travel downstream on your side of the roadway. Next is to clear an area upstream from your driveway opening to form a "pocket" for the snow from the roadway to go into instead of at the end of your driveway. The result is more of the snow accumulation from clearing the roadway will go into this open pocket area and less at the end of your driveway. A note of caution is in order; please be extremely careful when working next to the roadway especially when snowplowing operations are in progress. Place orilOOaI snow from Clellr tbi$ area of SDOW end or drivewa" on this $ide at end oJ dri~'eway to b form an opening for SDOW 0 from road to go into Oellr tbi$ area of IIDOW 0, at end of dl"iveway to form an opening for SDOW Place miginal snow from from mild to go mto end of drivewa:y on this side 15. Mail Delivery Snowplow operators make every effort to remove snow as close to the curb line as practical and to provide access to mailboxes for mail delivery. However, it is not possible to provide perfect conditions and minimize damage to mailboxes with the size and type of equipment the . City operates. Therefore, the fmal cleaning adjacent to mailboxes is the responsibility of each resident. Residents are encouraged to check with the Postmaster for correct installation procedures for mailboxes. 0 Updated: 4/07 0 16. Fire Hydrants Fire hydrants are critical to minimize the potential losses involved in any fIre. Residents are encouraged to assist the City by clearing hydrants near their property. If possible, they should be cleared five (5) feet on each side to allow Fire Department access. 17. GarbagelRecycling Efficient snowplowing requires that garbage and recycling containers be accessible for pick up and be placed off the street to allow for snow removal. The containers may have to be placed in the driveway to meet both of these requirements. It is the responsibility of the resident to see that containers are not in the way of the snowplow and is also in a spot accessible for garbage and recycling trucks. 18. Sidewalk and Trails The City is responsible for plowing snow from designated sidewalk and trail systems. This however does not include all sidewalks. City sidewalk and trail snowplowing begins as soon as possible after all City streets have been plowed. Sidewalk and trail plowing will occasionally not be started until the following workday. This will be determined by the severity of the weather, personnel and equipment. Sidewalks and trails are cleared of accumulated snow but will not be maintained to a "clean pavement" condition. 0 19. Parking Lots The City is responsible for snow and ice removal of City facility parking lots. These facilities include: . City Hall/Senior Center Complex . All three Fire Stations . Water Treatment Plant . Andover Community Center/YMCA . Public Works Facility . City Park parking lots as listed: Hawkridge Park, Pleasant Oaks Park, Hidden Creek North Park, Prairie Knoll Park, Fox Meadows Park, Kelsey Round Lake Park, Andover Station North Park, Crooked Lake Boat Landing, Lions Park, Shadowbrook Park, Wild Iris Park, City Hall North Park. . Driveways for 9 Sanitary Sewer Lift Stations . Driveways for 9 City Well House Locations . Water Tower Driveways (2) The City does not guarantee these parking lots and driveways will be free from driving and walking hazards common to Minnesota winter weather and may be partially covered with snow and/or ice. 20. Complaints 0 Complaints regarding snow and ice control or damage shall be taken during normal working hours and handled in accordance with normal City operating procedures. Complaints involve Updated: 4/07 0 access to property or problems requiring immediate attention shall be handled on a priority basis. Response time should not exceed 24-hours for most complaints. It should be understood that complaint responses are to ensure that provisions of this policy have been fulfilled and all residents of the City have been treated uniformly. It is the City's intention to log all complaints and upgrade this policy as necessary in consideration of the constraints of our resources. Please call the Public Works Division at 763-755-8118 or fill out an on-line comment at www.ci. andover.1l111.us to register a complaint. 0 0 Updated: 4/07 0 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 054-07 MOTION by Council member Orttel to adopt the following: A RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR THE IMPROVEMENT OF PROJECT NO. 06-37 FOR INTERSECTION IMPROVEMENTS FOR 161ST AVENUE NW & CRANE STREET NW . WHEREAS, pursuant to advertisement for bids as set out in Council Resolution No. 031-07 , dated March 6, 2007, bids were received, opened and tabulated according to law with results as follows: Rum River Contracting $143,549.48 W.B. Miller, Inc. $145,775.50 North Valley, Inc. $157,237.20 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby accept the bids as shown to indicate Rum River Contractinq as being 0 the apparent low bidder. BE IT FURTHER RESOLVED TO HEREBY direct the Mayor and City Clerk to enter into a contract with Rum River Contractinq in the amount of $ 143.549.48 for construction of the improvements; and direct the City Clerk to return to all bidders the deposits made with their bids, except that the deposit of the successful bidder and the next lowest bidder shall be retained until the contract has been executed and bond requirements met. MOTION seconded by Council member Kniaht and adopted by the City Council at a reqular meeting this 1 ih day of April , 2007 , with Council members Orttel. Kniqht. Gamache. Trude. Jacobson voting in favor of the resolution, and Council members none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: 0 !1_z:;~ ()d; Victoria Volk - City Clerk 0 CITY OF ANDOVER COUNTYOFANOKA STATE OF MINNESOTA RES. NO. 053-07 A RESOLUTION APPROVING A CONDITIONAL USE PERMIT FOR THE REDEVELOPMENT PLANNED UNIT DEVELOPMENT LOCATED AT 13423 CROOKED LAKE BOULEVARD NW (33-32-24-43-0047) LEGALLY DESCRIBED AS: That part of Lot 1, Block 2 EAST BROOK TERRACE, according to the recorded plat thereof, Anoka County, Minnesota, lying west of the east 95 feet thereof. WHEREAS, Dennis Steinlicht has requested approval of a Redevelopment PUD in conjunction with a lot split pursuant to City Code Title 13 Chapter 3, located at 13423 Crooked Lake Blvd NW, and; WHEREAS, the property has met the following criteria: 1) The existing structure on the property at least 30 years old, or 2) The existing structure fails to meet current building codes. 3) The current structure has a blighting effect on the surrounding neighborhood. 0 4) The submitted architectural plans for new houses to be built on the newly-created lots conform to the existing neighborhood, and; WHEREAS, the existing structure will be removed as part of the redevelopment of the property, and; WHEREAS, the development standards for this Redevelopment Planned Unit Development shall be as follows: Parcel A Parcel B Lot Width 84.92 feet 80 feet Lot Depth 134.90 feet 134.87 feet Lot Area 11,392 sq. ft. lO,800 sq. ft. WHEREAS, the houses built on the new lots shall conform in all ways to the architectural plans submitted with the Lot Split Application dated March 30, 2007, and; WHEREAS, all development standards for this project other than those defined in this Resolution must conform to the City Code, and; WHEREAS, the Planning Commission has reviewed the request and has determined that 0 this PUD request meets the criteria of City Code 13-3-13 Redevelopment PUD's, and; 0 WHEREAS, the Planning Commission finds the request would not have a detrimental effect on the health, safety, and general welfare of the City of Andover, and; WHEREAS. The Planning Commission recommends to the City Council approval of the Conditional Use Permit for a Redevelopment PUD, and; WHEREAS, the Council finds the proposed use will not be detrimental to the health, safety, morals and general welfare of the occupants ofthe surrounding lands, and; WHEREAS, the Council finds the architectural plans acceptable and in keeping with the surrounding neighborhood, and; NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby agrees with the recommendation of the Planning and Zoning Commission and approves the Conditional Use Permit for the Redevelopment Planned Unit Development. Adopted by the City Council of the City of Andover on this 17th day of April 2007. CITY OF ANDOVER 0 ATTEST: l~ /)..//-/ Victoria V olk, City Clerk 0 0 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R052-07 A RESOLUTION APPROVING THE LOT SPLIT REQUEST FOR DENNIS STEINLICHT TO SUBDIVIDE INTO TWO PARCELS PROPERTY LOCATED AT 13423 CROOKED LAKE BOULEVARD NW (33-32-24-43-0047) LEGALLY DESCRIBED AS: That part of Lot 1, Block 2, EAST BROOK TERRACE, according to the recorded plat thereof, Anoka County, Minnesota, lying west of the east 95 feet thereof. To be divided into properties to be described as; PARCEL A: That part of Lot l, Block 2, EAST BROOK TERRACE, according to the recorded plat thereof, Anoka County, Minnesota, lying west of the east 175.00 feet thereof. PARCEL B: The west 80.00 feet of the east 175.00 feet of Lot 1, Block 2, EAST BROOK TERRACE, according to the recorded plat thereof, Anoka County, Minnesota. WHEREAS, Dennis Steinlicht has requested approval of a lot split to subdivide property 0 pursuant to City Code Title 13 Chapter l, located at l3423 Crooked Lake Blvd NW, and; WHEREAS, the lot split will follow the following Development Standards, as defined in CUP 07-07: 1) The lot size for Parcel A will be 11,392 square feet. 2) The lot width for parcel A will be 84.92 feet. WHEREAS, the City Council is reviewing these standards under City Code 13-3-13 Redevelopment PUD, and; WHEREAS, the Planning and Zoning Commission has reviewed the request and has determined that said request meets the criteria of City Code Title 13 Chapter 1, "Planned Unit Developments", and; WHEREAS, the Planning and Zoning Commission finds the request would not have a detrimental effect upon the health, safety, morals and general welfare of the City of Andover, and; WHEREAS, a public hearing was held pursuant to state statutes, and; WHEREAS, the Planning and Zoning Commission recommends to the City Council approval of the lot split as requested, and; 0 0 NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby agrees with the recommendation of the Planning and Zoning Commission and approves the lot split on said property with the following conditions: 1. Subject to the approval of Redevelopment PUD request CUP 07-07. 2. Both lots shall be connected to municipal sewer and water. Assessments shall be paid as calculated by the City Clerk. 3. The applicant shall be required to pay a Trail fee in the amount of $612. 4. The applicant shall be required to pay a Park Dedication fee in the amount of $2,515. 5. The applicant shall record the lot split with Anoka County. 6. Separate documents shall be submitted establishing 5-foot drainage and utility easements on both sides of the new property line between the two lots. 7. The existing driveway on Crooked Lake Boulevard shall be removed and both new lots shall have driveways on 134th Avenue NW. 0 8. The new deeds for the property shall contain the legal descriptions included in this resolution. 9. That the lot split be subject to a sunset clause as defmed in City Code Title 13 Chapter 1. lO. The existing house and garage shall be razed prior to the issuance of a building permit for construction on Parcel A or Parcel B. 11. Any deferred or pending assessments for this property shall be paid as a part of this lot split. Adopted by the City Council of the City of Andover on this 1 ih day of April 2007. CITY OF ANDOVER ATTEST: ~ (J,,4 Victoria V olk, City Clerk 0 0 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO R051-07 A RESOLUTION APPROVING THE FINAL PLAT OF "SMITH ADDITION" FOR PROPERTY LOCATED AT 17919 AND 17987 TULIP STREET NW AND LEGALLY DESCRIBED AS: The Northwest Quarter of the Northeast Quarter (NW1/4 ofNEI/4) except the following portions of the said Northwest Quarter ofthe Northeast Quarter (NW1/4 ofNE1/4) to-wit: Commencing at the Northwest corner of the said Northwest Quarter of the Northeast Quarter (NW1/4 ofNE1/4) thence South along the west line thereof 14 rods, thence east 12 rods, thence north 14 rods, thence west 12 rods'to the place of beginning; all in Section Five (5), Township Thirty-two (32), Range Twenty-four (24) according to the United States Government Survey thereof; AND EXCEPT That part of the Northwest Quarter ofthe Northeast Quarter (NW1/4 ofNE1/4) of Section Five 0 (5), Township Thirty-two (32), Range Twenty-four (24), Anoka County, Minnesota described as follows: Commencing at a point on the North line of said Northwest 1/4 of the Northeast 1/4 distant 198 feet East from the Northwest comer of said Northwest 1/4 of the Northeast 1/4; thence East along said North line to a point 852 feet East of the Northwest comer of said NW1/4 of the NE 1/4; thence South and parallel to the West line of said NW 1/4 of the NE 1 14 a distance of 300 feet; thence West and parallel with the North line of said NW1/4 of the NEI/4 to a point 198 feet East of the West line of said NW1/4 ofNE1/4, thence North and parallel to the West line of said NWI/4 of the NE1/4 a distance of 300 feet to the point of commencement. AND EXCEPT That part of the Northwest Quarter (NWI/4) of the Northeast Quarter (NE1/4) now known as Tracts A, B, C,D, and E, Revised Registered Land Survey No.7, files of the Registrar of Titles, County of Anoka, AND EXCEPT The South 69 feet of the North 300 feet of the West 198 feet of the Northwest Quarter of the Northeast Quarter (NW1/4 ofNE1/4) of Section Five (5), Township Thirty-two (32), Range Twenty-four (24), Anoka County, Minnesota, as measured along the West and North lines of 0 said quarter-quarter. Tract A, Revised Registered Land Survey No. 7, files of the Registrar of Titles, County of Anoka. 0 Tract A, Registered Land Survey No. 47, files of the Registrar of Titles, County of Anoka, State of Minnesota. WHEREAS, the City Council has approved the preliminary plat of the project to be known as "Smith Addition"; and WHEREAS, the property owners have presented a final plat of the Smith Addition; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby approve the final plat of Smith Addition contingent upon the following: 1. The plat shall conform to the final plat stamped received by the City of Andover April 4, 2007 and shall be subject to all of the conditions of Preliminary Plat Resolution R045-07. 2. Contingent upon staff review and approval for compliance with City ordinances, policies and guidelines. 3. Such plat approval is contingent upon a development agreement acceptable to the City Attorney. A financial guarantee is required as a part of this agreement to assure all of the subdivision improvements will be completed. Adopted by the City Council of the City of Andover this 1 ih day of April, 2007. CITY OF ANDOVER 0 ATTEST: IL4:...; /J~ ~~~ Victoria V olk, City Clerk Ichael R. Gamache, Mayor 0 CITY OF ANDOVER 0 COUNTY OF ANOKA STATE OF MINNESOTA RES. NO R050-07 A RESOLUTION APPROVING THE FINAL PLAT OF "P ARKSIDE AT ANDOVER STATION FOURTH ADDITION" ON PROPERTY LOCATED IN SECTION 34, TOWNSHIP 32, RANGE 24, LEGALLY DESCRIBED AS: Outlot D, PARKSIDE AT ANDOVER STATION 2nd Addition, according to the recorded plat thereof, Anoka County, Minnesota WHEREAS, the City Council has approved the preliminary plat of the project to be known as "Parkside at Andover Station"; and WHEREAS, the Developer has presented a final plat of Parks ide at Andover Station 4th Addition; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby approve the final plat of Parks ide at Andover Station 4th Addition contingent upon the following: 1. The plat shall conform to the final plat stamped received by the City of Andover 0 March 29,2007 and shall be subject to all of the conditions of Preliminary Plat Resolution R068-06. 2. Park dedication and trail fees shall be paid on a per unit basis at the rate in effect at the time of preliminary plat approval and subject to increase as provided by state statute. This payment shall be based on the number of units on the final plat and shall be made prior to the City's release of the final plat. 3. The developer shall be required to record an addendum to include the lots created with this final plat in the established property owners association. 4. Contingent upon staff review and approval for compliance with City ordinances, policies and guidelines. 5. Such plat approval is contingent upon a development agreement acceptable to the City Attorney. A [mancial guarantee is required as a part of this agreement to assure all of the subdivision improvements will be completed. Adopted by the City Council of the City of Andover this 17th day of April, 2007. CITY OF ANDOVER ATTEST: a .k': /./ /J/L- Victoria V olk, City Clerk 0 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO R049-07 A RESOLUTION APPROVING THE FINAL PLAT OF "P ARKSIDE AT ANDOVER STATION THIRD ADDITION" ON PROPERTY LOCATED IN SECTION 34, TOWNSHIP 32, RANGE 24, LEGALLY DESCRIBED AS: Outlot A, PARKSIDE AT ANDOVER STATlON 2nd Addition, according to the recorded plat thereof, Anoka County, Minnesota WHEREAS, the City Council has approved the preliminary plat of the project to be known as "Parkside at Andover Station"; and WHEREAS, the Developer has presented a final plat of Parks ide at Andover Station 3rd Addition; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby approve the final plat of Parks ide at Andover Station 3rd Addition contingent upon the following: 1. The plat shall conform to the final plat stamped received by the City of Andover March 0 29,2007 and shall be subject to all of the conditions of Preliminary Plat Resolution R068-06. 2. Park dedication and trail fees shall be paid on a per unit basis at the rate in effect at the time of preliminary plat approval and subject to increase as provided by state statute. This payment shall be based on the number of units on the final plat and shall be made prior to the City's release of the final plat. 3. The developer shall submit a trail easement document in a form acceptable to the city to cover the private driveway and area to the north edge of the plat within this final plat. 4. The developer shall be responsible for the cost of construction of a trail at the northwest corner of the plat as approved with the Preliminary Plat. 5. The developer shall be required to record an addendum to include the lots created with this final plat in the established property owners association. 6. Contingent upon staff review and approval for compliance with City ordinances, policies and guidelines. 7. Such plat approval is contingent upon a development agreement acceptable to the City Attorney. A financial guarantee is required as a part of this agreement to assure all of the subdivision improvements will be completed. Adopted by the City Council of the City of Andover this 17th day of April, 2007. CITY OF ANDOVER A T~EST: 0 'c-<:ff~ {J,,/b Victoria V olk, City Clerk 0 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 048-07 MOTION by Council member Trude to adopt the following: A RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR THE IMPROVEMENT OF PROJECT NO. 07-3 FOR 2007 CRACK SEALING. WHEREAS, pursuant to advertisement for bids as set out in Council Resolution No. 032-07 ,dated March 6, 2007, bids were received, opened and tabulated according to law with results as follows: Northwest Asphalt Maintenance, Inc. $130,680.00 Precision Sealcoating, Inc. $138,402.00 Bergman Companies, Inc. $161,865.00 American Pavement Solutions, Inc. $161,865.00 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby accept the bids as shown to indicate Northwest Asphalt Maintenance. Inc. as 0 being the apparent low bidder. BE IT FURTHER RESOLVED TO HEREBY direct the Mayor and City Clerk to enter into a contract with Northwest Asphalt Maintenance. Inc. in the amount of $ 130.680.00 for construction of the improvements; and direct the City Clerk to return to all bidders the deposits made with their bids, except that the deposit of the successful bidder and the next lowest bidder shall be retained until the contract has been executed and bond requirements met. MOTION seconded by Council member Jacobson and adopted by the City Council at a reaular meeting this 1 yth day of April , 2007 , with Council members Orttel. Kniaht. Gamache. Trude. Jacobson voting in favor of the resolution, and Council members none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: 0 0.. :~:J {)v/L; Victoria Volk - City Clerk 0 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 047-07 MOTION by Council member Trude to adopt the following: A RESOLUTION APPROVING FINAL PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR PROJECT NOS. 05-61 (CROSSTOWN BLVD. NW & NIGHTINGALE ST. NW) & 06-50 (CROSSTOWN BLVD. NW TRAIL). WHEREAS, pursuant to Resolution No. 035-07 , adopted by the City Council on the 20th day of March , 2007, the City Enoineer has prepared final plans and specifications for Project Nos. 05-61 (Crosstown Blvd. NW& Niohtinoale St. NW) & 06-50 (Crosstown Blvd. NW Trail); 06-37. WHEREAS, such final plans and specifications were presented to the City Council for their review on the 1 yth day of April , 2007 . NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of 0 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 AM , May 11 ,2007 at the Andover City Hall. MOTION seconded by Council member Jacobson and adopted by the City Council at a reoular meeting this 1 yth day of April , 2007 , with Council members Orttel, Knioht. Gamache. Trude. Jacobson voting in favor of the resolution, and Council members none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: 0 /l.~ t1&i Victoria Volk - City Clerk 0 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA R046-07 A RESOLUTION APPROVING TIffi PRELIMINARY PLAT OF "SMITH ADDITION" FOR PROPERTY LOCATED AT 17919 AND 17987 TULlP STREET NW AND LEGALLY DESCRIBED AS: The Northwest Quarter of the Northeast Quarter (NW1/4 ofNE1/4) except the following portions of the said Northwest Quarter of the Northeast Quarter (NW1/4 ofNE1/4) to-wit: Commencing at the Northwest corner of the said Northwest Quarter of the Northeast Quarter (NWl/4 ofNEl/4) thence South along the west line thereof 14 rods, thence east 12 rods, thence north 14 rods, thence west 12 rods to the place of beginning; all in Section Five (5), Township Thirty-two (32), Range Twenty-four (24) according to the United States Government Survey thereof; AND EXCEPT That part of the Northwest Quarter of the Northeast Quarter (NWl/4 ofNE1/4) of Section Five 0 (5), Township Thirty-two (32), Range Twenty-four (24), Anoka County, Minnesota described as follows: Commencing at a point on the North line of said Northwest 1/4 of the Northeast 1/4 distant 198 feet East frorn the Northwest comer of said Northwest 1/4 of the Northeast 1/4; thence East along said North line to a point 852 feet East of the Northwest corner of said NW1/4 of the NE1/4; thence South and parallel to the West line of said NW l/4 of the NEl/4 a distance of 300 feet; thence West and parallel with the North line of said NW1/4 of the NE1/4 to a point 198 feet East of the West line of said NW1/4 ofNEl/4, thence North and parallel to the West line of said NW1/4 of the NE1/4 a distance of 300 feet to the point of commencement. AND EXCEPT That part of the Northwest Quarter (NW1/4) of the Northeast Quarter (NE1/4) now known as Tracts A, B, C,D, and E, Revised Registered Land Survey No.7, files of the Registrar of Titles, County of Anoka, AND EXCEPT The South 69 feet of the North 300 feet of the West 198 feet of the Northwest Quarter of the Northeast Quarter (NWI/4 ofNE1/4) of Section Five (5), Township Thirty-two (32), Range 0 Twenty-four (24), Anoka County, Minnesota, as measured along the West and North lines of said quarter-quarter. Tract A, Revised Registered Land Survey No.7, files of the Registrar of Titles, County of Anoka. 0 Tract A, Registered Land Survey No. 47, files of the Registrar of Titles, County of Anoka, State of Minnesota. WHEREAS, the Andover Review Committee has reviewed the preliminary plat; and WHEREAS, pursuant to published and mailed notice thereof, the Planning and Zoning Commission has conducted a public hearing on said plat; and WHEREAS, the applicant has petitioned to vary from City Code 12-4-5 to allow a variance to the required 50 foot front yard setback from Tulip Street NW; and WHEREAS, it is recommended that a variance be granted to allow the existing home at 17919 Tulip Street NW to be expanded in any direction that does not further encroach toward Tulip Street NW. If the existing house is damaged beyond 50% of its assessed value it shall be required to be removed and reconstructed in compliance with all applicable setbacks. WHEREAS, the Planning Commission finds the additional 27 feet of right-of-way dedicated as a part of this plat causes the front yard setback of the existing home to be reduced below the required 50 feet, through no fault of the owner; and WHEREAS, as a result of such public hearing, the Planning and Zoning Commission 0 recommends to the City Council the approval of the plat and variance to the front yard setback; and WHEREAS, the City Council finds that the variance will not be detrimental to the health, safety, welfare or values of the surrounding properties. The additional right-of-way dedicated as a part of the plat constitute an "undue hardship" and the finding to grant the variance requested. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover has received the recommendation of the Planning and Zoning Commission and approves the preliminary plat with the following conditions: 1. The Preliminary Plat shall conform to the plans revised February 21, 2007 and stamped received by the City of Andover on March 6, 2007. 2. Park dedication and trail fees shall be paid for one lot. Additional subdivision of the subject property in the future shall be subject to addition park dedication and trail fees. 3. A variance is granted to allow the existing home at 17919 Tulip Street NW to be expanded in any direction that does not further encroach toward Tulip Street NW. If the existing house is damaged beyond 50% of its assessed value it shall be required to be removed and reconstructed in compliance with all applicable setbacks. 0 4. The lot line between 17987 Tulip Street and 17919 Tulip Street shall be adjusted as shown on the plat. 5. Quay Street NW shall be required to be constructed north from l78th Lane NW at the time Lot 3, Blockl is further subdivided and/or developed. A driveway to serve the 0 future home on Lot 3, Block 1 shall be built to meet the Fire Chiefs requirements. Any driveway existing within right-of-way or easement for Quay Street NW shall be removed at the time Quay Street is constructed. 6. Dedication of additional 27 feet of right -of-way for Tulip Street as shown on the plat; and compliance with all Anoka County Highway Department requirements. Also dedication of a 0.53 acre residual parcel along 181s! Avenue NW to the north of Tracts B-E ofR.L.S. No.7 shall be dedicated to Anoka County as a part of this plat approval. 7. Contingent upon staff review and approval for compliance with City ordinances, policies and guidelines and a development agreement acceptable to the City Attorney. A financial guarantee will be required as a part of this agreement to assure typical subdivision improvements will be completed. Adopted by the City Council of the City of Andover this 3rd day of April, 2007. ATTEST: ()~ 1~~ ()~ Victoria V olk, City Clerk C 0 [I CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 045-07 A RESOLUTION APPROVING THE CONDITIONAL USE PERMIT REQUEST FOR A FARM WINERY AT 3482 165th LANE NW, LEGALLY DESCRIBED AS: Lot 3, Block 4, Timber Meadows Second Addition, Anoka County, Minnesota WHEREAS, Mark D. Hedin has requested approval of a conditional use permit for a farm winery on the subject property, and; WHEREAS, the Planning Commission has reviewed the request and has determined that said request meets the criteria of City Code 12-14-6 Conditional Uses and 12-9-12 Farm Wineries, and; WHEREAS, the Planning Commission finds the request would not have a detrimental effect on the health, safety, and general welfare ofthe City of Andover, and; WHEREAS. The Planning Commission recommends to the City Council approval of the Conditional Use Permit request; NOW, THEREFORE, BE IT RESOLVED, that the City Council ofthe City of Andover hereby agrees with the recommendation ofthe Planning Commission and approves the Conditional Use Permit for a farm winery, subject to the following conditions: 1) The farm winery shall have an annual wine production limit of 1,000 gallons and submit copies ofthe Federal and State Reports to the City Clerk regarding annual production. 2) The farm winery shall comply with all regulations listed in City Code 12-9 in its entirety. 3) The Conditional Use Permit shall be subject to a sunset clause as defined in City Code 12-14-6. 4) This Conditional Use Permit shall be subject to annual review. Adopted by the City Council of the City of Andover on this 3rd day of April, 2007. CITY OF ANDOVER ATTEST: ./LZrM (J,./b Victoria V olk, City Clerk --------------- 0 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 044-07 MOTION by Council member Jacobson to adopt the following: A RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR THE IMPROVEMENT OF PROJECT NO. 07-8 FOR ANDOVER STATION NORTH BALL FIELD LIGHTING. WHEREAS, pursuant to advertisement for bids as set out in Council Resolution No. 021-05 ,dated February 20, 2007, bids were received, opened and tabulated according to law with results as follows: Contractor Base Bid Amount Alt. #1Amount Total Amount Starry Electric, Inc. $139,832.00 $116,985.00 $256,817.00 Klein Electric $159,000.00 $114,000.00 $273,000.00 Killmer Electric $164,620.00 $111,542.00 $276,162.00 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover 0 to hereby accept the bids as shown to indicate Starry Electric, Inc. as being the apparent low bidder. BE IT FURTHER RESOLVED TO HEREBY direct the Mayor and City Clerk to enter into a contract with Starry Electric. Inc. in the amount of $256.817.00 for construction of the improvements; and direct the City Clerk to return to all bidders the deposits made with their bids, except that the deposit of the successful bidder and the next lowest bidder shall be retained until the contract has been executed and bond requirements met. MOTION seconded by Council member Kniqht and adopted by the City Council at a reqular meeting this 3rd day of Aoril , 2007 , with Council members Orttel. Kniqht. Trude. Jacobson. Gamache voting in favor of the resolution, and Council members none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: 0 !.LI--~ tJvft Victoria Volk - City Clerk 0 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 043-07 A RESOLUTION OF SUPPORT FOR DULUTH TO TWIN CITIES PASSENGER RAIL SERVICE. WHEREAS, the City of Andover is a political subdivision and local government unit of Minnesota organized/operating under the laws of the State of Minnesota; and WHEREAS, the City of Andover has knowledge of efforts underway to restore passenger railroad service between Duluth and the Twin Cities; and WHEREAS, the City of Andover recognizes the significance of passenger rail service and other transportation modes throughout the State of Minnesota; and WHEREAS, the City of Andover believes passenger rail service between 0 Duluth and the Twin Cities will benefit the region of Minnesota that includes the City of Andover providing convenient, efficient and dependable travel. NOW THEREFORE, BE IT RESOLVED that the City of Andover hereby supports the continued research of the restoration of passenger rail service between Duluth and the Twin Cities in anticipation that such restoration may lead to future opportunities for a commuter rail station in the City of Andover Adopted by the City Council of the City of Andover this 3rd day of April ,2007. CITY OF ANDOVER ATTEST: ~ IJttib Victoria Volk - City Clerk Q 0 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 042-07 A RESOLUTION DESIGNATING NO PARKING ALONG BOTH SIDES OF 139TH LANE NW FROM LINNET STREET NW, TO JAY STREET NW, PROJECT NO. 05-15. WHEREAS, no parking will be allowed along both sides of 139th Lane NW from Linnet Street NW to Jay Street NW" Project 05-15; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to designate the no parking zone. Adopted by the City Council ofthe City of Andover this ~ day of April , 2007. 0 ATTEST: tl:~~ !J,& Victoria Volk - City Clerk 0 0 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 041-07 MOTION by Councilmember Orttel to adopt the following: A RESOLUTION APPROVING CHANGE ORDER #....l:.- TO PROJECT NO. 02-33, ANDOVER STATION NORTH. WHEREAS, the City of Andover has a contract for Project No. 02-33 with North Pine Aqqreqate. Inc. of Forest Lake. MN NOW THEREFORE, BE IT RESOLVED by the City Council of Andover to hereby approve the change order to Project No. 02-33. Adopted by the City Council of the City of Andover this 3rd day of 0 April , 2007. CITY OF ANDOVER ATTEST: tU~/)~ Victoria Volk - City Clerk 0 0 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 040-07 A RESOLUTION ESTABLISHING MUNICIPAL STATE AID STREETS. WHEREAS, it appears to the City Council of the City of Andover that the streets hereinafter described should be designated as Municipal State Aid Streets under the provisions of Minnesota Laws of 1967 Chapter 162; and NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Andover that these streets described as follows, to wit: . Crosstown Boulevard NW from Hanson Boulevard NW to Prairie Road NW and Crosstown Boulevard NW from 157'h Avenue NW to 16151 Avenue NW to be and hereby established, located and designated as Municipal State Aid streets of said City, subject to the approval of the Commissioner of Transportation of the State of Minnesota. 0 BE IT FURTHER RESOLVED that the City Clerk is hereby authorized and directed to forward two certified copies of this resolution to the Commissioner of Transportation for their consideration and upon his approval of the designation of said streets or portion thereof, that same be constructed, improved and maintained as Municipal State Aid Streets of the City of Andover and to be known as Municipal State Aid Streets. Adopted by the City Council of the City of Andover this 3rd day of April ,2007 . CITY OF ANDOVER ATTEST: t1Jl;J~ /)~ Victoria Volk - City Clerk Certification I hereby certify that the above is a true and correct copy of a resolution duly passed, 0 adopted and approved by the City Council of said City on April 3, 2007. ()~ ()vfb Victoria Volk - City Clerk 0 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 039-07 MOTION by Council member Orttel to adopt the following: A RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR THE IMPROVEMENT OF PROJECT NO. 07-2 FOR 2007 OVERLAYS. WHEREAS, pursuant to advertisement for bids as set out in Council Resolution No. 023-05 ,dated February 20, 2007, bids were received, opened and tabulated according to law with results as follows: Contractor Base Bid Amount Alt. #1Amount Total Amount Knife River $798,252.97 $28,112.30 $826,365.27 North Valley, Inc. $852,842.92 $23,237.50 $876,080.42 Astech Surface Technologies $872,304.14 $21,125.40 $893,429.54 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby accept the bids as shown to indicate Knife River as being the apparent 0 low bidder. BE IT FURTHER RESOLVED TO HEREBY direct the Mayor and City Clerk to enter into a contract with Knife River in the amount of $826,824.27 (base & alternate bid) for construction of the improvements; and direct the City Clerk to return to all bidders the deposits made with their bids, except that the deposit of the successful bidder and the next lowest bidder shall be retained until the contract has been executed and bond requirements met. MOTION seconded by Council member Kniqht and adopted by the City Council at a reqular meeting this 3rd day of April , 2007 , with Council members Orttel. Kniqht. Trude, Jacobson. Gamache voting in favor of the resolution, and Council members none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: Ichael R. Gamache - Mayor 0 ~I/d Victoria Volk - City Clerk 0 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RESOLUTION R 38-07 A RESOLUTION FOR PARTICIPATION IN THE ANOKA COUNTY CDBG AND HOME PROGRAMS. WHEREAS, the City Council feels it is important for the city to participate in the Anoka County CDBG and HOME Programs. NOW, THEREFORE, BE IT RESOLVED that the City of Andover participate in the Anoka County CDBG and HOME programs and authorize the Mayor and City Clerk to execute the Cooperative Agreement. 0 Adopted by the City Council of the City of Andover this 20th day of March, 2007. CITY OF ANDOVER Attest: ~()d Victoria V olk - City Clerk 0 CITY OF ANDOVER 0 COUNTYOFANOKA STATE OF MINNESOTA RES. NO. R037-07 A RESOLUTION APPROVING THE CONDITIONAL USE PERMIT REQUEST OF JOHN MADDlO FOR THE OPERATION OF AN ON-SITE DRY-CLEANING BUSINESS ON PROPERTY LOCATED AT 13783 IBIS STREET NW, (PIN 32-32-24-14-0013) LEGALLY DESCRIBED AS: The North 195 feet of Lot 5, Block 3 Andover Station North, Anoka County, Minnesota, CIC Plat Number 258, North Pointe Plaza Condominium, Unit 200. WHEREAS, John Maddio has requested a Conditional Use Permit for operation of an on-site dry- cleaning business, and; WHEREAS, the Planning and Zoning Commission has reviewed the request and has determined that said request meets the criteria of City Code, and; WHEREAS, the Planning and Zoning Commission finds the request would not have a detrimental effect upon the health, safety, and general welfare of the City of Andover, and; 0 WHEREAS, the Planning and Zoning Commission recommends to the City Council approval of the Conditional Use Permit request; NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby agrees with the recommendation of the Planning and Zoning Commission and approves the Conditional Use Permit for the operation of an on-site dry-cleaning business on said property with the following conditions: 1. The site shall conform in all ways with the Andover City Code and the requirements of all other regulating agencies. 2. The operation shall be allowed to process clothes accepted on site and from up to four remote drop-off sites. 3. The Conditional Use Permit shall be subject to a sunset clause as per section 12-14-6-D of the Andover City Code. Adopted by the City Council of the City of Andover on this 20th day of March 2007. CITY OF ANDOVER ATTEST: ().~ [)./I; 0 Victoria V olk, City Clerk 0 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 036-07 MOTION by Councilmember Trude to adopt the following: A RESOLUTION ORDERING IMPROVEMENT AND DIRECTING PREPARATION OF PLANS AND SPECIFICATIONS FOR THE IMPROVEMENT OF PROJECT NOS. 06-22 (CROOKED LAKE BOAT LANDING), 07-9 (TERRACE PARK) & 07-18 (160TH LANE NW CUL-DE-SAC). WHEREAS, the City Council is cognizant of the need for the improvements; and NOW, THEREFORE BE IT RESOLVED by the City Council to order the improvement of Project Nos. 06-22 (Crooked Lake Boat Landino), 07-9 (Terrace Park & 07-18 (160th Lane NW Cul-De-Sac); and 0 BE IT FURTHER RESOLVED by the City Council to hereby direct the ....9!Y.. Enoineer to prepare the plans and specifications for such improvement projects. MOTION seconded by Councilmember o rtte I and adopted by the City Council at a reoular meeting this 20th day of March , 2007 , with Council members Trude, Orttel, Knioht. Gamache. Jacobson (absent) voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: ~ ()'/b Victoria Volk - City Clerk 0 0 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 035-07 MOTION by Council member Trude to adopt the following: A RESOLUTION ORDERING IMPROVEMENT AND DIRECTING PREPARATION OF PLANS AND SPECIFICATIONS FOR THE IMPROVEMENT OF PROJECT NOS. 05-61 (CROSSTOWN BLVD. NW& NIGHTINGALE ST. NW) & 06-50 (CROSSTOWN BLVD. NW TRAIL) . WHEREAS, the City Council is cognizant of the need for the improvements; and NOW, THEREFORE BE IT RESOLVED by the City Council to order the improvement of Project Nos. 05-61 (Crosstown Blvd. NW& NiQhtinaale St. NW) & 06-50 (Crosstown Blvd. NW Trail); and 0 BE IT FURTHER RESOLVED by the City Council to hereby direct the ~ Enaineer to prepare the plans and specifications for such improvement projects. MOTION seconded by Council member Orttel and adopted by the City Council at a reaular meeting this 20th day of March , 2007 , with Council members Trude, Orttel. KniQht. Gamache, Jacobson (absent) voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: ~ IJ;/b Victoria Volk - City Clerk 0 0 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 034-07 MOTION by Council member Trude to adopt the following: A RESOLUTION APPROVING CHANGE ORDER #1 TO PROJECT NO. 05-15, ANDOVER STATION NORTH BALL FIELD IMPROVEMENTS. WHEREAS, the City of Andover has a contract for Project No. 05-15 , Andover Station North Ball Field Improvements with W.B. Miller, Inc. of Elk River, MN NOW THEREFORE, BE IT RESOLVED by the City Council of Andover to hereby approve the change order to Project No. 05-15 . C Adopted by the City Council of the City of Andover this 20th day of March ,2007. CITY OF ANDOVER ~ t1;::;: 4 ~ ATTEST: /~~~ Mtchael R. Gamache - Mayor /~ ~ {)Lt Victoria Volk - City Clerk 0 0 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 033-07 MOTION by Council member Trude to adopt the following: A RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR THE IMPROVEMENT OF PROJECT NO. 07-4 FOR 2007 SEAL COATING. WHEREAS, pursuant to advertisement for bids as set out in Council Resolution No. 025-07 ,dated February 20, 2007, bids were received, opened and tabulated according to law with results as follows: Allied Blacktop Company $219,200.00 Pearson Brothers $254,864.00 Astech Surface Tech. $287,200.00 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby accept the bids as shown to indicate Allied Blacktop as being the apparent low 0 bidder. BE IT FURTHER RESOLVED TO HEREBY direct the Mayor and City Clerk to enter into a contract with Allied Blacktop in the amount of $219,200.00 for construction of the improvements; and notify the City of Coon Rapid that the City of Andover is in concurrence with the award. MOTION seconded by Council member Kniqht and adopted by the City Council at a reqular meeting this 6th day of March , 2007 , with Council members Trude, Kniqht. Orttel, Gamache, Jacobson voting in favor of the resolution, and Council members none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: 0 ~ i/Lb Victoria Volk - City Clerk 0 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 032-07 MOTION by Councilmember Trude to adopt the following: A RESOLUTION APPROVING FINAL PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR PROJECT NO. 07-3 ,FOR 2007 CRACK SEALING WHEREAS, pursuant to Resolution No. 024-07 , adopted by the City Council on the 20tl'1 day of February , 2007 ,the City Enqineer has prepared final plans and specifications for Project 07-3 for 2007 Crack Sealinq . WHEREAS, such final plans and specifications were presented to the City Council for their review on the 6th day of March , 2007 . NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby approve the Final Plans and Specifications. 0 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 , April4 , 2007 at the Andover City Hall. MOTION seconded by Councilmember Kniqht and adopted by the City Council at a reqular meeting this 6th day of March , 2007 , with Councilmembers Trude, Kniqht. Orttel. Gamache, Jacobson voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: ~/~~4?~ ,MIChael R. Gamache - Mayor t 0 {Lj;;~ ()4 Victoria Volk - City Clerk 0 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 031-07 MOTION by Council member Trude to adopt the following: A RESOLUTION APPROVING FINAL PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR INTERSECTION IMPROVEMENTS FOR 161ST AVENUE NW & CRANE STREET NW, PROJECT NO. 06-37. WHEREAS, pursuant to Resolution No. 015-07 , adopted by the City Council on the 6th day of February , 2007, the City Enqineer has prepared final plans and specifications for Project No. 06-37. WHEREAS, such final plans and specifications were presented to the City Council for their review on the 6th day of March , 2007 . NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby approve the Final Plans and Specifications. 0 BE IT FURTHER RESOLVED by the City Council of the City of Andover to hereby direct the City Clerk to seek ~ublic bids as required by law, with such bids to be opened at 10:00 AM , April 5 h ,2007 at the Andover City Hall. MOTION seconded by Council member Kniqht and adopted by the City Council at a reaular meeting this 6th day of March , 2007 , with Council members Trude. Kniqht. Orttel. Gamache. Jacobson voting in favor of the resolution, and Council members none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: il;~ ~rIL 0 Victoria Volk - City Clerk - CITY OF ANDOVER COUNTY OF ANOKA 0 STATE OF MINNESOTA RES. NO. 030-07 MOTION by Councilmember Trude to adopt the following: A RESOLUTION ADOPTING THE ASSESSMENT ROLL FOR INTERSECTION IMPROVEMENTS AT BLUEBIRD STREET NW & HANSON BOULEVARD NW , PROJECT 05-34. WHEREAS, the property owners has waived their right to a public hearing. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF ANDOVER, MINNESOTA: 1. Such proposed assessment, a copy of which is attached hereto and made part hereof, is hereby accepted and shall constitute the special assessment against the lands named therein, and each tract of land therein included is hereby found to be benefited by the proposed improvement in the amount of the assessment levied against it. 2. Such assessment shall be payable in equal annual installments, extending over a period of L years, the first of the installments to be payable on or before the 1 st Monday in January, 2008 and shall bear interest at a rate of 5.5% percent 0 per annum from the date of the adoption of this assessment resolution. 3. The owner of any property so assessed may, at any time prior to certification of the assessment orthe first installment thereof to the county auditor, pay the whole of the assessment on such property, with interest accrued to the date of . payment, to the municipal treasurer, except that no interest shall be charged if the entire assessment is paid within 30 days from the adoption thereof; and, except as hereinafter provided, the owner may at any time prior to November 15 of any year, prepay to the treasurer of the municipality having levied said assessments, the whole assessment remaining due with interest accrued to December 31 of the year in which said prepayment is made. MOTION seconded by Councilmember Kniaht and adopted by the City Council at a reaular meeting this 6th day of March , 2007 , with Councilmembers Trude, Kniqht. Orttel. Gamache. Jacobson voting in favor of the resolution, and Council members none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER 0 ATTEST: ~u/a~~d/~ ry,ti6hael R. Gamache - Mayor f !1~ i 04 Victoria Volk - City Clerk 0 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 8:01 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: Jacobson, Knight, Orttel, Gamache, Trude and the following were absent: None Member Jacobson introduced the following resolution and moved its adoption: Resolution R029-07 RESOLUTION RATIFYING ACCEPTANCE OF OFFER AND PROVIDING FOR THE ISSUANCE AND SALE OF $6,570,000 GENERAL OBLIGATION WATER REVENUE REFUNDING BONDS, SERIES 200m, PLEDGING FOR THE SECURITY THEREOF NET 0 REVENUES A. WHEREAS, the City of Andover, Minnesota (the "City"), owns and operates a municipal water system (the "System") as a separate revenue producing public utility and the net revenues of the System are pledged to the payment of the City's outstanding $9,780,000 original principal amount of General Obligation Water Revenue Bonds, Series 2002, dated June 1, 2002 (the "Prior Bonds"); and B. WHEREAS, the Prior Bonds were issued pursuant to a resolution duly adopted by the City Council on May 21, 2002 (the "Prior Resolution") for the purpose, in part, of providing money to finance improvements to the System (the "Project"); and C. WHEREAS, $6,490,000 aggregate principal amount of the Prior Bonds which matures on and after February 1,2013, is subject to redernption 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 0 which mature on and after February 1,2013 (the "Refunded Bonds"), in accordance with the Prior Resolution; and 1989789vl 0 E. WHEREAS, the City has retained Ehlers & Associates, Inc., in Roseville, Minnesota ("Ehlers"), as its independent financial advisor for the sale of the Bonds and was therefore authorized to sell the Bonds by private negotiation in accordance with Minnesota 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: 1. 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 $6.523547.20, 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 0 the Purchaser and to forthwith return to the unsuccessful bidders any good faith checks or drafts.. 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 -1 upward in the denomination of $5,000 each or in any integral multiple thereof of a single maturity (the "Authorized Denominations") and shall mature on February 1 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 0 1989789vl . 0 The serial requirements of Minnesota Statutes, Chapter 475.54, Subdivision 1, 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. 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 Entrv 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 Only Period to the outstanding principal amount of that Bond. (ii) Upon initial issuance, ownership of the Bonds shall be registered in a bond 0 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''). Ciii) With respect to the Bonds neither the City nor the Bond Registrar shall have any responsibility or obligation to any broker, dealer, bank, or any other financial institution for which the Depository holds Bonds as securities depository (the "Participant") or the person for which a Participant holds an interest in the Bonds shown on the books and records of the Participant (the "Beneficial Owner"). Without limiting the immediately preceding sentence, neither the City, nor the Bond Registrar, shall have any such responsibility or obligation with respect to (A) the accuracy of the records of the Depository, the Nominee or any Participant with respect to any ownership interest in the Bonds, or (B) the delivery to any Participant, any Owner or any other person, other than the Depository, of any notice with respect to the Bonds, including any notice of redemption, or (C) the payment to any Participant, any Beneficial Owner or any other person, other than the Depository, of any 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. 0 Civ) 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 t989789vt 0 premium, if any, and interest on the Bonds, for the purpose of giving notices of redemption and other matters with respect to the Bonds, for the purpose of obtaining any consent or other action to be taken by Holders for the purpose of registering transfers with respect to such Bonds, and for all purpose whatsoever. The Bond Registrar, as paying agent hereunder, shall pay all principal of and premium, if any, and interest on the Bonds only to the Holder 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 0 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"). (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. 0 (c) Termination ofBook-Entrv Onlv System. Discontinuance of a particular Depository's services and termination of the book-entry only system may be effected as follows: 1989789vl 0 (i) The Depository may determine to discontinue providing its services with respect to the Bonds at any time by giving written notice to the City and discharging its responsibilities with respect thereto under applicable law. The City may terminate the services of the Depository with respect to the Bond if it determines that the Depository is no longer able to carry out its functions as securities depository or the continuation of the 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 of the 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. 0 (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. Puroose: 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 1 and August 1 of each year (each, an "Interest Payment Date"), commencing August 1, 2007, calculated on the basis of a 360-day year of twelve 30-day months, at the respective rates per annum set forth opposite the maturity years as follows: 0 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% 5. Redemption. All Bonds maturing on February 1,2018 and thereafter, shall be subject to redemption and prepayment at the option of the City on February 1,2017, and on any date thereafter at a price of par plus accrued interest. Redemption may be in whole or in part of the Bonds subject to prepayment. If redemption is in part, those Bonds remaining unpaid which have the latest maturity date shall be prepaid first; and if only part of the Bonds having a common maturity date are called for prepayment, the specific Bonds to be prepaid shall be chosen by lot by the Bond Registrar. Bonds or portions thereof called for redemption shall be 0 due and payable on the redemption date, and interest thereon shall cease to accrue from and after the redernption 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. 6. Bond Registrar. U.S. Bank National Association, in St. Paul, Minnesota, is 0 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 0 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: 0 0 1989789vl 0 UNITED STATES OF AMERICA STATE OF MINNESOTA ANOKA COUNTY CITY OF ANDOVER R- $ GENERAL OBLIGATION WATER REVENUE REFUNDING BOND, SERIES 2007B Interest Rate Maturitv Date Date of Original Issue CUSIP February 1, March 13, 2007 REGISTERED OWNER: CEDE & CO. PRINCIPAL AMOUNT: THE CITY OF ANDOVER, ANOKA COUNTY, MINNESOTA (the "Issuer"), certifies that it is indebted and for value received promises to pay to the registered owner specified above, or registered assigns, in the manner hereinafter set forth, the principal amount specified above, on the maturity date specified above, unless called for prepayment, and to pay interest thereon 0 semiannually on February 1 and August 1 of each year (each, an "Interest Payment Date"), commencing August 1, 2007, at the rate per annum specified above (calculated on the basis of a 360-day year of twelve 30-day months) until the principal sum is paid or has been provided for. This Bond will bear interest from the most recent Interest Payment Date to which interest has been paid or, if no interest has been paid, from the date of original issue hereof. The principal of and premium, if any, on this Bond are payable upon presentation and surrender hereof at the principal office 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 0 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 0 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 1, 2017, and on any date thereafter at a price of par plus accrued interest. Redemption may be in whole or in part of the Bonds subject to prepayment. If redemption is in part, those Bonds remaining unpaid which have the latest maturity date shall be prepaid first; and if only part of the Bonds having a common maturity date are called for prepayment, the specific Bonds to be prepaid shall be chosen by lot by the Bond Registrar. Bonds or portions thereof called for redemption shall be due and payable on the redemption date, and interest thereon shall cease to accrue from and after the redemption date. Mailed notice of redemption shall be given to the paying agent and to each affected Holder of the Bonds at least thirty days prior to the date fixed for 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 0 selected. If a Bond is to be redeemed only in part, it shall be surrendered to the Bond Registrar (with, if the Issuer or Bond Registrar so requires, a written instrument of transfer in form satisfactory to the Issuer and Bond Registrar duly executed by the Holder thereof or the Holder's attorney duly authorized in writing) and the Issuer shall execute (if necessary) and the Bond Registrar shall authenticate and deliver to the Holder of such Bond, without service charge, a new Bond or Bonds of the same series having the same stated maturity and interest rate and of any Authorized Denomination or Denominations, as requested by such Holder, in aggregate principal amount equal to and in exchange for the unredeemed portion of the principal of the Bond so surrendered. Issuance: Pur.pose: 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, redernption 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. 0 Denominations: Exchange: Resolution. The Bonds are issuable solely in fully registered form in Authorized Denominations (as defined in the Resolution) and are exchangeable for fully registered Bonds of other Authorized Denominations in equal aggregate principal amounts at the 1989789vl 0 principal office of the Bond Registrar, but only in the manner and subject to the limitations provided in the Resolution. Reference is hereby made to the Resolution for a description of the rights and duties of the Bond Registrar. Copies of the Resolution are on file in the principal office of the Bond Registrar. Transfer. This Bond is transferable by the Holder in person or by the Holder's attorney duly authorized in writing at the principal office of the Bond Registrar upon presentation and surrender hereofto the Bond Registrar, all subject to the terms and conditions provided in the Resolution and to reasonable regulations of the Issuer contained in any agreement with the Bond Registrar. Thereupon the Issuer shall execute and the Bond Registrar shall authenticate and deliver, in exchange for this Bond, one or more new fully registered Bonds in the name of the transferee (but not registered in blank or to "bearer" or similar designation), ofan Authorized Denomination or Denominations, in aggregate principal amount equal to the principal amount of this Bond, of the same maturity and bearing interest at the same rate. Fees upon Transfer or Loss. The Bond Registrar may require payment of a sum sufficient to cover any tax or other governmental charge payable in connection with the transfer or exchange of this Bond and any legal or unusual costs regarding transfers and lost Bonds. Treatment of 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 0 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 Oualified 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 of1986, as amended. IT IS HEREBY CERTIFIED AND RECITED that all acts, conditions and things required by the Constitution and laws of the State of Minnesota to be done, to happen and to be performed, precedent to and in the issuance of this Bond, have been done, have happened and have been performed, in regular and due form, time and manner as required by law, 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 0 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 C 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 behalfby the facsimile signatures of its Mayor and its Clerk, the corporate seal of the Issuer having been intentionally omitted as permitted by law. Date of Registration: Registrable by: U.S. BANK NATIONAL ASSOCIATION Payable at: U.S. BANK NATIONAL ASSOCIATION BOND REGISTRAR'S CITY OF ANDOVER, CERTIFICATE OF ANOKA COUNTY, MINNESOTA AUTHENTICATION This Bond is one of the Bonds described in the Is/ Facsimile Resolution mentioned Mayor within. 0 Isl Facsimile U.S. BANK NATIONAL Clerk ASSOCIATION St. Paul, Minnesota Bond Registrar By: Authorized Signature 0 1989789v1 0 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) under the Uniform Transfers to Minors Act (State) Additional abbreviations may also be used though not in the above list. ASSIGNMENT For value received, the undersigned hereby sells, assigns and transfers unto the within Bond and does hereby irrevocably constitute and appoint attorney to transfer the Bond on the books kept for the registration thereof, with full power of substitution in the 0 premlses. 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 17CFR 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: 0 (Include information for all joint owners if the Bond is held by joint account.) 1989789vl 0 PREP A YMENT SCHEDULE This Bond has been prepaid in part on the date(s) and in the amount(s) as follows: AUTHORIZED SIGNATURE DATE AMOUNT OF HOLDER 0 0 1989789vl 0 8. Execution: Temporarv 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 ternporary 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 0 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. 10. Registration: Transfer; Exchange. The City will cause to be kept at the principal office of the Bond Registrar a bond register in which, subject to such reasonable regulations as the Bond Registrar may prescribe, the Bond Registrar shall provide for the registration of Bonds and the registration of transfers of Bonds entitled to be registered or transferred as herein provided. Upon surrender for transfer of any Bond at the principal office of the Bond Registrar, the City shall execute (if necessary), and the Bond Registrar shall authenticate, 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. 0 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 0 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 0 to negotiate and execute the terms of said agreement. 11. 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 Pavrnent: 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. l3. Treatment 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 0 such Bond shall be overdue, and neither the City nor the Bond Registrar shall be affected by notice to the contrary. 1989789vl 0 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 Obligation Water Revenue Refunding Bonds, Series 2007B Fund" (the "Fund") to be administered and maintained by the Finance Director as a bookkeeping account separate and apart from all other funds maintained in the official financial 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 financial records of the receipts and disbursements of the System in accordance with this resolution. In such records there shall be established and maintained accounts of the Fund for the purposes as follows: 0 (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 1, 2012; and (ii) to pay when called for redemption on August 1,2012, the principal amount of the Prior Bonds. The Escrow Account shall be irrevocable appropriated to the payment of (i) all interest on the Bonds to and including August 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. 0 (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 0 in an amount, together with other funds which may herein or hereafter from time to time be irrevocably appropriated to the account sufficient to meet the requirements of Minnesota Statutes, Section 475.61 for the payment of the principal and interest of the Bonds; (ii) any collections of all taxes hereafter levied for the payment of the Bonds and interest thereon; (iii) any balance remitted to the City upon termination of the Escrow Agreement; (iv) any funds remaining after August 1,2012 in the Debt Service Account established by the Prior Resolution for the Prior Bonds after the same have been paid and discharged; (v) all investment earnings on funds in the Debt Service Account; and (vi) any and all other moneys which are properly available and are appropriated by the governing body of the City to the Debt Service Account. The amount of any surplus remaining in the Debt Service Account when the Bonds and interest thereon are paid shall be used consistent with the Minnesota Statutes, Section 475.61, Subdivision 4. The moneys in the Debt Service Account shall be used solely to pay the principal of and interest on the Bonds or any other bonds hereafter issued and made payable from the Fund. No portion of the proceeds of the Bonds shall be used directly or indirectly to acquire higher yielding investments or to replace funds which were used directly or indirectly to acquire higher yielding investments, except (i) for a reasonable temporary period until such proceeds are needed for the purpose for which the Bonds were issued, and (ii) in addition to the above, in an amount not greater than the lesser of five percent of the proceeds of the Bonds or $100,000. To this effect, any proceeds of the Bonds and any sums from time to time held in the Fund (or any other 0 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 rnay 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 0 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 0 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. (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 0 supplements thereto. Securities purchased from the Escrow Account shall be purchased simultaneously with the delivery of the Bonds. The City has investigated the facts and hereby finds and determines that the Escrow Agent is a suitable financial institution to act as escrow agent. (c) The Refunded Bonds shall be redeemed and prepaid in accordance with the terms and conditions set forth in the Notice of Call for Redemption substantially in the form attached to the Escrow Agreement, which terms and conditions are hereby approved and incorporated herein by reference. The Notice of Call for Redemption shall be given pursuant to the Escrow Agreement. Failure to give notice by mail to any registered owner, or any defect therein, will not affect the validity of any proceedings for the redemption of the Refunded Bonds. (d) The Purchaser, as agent for the City, is hereby authorized and directed to purchase on behalf of the City and in its name the appropriate United States Treasury Securities, State and Local Government Series, and/or open market securities as provided in paragraph (c), from the proceeds of the Bonds and, to the extent necessary, other available funds, all in accordance with the provisions of this resolution and the Escrow Agreement and to execute all such documents (including the appropriate subscription form) required to effect such purchase in accordance with the applicable U.S. Treasury Regulations. (e) Until retirement of the Prior Bonds, all provisions theretofore made for the security thereof shall be observed by the City and all of its officers and agents. 0 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 0 respect to any Bonds which are due on any date by irrevocably depositing with the Bond Registrar on or before that date a sum sufficient for the payment thereof in full; or if any Bond should not be paid when due, it may nevertheless be discharged by depositing with the Bond Registrar a sum sufficient for the payment thereof in full with interest accrued to the date of such deposit. The City may also at any time discharge its obligations with respect to any Bonds, subject to the provisions oflaw now or hereafter authorizing and regulating such action, by depositing irrevocably in escrow, with a suitable banking 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 of Registration. The Clerk is hereby directed to file a certified copy of this resolution with the Director of Property Tax and Public Records of Anoka County, Minnesota, together with such other information as the Director shall require, and to obtain the Director's certificate that the Bonds have been entered in the Bond Register. 23. Records and Certificates. The officers of the City are hereby authorized and directed to prepare and furnish to the Purchaser, and to the attorneys approving the legality of the issuance of the Bonds, certified copies of all proceedings and records of the City relating to the Bonds and to the 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 0 Bonds as the same appear from the books and records under their custody and control or as otherwise known to them, and all such certified copies, certificates and affidavits, including any heretofore furnished, shall be deemed representations of the City as to the facts recited therein. 24. Negative Covenant as to Use of Proceeds and Proiect. The City hereby covenants not to use the proceeds of the Bonds or to use the Project, or to cause or permit them to be used, or to enter into any deferred payment arrangements for the cost of the Project, in such a manner as to cause the Bonds to be "private activity bonds" within the meaning of Sections 103 and 141 through 150 of the Code. 25. Tax-Exempt Status of the Bonds; Rebate. The City is subject to the rebate requirement imposed by Section 148(f) of the Code by reason of issuing (together with all subordinate entities thereof, and all entities treated as one issuer with the Issuer) more than $5,000,000 of tax-exempt governmental obligations during this calendar year as provided in Section 148(f)(4)(D) of the Code and Section 1.148-8 of the Regulations. 26. No Designation as 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 of Issuance 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, 0 N .A., Greenwich, Connecticut, on the closing date for further distribution as directed by the City's financial advisor, Ehlers. 1989789v1 0 28. Severability. If any section, paragraph or provision of this resolution shall be held to be invalid or unenforceable for any reason, the invalidity or unenforceability of such section, paragraph or provision shall not affect any of the remaining provisions of this resolution. 29. Headings. Headings in this resolution are included for convenience of reference only and are not a part hereof, and shall not limit or defme the meaning of any provision hereof. The motion for the adoption of the foregoing resolution was duly seconded by member Knight and, after a full discussion thereof and upon a vote being taken thereon, the following voted in favor thereof: Knight, Jacobson, Orttel, Gamache, Trude and the following voted against the same: none Whereupon the resolution was declared duly passed and adopted. 0 0 1989789v1 0 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 2Q, 2007. ~ ovlb 0 Clerk 0 1989789vl 0 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R028-07A 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 of the 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 0 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 0 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. 0 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 adjacent 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 12-14-6D. Adopted by the City Council of the City of Andover on this 20th day of February, 2007. CITY OF ANDOVER ATTEST: IL"/;~ {Jo-/L/ Victoria V olk, City Clerk C 0 0 EXTRACTOFMrnUTES OF AMEETmG 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 8:01 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: Gamache, Knight, Jacobson, Orttel, Trude and the following were absent: none Member Jacobson introduced the following resolution and moved its adoption: RESOLUTION R028-07 RESOLUTION RATIFYING ACCEPTANCE OF OFFER AND PROVIDmG FOR THE 0 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 412.30l, to finance the purchase of various items of capital equipment for the City (the "Equipment") and each item of equipment to be financed by the Certificates has an expected useful life at least as long as the term of the Certificates; and B. WHEREAS, the amount of the Certificates to be issued does not exceed one- quarter of one percent (0.25%) of the market value of the taxable property in the City ($2.868.044.279 times 0.25% is $7.l70J 11); and C. WHEREAS, the City has retained EWers & Associates, Inc., in Roseville, Minnesota ("EWers"), 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 EWers; and 0 1988913vl 0 D. WHEREAS, the proposals set forth on Exhibit A attached hereto were received by the City Administrator, or designee, at the offices of Ehlers, at 11 :00 A.M., on February 13, 2007 pursuant to the Terms of Proposal established for the Certificates; and E. WHEREAS, it is in the best interests of the City that the Certificates be issued in book-entry form as hereinafter provided; and 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 & Companv. Inc.. Minneapolis. Minnesota (the "Purchaser"), to purchase the Certificates, in accordance with the Terms of Proposal established for the Certificates, at the rates of interest hereinafter set forth, and to pay therefor the sum of $763.400.85, plus interest accrued to settlement, is hereby found, determined and declared to be the most favorable proposal received, is hereby ratified, accepted and the Certificates are hereby awarded to the Purchaser. The Clerk is directed to retain the deposit of the Purchaser and to forthwith return to the unsuccessful bidders any good faith checks or drafts. 2. Certificate Terms. (a) Original Issue Date: Denominations: Maturities: Term Bond Option. The 0 Certificates shall be dated March 13,2007, as the date of original issue, shall be issued forthwith on or after such date in fully registered form, shall be numbered from R-l upward in the denomination of $5,000 each or in any integral multiple thereof of a single maturity (the "Authorized Denominations") and shall mature on the February 1 in the years and amounts as follows: Year Amount 2008 $180,000 2009 185,000 2010 195,000 2011 200,000 As may be requested by the Purchaser, one or more term bonds may be issued having mandatory sinking fund redemption and final maturity amounts conforming to the foregoing principal repayment schedule, and corresponding additions may be made to the provisions of the applicable Certificate(s). (b) Book Entry 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 Certificates, and to this end: 0 (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 1988913vl 2 0 purposes of complying with this requirement under paragraphs 5 and 10 Authorized Denominations for any Certificate shall be deemed to be limited during the Book Entry Only Period to the outstanding principal amount of that Certificate. (ii) Upon initial issuance, ownership of the Certificates shall be registered in a bond register maintained by the Registrar (as hereinafter defined) in the name of CEDE & CO., as the nominee (it or any nominee of the existing or a successor Depository, the "Nominee"). (iii) With respect to the Certificates neither the City nor the Registrar shall have any responsibility or obligation to any broker, dealer, bank, or any other financial institution for which the Depository holds Certificates as securities depository (the "Participant") or the person for which a Participant holds an interest in the Certificates shown on the books and records of the Participant (the "Beneficial Owner"). Without limiting the immediately preceding sentence, neither the City, nor the Registrar, shall have any such responsibility or obligation with respect to (A) the accuracy of the records of the Depository, the Nominee or any Participant with respect to any 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 0 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. 0 (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 1988913vl 3 0 Certificate and all notices with respect to such Certificate shall be made and given, respectively, by the Registrar or City, as the case may be, to the Depository as provided in the Letter of Representations to the Depository required by the Depository as a condition to its acting as book-entry Depository for the Certificates (said Letter of Representations, together with any replacement thereof or amendment or substitute thereto, including any standard procedures or policies referenced therein or applicable thereto respecting the procedures and other matters relating to the Depository's role as book-entry Depository for the Certificates, collectively hereinafter referred to as the "Letter of Representations"). (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 0 days in: advance of such special record date to the extent possible. (ix) Any successor Registrar in its written acceptance of its duties under this Resolution and any paying agencylbond registrar agreement, shall agree to take any actions necessary from time to time to comply with the requirements of the Letter of Representations. (c) Termination of Book-Entrv Onlv Svstem. Discontinuance of a particular Depository's services and termination of the book-entry only system may be effected as follows: (i) The Depository may determine to discontinue providing its services with respect to the Certificates at any time by giving written notice to the City and discharging its responsibilities with respect thereto under applicable law. The City may terminate the services of the Depository with respect to the Certificate if it determines that the Depository is no longer able to carry out its functions as securities depository or the continuation of the system of book-entry transfers through the Depository is not in the best interests of the City or the Beneficial Owners. (ii) Upon termination of the services of the Depository as provided in the preceding paragraph, and if no substitute securities depository is willing to undertake the functions of the Depository hereunder can be found which, in the opinion of the City, is willing and able to assume such functions upon reasonable or customary terms, or if the City determines that it is in the best interests of the City or the Beneficial Owners of the 0 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 1988913vl 4 0 name of the Nominee, but may be registered in whatever name or names the Holder of the Certificates shall designate at that time, in accordance with paragraph 10 hereof. To the extent that the Beneficial Owners are designated as the transferee by the Holders, in accordance with paragraph 10 hereof, the Certificates will be delivered to the Beneficial Owners. (iii) Nothing in this subparagraph (c) shall limit or restrict the provisions of paragraph 10. (d) Letter of Representations. The provisions in the Letter of Representations are incorporated herein by reference and made a part of the resolution, and if and to the extent any such provisions are inconsistent with the other provisions of this resolution, the provisions in the Letter of Representations shall control. 3. Purpose. The Certificates shall provide funds to finance the Equipment. The total cost of the Equipment, which shall include all costs enumerated in Minnesota Statutes, Section 475.65, is estimated to be at least equal to the amount of the Certificates. 4. Interest. The Certificates shall bear interest payable semiannually on February 1 and August 1 of each year (each, an "Interest Payment Date"), commencing August 1, 2007, calculated on the basis of a 360-day year of twelve 30-day months, at the respective rates per annum set forth opposite the maturity dates as follows: 0 Maturitv Year Interest Rate 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: 0 1988913vl 5 0 UNITED STATES OF AMERICA STATE OF MINNESOTA ANOKA COUNTY CITY OF ANDOVER R- $ GENERAL OBLIGATION EQUIPMENT CERTIFICATES, SERIES 2007A INTEREST MATURITY DATE OF RATE DATE 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, 0 on the maturity date specified above, without option of prepayment, and to pay interest thereon semiannually on February 1 and August 1 of each year (each, an "Interest Payment Date"), commencing August 1, 2007, at the rate per annum specified above (calculated on the basis of a 360-day year of twelve 30-day months) until the principal sum is paid or has been provided 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 la"Wful money of the United States of America So long as this Certificate is registered in the name of the Depository or its Nominee as provided in the Resolution hereinafter described, and as those terms are defined therein, payment of principal of, premium, if any, and 0 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 0 system pursuant to the Resolution, Certificates may only be registered in the name of the Depository or its Nominee. No Redemption. The Certificates of this issue (the "Certificates") are not subject to redemption and prepayment prior to their stated maturity dates. Issuance: Purpose: General Obligation. This Certificate is one of an issue in the total principal amount of $760,000, all of like date of original issue and tenor, except as to number, maturity, interest rate and denomination, issued pursuant to and in full conformity with the Constitution and laws of the State of Minnesota and pursuant to a resolution adopted by the City Council on February 20, 2007 (the "Resolution"), for the purpose of providing money to finance the purchase of various items of capital equipment for the Issuer. This Certificate is payable out of the General Obligation Equipment Certificates, Series 2007 A Fund of the Issuer. This Certificate constitutes a general obligation of the Issuer and to provide moneys for the prompt and full payment of its principal, premium, if any, and interest when the same become due, the full faith and credit and taxing powers of the Issuer have been and are hereby irrevocably pledged. Denominations: 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 0 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 hereofto the Registrar, all subject to the terms and conditions provided in the Resolution and to reasonable regulations of the Issuer contained in any agreement with the Registrar. Thereupon the Issuer shall execute and the Registrar shall authenticate and deliver, in exchange for this Certificate, one or more new fully registered Certificates in the name of the transferee (but not registered in blank or to "bearer" or similar designation), of an Authorized Denomination or Denominations, in aggregate principal amount equal to the principal amount of this Certificate, of the same maturity and bearing interest at the same rate. Fees upon Transfer or Loss. The Registrar may require payment of a sum sufficient to cover any tax or other governmental charge payable in connection with the transfer or exchange of this Certificate and any legal or unusual costs regarding transfers and lost Certificates. Treatment ofRe~stered Owners. The Issuer and Registrar may treat the person in whose name this Certificate is registered as the owner hereof for the purpose of receiving payment as herein provided (except as otherwise provided herein with respect to the Record Date) and for all other purposes, whether or not this Certificate shall be overdue, and neither the Issuer nor the Registrar shall be affected by notice to the contrary. 0 1988913vl 7 0 Authentication. This Certificate shall not be valid or become obligatory for any purpose or be entitled to any security unless the Certificate of Authentication hereon shall have been executed by the Registrar. Not Oualified Tax-Exempt Obligation. 1bis 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 0 ASSOCIATION Payable at: u.S. BANK NATIONAL ASSOCIATION REGISTRAR'S CERTIFICATE CITY OF ANDOVER, ANOKA COUNTY, OF AUTHENTICATION MINNESOTA This Certificate is one of the Certificates described in the Isl Facsimile Resolution mentioned within. Mayor U.S. Bank National Association St. Paul, Minnesota IsI Facsimile Registrar Clerk By Authorized Signature 0 1988913vl 8 0 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 IT TEN - as joint tenants with right of survivorship and not as tenants in common UTMA- as custodian for under the Uniform (Cust) (Minor) (State) Transfers to Minors Act Additional abbreviations may also be used though not in the above list. ASSIGNMENT For value received, the undersigned hereby sells, assigns and transfers unto the within Certificate and does hereby irrevocably constitute and appoint attorney to transfer the Certificate on the books kept for the registration thereof, with full power of substitution in the premises. 0 Dated: Notice: The assignor's signature to this assignment must correspond with the name as it appears upon the face of the within Certificate in every particular, without alteration or any change whatever. Signature Guaranteed: Signature(s) must be guaranteed by a national bank or trust cornpany 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.) 0 1988913vl 9 0 8. Execution: Temporarv Certificates. The Certificates shall be printed (or, at the request of the Purchaser, typewritten) and shall be executed on behalf of the City by the signatures of its Mayor and Clerk and be sealed with the seal of the City; provided, however, that the seal of the City may be a printed (or, at the request of the Purchaser, photocopied) facsimile; and provided further that both of such signatures may be printed (or, at the request of the Purchaser, photocopied) facsimiles and the corporate seal may be omitted on the Certificates as permitted by law. In the event of disability or resignation or other absence of either such officer, the Certificates may be signed by the manual or facsimile signature of that officer who may act on behalf of such absent or disabled officer. In case either such officer whose signature or facsimile of whose signature shall appear on the Certificates shall cease to be such officer before the delivery of the Certificates, such signature or facsimile shall nevertheless be valid and sufficient for all purposes, the same as ifhe or she had remained in office until delivery. The City may elect to deliver, in lieu of printed definitive certificates, one or more typewritten temporary certificates in substantially the form set forth above, with such changes as may be necessary to reflect more than one maturity in a single temporary certificate. Such temporary certificates may be executed with photocopied facsimile signatures of the Mayor and Clerk. Such temporary certificates shall, upon the printing of the definitive certificates and the execution thereof, be exchanged therefor and canceled. 9. Authentication. No Certificate shall be valid or obligatory for any purpose or be entitled to any security or benefit under this resolution unless a Certificate of Authentication on such Certificate, substantially in the form hereinabove set forth, shall have been duly executed by 0 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. C 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 0 maturity, upon surrender of the Certificates to be exchanged at the principal office of the Registrar. Whenever any Certificates are so surrendered for exchange, the City shall execute (if necessary), and the Registrar shall authenticate, insert the date of registration of, and deliver the Certificates which the Holder making the exchange is entitled to receive. All Certificates surrendered upon any exchange or transfer provided for in this resolution shall be promptly canceled by the Registrar and thereafter disposed of as directed by the City. All Certificates delivered in exchange for or upon transfer of Certificates shall be valid general obligations of the City evidencing the same debt, and entitled to the same benefits under this resolution, as the Certificates surrendered for such exchange or transfer. Every Certificate presented or surrendered for transfer or exchange shall be duly endorsed or be accompanied by a written instrument of transfer, in form satisfactory to the Registrar:, duly executed by the Holder thereof or the Holder's attorney duly authorized in writing. The Registrar may require payment of a sum sufficient to cover any tax or other governmental charge payable in connection with the transfer or exchange of any Certificate and any legal or unusual costs regarding transfers and lost Certificates. Transfers shall also be subject to reasonable regulations of the City contained in any 0 agreement with the Registrar, including regulations which permit the Registrar to close its transfer books between record dates and payment dates. The City Manager is hereby authorized to negotiate and execute the terms of said agreement. 11. Rights Upon Transfer or Exchange. Each Certificate delivered upon transfer of or in exchange for or in lieu of any other Certificate shall carry all the rights to interest accrued and unpaid, and to accrue, which were carried by such other Certificate. 12. Interest Pavrnent; Record Date. Interest on any Certificate shall be paid on each Interest Payment Date by check or draft mailed to the person in whose name the Certificate is registered (the "Holder") on the registration books of the City maintained by the Registrar and at the address appearing thereon at the close of business on the fifteenth (15th) day of the calendar month next preceding such Interest Payment Date (the "Regular Record Date"). Any such interest not so timely paid shall cease to be payable to the person who is the Holder thereof as of the Regular Record Date, and shall be payable to the person who is the Holder thereof at the close of business on a date (the "Special Record Date") fixed by the Registrar whenever money becomes available for payment of the defaulted interest. Notice of the Special Record Date shall be given by the Registrar to the Holders not less than ten (10) days prior to the Special Record Date. 13. Treatment of Registered Owner. The City and Registrar may treat the person in whose name any Certificate is registered as the owner of such Certificate for the purpose of receiving payment of principal of and premium, if any, and interest (subj ect to the payment 0 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 0 14. Delivery: Application of Proceeds. The Certificates when so prepared and executed shall be delivered by the Finance Director to the Purchaser upon receipt of the purchase price, and the Purchaser shall not be obliged to see to the proper application thereof. 15. Fund and Accounts. There is hereby created a special fund to be designated the "General Obligation Equipment Certificates, Series 2007A Fund" (the "Fund") to be administered and maintained by the Finance Director as a bookkeeping account separate and apart from all other funds maintained in the official financial records of the City. The Fund shall be maintained in the manner herein specified until all of the Certificates and the interest thereon have been fully paid. There shall be maintained in the Fund the following separate accounts: 16. Capital Account. To the Capital Account there shall be credited the proceeds of the sale of the Certificates, less accrued received thereon, and less any amount paid for the Certificates in excess of the minimum bid. From the Capital Account there shall be paid all costs and expenses of the acquisition of the Equipment including all costs incurred and to be incurred of the kind authorized in Minnesota Statutes, Section 475.65; and the moneys in said account shall be used for no other purpose except as otherwise provided by law; provided that the proceeds of the Certificates may also be used to the extent necessary to pay interest on the Certificates due prior to the anticipated date of commencement of the collection of taxes herein levied. 17. Debt Service Account. There are hereby irrevocably appropriated and pledged to, 0 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 0 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 1988913vI 12 0 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 0 Certificates which are due on any date by irrevocably depositing with the Registrar on or before that date a sum sufficient for the payment thereof in full; or if any Certificate should not be paid when due, it may nevertheless be discharged by depositing with the Registrar a sum sufficient for the payment thereof in full with interest accrued to the date of such deposit. The City may also at any time discharge its obligations with respect to any Certificates, subject to the provisions of law now or hereafter authorizing and regulating such action, by depositing irrevocably in escrow, with a suitable banking institution qualified by law as an escrow agent for this purpose, cash or securities described in Minnesota Statutes, Section 475.67, Subdivision 8, bearing interest payable at such times and at such rates and maturing on such dates as shall be required, subject to sale and/or reinvestment, to pay all amounts to become due thereon to maturity. 20. Compliance with Reimbursement Bond 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 0 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 0 Reimbursement Expenditure is paid, or identifies a specific fund or account of the City and the. general functional purpose thereof from which the Reimbursement Expenditure was to be paid (collectively the "Project"); and (iii) states the maximum principal amount of debt expected to be issued by the City for the purpose of financing the Project; provided, however, that no such Declaration shall necessarily have been made with respect to: (i) "preliminary expenditures" for the Project, defined in the Reimbursernent 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 $1 00,000 or 5% of the proceeds of the Certificates. (b) Each Reimbursement Expenditure is a capital expenditure or a cost of issuance of the Certificates or any of the other types of expenditures described in Section 1.150-2(d)(3) of the Reimbursement Regulations. (c) The "reimbursement allocation" described in the Reimbursement Regulations for each Reimbursement Expenditure shall and will be made forthwith following (but not prior to) the issuance of the Certificates and in all events within the period ending on the date which is the later of three years after payment of the Reimbursement Expenditure or one year after the date on which the Project to which the Reimbursement Expenditure relates is first placed in service. (d) Each such reimbursement allocation will be made in a writing that evidences the 0 City's use of bond proceeds to reimburse the Reimbursement Expenditure and, if made within 30 days after the Certificates are issued, shall be treated as made on the day the Certificates are issued. Provided, however, that the City may take action contrary to any of the foregoing covenants in this paragraph upon receipt of an opinion of its Bond Counsel for the Certificates stating in effect that such action will not impair the tax-exempt status of the Certificates. 21. Continuing Disclosure. The City is the sole obligated person with respect to the Certificates. The City hereby agrees, in accordance with the provisions of Rule 15c2-12 (the "Rule"), promulgated by the Securities and Exchange Commission (the "Commission") pursuant to the Securities Exchange Act of 1934, as amended., and a Continuing Disclosure Undertaking (the "Undertaking") hereinafter described to: (a) Provide or cause to be provided to each nationally recognized municipal securities information repository ("NRMSIR") and to the appropriate state information depository ("SID"), if any, for the State of Minnesota, in each case as designated by the Commission in accordance with the Rule, certain annual financial information and operating data in accordance with the Undertaking. The City reserves the right to modify from time to time the terms of the Undertaking as provided therein. (b) Provide or cause to be provided, in a timely manner, to (i) each NRMSIR or to the Municipal Securities Rulemaking Board ("MSRB") and (ii) the SID, notice of the occurrence of 0 certain material events with respect to the Certificates in accordance with the Undertaking. 1988913vl 14 0 (c) Provide or cause to be provided, in a timely manner, to (i) each NRMSIR or to the MSRB and (ii) the SID, notice of a failure by the City to provide the annual financial information with respect to the City described in the Undertaking. (d) The City agrees that its covenants pursuant to the Rule set forth in this paragraph and in the Undertaking is intended to be for the benefit of the Holders of the Certificates and shall be enforceable on behalf of such Holders; provided that the right to enforce the provisions of these covenants shall be limited to aright 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. 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 0 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 financed thereby, or to cause or permit them to be used, or to enter into any deferred payment arrangements for the cost of the equipment, in such a manner as to cause the Certificates to be "private activity bonds" 0 within the meaning of Sections 103 and 141 through 150 of the Code. 1988913vl 15 0 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)(l) 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. Pavment of Issuance Expenses. The City authorizes the Purchaser to forward the amount of Certificate proceeds allocable to the payment of issuance expenses to U. S. Trust Company N.A., Greenwich, Connecticut on the closing date for further distribution as directed by the City's financial advisor, 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 0 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 Knight and, after a full discussion thereof and upon vote being taken thereon, the following voted in favor thereof: Gamache, Jacobson, Knight, Orttel, Trude and the following voted against the same: none Whereupon the resolution was declared duly passed and adopted. 0 1988913vl 16 0 STATE OF MINNESOTA COUNTY OF ANOKA CITY OF ANDOVER I, the undersigned, being the duly qualified and acting Clerk of the City of Andover, Minnesota, DO HEREBY CERTIFY that I have compared the attached and foregoing extract of minutes with the original thereof on file in my office, and that the same is a full, true and complete transcript of the minutes of a meeting of the City Council, duly called and held on the date therein indicated, insofar as the minutes relate to providing for the issuance and the sale of $760,000 General Obligation Equipment Certificates, Series 2007 A. WITNESS my hand on February ~, 2007. ~a-a Clerk 0 0 1988913vl 17 0 EXHIBIT A Bid Tabulation 0 0 1988913vl 0 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 027-07 MOTION by Councilmember Jacobson 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 City Enaineer and presented to the Council on the 20th day of February ,2007 ; and WHEREAS, the property owners have waived the right to a Public Hearing; and WHEREAS, the City Council has reviewed the feasibility study and declares 0 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 Trude and adopted by the City Council at a reaular meeting this 20th day of February, 2007 , with Council members Jacobson, Trude, Kniaht. Orttel. Gamache voting in favor of the resolution, and Councilmembers none - voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: 0 Il~ UL& Victoria Volk - City Clerk 0 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 026-07 MOTION by Councilmember Jacobson 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. 025-07 , adopted by the City Council on the 20tli day of February , 2007 ,the City of Coon Rapids has prepared final plans and specifications for Project 07-4 for 2007 Seal Coatina . 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. 0 BE IT FURTHER RESOLVED by the City Council that bids will be opened March 2 , 2007 at the Coon Rapids City Hall. MOTION seconded by Council member Trude and adopted by the City Council at a reaular meeting this 20th day of February , 2007 , with Councilmembers Jacobson, Trude. Kniaht. Orttel. Gamache voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: Mi ael R. Gamache - Mayor !L/;;;.~ ()~ Victoria Volk - City Clerk 0 0 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 025-07 MOTION by Councilmember Jacobson to adopt the following: A RESOLUTION ORDERING IMPROVEMENT AND DIRECTING PREPARATION OF PLANS AND SPECIFICATIONS FOR THE IMPROVEMENT OF PROJECT NO. 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 Coatinq , Project 07-4; and 0 BE IT FURTHER RESOLVED by the City Council to hereby direct the City of Coon Rapids to prepare the plans and specifications for such improvement project. MOTION seconded by Councilmember Trude and adopted by the City Council at a reaular meeting this 20th day of February , 2007 , with Council members Jacobson. Trude. Kniqht. Orttel. Gamache voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: (~ /J.$ Victoria Volk - City Clerk 0 0 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 024-07 MOTION by Councilmember Jacobson to adopt the following: A RESOLUTION ORDERING IMPROVEMENT AND DIRECTING PREPARATION OF PLANS AND SPECIFICATIONS FOR THE IMPROVEMENT OF PROJECT NO. 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 .....Qi!Y. Enqineer to prepare the plans and specifications for such improvement project. MOTION seconded by Councilmember Trude and adopted by the City Council at a reaular meeting this 20th day of February , 2007 , with Council members Jacobson. Trude. Kniaht. Orttel, Gamache voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: i~A~ .ova Victoria Volk - City Clerk 0 0 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 023-07 MOTION by Councilmember Jacobson 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 3HLJ ADDITION & KELSEY ESTATES WHEREAS, pursuant to Resolution No. 007-07 , adopted by the City Council on the 16111 day of January , 2007 , the City Enqineer has prepared final plans and specifications for Project 07-2 for 2007 Overlays 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 0 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 AM , March 28 , 2007 at the Andover City Hall. MOTION seconded by Councilmember Trude and adopted by the City Council at a reqular meeting this 20th day of February , 2007 , with Councilmembers Jacobson. Trude. Kniqht. Orttel, Gamache voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: 0 11~ !Jd Victoria Volk - City Clerk CITY OF ANDOVER 0 COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 022-07 MOTION by Councilmember Jacobson 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: 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, TH EREFORE 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 0 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 Trude and adopted by the City Council at a reqular meeting this 20th day of February ,2007, with Councilmembers Jacobson. Trude. Kniqht. Orttel. Gamache voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: ~4?~ 0 chae R. Gamache - Mayor Uit;AA/ {Jv?b Victoria Volk - City Clerk CITY OF ANDOVER 0 COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 021-07 MOTION by Council member Jacobson 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. 010-07 , adopted by the City Council on the 6th day of Februarv ,2007, Wunderlich- Malec Enqineerina. Inc has prepared final plans and specifications for Andover Station North Ball Field Liahtina , 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. 0 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 Trude and adopted by the City Council at a reaular meeting this 20th day of Februarv , 2007 , with Council members Jacobson. Trude. Kniqht. Orttel. Gamache voting in favor of the resolution, and Council members none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: M~t.f.~r /1~ /)4 0 Victoria Volk - City Clerk CITY OF ANDOVER COUNTYOFANOKA 0 STATE OF MINNESOTA RES. NO. 019-07 A RESOLUTION APPROVING THE CONDITIONAL USE PERMIT REQUEST FOR ON-SALE WINE AT 15190 BLUEBIRD STREET NW, SUITE 107, LEGALLY DESCRIBED AS: Lot 5, Block 1, Clocktower Commons, Anoka County, Minnesota WHEREAS, Ming Guang Lin has requested approval of a conditional use permit for on-sale wine on the subject property, and; WHEREAS, the Planning Commission has reviewed the request and has determined that said request meets the criteria of City Code 12-14-6 Conditional Uses, and; WHEREAS, the Planning Commission finds the request would not have a detrimental effect on the health, safety, and general welfare of the City of Andover, and; WHEREAS. The Planning Commission recommends to the City Council approval of the Conditional Use Permit request; NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby agrees 0 with the recommendation of the Planning Commission and approves the Conditional Use Permit for on- sale wine, subject to the following conditions: 1) The applicant shall be required to obtain an on-sale wine license from the City Council. 2) The Conditional Use Permit shall be subject to a sunset clause as defined in City Code 12-14-6. Adopted by the City Council of the City of Andover on this 6th day of February, 2007. CITY OF ANDOVER ~~ ATTEST: a~~ ()db I Ichael R. Gamache, Mayor Victoria V olk, City Clerk 0 0 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 018-07 WHEREAS, providing for public safety is a primary responsibility of government; and, WHEREAS, the sharing of resources between communities has proven a cost effective and practical reality in Anoka County; and, WHEREAS, law enforcement is the primary tool by which criminals can be identified, arrested and prosecuted; and, WHEREAS, technology is now a central and required component for enabling effective law enforcement service; and, WHEREAS, the current method of providing forensic analysis of evidentiary 0 matter is overwhelmed resulting in costly delays in arrest and prosecution of criminals; and, WHEREAS, such delays negatively impact the safety and quality of life in the community: NOW, THEREFORE, BE IT RESOLVED that the Council of the City of Andover supports the construction of a Regional Forensic Crime Laboratory in Anoka County; FURTHER; the City Council supports the County's request for a single appropriation from the State of Minnesota to assist with construction costs of the facility. Adopted by the City Council of the City of Andover this 6th day of February , 2007. CITY OF ANDOVER ATTEST: 0 IJ~ IJd Victoria Volk - City Clerk 0 CITY OF ANDOVER COUNTYOFANOKA STATE OF MINNESOTA RES. NO. R017-07 A RESOLUTION AMENDING THE COMPREHENSIVE LAND USE PLAN OF THE CITY OF ANDOVER TO EXPAND THE METROPOLITAN URBAN SERVICE BOUNDARY TO INCLUDE PROPERTY LOCATED IN THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 35, TOWNSHIP 32 RANGE 24, ANOKA COUNTY, MINNESOTA LEGALLY DESCRIBED AS FOLLOWS: The Southwest Quarter of the Southwest Quarter of Section 35, Township 32, Range 24, Anoka County, Minnesota. EXCEPT Parcel 36 ANOKA COUNTY HIGHWAY RIGHT-OF-WAY PLAT NO. 68, Anoka County, Minnesota. AND EXCEPT that part of said Southwest Quarter of the Southwest Quarter of Section 35 described as follows: 0 Beginning at the southeast comer of said Southwest Quarter of the Southwest Quarter; thence North 88 degrees 57 minutes 11 seconds West, bearing assumed, along the south line of said Southwest Quarter of the Southwest Quarter, 206.94 feet; thence North 01 degrees 02 minutes 49 seconds East 70.00 feet; thence North 88 degrees 57 minutes 11 seconds West 133.53 feet; thence North 00 degrees 40 minutes 01 seconds East 543.01 feet; thence North 51 degrees 38 minutes 21 seconds West 173.53 feet; thence North 00 degrees 40 minutes 01 seconds East 296.82 feet; thence South 88 degrees 57 minutes 11 seconds East 477.32 feet to the east line of said Southwest Quarter of the Southwest Quarter; thence South 00 degrees 40 minutes 01 seconds West, along said east line, 1015.02 feet to the point of beginning. WHEREAS, Anoka County has petitioned the City of Andover to extend municipal sewer and water to the subject property, and; WHEREAS, The 2020 Metropolitan Urban Service Boundary (MUSA) does not include the subject property, and; WHEREAS, analysis of the City's sanitary sewer and water trunk system has determined that sufficient capacity exists to serve the subject property, and; WHEREAS, a public hearing was held pursuant to state statutes, and; 0 WHEREAS, the Planning and Zoning Commission recommends to the City Council approval of the amendment as requested, and; WHEREAS, The Council finds the proposed use will not be detrimental to the health, safety, morals and general welfare of the occupants of the surrounding land, and; 0 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 adopts the following amendment to the Comprehensive Plan, subject to review by the Metropolitan Council: 1) Extend the 2020 Metropolitan Urban Service Boundary (MUSA) to include the subject property described in this resolution. Adopted by the City Council of the City of Andover on this 6th day of February, 2007. CITY OF ANDOVER ATTEST: !l$;.-J(/~ Victoria V olk, City Clerk 0 0 0 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R016-07 A RESOLUTION DENYING A PETITION TO WAIVE PARK DEDICATION AND TRAIL FEES FOR PROPERTY LOCATED AT 16425 HANSON BOULEVARD WHEREAS, Kay Aasness has requested the park dedication and trail fees for the proposed lot split of 16425 Hanson Boulevard be waived; and WHEREAS, The City Council reviewed this request at the February 6, 2007 Council Meeting; and WHEREAS, the City Council was not able to fmd cause to waive the park dedication and trail fees for the propose lot split; and NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby denies the request to waive park dedication and trail fees for property located at 0 16425 Hanson Boulevard NW. Adopted by the City Council of the City of Andover on this 6th day of February, 2007. CITY OF ANDOVER i- ATTEST: fL.~:'.1 I jd~ Victoria V olk, City Clerk 0 0 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 015-07 MOTION by Councilmember Jacobson to adopt the following: A RESOLUTION ORDERING THE IMPROVEMENT OF INTERSECTION IMPROVEMENTS _FOR 161ST AVENUE NW & CRANE STREET NW, PROJECT NO. 06-37 AND DIRECTING PREPARATION OF FINAL PLANS AND SPECIFICATIONS. WHEREAS, Resolution No. 001-07 of the City Council adopted on the 2nd day of January ,2007, fixed a date for a public hearing; and WHEREAS, pursuant to the required published and mailed notice such hearing was held on the 6th day of February , 2007; and WHEREAS, all persons desiring to be heard were given such opportunity for same; and 0 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby order improvement Project No. 06-37 MOTION seconded by Councilmember Orttel and adopted by the City Council at a reqular meeting this 6th day of February , 2007, with Councilmembers Kniqht. Jacobson. Orttel. Gamache. Trude voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: 0 tLt;~adb Victoria Volk - City Clerk 0 EXTRACT OF MINUTES OF A MEETING OF THE CITY COUNCIL OF THE CITY OF ANDOVER, MINNESOTA HELD: February 6, 2007 Pursuant to due call thereof, a regular or special meeting of the City Council of the City of Andover, Minnesota, was duly held at the City Hall on February 6, 2007, at 7:00 P.M. The following members were present: Jacobson, Knight, Gamache, Orttel, Trude and the following were absent: none Member Jacobson introduced the following resolution and moved its adoption: Resolution RO 1 4-07 RESOLUTION APPROVING THE ISSUANCE OF GENERAL OBLIGATION WATER REVENUE REFUNDING BONDS, SERIES 2007B A. WHEREAS, the City of Andover, Minnesota (the "City"), has been advised by EWers & Associates, Inc., in Roseville, Minnesota ("EWers") that a crossover refunding of the City's $9,780,000 General Obligation Water Revenue Bonds, Series 2002, dated June 1,2002 0 (the "Prior Bonds") is feasible via the issuance of General Obligation Water Revenue Refunding Bonds (the "Bonds"); and B. WHEREAS, EWers will solicit a purchaser of the Bonds on behalf of the City; and C. WHEREAS, the City desires to effectuate the transaction whenever market conditions are appropriate. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover, Minnesota, as follows: 1. Authorization. The City Council hereby authorizes Mr. Jim 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 EWers and the net present value savings as a percentage of the present value of the refunded debt service of the Prior Bonds is at least 3.0%. Authorization will expire in 120 days. 2. Meeting. Upon approval of the sale of the Bonds by the City Administrator, the City Council will meet at its next regularly scheduled Council meeting to adopt the necessary approving resolutions and related documents to be prepared by Briggs and Morgan, Professional Association, as Bond Counsel. 0 1993158vl 0 The motion for the adoption of the foregoing resolution was duly seconded by member Knight , and upon vote being taken thereon the following voted in favor thereof: Jacobson, Knight, Gamache, Orttel, Trude and the following voted against the same: none whereupon the resolution was declared duly passed and adopted. Passed: February 6, 2007 ~~#/N-L . ayor Attest: tLf~ .U,a City Clerk 0 0 1993158vl 2 0 EXTRACT OF MINUTES OF A MEETING OF THE CITY COUNCIL OF THE CITY OF ANDOVER, MINNESOTA HELD: February 6, 2007 Pursuant to due call thereof, a regular or special meeting of the City Council of the City of Andover, Minnesota, was duly held at the City Hall on February 6, 2007, at 7:00 P.M. The following members were present: Jacobson, Knight, Orttel, Gamache, Trude and the following were absent: None Member Jacobson introduced the following resolution and moved its adoption: R013-07 RESOLUTION APPROVING THE ISSUANCE OF GENERAL OBLIGATION EQUIPMENT CERTIFICATES, SERIES 2007A A. WHEREAS, the City Council of the City of Andover, Minnesota (the "City"), has been advised by EWers & Associates, Inc., in Roseville, Minnesota ("EWers") that the issuance of the Equipment Certificates, Series 2007 A (the "Certificates") is feasible; and B. WHEREAS, EWers will solicit a purchaser of the Certificates on behalf of the City; and C. WHEREAS, the City desires to effectuate the transaction when the City issues its Water Refunding Bonds. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover, Minnesota, as follows: 1. Authorization. The City Council hereby authorizes Mr. Jim Dickinson, the City Administrator, City of Andover, Minnesota, to execute a Bond Purchase Agreement which will approve the sale of the Certificates to the most favorable proposal maker. Authorization will expire in 120 days. 2. Meeting. Upon approval of the sale of the Certificates by the City Administrator, the City Council will meet at its next regularly scheduled Council meeting to adopt the necessary approving resolutions and related documents to be prepared by Briggs and Morgan, Professional Association, as Bond Counsel. 0 1993174vl 0 The motion for the adoption of the foregoing resolution was duly seconded by member Knight, and upon vote being taken thereon the following voted in favor thereof: Jacobson, Knight, Gamache, Orttel, Trude and the following voted against the same: none whereupon the resolution was declared duly passed and adopted. Passed: February 6,2007. ";~-??LL ~ayor ' Attest: t1~ (14 City Clerk 0 0 1993174vl 2 CITY OF ANDOVER 0 COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 012-07 MOTION by Councilmember Kniqht to adopt the following: A RESOLUTION DECLARING ADEQUACY OF PETITION AND ORDERING PREPARATION OF A FEASIBILITY REPORT FOR THE IMPROVEMENT OF WATER MAIN ,PROJECT NO. 07-13, IN THE AREA OF 13835 UNDERCLlFT STREET NW. WHEREAS, the City Council has received a petition, dated January 24. 2007 requesting the construction of improvements; and WHEREAS, such petition has been validated to represent the signatures of 100% of the affected property owners requesting such improvement. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover that: 1. The petition is hereby declared to be 100% of owners of property affected, 0 thereby making the petition unanimous. 2. Escrow amount for feasibility report is 0 3. The proposed improvement is hereby referred to the City Enqineer and he is instructed to provide the City Council with a feasibility report. MOTION seconded by Council member Jacobson and adopted by the City Council at a reqular meeting this 6th day of February , 2007, with Councilmembers Kniqht. Jacobson. Orttel. Gamache. Trude voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: 0 (ju~ Ur/b Victoria Volk - City Clerk 0 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 011-07 A RESOLUTION REQUESTING A SPEED STUDY ALONG BUTTERNUT STREET NW, 173RD AVENUE NW & FLlNTWOOD STREET NW BETWEEN CROSSTOWN BOULEVARD NW & 166TH AVENUE LOCATED IN SECTIONS 1 & 12, TOWNSHIP 32, RANGE 24 IN THE CITY OF ANDOVER. WHEREAS, the Minnesota Department of Transportation is requested to do a speed study, and; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby request a study with MnDOT along Butternut Street NW, 173rd Avenue NW & Flintwood Street NW between Crosstown Boulevard NW and 177th Avenue NW. 0 Adopted by the City Council of the City of Andover this 6th day of February ,2007. CITY OF ANDOVER ATTEST: ;2:(~ Mayor {J' < tJ$ ."J~ Victoria Volk - City Clerk 0 - Q CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 010-07 MOTION by Councilmember Kniqht to adopt the following: A RESOLUTION ORDERING IMPROVEMENT AND DIRECTING PREPARATION OF PLANS AND SPECIFICATIONS FOR THE IMPROVEMENT OF ANDOVER STATION NORTH BALL FIELD LIGHTING, PROJECT NO. 07-8 WHEREAS, the City Council is cognizant of the need for the lighting improvements; and NOW, THEREFORE BE IT RESOLVED by the City Council to order the improvement of Andover Station North Ball Field Liqhtinq ,Project No. 07-8 ; and BE IT FURTHER RESOLVED by the City Council to hereby direct Wunderlich- 0 Malec Enqineerinq. Inc to prepare the plans and specifications for such improvement project. MOTION seconded by Council member Jacobson and adopted by the City Council at a reqular meeting this 6th day of February , 2007 , with Council members Kniqht. Jacobson. Orttel. Gamache. Trude voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: f)~ li/L- Victoria Volk - City Clerk 0 CITY OF ANDOVER 0 COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 009-07 MOTION by Councilmember Kniqht to adopt the following: A RESOLUTION DECLARING ADEQUACY OF PETITION AND ORDERING PREPARATION OF A FEASIBILITY REPORT FOR THE IMPROVEMENT OF SANITARY SEWER & WATER MAIN ,PROJECT NO. 07-11, IN THE AREA OF 14259 _71H AVENUE NW. WHEREAS, the City Council has received a petition, dated December 26. 2006 requesting the construction of improvements; and WHEREAS, such petition has been validated to represent the signatures of 100% of the affected property owners requesting such improvement. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover that: 1. The petition is hereby declared to be 100% of owners of property affected, 0 thereby making the petition unanimous. 2. Escrow amount for feasibility report is $5.000 3. The proposed improvement is hereby referred to the City Enqineer and he is instructed to. provide the City Council with a feasibility report. MOTION seconded by Councilmember Jacobson and adopted by the City Council at a reaular meeting this 6th day of February , 2007, with Councilmembers Kniqht. Jacobson. Orttel. Gamache. Trude voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: . hael R. Gamache - Mayor 0 I~aa Victoria Volk - City Clerk 0 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R008-07 A RESOLUTION APPROVING A CONDITIONAL USE PERMIT TO ALLOW LAND RECLAMATION ON PROPERTY LOCATED AT 2748 161 ST AVENUE NW(P.I.D. 16-32-24- 42-0001), LEGALLY DESCRIBED AS; THE Northwest quarter of the Southeast quarter of Section 16 Township 32 Range 24, Anoka County, Minnesota except that part described as follows: beginning at a point on the North line of said quarter quarter 1869.85 feet west from the East quarter comer of said section, thence South at a right angle to said North line 208 feet, thence West parallel with said North line 400 feet, thence North at a right angle 208 feet to said North line, thence East along said North line 400 feet to point of beginning, except road, subject to easements of record WHEREAS, Grant Schmitt has requested a Conditional Use Permit to allow land reclamation for a three year period on property located at 2748 16151 Avenue NW; WHEREAS, the Planning and Zoning Commission has reviewed the request and has determined 0 that said request meets the criteria of the City Code; and WHEREAS, the Planning and Zoning Commission finds the request would not have a detrimental effect upon the health, safety, and general welfare of the City of Andover; and WHEREAS, the Planning and Zoning Commission recommends to the City Council approval of the Conditional Use Permit request; NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby agrees with the recommendation of the Planning and Zoning Commission and approves the Conditional Use Permit to allow land reclamation subject to the following conditions: 1. The applicant shall conform to all requirements and recommendations by the Anoka County Highway Department concerning transporting the material on County roads. 2. The applicant shall provide a 3 to 4 foot berm over the portion of the Northern Natural Gas pipeline that will be crossed by trucks. The berm shall be removed when hauling has been completed. 3. The permit shall be limited to three years and shall expire in December of2009. 4. The volume of material stockpiled on the subject property shall be limited to a maximum 0 of 3,000 cubic yards. 5. This permit shall be subject to annual site inspection to determine compliance with the City Code and the conditions of this permit. 6. No concrete, asphalt or other construction material or debris shall be allowed to be stored 0 on the site as a part of this permit. 7. The stockpile shall be located in the southwest quadrant ofthe subject property. 8. The stockpile shall be seeded and mulched to prevent displacement. 9. The hours of operation shall only be between 7am and 6pm. 10. The subject property shall be restored to a level condition or improved when the material has been removed and/or at the time the permit expires. 11. Mining of material beyond the imported stockpile shall be prohibited. 12. The Conditional Use Permit shall be subject to a sunset clause as defmed in City Code 12-l4-6D. Adopted by the City Council of the City of Andover on this 16th day of January, 2007. CITY OF ANDOVER ATTEST: 0 /Lz;~ dLV Victoria V olk, City Clerk Q 0 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 007-07 MOTION by Council member Jacobson to adopt the following: A RESOLUTION ORDERING THE IMPROVEMENT OF 2007 OVERLAYS, PROJECT NO. 07-2 IN THE AREA OF WOODLAND RIDGE. INDIAN MEADOWS 3RD ADDITION & KELSEY ESTATES AND DIRECTING PREPARATION OF FINAL PLANS AND SPECIFICATIONS. WHEREAS, Resolution No. 146-06 of the City Council adopted on the 19th day of December ,2006, fixed a date for a public hearing; and WHEREAS, pursuant to the required published and mailed notice such hearing was held on the 16th day of January , 2007; and WHEREAS, all persons desiring to be heard were given such opportunity for same; and 0 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby order improvement Project No. 07-2 MOTION seconded by Councilmember Trude and adopted by the City Council at a reqular meeting this 16th day of January , 2007, with Councilmembers Jacobson. Trude. Kniqht. Gamache. Orttel (absent) voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: d..:4-~a~ Victoria Volk - City Clerk 0 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA 0 Resolution No. 006-07 Council Member Jacobson introduced the following resolution and moved its adoption: Resolution Providing for the Solicitation of Proposals for the Sale of $6,595,000 General Obligation Water Revenue Refunding Bonds, Series 2007B A. WHEREAS, the City Council of the City of Andover, Minnesota (the "City"), has heretofore determined that it is necessary and expedient to issue the City's $6,595,000 General Obligation Water Revenue Refunding Bonds, Series 2007B (the "Bonds"), to provide funds, together with any contributions of the City, sufficient for a crossover refunding on August 1, 2012, of all of the City's callable General Obligation Water Revenue Bonds, Series 2002, dated June 1,2002, issued in the amount of$9,870,000, callable in the amount of $6,490,000, which mature on February 1 in the years 2013 through 2023; and B. WHEREAS, the City has retained Ehlers & Associates, Inc., in Roseville, Minnesota ("Ehlers"), as its independent financial advisor for the Bonds and is therefore authorized to solicit proposals in accordance with Minnesota Statutes, Section 475.60, Subdivision 2(9); NOW, THEREFORE, BE IT RESOLVED by the City Council of Andover, Minnesota, as 0 follows: 1. Authorization; Findings. The City Council hereby authorizes Ehlers to solicit proposals for the sale of the Bonds. 2. Meeting; Proposal Opening. The City Council shall meet at 7:00 p.m. on February 6, 2007, for the purpose of considering proposals for and awarding the sale of the Bonds. 3. Official Statement. In connection with said sale, the officers or employees of the City are hereby authorized to cooperate with Ehlers and participate in the preparation of an official statement for the Bonds and to execute and deliver it on behalf ofthe City upon its completion. The motion for the adoption of the foregoing resolution was duly seconded by Council Member Knight and, after full discussion thereof and upon a vote being taken thereon, the following Council Members voted in favor thereof: Gamache, Trude, Jacobson, Knight, Orttel (absent) and the following voted against the same: None Adopted by the City Council this 16th day of January, 2007. CITY OF ANDOVER 0 -;hpq#~ / / Attest: (Michael R. Gamache, Mayor i u'-",:r~ (),~ Victoria Volk, City Clerk CITY OF ANDOVER 0 COUNTY OF ANOKA STATE OF MINNESOTA Resolution No. 005-07 Council Member Jacobson introduced the following resolution and moved its adoption: Resolution Providing for the Solicitation of Proposals for the Sale of $765,000 General Obligation Equipment Certificates, Series 2007 A A. WHEREAS, the City Council of the City of Andover, Minnesota (the "City"), has heretofore determined that it is necessary and expedient to issue the City's $765,000 General Obligation Equipment Certificates, Series 2007 A (the "Certificates"), to finance the acquisition of various capital equipment for the City; and B. WHEREAS, the City has retained Ehlers & Associates, Inc., in Roseville, Minnesota ("Ehlers"), as its independent financial advisor for the Certificates and is therefore authorized to solicit proposals in accordance with Minnesota Statutes, Section 475.60, Subdivision 2(9); NOW, THEREFORE, BE IT RESOLVED by the City Council of Andover, Minnesota, as follows: 0 1. Authorization; Findings. The City Council hereby authorizes Ehlers to solicit proposals for the sale of the Certificates. 2. Meeting; Proposal Opening. The City Council shall meet at 7:00 p.m. on February 6,2007, for the purpose of considering proposals for and awarding the sale of the Certificates. 3. Official Statement. In connection with said sale, the officers or employees ofthe City are hereby authorized to cooperate with Ehlers and participate in the preparation of an official statement for the Certificates and to execute and deliver it on behalf of the City upon its completion. The motion for the adoption of the foregoing resolution was duly seconded by Council Member Knight and, after full discussion thereof and upon a vote being taken thereon, the following Council Members voted in favor thereof: Gamache, Trude, Jacobson, Knight, Orttel (absent) and the following voted against the same: None Adopted by the City Council this 16th day of January, 2007. Dated this 16th day of January, 2007. 0 gJ;Y OF A~~. ~;;..d /?~ 1L. Michael R. 'Gamache, Mayor Atte~ J. zW(4 Victoria Volk, City Clerk 0 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA ROO4-07 A RESOLUTION AUTHORIZING APPLICATIONS FOR 2007 COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS TO BE USED TO CONDUCT PROJECTS WITHIN THE CITY OF ANDOVER FOR THE BETTERMENT OF ANDOVER RESIDENTS WHEREAS, the City Council recognizes the need to use Community Development Block Grant funds for the betterment of Andover residents; and WHEREAS, the County of Anoka makes said funds available to the City through the United States Department of Housing and Urban Development, following guidelines established for the use of Community Development Block Grant funds; and WHEREAS, the City will be eligible to receive funds distributed by Anoka County to conduct projects for the residents of the City for the 2007 fiscal year; and NOW, THEREFORE, BE IT RESOLVED, that the City Council hereby approves the 2007 Community Development Block Grant Projects and Budget as follows: 2007 Authorized CDBG Applications with Request Amount 2007 Proiect ProDosal Housing Rehabilitation Revolving Loan Program $50,000 TOTAL $50,000 Adopted by the City Council of the City of Andover on this 2nd day of January, 2007. CITY OF ANDOVER ATTEST: . chael R. Gamache, Mayor ~ O.d Victoria V olk, City Clerk 0 CITY OF ANDOVER 0 COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R003-07 A RESOLUTION DENYING CONDITIONAL USE PERMIT FOR OUTDOOR STORAGE FOR PROPERTY LOCATED AT 13533 JAY STREET NW LEGALLY DESCRIBED AS: THE WEST 272.84 FEET OF LOT 13, WATTS GARDEN ACRES, ACCORDING TO THE PLAT THEREOF ON FILE IN THE OFFICE OF THE REGISTRAR OF TITLES OF ANOKA COUNTY, MINNESOTA, AS MEASURED AT RIGHT ANGLES TO THE WEST LINE THEREOF. SUBJECT TO THE RIGHT-OF-WAY OF COMMERCIAL BOULEVARD OVER THAT PART THEREOF LYING WITHIN PARCEL 4, CITY OF ANDOVER HIGHWAY RIGHT-OF-WAY PLAT NO. 1. WHEREAS, Tony Nitti has requested approval of a conditional use permit for outdoor storage on the subject property, and; WHEREAS, the Planning Commission held a public hearing and reviewed the request based on City Code 12-14-6 and the established criteria for granting conditional use permits; and WHEREAS, the applicant has requested a variance to City Code 12-13-9E.5. which requires a 0 ten foot setback for parking areas and all other uses from side and rear property lines; and WHEREAS, the City Council determined that the proposed conditional use permit would cause a detrimental impact to the surrounding area and finds the following: 1. The proposed use is not compatible with the adjacent residential neighborhood. 2. The proposed overnight storage of waste material on the site is a potential fIre hazard not condoned by the Fire Chief. 3. There is no feasible way to limit the type of material discarded in the containers and as a result, no feasible way to limit the type of material that would be stored on the site. 4. The proposed hours of operation are not compatible with the adjacent residential neighborhood and would have a negative effect on the property values and general welfare of the occupants of surrounding lands. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover has received the recommendation of the Planning Commission and denies the conditional use permit application for outdoor storage based on the findings listed above. Adopted by the City Council of the City of Andover on this 2nd day of January, 2007. 0 ATTEST: ~ /),;/b Victoria V olk, City Clerk 0 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MlNNESOTA RES. NO. R002-07 A RESOLUTION DESIGNATING DEPOSITORIES OF CITY FUNDS AND SUPPLEMENTAL DEPOSITORIES OF CITY FUNDS FOR INVESTMENT PURPOSES ONLY. WHEREAS, Minnesota Statutes sets forth the procedures for the deposit of public funds which include requiring the Andover City Council to annually designate the official depositories for City funds and manage the collateral pledged to such funds; and WHEREAS, other fmancial institutions are, from time to time, able to pay the City of Andover interest rates on deposits that are greater than can be obtained from the official depositories. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover that the City's official depositories for 2007 are the Anoka office of Wells Fargo Bank Minnesota, N.A., the Andover office of US Bank and 151 Regents Bank. 0 BE IT FURTHER RESOLVED that Wells Fargo Investment Services Inc. and Wells Fargo Institutional Trust; US. Bank Institutional Trust; the Minnesota Municipal Money Market Fund; Village Bank; Bank of The West; NortWand Securities; Robert W. Baird & Co. Inc.; Citigroup Global Markets Inc.; UBS Financial Services Inc.; and Morgan Keegan & Company be designated as additional depositories for 2007 for investment and cash management purposes only. BE IT STILL FURTHER RESOLVED that the City Administrator of the City of Andover is hereby designated as the approval authority for the release and acceptance of all collateral to be held by the City in co~unction with City funds on deposit with authorized institutions. Adopted by the Andover City Council on the 2nd day of January 2007. CITY OF ANDOVER ATTEST: 11~ IJvIb Victoria V olk -City Clerk 0 CITY OF ANDOVER 0 COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 001-07 MOTION by Councilmember Trude to adopt the following: A RESOLUTION ACCEPTING FEASIBILITY REPORT AND CALLING PUBLIC HEARING ON IMPROVEMENTS OF 161ST AVENUE NW & CRANE STREET NW INTERSECTION IMPROVEMENTS, PROJECT NO. 06-37. WHEREAS, pursuant to Resolution No. 128-06, adopted the 8th day of November, 2006 a Feasibility Report has been prepared by the City Enqineer for the improvements: and WHEREAS, such report was received by the City Council on the 2nd day of January , 2007; and WHEREAS, such report declared the proposed assessment to be feasible for an estimated project cost of $ 272.911.22. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover that: 1. The City Council hereby accepts the Feasibility Report for Project No. 05-11, 0 for the improvements. 2. The Council will consider the improvements in accordance with the report and the assessment of abutting property for all or a portion of the improvement pursuant to Minnesota Statutes Chapter 429 at an estimated total project cost of $ 272.911.22. 3. A public hearing shall be held on such proposed improvement on the 6th day of February , 2007 in the Council Chambers ofthe City Hall at 7:00 PM and the Clerk shall give mailed and published notice of such hearing and improvement as required by law. MOTION seconded by Councilmember Kniqht and adopted by the City Council at a reqular meeting this 2nd day of January , 2007 , with Councilmembers Trude. Kniqht. Orttel. Jacobson. Gamache Voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: 0 - ~ lJvIb Victoria Volk - City Clerk - . . - , "",., City of Andover 2007 Delinquent Utilities Amount (including PIN Address 23%) 02-32-24-34-0001 17404 WARD LAKE DR NW 31.35 08-32-24-14-0013 3362 170TH LN NW 42.03 08-32-24-44-0009 3386 165TH LN NW 42.80 09-32-24-41-0005 2569 168TH LN NW 24.27 12-32-25-14-0017 4853 170TH LN NW 45.18 12-32-25-21-0007 5259 - 172nd Avenue NW 168.13 12-32-25-24-0002 5347169TH LN NW 540.18 14-32-24-32-0070 15982 EAGLE ST NW 95.96 14-32-24-32-0094 15956 EAGLE ST NW 2,100.03 14-32-24-33-0019 1501 158TH LN NW 558.92 14-32-24-41-0015 904 160TH LN NW 196.80 14-32-24-41-0030 15939 SYCAMORE ST NW 34.62 14-32-24-41-0039 B81160TH LN NW 34.62 14-32-24-42-0026 15964 Vale St NW 145.71 14-32-24-42-0058 15969 VALE ST NW 80.32 14-32-24-43-0078 1038 159TH LN NW 239.58 15-32-24-22-0005 2341 163RD LN NW 43.92 15-32-24-22-0008 16481 UPLANDER ST NW 43.92 15-32-24-22-0011 2255 164TH AVE NW 16.62 16-32-24-22-0032 3126 163RD LN NW 23.11 16-32-24-23-0005 3160 162ND LN NW 90.90 18-32-24-34-0020 .15810 KIOWA ST NW 246.38 19-32-24-41-0009 4134 153RD AVE NW 34.90 22-32-24-13-0043 1975 153RD LN NW 214.94 22-32-24-13-0076 1926 155TH AVE NW 245.36 22-32-24-32-0051 15103 THRUSH ST NW 147.26 22-32-24-33-0073 2239 150TH LN NW 419.34 22-32-24-34-0027 15012 PARTRIDGE ST NW 268.34 22-32-24-34-0034 14921 RAVEN ST NW 99.38 23-32-24-12-0027 1148 155TH AVE NW 85.23 23-32-24-21-0037 1303 155TH LN NW 212.72 23-32-24-23-0084 1511 154TH AVE NW 539.76 23-32-24-34-0014 15120 AVOCET ST NW 496.61 23-32-24-34-0061 15069 YELLOWPINE ST NW 1,027.57 24-32-24-21-0036 15534 JUNIPER ST NW 25.13 25-32-24-31-0003 510 ANDOVER BLVD NW 32.96 25-32-24-31-0005 454 ANDOVER BLVD NW 12.31 25-32-24-33-0046 745 141ST LN NW 127.23 25-32-24-42-0001 222 ANDOVER BLVD NW 16.21 26-32-24-13-0002 1049 ANDOVER BLVD NW 32.96 26-32-24-22-0056 1455 147TH AVE NW 437.31 26-32-24-22-0078 1440 147TH AVE NW 30.84 26-32-24-23-0024 14540 DRAKE ST NW 90.77 26-32-24-23-0057 14530 BLUEBIRD ST NW 767.59 26-32-24-23-0058 1415 ANDOVER BLVD NW 105.01 1f- 26-32-24-23-0073 14559 DRAKE ST NW 202.79 26-32-24-31-0022 14276 BLUEBIRD ST NW 170.88 26-32-24-32-0014 14369 CRANE ST NW 209.84 26-32-24-42-0015 14329 XEON ST NW 21.02 26-32-24-42-0027 1124143RDAVE NW 186.69 26-32-24-42-0061 14396 VALE ST NW 740.35 26-32-24-42-0067 1093 144TH LN NW 66.51 26-32-24-44-0034 826141ST AVE NW 220.07 27-32-24-13-0002 1845 ANDOVER BLVD NW 186.27 27-32-24-14-0006 14671 GROUSE ST NW 123.25 27-32-24-14-0018 14589 IBIS ST NW 83.27 27-32-24-14-0034 14640 GROUSE ST NW 117.82 27-32-24-31-0053 14393 Osage Street NW 224.17 27-32-24-32-0051 2356 145TH AVE NW 35.10 27-32-24-33-0062 14315 RAVEN ST NW 100.15 0 \' 27-32-24-33-0087 14220 CROSSTOWN BLVD NW 228.67 j/' 27-32-24-33-0101 2227 142ND LN NW 208.52 JYt 27-32-24-34-0078 2068142NDAVE NW 349.44 ;}.r ~ \ ...,.)') I.,.. 2089 151ST LN NW 227.65 1\ : OV 27-32-24-41-0100 14393 HUMMINGBIRD ST NW 138.09 27-32-24-41-0108 14433 HUMMINGBIRD ST NW 281.20 27-32-24-41-0109 14439 HUMMINGBIRD CT NW 129.83 28-32-24-34-0018 29D4142ND LN NW 76.01 28-32-24-34-0047 2893141ST AVE NW 146.58 28-32-24-34-0056 2909141ST AVE NW 74.42 29-32-24-13-0006 14526 ROUND LAKE BLVD NW 422.33 29-32-24-31-0103 14298 WOODBINE ST NW 74.91 29-32-24-32-0018 14474 AZTEC ST NW 41.78 29-32-24-32-0042 14495 YUCCA ST NW 174.64 29-32-24-33-0018 14212 BLACKFOOT ST NW 43.81 29-32-24-33-0020 14224 BLACKFOOT ST NW 27.75 29-32-24-33-0021 14228 BLACKFOOT ST NW 27.75 29-32-24-33-0064 14191 BLACKFOOT ST NW 53.52 29-32-24-34-0041 14215 UNDERCLlFT CT NW 104.61 29-32-24-41-0026 14460 JONQUIL ST NW 93.26 29-32-24-41-0028 14436 JONQUIL ST NW 147.54 29-32-24-41-0041 14469 JONQUIL ST NW 62.24 29-32-24-41-0042 14481 JONQUIL ST NW 340.41 29-32-24-41-0051 3324 S COON CREEK DR NW 119.63 29-32-24-42-0013 14325 ROUND LAKE BLVD NW 300.29 29-32-24-42-0029 3419 COON CREEK BLVD NW 306.32 29-32-24-42-0054 3559144TH AVE NW 269.74 29-32-24-43-0003 3527 142ND LN NW 214.09 29-32-24-43-0025 3437 141ST LN NW 111.72 29-32-24-44-0010 14149 ORCHID ST NW 706.23 30-32-24-14-0075 4122 145TH LN NW 518.13 32-32-24-11-0035 3241 139TH LN NW 430.56 32-32-24-12-0003 3545 140TH LN NW 184.12 32-32-24-12-0031 3438 139TH LN NW 840.61 32-32-24-12-0041 14056 ROSE ST NW 31.39 32-32-24-13-0020 13842 SILVEROD CT NW 272.85 32-32-24-13-0028 13872 ROSE ST NW 49.93 32-32-24-14-0038 3296 139TH AVE NW 1,049.77 32-32-24-21-0043 13979 UNDERCLlFT ST NW 178.81 32-32-24-21-0054 3691139TH LN NW 457.45 32-32-24-21-0064 3774 139TH LN NW 98.23 32-32-24-23-0011 13892 WOODBINE ST NW 208.21 32-32-24-24-0055 13804 Vintage Court NW 2,548.30 32-32-24-41-0019 13564 NARCISSUS ST NW 34.62 32-32-24-43-0040 3477 134TH AVE NW 127.18 32-32-24-43-0079 13340 POPPY ST NW 579.18 32-32-24-43-0098 13336 TULIP ST NW 194.33 32-32-24-43-0099 13330 TULIP ST NW 98.39 32-32-24-43-0100 13326 TULIP ST NW 262.30 32-32-24-43-0101 13322 TULIP ST NW 137.93 32-32-24-43-0104 13312 TULIP ST NW 58.23 33-32-24-11-0020 14003 YUKON ST NW 17.43 33-32-24-11-0031 13920 Crosstown Blvd NW 505.76 33-32-24-12-0012 13921 NORTHWOOD DR NW 164.72 33-32-24-13-0019 13839 NORTHWOOD DR NW 21.97 33-32-24-13-0043 2621 BUNKER LAKE BLVD NW * HSE 425.58 33-32-24-13-0046 13733 CROSSTOWN DV NW 243.42 33-32-24-13-0052 2720 138TH AVE NW 347.22 33-32-24-14-0005 2557138TH AVE NW * HSE 443.40 33-32-24-14-0008 2515138TH AVE NW 236.89 33-32-24-14-0012 2439 138TH AVE NW 136.99 33-32-24-14-0023 2542 138TH AVE NW HSE * 452.47 33-32-24-21-0052 2955 139TH AVE NW 103.39 33-32-24-22-0024 13942 IVYWOOD ST NW 266.41 33-32-24-32-0035 3160 BUNKER LAKE BLVD NW 513.89 0 33-32-24-32-0036 3148 BUNKER LAKE BLVD NW 365.69 33-32-24-33-0027 13454 JONQUIL ST NW 48.43 33-32-2441-0040 2449 136TH LN NW 121.51 33-32-2441-0042 2422 - 136th Lane NW 112.09 33-32-2443-0047 13423 CROOKED LAKE BLVD NW 140.88 33-32-24-44-0007 2439 135TH AVE NW 74.16 33-32-24-44-0011 13510 XAVIS ST NW 276.60 33-32-24-44-0032 2539 134TH AVE NW 792.82 34-32-24-21-0001 2101 140TH LN NW 608.24 34-32-24-21-0002 2111 140TH LN NW 466.77 34-32-24-21-0003 2121 140TH LN NW 608.24 34-32-24-21-0006 2151 140TH LN NW 466.77 34-32-24-21-0017 2128 140TH LN NW 578.86 34-32-24-21-0060 14001 NIGHTINGALE ST NW 272.09 34-32-24-22-0007 14041 CROSSTOWN BLVD NW 105.24 34-32-24-22-0022 2361139TH AVE NW 120.56 34-32-24-22-0054 14085 RAVEN ST NW 15.50 34-32-24-22-0067 2263 140TH AVE NW 132.66 34-32-24-24-0007 13819 QUINN ST NW 240.02 34-32-24-24-0061 13762 PARTRIDGE ST NW 98.39 34-32-24-24-0073 2136137TH LN NW 264.99 34-32-24-31-0137 13521 PARTRIDGE CIR NW 54.56 34-32-24-31-D145 13644 PARTRIDGE CIR NW 53.04 34-32-24-31-0147 13640 PARTRIDGE CIR NW 30.63 34-32-24-31-0148 13638 PARTRIDGE CIR NW 117.58 34-32-24-31-0150 13632 PARTRIDGE CIR NW 123.12 34-32-24-33-0016 2373135TH AVE NW 381.40 34-32-24-33-0026 13377 UPLANDER ST NW 44.70 34-32-24-33-0031 13320 THRUSH ST NW 262.86 34-32-24-33-0033 13356 THRUSH ST NW 129.72 34-32-24-34-0021 2118 140TH LN NW 142.89 34-32-244~028 1903 134TH LN NW 78.24 34-32-244~042 1947134TH AVE NW 446.39 34-32-24-43-0047 1887 134TH AVE NW 747.77 34-32-24-43-0085 1849 135TH AVE NW 171.95 34-32-24-43-0086 1859 135TH AVE NW 82.87 34-32-24-43-0098 1979 135TH AVE NW 126.43 34-32-24-4~122 1932 135TH AVE NW 468.88 34-32-24-4~124 1952 135TH AVE NW 397.35 34-32-24-4~137 13476 MARTIN ST NW 131.79 34-32-24-44-0029 13472 Ibis Street NW 112.09 34-32-24-44-0041 13498 HUMMINGBIRD ST NW 241.89 34-32-24~-O050 13381 HUMMINGBIRD ST NW 318.66 34-32-24-44-0065 13344 IBIS ST NW 457.73 35-32-24-12-0048 981 140TH LN NW 660.23 35-32-24-14-0006 13830 SYCAMORE ST NW 133.74 35-32-24-14-0048 13849 PALM ST NW 512.12 35-32-24-21-0071 1282 140TH LN NW 74.62 35-32-24-22-0066 14004 EAGLE ST NW 105.87 35-32-24-24-0023 13747 YELLOWPINE ST NW 334.26 36-32-24-21-0070 14021 HOLLY ST NW 150.88 36-32-24-22-0071 732 140TH LN NW 456.50 TOTAL 44,207.57