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"'C:i ;> (!) > M 0\ fI) "0 'i:Q 0 ~ 0 0 ~ ~ ~ U ~ 0 N 0 ..-< 0 (!) 1a :;: S r/1 . rot ....:l < ~ .&J 0 0 0 (!) l-< r/1 U a l-< > (!) 1a ::s 0 c.::> 15 ~ s:: g ~ "0 ... (!) ~ .9 '-' s:: r-i .~ .s N .... <<l ... ~ s:: (!) 0 ... I ~ u .9 <<l '" ... 00 1::: E E 0 '0 u fI) 0 B 0 ~ (!) ..-< E l-< OJ ~ o(l .E '" N <.8 (!) '" s:: ('<) ~ fa 0;9 '0 C<$ fa 0 I '" (!) s:: u s:: '" ~ ~ (!) .1:: l-< ~ 0;9 ~ (!) .9 ~ 0 ~ ~ <.8 u (X) ~ l-< N fa ~ (!) N 0 fa <.,..; I ... 0 ~ 5 (!) ... l-< 0 I U 0 "0 00 ....:l r/1 (!) u "& j: 00 0 'ii: 0 (!) Q) 0 0 .i:l S 0 bl: 1:1 S ;s l-< l-< "0 > S ... ] '<:t (!) ... N "0 ~ .s. .~ ~ 1:1 ~ > r/1 0 < (!) fa '" Ir) c.::> '" (!) s:: ..-< 0 0\ 1- "0 ~ ~ ~ '" S .9 s:: < I "0 0 <.,..; (!) < 0 Z .9 1:: 0\ s:: 0 0 1:1 i (!) '" (!) fr ~ N < Ir) t'- U :;E > t- ~ N ~ t;::l (!) < '0 I CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA 0 RES. NO. 094-08 A RESOLUTION UPDATING CERTIFIED BONDED INDEBTEDNESS FOR 2009. 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 2009; 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 2009 as listed on Attachment A. Adopted by the City of Andover this /11:- day of December 2008. CITY OF ANDOVER 0 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA 0 RES. NO 093-08 A RESOLUTION ADOPTING THE CITY OF ANDOVER 2009 BUDGET AND 2009 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 [mancial 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 29, 2008; and WHEREAS, Minnesota State Law requires the City to certify to the State of Minnesota Department of Revenue an adopted tax levy by December 29, 2008. NOW, THEREFORE, BE IT RESOLVED that the City Council ofthe City of Andover hereby adopts the 2009 City of Andover Budget and the 2009 property tax levy totaling $10,593,520 as listed on Attachment A. BE IT FURTHER RESOLVED that the City Council of the City of Andover hereby establishes the 2009 City of Andover Budget by fund type as follows: REVENUES EXPENDITURES 0 General Fund $ 9,033,941 General Fund $ 9,183,646 Special Revenue Funds 2,095,050 Special Revenue Funds 1,833,405 Debt Service Funds 5,666,149 Debt Service Funds 6,058,372 Capital Projects Funds 8,755,857 Capital Projects Funds 5,902,045 Enterprise Funds 4,704,170 Enterprise Funds 4,543,210 Internal Service Funds 965,144 Internal Service Funds 951,588 Total $ 31,220,311 Total $ 28,472,266 Adopted by the City of Andover this J&'i!...day of December 2008. ~ ATTEST: 0 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO.092-08 APPROVING COST-OF-LIVING ADJUSTMENTS FOR ALL NON-REPRESENTED EMPLOYEES FOR CALENDAR YEAR 2009 WHEREAS, cost-of-living adjustments for non-bargaining employees are in order to recognize annual inflationary increases in cost-of-living standards as measured by the Consumer Price Index (CPI), and regional economic and market-based indicators; and WHEREAS, the annual percentage adjustments of three (3.0) percent effective January 1,2009, are within the expenditure guidelines established in the 2009 Budget; and WHEREAS, non-bargaining employees are defined as those public employees not formally represented by an exclusive bargaining group as defined 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, 2009, for all non- represented employees. Adopted by the City Council on December 16, 2008 CITY OF ANDOVER -:2 ~ // 'l' /,,0 r ;./ ..// U Ma r Mike Gamache- Mayor Attest: L~P'j~ht cJ)!J.;~ Mi helle Hartner, Deputy City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 091-08 MOTION by Councilmember Jacobson to adopt the following: A RESOLUTION ORDERING PREPARATION OF A FEASIBILITY REPORT FOR THE IMPROVEMENT OF PROJECT NO. 08-37, 157TH AVENUE RECONSTRUCTION (MSAS 102). WHEREAS, the City Council of the City of Andover is cognizant of the need for the improvements, specifically Project 08-37, 157th Avenue Reconstruction (MSAS 102); 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/City Engineer and he is instructed to provide the City Council with a feasibility report. MOTION seconded by Councilmember o rtle I and adopted by the City Council at a regular meeting this 16th day of December , 2008 , with Councilmembers Jacobson. Ortlel. Kniaht. Trude. Gamache voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: ~ ~Ui}Li f il( ifttl-trJM Mic elle Hartner - Deputy City Clerk CITY OF ANDOVER COUNTYOFANOKA STATE OF MINNESOTA RES. NO 90-08 A RESOLUTION APPROVING THE CONDITIONAL USE PERMIT REQUEST OF RIVERDALE ASSEMBLY OF GOD CHURCH FOR PROPERTY LOCATED AT 3210 BUNKER LAKE BOULEVARD. NW, (PIN 32-32-24-41-0002) LEGALL Y DESCRIBED AS: The east 495 feet, as measured along the north and south lines, of the northeast 1/4 of the southeast 1/4 of section 32, township 32 range 24, except roads, subject to easements of record. WHEREAS, Riverdale Assembly of God Church has requested a Conditional Use Permit for institutional signage in a residential district with an aggregate square footage exceeding thirty-two (32) square feet and; 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 ofthe Conditional Use Permit request; NOW, THEREFORE, BE IT RESOLVED, that the City Council ofthe City of Andover hereby agrees with the recommendation of the Planning and Zoning Commission and approves the Conditional Use Permit for institutional signage in a residential district with a maximum aggregate square footage of one-hundred (100) square feet on said property with the following condition: 1. That the sign shall confonn to City Code section 12-15. 2. All other signage on the property shall be removed. The sign shall have adjustable illumination controls which will be dimmed during evening hours. Lighting adjustments shall be made if complaints are received about the brightness of the sign impacting neighboring property owners or motorists and if the City Council agrees with those complaints and orders a change in the illumination. 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 2nd day of December, 2008. CITY OF ANDOVER ATTEST: . . CITY OF ANDOVER COUNTY OF ANOKA 0 STATE OF MINNESOTA RES. NO. 089-08 MOTION by Councilmember Trude to adopt the following: A RESOLUTION ORDERING PREPARATION OF A FEASIBILITY REPORT FOR THE IMPROVEMENT OF PROJECT NO. 09-2, 2009 STREET RECONSTRUCTION. WHEREAS, the City Council of the City of Andover is cognizant of the need for the improvements, specifically Project 09-2, 2009 Street Reconstruction; 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/City Enqineer and he is instructed to provide the City Council with a feasibility report. 0 MOTION seconded by Councilmember Jacobson and adopted by the City Council at a reqular meeting this 2nd day of December , 2008 , with Councilmembers Kniqht, Orttel, Gamache, Trude, Jacobson voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ~'~"..~ '&0 ATTEST: ~',.,...... "'<-..'~ # ..' .~ ,..;#7' ._." ~. . . Ichael R. Gamache - Mayor \. A, c:J!t .~ -- j ..~- al)~ Mic elle Hartner - Deputy City Clerk 0 CITY OF ANDOVER COUNTYOFANOKA STATE OF MINNESOTA RES. NO 88-08 A RESOLUTION APPROVING A TIME EXTENSION FOR 'THE PRELIMINARY PLAT OF "PARKS IDE AT ANDOVER STATION" WHEREAS, the developer, Bruggeman Homes has requested a time extension to allow them to complete the development without repeating the review process a second time; and WHEREAS, the City Council had approved the preliminary plat ofthe project known as "Parks ide at Andover Station" on May 16, 2006; and WHEREAS, the plat is still in conformance to the current city code. NOW, THEREFORE, BE IT RESOLVED by the City Council ofthe City of Andover to hereby approve the requested four year time extension of the preliminary plat of "Parkside at Andover Station", subject to the following: 1. The four years commences from the date of the previous preliminary plat approval. 2. Approval is contingent upon completion of all required conditions of the original preliminary plat approval. Adopted by the City Council ofthe City of Andover this 2nd day of December, 2008. - 0 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 087-08 MOTION by Councilmember Jacobson to adopt the following: A RESOLUTION APPROVING CHANGE ORDER #--1- TO PROJECT NO. 07 -48, TOWER #2 . WHEREAS, the City of Andover has a contract for Project No. 07-48 with TMI Coatinqs, Inc. of St. Paul. MN NOW THEREFORE, BE IT RESOLVED by the City Council of Andover to hereby approve the change order to Project No. 07-48. Adopted by the City Council of the City of Andover this 18th day of 0 November , 2008. CITY OF ANDOVER ATTEST: I (; CITY OF ANDOVER 0 COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 086-08 MOTION by Councilmember Jacobson to adopt the following: A RESOLUTION ADOPTING THE ASSESSMENT ROll FOR THE IMPROVEMENT OF SEPTIC SYSTEM IN THE FOllOWING AREA OF 2279-154TH LANE NW, PROJECT 08-25. 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 the City of Andover that: 1. Such proposed assessment, a copy of which is attached hereto and made a 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 0 period of ~ years, the first of the installments to be payable on or before the 1 st Monday in January, 2009 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 Orttel and adopted by the City Council at a reqular meeting this 18th day of November ,2008, with Councilmembers Gamache. Kniqht. Trude voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. ATTEST: . 0\' 0 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 085-08 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 Russ Schmeichel of trees planted at Sophies Park. NOW, THEREFORE BE IT RESOLVED by the City Council to hereby accept the donation. . 0 MOTION seconded by Councilmember OrUel and adopted by the City Council at a regular meeting this 18th day of November 2008, with Councilmembers Gamache. Kniqht. Trude voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: ~~ ftL d1(J;l1t1~ ) Mic elle Hartner - Deputy CIty Clerk 0 0 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 084-08 A RESOLUTION ADOPTING THE ASSESSMENT ROLL FOR THE CERTIFICATION OF DELINQUENT SEWER, WATER, STORM SEWER, STREET LIGHTING CHARGES, FALSE ALARM FINES, TREE REMOVAL 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 fines, tree removal and/or mowing fees. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF ANDOVER, MINNESOTA: 1. Such proposed assessment, a copy of which is attached hereto and made part hereof, is hereby accepted and shall constitute the special assessment against the lands named therein, and each tract of land therein included is hereby found to be benefited by the proposed improvement 0 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, 2009 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 14,2008. Adopted by the City Council of the City of Andover on this 5th day of November, 2008. CITY OF ANDOVER ATTEST: i helle Hartner - Deputy City Clerk 0 CITY OF ANDOVER COUNTY OF ANOKA 0 STATE OF MINNESOTA RES. NO. 083-08 MOTION by Councilmember Jacobson to adopt the following: A RESOLUTION ADOPTING THE ASSESSMENT ROLL FOR THE IMPROVEMENT OF 2008 OVERLAYS, PROJECT NOS. 08-2A (NORTHGLEN AREA) & 08-2B (GROW OAK VIEW 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 equal to or greater than 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, 2009 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 5th day of November , 2008 ,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: -1J 0 0 CITY OF ANDOVER COUNTYOFANOKA STATE OF MINNESOTA RESOLUTION NO.082 -08 A RESOLUTION CANVASSING THE RETURNS OF THE MUNICIPAL ELECTION HELD ON THE 4TH DAY OF NOVEMBER, 2008 IN THE CITY OF ANDOVER, ANOKA COUNTY, MINNESOTA. The Municipal Election was held in and for the City of Andover on the 4th day of November, 2008 and was in all respects duly and legally canvassed; and the votes received for each candidate are shown on the attached. The following are hereby declared and certified as those elected: Mayor - Mike Gamache (2-year term) Councilmembers - Mike Knight and Sheri Bukkila(4-year terms) 0 BE IT FURTHER RESOLVED that no irregularities were noted. The summary ofthe voter results is hereby attached and made part of this resolution. Adopted by the City Council ofthe City of Andover this ~, day of November, 2008. CITY OF ANDOVER Attest: 0 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 081-08 MOTION by Councilmember Trude to adopt the following: A RESOLUTION RELATING TO FINANCING OF CERTAIN PROPOSED PROJECTS TO BE UNDERTAKEN BY THE CITY OF ANDOVER ESTABLISHING COMPLIANCE WITH REIMBURSEMENT BOND REGULATIONS UNDER THE INTERNAL REVENUE CODE. WHEREAS, the Internal Revenue Service has issued Section 1.103-18 of the Income Tax Regulations (the "Regulations") dealing with the issuance of bonds, all or a portion of the proceeds of which are to .be used to reimburse the City for project expenditures made by the City prior to the time of . the issuance of the bonds; and WHEREAS, the Regulations generally require that the City make a prior declaration of its official intent to reimburse itself for such prior expenditures out of the proceeds of a subsequently issued borrowing, that the borrowing occur and the reimbursement allocation be made from the proceeds of such borrowing within one year of the payment of the expenditure or, if longer, within one year of the date the project is placed in service, and that the expenditure be a capital expenditure; and WHEREAS, the City desires to comply with requirements of the Regulations with respect to 0 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 0 of the Regulations. 2. Budgetarv 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, 0 therefore, is determined to be consistent with the City's budgetary and financial circumstances as they exist or are reasonably foreseeable on the date hereof, all within the meaning and content of the Regulations. 3. Filinq. This resolution shall be filed within 30 days of its adoption in the publicly available official books and records of the City. This resolution shall be available for inspection at the office of the City Clerk at the City Hall (which is the main administrative office of the City) during normal business hours of the City on every business day until the date of issuance of the Bonds. 4. Reimbursement Allocations. The City's financial officer shall be responsible for making the "reimbursement allocations" described in the Regulations, being generally the transfer of the appropriate amount of proceeds of the Bonds to reimburse the source of temporary financing used by the City to make payment of the prior costs of the projects. Each allocation shall be evidenced by an entry on the official books and records of the City maintained for the Bonds, shall specifically identify the actual prior expenditure being reimbursed or, in the case reimbursement of a fund or account in accordance with Section 1.103-18, the fund or account from which the expenditure was paid, and shall be effective to relieve the proceeds of the Bonds from any restriction under the bond resolution or other relevant legal documents for the Bonds, and under any applicable state statute, which would apply to the unspent proceeds of the Bonds. MOTION seconded by Councilmember Jacobson and adopted by the City Council of the City of 0 Andover on this ~ day of November, 2008 with Councilmembers Gamache, Kniqht. OrUel voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was passed. CITY OF ANDOVER ATTEST: ~. 0 0 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 080-08 AUTHORIZE SAFE ROUTES TO SCHOOL GRANT APPLICATION TO THE MINNESOTA DEPARTMENT OF TRANSPORATION WHEREAS, funds have been authorized for Minnesota's Safe Routes to School Program in the Federal Transportation Bill, SAFETEA-LU, to improve the conditions and quality of bicycling and walking to school; and WHEREAS, the State of Minnesota Department of Transportation (MnDOT) is accepting grant applications for authorized funds; and WHEREAS, the City of Andover has identified needs for enhancements to the walking routes for local schools, specifically a trail section along the east side 0 of Hanson Boulevard NW from 148th Lane NW to 1S0th Lane NW. NOW THEREFORE, BE IT RESOLVED by the City Council of Andover as follows: . 1. The City Council hereby supports the applications to MnDOT for consideration of the Safe Routes to School Grant funds. Adopted by the City Council of the City of Andover this Sth day of November , 2008. CITY OF ANDOVER c~~r>? cd~ ATTEST: /' Michael" R. Gamache - Mayor If ' elf, ~" , / .,. I. JjLL \ (l/rtru./J 0 MI elle Hartner - Deputy City Clerk 0 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (763) 755-5100 FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US RESOLUTION # 079-08 WHEREAS: The Metropolitan Council and the Minnesota Department of Transportation have prepared a Draft 2030 Transportation Policy Plan for review and comment by the public and affected parties which describes the policies that will govern the use of available transportation funds for the duration of the 2030 Plan; and, WHEREAS: The funding available is anticipated to be significantly less than is needed for the preservation, operation and expansion of the Metropolitan area transportation system; and, 0 WHEREAS: The Metropolitan Council has proposed that expansion of the Metro area roadway system be its lowest priority and that previously planned expansion projects be put on "hold" while alternative design plans can be developed via "System Optimization Studies"; and, WHEREAS: The key elements of the System Optimization Study proposed in the 2030 Plan for "re-scoping" include Regional Equity as a criteria; WHEREAS: Completion of TH 610 has been categorized as an expansion project subject to further delays and revised design considerations and is not acknowledged as the last remaining major segment of the Metro system to be completed; and, WHEREAS: TH 610 in Maple Grove is the only metropolitan major link in the Principal Arterial system that currently has zero lane miles, thus causing significant disruption for the citizens of the north metro area, life threatening safety issues, high business operating costs and delayed economic investment; and, 0 0 WHEREAS: The cost of completion of TH 610 has increased to $224 Million from $150 Million due to a substantial increase in the cost of construction materials over the past five years and this trend is expected to continue. NOW THEREFORE BE IT RESOLVED BY THE CITY OF ANODVER That the Metropolitan Council and Mn/DOT are requested to reconsider the policy language in the Draft 2030 Transportation Policy Plan that includes completion of TH 610 as an expansion project subject to further delay and re-scoping and to establish a high priority project category for completion of the Metro System and TH 610 as a precursor to any other expansion project; and, BE IT FURTHER RESOLVED, That the Commissioner of Transportation is requested to assist the Metropolitan Council in creating a plan for the funding and construction of the remaining TH 610 plans with construction beginning in 2011 on the easterly segment and beginning in 2013 on the westerly segment; and, BE IT FURTHER RESOLVED, That Legislative leaders and our area Legislators are urged to enact enabling legislation in 2009 that will accelerate the 0 completion of TH 610; and, D THIS 21 ST DAY OF OCTOBER, 2008, BY THE CITY OF ANDOVER CITY COUNCIL. ~. '~ \~ \ \ Cit~ Clerk \J 0 - 2 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA 0 RES. NO 078-08 . A RESOLUTION ADOPTING THE CITY OF ANDOVER 2009-2013 CAPITAL IMPROVEMENT PLAN. WHEREAS, the preparation and adoption of capital improvement plans is recognized as sound [mancial practice; and WHEREAS, the City of Andover has the responsibility to appropriately and efficiently rrianage 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 ofthe City of Andover hereby adopts the 2009-2013 City of Andover Capital Improvement Plan. Adopted by the City of Andover this 21st day of October 2008. ATTEST: - .. ~cJlf1\ tJ'LL0 Mi helle Hartner - Deputy City Clerk 0 0 0 STATE OF MINNESOTA) COUNTY OF ANOKA) CITY OF ANDOVER) I, the undersigned, being the duly qualified and acting City Clerk ofthe City of Andover, Minnesota, do hereby certify that I have carefully compared the attached Resolution No. 078-08 adopting the City of Andover 2009-2013 Capital Improvement Plan with the original record thereof preserved in my office, and have foundthe same to be true and correct transcript of the whole thereof. .-"--~- IN TESTIMONY WHEREOF, I have hereunto subscribed my hand this 21s~ay oM 008. \ '\" \~- ~ ,.~, .,. ... .;.{,. ""-~.... Jai1t.~~ Dickinson - City Clerk ." ". "'\-, "\ ~,J 0 0 0 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RESOLUTION NO. R077-08 A RESOLUTION APPOINTING JUDGES TO SERVE AT THE NOVEMBER 4,2008 GENERAL ELECTION IN THE CITY OF ANDOVER. WHEREAS, the City Council is required by State Statute to appoint election judges to serve at the November 4,2008 General Election. NOW, THEREFORE, BE IT RESOLVED that the following are appointed to serve as election judges at the November 4, 2008 General Election. Precinct # 1 - Hope Lutheran Church Gloria Young, Chief Judge Annette Anderson Donald Berg David Catherson Sharon Cramer Andy Lantos Carol Moeller Shirley Olson 0 Michael Schilling Richard Snyder Jennifer Trenda Donna Turnbom Precinct #2 - Grace Lutheran Church Gretchen Sabel, Chief Judge Nancy Ahlberg Christine Deggendorf Linda Evavold Frances Gargano Joe Holloway John Johanson Joann Koechler Bonnie Lapham Fred Lown Marie Romo Pamela Schilling Susan Christofferson Precinct #3 - Riverdale Assembly of God Church Phyllis Kieffer, Chief Judge Pamela Anson Elaine Boos Kay Funk Sue McBride Barbara Peters Janice Quick Christine Schonning Connie Schultz Michael St. John 0 Precinct #4 - Crooked Lake Elementary School Kelly Danzl, Chief Judge John Catherson Leatrice Cooper Stan Graf Carol Hibbard Mildred Johnson Ginger Nelson Liliya Ustimchuk Michelle Winship Precinct #5 - Meadow Creek Church Luther Romo, Chief Judge Don Ahlberg John Hibbard Jerome Lapham Pat Larson Mary Munson Mary Ellen Simcoe Peter Ustimchuk Terry VanNote Precinct #6 - Bunker Hills Activity Center Carol Murschel, Chief Judge Susan Beal Dan Frost Connie Holloway Albert LaCombe Dan Lehrer Judy Lestina Deborah Mayasich Gerald Nelson Sandy Roslin Marlene Schafer Roger Schultz Precinct #7 - Andover Community Center Lois Spadgenske, Chief Judge Shirley Beam Nancy Brinkman Kim Halberg Richard Lindmark Jr. Pat Lindquist Pat Maltzen Larry Mueller Norman Myhre Lisa Nicoski Nancy Posl Cheryl Schultz Mary Sullivan John Wolf Precinct #8 - Andover Christian Church Marie Bourque, Chief Judge Corrine Buftham Ermelinda Egge Julie Haugen Virginia Hayes Megan Jan Tom Johnson Rachel Kintop Bruce Maltzen John Marek Amanda Nowack Ashley Young 0 Precinct #9 - Prairie Oak Community Church Julie Trude, Chief Judge Martha Burckhardt Bruce Crane Susan Fanucci Gary Horning Barbara Humphreys Dolores Jeska Peggy Kuntz William Obedoza Lucy Schalwig 0 Patricia Schert Mary White Precinct # 10 - Andover Elementary School Brenda Fildes, Chief Judge James Anderson Sharlene Booker Stan Deden Sarah Erickson James Fandrich Julie Holtey Lois Koblitz Linda Nelson Mike Roslin Joellyn Soler Sandra Stewart Diane Terebenet Adopted by the City Council of the City of Andover this 7th day of October. 2008. CITY OF ANDOVER 0 Attest: ILl 0 CITY OF ANDOVER COUNTY OF ANOKA 0 STATE OF MINNESOTA RES. NO. 076-08 MOTION by Councilmember Jacobson to adopt the following: A RESOLUTION FOR HEARING ON PROPOSED ASSESSMENT FOR THE 2008 OVERLAYS, PROJECT NOS. 08-2A (NORTHGLEN AREA) & 08-2B (GROW OAK VIEW ESTATES) . WHEREAS, by a resolution passed by the City Council on September 16. 2008, the City Clerk was directed to prepare a proposed assessment of the cost of the improvement for Project Nos. 08-02A & 08-02B 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 5th day of November ,2008 ,in the City Hall at 7:00 PM to pass upon such proposed assessment and at such time and 0 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 Kniqht and adopted by the City Council at a reqular meeting this ih day of October , 2008 , 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 \ ~ . U-L ot! tli-frI.LLJ Mic elle Hartner - Deputy City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA 0 RES. NO. 075-08 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, TREE REMOVAL AND FALSE ALARM FINES THE CITY COUNCIL OF THE CITY OF ANDOVER HEREBY RESOLVES: WHEREAS, delinquent utility service charges, mowing fees, tree removal and false alarm fines in the amount of$89,568.40 exist as of October 2,2008; 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, tree removal 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 $89,568.40 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 2009, 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 ~ day of November , 2008 at the Andover City Hall at 7:00 P.M. to pass upon such proposed assessment and at such time and place all persons affected by such proposed assessment will be given an opportunity to be heard with reference to such assessment. 2. The City Clerk is hereby directed to cause a notice of hearing on the proposed 0 assessment to be published once in the official newspaper at least two weeks prior to the hearing. 3. The owner of any property so assessed may at any time prior to certification of the assessment to the County Auditor, pay the whole assessment with no interest. 0 MOTION seconded by Councilmember Knight and adopted by the City Council at a regular meeting this 7th day of October, 2008, with Councilmembers Gamache. Orttel. Trude voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: 0 0 - CITY OF ANDOVER COUNTY OF ANOKA 0 STATE OF MINNESOTA RES. NO. 074-08 MOTION by Councilmember Jacobson to adopt the following: A RESOLUTION ADOPTING THE ASSESSMENT ROLL FOR THE IMPROVEMENT OF EXTENSION OF SANITARY SEWER PROJECT NO. 07-37 A , METROPOLITAN MOSQUITO CONTROL. 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, 2009 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 assessmentor 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 ih day of October , 2008 , 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: ~~d-L MIChael R. Gamache - Mayor ~' ( ~1J ili~jj~4rLf.;U Micelle Hartner - Deputy City Clerk 0 EXIRACT OF :MlNUIES OF A rvIEEIlNG OF THECITYCOUNCIL OF THE CITY OF ANDOVER, MINNESOTA HFl.D: September 16, 2008 . R073-0S Pursuant to due call and notice tnereof, a regular or special meeting of the City Council of the City of Andover, Anoka County, Minnesota, was duly called and held at the City Hall on September 16,2008, at 7:00 P.M., for the purpose, in part, of authorizing the issuance and awarding the sale of $630,000 General Obligation Equipment Certificates, Series 2008A. The following members were present: Gamache, Knight, Jacobson, Trude, and Orttel and the following were absent: None Member Knight introduced the following resolution and moved its adoption: RESOLUTION PROVIDlNG FOR THEISSUANCEAND SAIE OF $630,000 GENERALOBIlGATION EQUIPMENTCERTlFICA1ES, SERIFS 2008AAND IEWING A TAXFOR THEPAYMENT1HEREOF A. WHEREAS, the City of Andover, Minnesota (the "City"), has heretofore determined and declared that it is necessary and expedient to issue $630,000 General Obligation Equipment Certificates, Series 2008A (the "Certificates" or, individually, a 0 "Certificate"), pursuant to Minnesota Statutes, Chapter 475 and Minnesota Statutes, Section 412.301, to finance the acquisition of capital equipment for the City (the "Project"); and B. WHEREAS, 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 C. WHEREAS, the principal amount of the Certificates does not exceed one-quarter of one percent (0.25%) of the market value of the taxable property in the City ($3,000,212,200 times 0.25% is $7,500,530); and D. WHEREAS, no other obligations have been sold pursuant to a private sale within the last twelve calendar months of the date hereof which when combined with this issue would exceed the $1,200,000 limitations on negotiated sales as required by Minnesota Statutes, Section 475.60, Subdivision 2(2); and; and NOW, lHEREFORE, BE IT RESOLVED by the Council of the City of Andover, Minnesota, as follows: 1. Acceptance of Offer. The offer of First Regents Bank, Andover, Minnesota, to purchase the Certificates and to pay therefor the sum of $630,000, all in accordance with the terms and at the rate of interest hereinafter set forth, is hereby accepted. 2. Original Issue Date: Denominations: Maturities: futerest. The City shall forthwith 0 issue the Certificates, which shall be in fully registered form without interest coupons, shall be dated, mature, bear interest and be payable as provided in the form of the Certificate. 2228690vl 1 0 3. Purpose. The Certificates shall provide funds to finance the Project, particularly for the acquisition of capital equipment having a useful life at least as long as the Certificates. The total cost of the Project, which shall include all costs enumerated in Milmesota Statutes, Section 475.65, is estimated to be at least equal to the amount of the Certificates. 4. Registrar. The Clerk, City of Andover, Milmesota, 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. 5. Form of Certificate. The Certificates, together with the Registrar's Certificate of Registration, shall be in substantially the following form: 0 0 2228690v] 2 0 UNITED STA1ES OF AMERICA STAlE OF MINNESOTA ANOKACOUNTY CITY OF ANDOVER R-1 $630,000 GENERAL OBIlGATIONEQUIPMENT CERTlFICAlE, SERIES 2008A futerest Rate Final Maturity Date Date of Original Issue 3.50% February 1,2012 September 23, 2008 REGIS1EREO OWNER: FIRSTREGENTS BANK PRINCIPALAMOUNT: SIXHUNDRED1HIRTYlHOUSAND 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, duly certified on the Certificate of Registration attached to and made a part of this Certificate (the "Owner"), in the manner hereinafter set forth, the $630,000 principal 0 amount of this Certificate in the principal installments due on February 1 of the years and in the amounts, respectively, as follows, with each such principal installment bearing interest until paid at the interest rate of3.50% per annum: Principal Installments Due February 1 Amount 2009 $150,000 2010 154,000 2011 160,000 2012 166,000 Interest shall be payable semiannually on February 1 and August 1 of each year, commencing February 1,2009, and shall be calculated on the basis of a 360 day year consisting of twelve 30 day months. At the time of final payment of all principal of and interest on this Certificate, the Registered Owner shall surrender this Certificate to the City Clerk at the City Hall, in Andover, Minnesota. No Optional Redemption. The Certificates ofthis issue (the "Certificates") are not subject to redemption and prepayment prior to their stated maturity dates. Issuance: Purpose: General Obligation. This Certificate is issued as a single instrument 0 pursuant to and in full conformity with the Constitution and laws ofthe State of Minnesota and pursuant to a resolution adopted by the City Council on September 16,2008 (the "Resolution"), for the purpose of providing money to finance the purchase of various items of capital 2228690vl 3 0 equipment for the Issuer. This Certificate is payable out of the General Obligation Equipment Certificates, Series 2008AFund 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. Manner ofPavment. The principal of and interest on this Certificate are payable when due by check or draft mailed or otherwise delivered by or on behalf of the Clerk to the Owner hereof as of the end of the first day ofthe month, whether or not a business day (the "Record Date"), of the applicable payment due date; provided that if the Issuer shall be in default in payment of interest due on said date, whenever money becomes available for payment of such defaulted interest, the Clerk shall establish a special Record Date with respect to the payment thereof and shall mail written notice of the special Record Date not less than fifteen days prior to such date to the person that was the Owner ofthe Certificate as of the close of business of the Issuer on the fifth business day of the Issuer preceding such mailing, and the Owner as of the special Record Date shall be entitled to receive the payment of such defaulted interest. All principal of and interest on this Certificate are payable in any coin or currency of the United States of America which on the date of payment is legal tender for the payment of public and private debts. Date of Payment Not a Business Day. If the nominal date for payment of any principal of or interest on this Certificate shall not be a business day of the Issuer or of the Owner, then the 0 date for such payment shall be the next such business day and payment on such business day shall have the same force and effect as if made on the nominal date of payment. Transfer. This Certificate is transferable, as provided in the Resolution, upon the Register kept by the Clerk upon surrender of this Certificate together with a written instrument of transfer duly executed by the Owner or the Owner's attorney duly authorized in writing, and thereupon a new, fully registered Certificate in the same aggregate principal amount shall be' issued to the transferee in exchange therefor (or the transfer shall be duly recorded on the Register and the Certificate of Registration hereof), upon the payment of charges and satisfaction of applicable conditions, if any, as therein prescribed; provided that such transfer may occur only with respect to the entire Certificate and all ofthe remaining principal amount of the sole final maturity hereof. The Issuer may treat and consider the person in whose name this Certificate is registered as the absolute Owner hereof for the purpose of receiving payment of or on account of the principal of and interest on this Certificate (except for the payment of interest to the Owner as of a Record Date) and for all other purposes whatsoever. Qualified Tax-Exempt Obligation. This Certificate has been designated by the Issuer as a "qualified tax-exempt obligation" for purposes of Section 265(b )(3) of the futernal Revenue Code of 1986, as amended. IT IS HEREBYCER1IF1ED AND RECIIED 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 Certificate, have been done, have happened and have .0 been performed, in regular arid 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 2228690vl 4 0 hereof and the date of its issuance and delivery to the original purchaser, does not exceed any constitutional or statutory limitation of indebtedness. IN WITNESS WHEREOF, the City of Andover, Anoka County, Minnesota, by its City Council has caused this Certificate to be executed on its behalfby the manual signatures of its Mayor and its Clerk, the corporate seal of the Issuer having been intentionally omitted as permitted by law. Date of Registration: CIIYOF ANDOVER, ANOKACOUNTY, MINNESOTA September 23, 2008 REGIS1RABIEBY AND PAYABIEAT: Its: City Clerk Mayor City of Andover, Minnesota Its: Oerk 0 0 2228690vl 5 0 CERTlFICAlE OF REGIS1RAlION The transfer of ownership of the principal amount of the attached Certificate may be made only by the registered owner or the registered owner's legal representative last noted below: DAlE OF SIGNATURE OF REGISlRAR REGIS1RAlION REGISIERED OWNER 0 0 2228690vl 6 0 6. Execution. The Certificates shall be executed on behalf ofthe City by the manual signatures of its Mayor and Clerk, the seal having been omitted 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 signature of that officer who may act on behalf of such absent or disabled officer. In case either such officer whose signature shall appear on the Certificates shall cease to be such officer before the delivery of the Certificates, such signature shall nevertheless be valid and sufficient for all purposes, the same as ifthe officer had remained in office until delivery 7. Deliverv: Application of Proceeds. The Certificates when so prepared and executed shall be delivered by the Clerk to the Purchaser upon receipt of the purchase price and the Purchaser shall not be obliged to see to the proper application thereof. 8. Funds and Accounts and Subaccounts. There is hereby created a special fund to be designated the "General Obligation Equipment Certificates, Series 2008AFund" (the "Fund") to be administered and maintained by the Clerk 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: (a) CapitalAccount. To the Capital Account there shall be credited the proceeds of the sale of the Certificates, less accrued interest. From the Capital Account there shall be paid all costs and expenses of the acquisition ofthe Project including all costs incurred and to be 0 incurred of the kind authorized in Minnesota Statutes, Section 475.65. The moneys in the Capital 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. (b) Debt Service Account. There are hereby irrevocably appropriated and pledged to, and there shall be credited to, the Debt Service Account: (i) all accrued interest received upon delivery ofthe Certificates; (ii) any collections of all taxes heretofore, herein or hereafter levied for the payment of the Certificates and interest thereon; (ill) all funds remaining in the Capital Account after the payment of all costs of the Proj ect; (iv) all investment earnings on funds held in the Debt Service Account; and (v) 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 ofthe 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 (1) for a reasonable temporary period until such proceeds are needed for the purpose for which the Certificates were issued and (2) in addition to the above in an amount not greater than the lesser offive percent of the proceeds of the Certificates or $100,000. To this effect, any proceeds of the Certificates and any sums from 0 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 2228690vl 7 0 therefrom) in excess of amounts which under then applicable federal arbitrage regulations may be invested without regard to yield shall not be invested at a yield in excess of the applicable yield restrictions imposed by said arbitrage regulations on such investments after taking into account any applicable "temporary periods" or "minor portion" made available under the federal arbitrage regulations. Money in the Fund shall not be invested in obligations or deposits issued by, guaranteed by or insured by the United States or any agency or instrumentality thereof if and to the extent that such investment would cause the Certificates to be "federally guaranteed" within the meaning of Section 149(b) ofthe futernal Revenue Code of 1986, as amended (the "Code"). 9. Tax Levy: Coverage Test. To provide moneys for payment ofthe 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 Levy Year of Tax Collection Amount 2008 2009 $179,340 2009 2010 $179,980 2010 2011 $180,400 The tax levies are such that if collected in full they will produce at least five percent in excess of 0 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. The City has heretofore levied taxes in an amount sufficient to pay principal and interest due on the Certificates on February 1, 2009. 10. General Obligation Pledge. For the prompt and full payment of the principal and interest on the Certificates, as the same respectively become due, the full faith, credit and taxing powers of the City shall be and are hereby irrevocably pledged. If the balance in the Debt Service Account is ever insufficient to pay all principal and interest then due on the Certificates and any other certificates payable therefrom, the deficiency shall be promptly paid out of any other funds of the City which are available for such purpose, and such other funds may be reimbursed with or without interest from the Debt Service Account when a sufficient balance is available therein. 11. Certificate of Registration. The Clerk is hereby directed to file a certified copy of this resolution with the Director of Property Records and Taxation ofAnokaCounty, Minnesota, together with such other information as the Director shall require, and to obtain from the Director a certificate that the Certificates have been entered in the Director's Register and that the tax levy required by law has been made. 0 12. 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 2228690vl 8 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 ofthe 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. 13. Compliance With Reimbursement Certificate 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 itselffor 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 sixty days after the date of payment of a Reimbursement Expenditure, the City (or person designated to do so on behalf of the City) has made or will have made a written declaration of the City's official intent (a "Declaration") which effectively (i) states the City's reasonable expectation to reimburse itselffor the payment of the Reimbursement Expenditure out of the proceeds of a subsequent borrowing; (ii) gives a general 0 and functional description of the property, project or program to which the Declaration relates and for which the Reimbursement Expenditure is paid, or identifies a specific fund or account of the City and the general functional purpose thereoffrom which the Reimbursement Expenditure was to be paid (collectively the "Project"); and (ill) states the maximum principal amount of debt expected to be issued by the City for the purpose o(financing the Project; provided, however, that no such Declaration shall necessarily have been made with respect to: (i) "preliminary expenditures" for the Project, defmed in the Reimbursement Regulations to include engineering or architectural, surveying and soil testing expenses and similar prefatory costs, which in the aggregate do not exceed 20% of the "issue price" of the Certificates, and (ii) a de minimis amount of Reimbursement Expenditures not in excess of the lesser of$100,000 or five percent 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. Each such reimbursement allocation will be made in a writing that evidences the City's use of Certificate proceeds to reimburse the Reimbursement Expenditure and, if made within thirty 2228690vl 9 0 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. 14. 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, to the extent permitted by law, cease. The City may discharge its obligations with respect to any Certificates which are due on any date by irrevocably depositing with the Registrar on or before that date a sum sufficient for the payment thereof in full; or if any Certificate should not be paid when due, it may nevertheless be discharged by depositing with the Registrar a sum sufficient for the payment thereof in full with interest accrued to the date of such deposit. The City may also at any time discharge its obligations with respect to any Certificates, subject to the provisions 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 or, if notice of redemption as herein required has been duly provided for, to such earlier redemption date. 0 15. Negative Covenant as to Use of Proceeds and Proiect. The City hereby covenants not to use the proceeds of the Certificates 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 Certificates to be "private activity bonds" within the meaning of Sections 103 and 141 through 150 of the Code. 16. Tax-Exempt Status of the Certificates: Rebate. The City shall comply with requirements necessary under the Code to establish and maintain the exclusion from gross income under Section 103 of the Code of the interest on the Certificates, including without limitation (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, if the Certificates (together with other obligations reasonably expected to be issued and outstanding at one time in this calendar year) exceed the small issuer exception amount of$5,000,000. For purposes of qualifying for the exception to the federal arbitrage rebate requirements for governmental units issuing $5,000,000 or less of bonds, the City hereby finds, determines and declares that (i) the Certificates are issued by a governmental unit with general taxing powers, (ii) no Certificate is a private activity bond, (ill) ninety-five percent or more of the net proceeds of the Certificates are to be used for local governmental activities of the City (or of a governmental unit the jurisdiction of which is entirely within the jurisdiction of the City), and (iv) the aggregate face amount of all tax exempt bonds (other than private activity bonds) . issued by the City (and all subordinate entities thereof, and all entities treated as one issuer with the City) during the calendar year in which the Certificates are issued and outstanding at 2228690vl 10 0 one time is not reasonably expected to exceed $5,000,000, all within the meaning of Section 148(f)(4)(D) of the Code. 17. Designation of Qualified Tax-Exempt Obligations. In order to qualify the Certificates as "qualified tax-exempt obligations" within the meaning of Section 265(b)(3) ofthe Code, the City hereby makes the following factual statements and representations: (a) the Certificates are issued after August 7, 1986; (b) the Certificates are not "private activity bonds" as defined in Section 141 of the Code; (c) the City hereby designates the Certificates as "qualified tax-exempt obligations" for purposes of Section 265(b)(3) of the Code; (d) the reasonably anticipated amount of tax-exempt obligations (other than private activity bonds, treating qualified 501 (c)(3) bonds as not being private activity bonds) which will be issued by the City (and all entities treated as one issuer with the City, and all subordinate entities whose obligations are treated as issued by the City) during this calendar year 2008 will not exceed $10,000,000; and (e) not more than $10,000,000 of obligations issued by the City during this calendar year 2008 have been designated for purposes of Section 265(b)(3) of the Code. 0 The City shall use its best efforts to comply with any federal procedural requirements which may apply in order to effectuate the designation made by this paragraph. 18. Severability. Ifany 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. 19. Headings. Headings in this resolution are included for convenience of reference only and are not a part hereof, and shall not limit or define the meaning of any provision hereof. The motion for the adoption of the foregoing resolution was duly seconded by member Jacobson and, after a full discussion thereof and upon a vote being taken thereon, the following voted in favor thereof: Gamache, Knight, Jacobson, Trude, and Orttel and the following voted against the same: None Whereupon the resolution was declared duly passed and adopted. 0 2228690vl 11 0 STAlE OF MINNESOTA COUNTY OF ANOKA CITY OF ANDOVER I, the undersigned, being the duly qualified and acting Clerk ofthe City of Andover, Minnesota, DO HEREBYCERTIFY 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 $630,000 General Obligation Equipment Certificates, Series 2008A. WITNESS my hand on September 16, 200'& "-- 0 0 2228690vl 12 .' CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 072-08 MOTION by Councilmember Jacobson to adopt the following: A RESOLUTION ACCEPTING A CONTRIBUTION MADE TO THE CITY OF ANDOVER TO BE USED TOWARDS THE PURCHASE OF EQUIPMENT FOR THE TOT TIME PROGRAM. WHEREAS, any contributions that are to be made to the City of Andover must be accepted by the City Council; and WHEREAS, the contribution from Andover Huskies Youth Hockey Association of $800 is to be used towards the purchase of equipment for the Tot Time program. NOW, THEREFORE BE IT RESOLVED by the City Council to hereby accept the contribution, which is to be used towards the purchase of equipment. 0 MOTION seconded by Councilmember Trude and adopted by the City Council at a regular meeting this 16th day of September 2008, with Councilmembers Gamache. Kniqht. Orttel voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: "" 1r!;1.v ilL elf IJA-th.uv Mic elle Hartner - Deputy City Clerk 0 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 071-08 MOTION by Councilmember Jacobson to adopt the following: A RESOLUTION DECLARING COST AND DIRECTING PREPARATION OF ASSESSMENT ROLL FOR THE IMPROVEMENT OF PROJECT NO. 07-37A , METROPOLITAN MOSQUITO CONTROL. .THE CITY COUNCIL OF THE CITY OF ANDOVER HEREBY RESOLVES: WHEREAS, the final contract cost for the improvement amounts to $114.717.79, the expenses incurred or to be incurred in the making of such improvement amount to $20.460.11 so that the total project cost of the improvement will be $135.177.90. 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 $47.928.75; the amount to be assessed against benefited property owners is declared to be $106.956.79 (total includes Trunk Source and Storage and Lateral Costs). 2. 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 2009 , 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 16th day of September, 2008, 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: .. ~. cd 'iH,. . I ! } lu itc . ..f(l,l.;-h1LU Mic elle Hartner - Deputy City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA 0 RES. NO. 070-08 MOTION by Councilmember Jacobson to adopt the following: A RESOLUTION DECLARING COST AND DIRECTING PREPARATION OF ASSESSMENT ROLLS FOR THE IMPROVEMENT OF PROJECT NOS. 08-2A. NORTHGLEN AREA & 08-2B, GROW OAK VIEW ESTATES .THE CITY COUNCIL OF THE CITY OF ANDOVER HEREBY RESOLVES: WHEREAS, the final contract cost for the improvement amounts to $684,741.48, the expenses incurred or to be incurred in the making of such improvement amount to $166.624.19 so that the total project cost of the improvement will be $851 ,365.67. 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 $640.464.70, and the amount to be assessed against benefited property owners is declared to be $210.900.97. 2. 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 2009, and shall bear interest at the rate of 5.5 percent per 0 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 16th day of September ,2008, with Councilmembers Jacobson. Trude, Kniqht. Orttel. Gamache voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. ATTEST: 0 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA 0 RES. NO. 069-08 A RESOLUTION UPDATING CERTIFIED BONDED INDEBTEDNESS FOR 2009. WHEREAS, the preparation and adoption of budgets is recognized as sound fmanciaI 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 2009; 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 2009 as listed on Attachment A. Adopted by the City of Andover this 2nd day of September 2008. CITY OF ANDOVER ~~ \.~ jH'chael R. G ache - Mayor ---=- --- ) CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 068-08 A RESOLUTION ADOPTING THE CITY OF ANDOVER 2009 PROPOSED PROPERTY TAX LEVY TO BE CERTIFIED TO THE COUNTY AUDITOR. WHEREAS, the preparation and adoption of operating budgets is recognized as sound fmancial practic~; and WHEREAS, the City of Andover receives significant fmancial 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 prior to September 15,2008. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Andover hereby adopts the proposed 2009 property tax levy totaling $10,593,520 as listed on Attachment A. Adopted by the City of Andover this 2nd day of September 2008. CITY OF ANDOVER ------:2/7 ~~ ../'" /" ./ r-:~/ 7~'.. .~. ~ael R. G e - Mayor o 0 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 067~08 MOTION by Councilmember Jacobson to adopt the following: A RESOLUTION ACCEPTING COMPLETION REPORT AND CALLING PUBLIC HEARING ON ASSESSING COSTS OF ABATEMENT OF FAILED SEPTIC SYSTEM AT 2279 154TH LANE NW, PROJECT NO. 08-25. WHEREAS, pursuant to orders from the City Council, the abatement of a failed septic system has been completed at 2279 154th Lane NW (PIN 22-32-24-23-0004), Lot 2, Block 1, Nightingale Estates Third Addition; and WHEREAS, documentation regarding completion of the work is on file at the office of the City Building Official; and WHEREAS, the proposed assessments have been found to be in compliance with the City Council's order to abate the immanent health hazard at the described property. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover that: 1. The City Council hereby accepts the Report for Assessment of the Abatement Costs for the failed septic system at 2279 154th Lane NW. 2. The Council will consider the assessments in accordance with the report and the assessment of the subject property for all of the costs of abatement pursuant to Minnesota Statutes Chapter 463.22 and Chapter 429. The abatement project cost for the property at 2279154th Lane NW is $7,015. 3. A Public Hearing shall be held on the proposed assessments on the 2nd day of September, 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 reqular meeting this 2nd day of September ,2008, with Councilmembers Gamache. Orttel. Trude voting in favor of the resolution, and Councilmembers None voting against, whereupon said resolution was declared passed. CITY OF ANDOVER 0 COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R066-08 A RESOLUTION APPROVING THE VARIANCE REQUEST OF ERIC KOHNKE TO REDUCE THE SIDE YARD SETBACK TO 34 FEET FOR A PROPOSED ADDITION ON PROPERTY LOCATED AT 921 158TH AVENUE NW LEGALLY DESCRIBED AS: THAT PART OF THE SOUTHEAST QUARTER OF SECTION 14, TOWNSHIP 32, RANGE 24 DESCRIBED AS FOL LOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID QUARTER THENCE NORTHERLY ALONG THE EAST LINE OF SAID QUARTER A DISTANCE OF 561.0 FEET THENCE WEST & PARALELL WITH THE SOUTH LINE OF SAID QUARTER A DISTANCE OF 660.0 FEET TO THE POINT OF BEG OF THE TRACT HEREIN TO BE DESCRIBED THENCE WEST ALONG A LINE P ARALELL WITH THE SOUTH LINE OF SAID QUARTER A DISTANCE OF 260.99 FEET THENCE NORTH A DISTANCE OF 300.0 FEET THENCE EAST & PARALELL WITH THE SOUTH LINE OF SAID QUARTER A DISTANCE OF 260.99 FEE THENCE SOUTH 300 FEET TO THE POINT OF BEGINNING. WHEREAS, Eric Kohnke has requested a variance to reduce the side yard setback for the subject property to 34 feet; and WHEREAS, the Planning Commission held a pubic hearing and recommends approval of the proposed variance; 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 house sits at an angle to the property line. An addition that extends the west wall flush with the existing structure causes the comer of the addition to encroach less than one foot into the setback area. 2. According to the survey prepared by the applicant's surveyor, 66 feet of right-of-way exists along the west side of the property. The city typically requires only 60 feet for a local street. The additional width is a contributing factor to the need for the variance. WHEREAS, the City Council finds the request would not have a detrimental effect upon the health, safety, morals, and general welfare ofthe City of Andover, 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 35 feet to 34 feet. 0 Adopted by the City Council of the City of Andover on this 2nd day of September, 2008. CITY OF ANDOVER ~~~4~ ATTEST: Michael R. Gamache, Mayor ~c:1!AA~ chelle Hartner, Deputy City Clerk 0 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 065-08 MOTION by Councilmember Jacobson to adopt the following: A RESOLUTION APPROVING COMPENSATING CHANGE ORDER #2 TO PROJECT NOS. 08-2A (NORTHGLEN AREA). 08-2B (GROW OAK VIEW ESTATES), 07-44 (7IH AVENUE FRONTAGE ROAD TURN AROUND) & 08-11 (2008 CURB, SIDEWALK & PEDESTRIAN RAMP REPAIRS) WHEREAS, the City of Andover has a contract for Project Nos. 08-2A. 08-2B, 07- 44 & 08-11 with Rum River Contractinq Co. of Princeton. MN NOW THEREFORE, BE IT RESOLVED by the City Council of Andover to hereby approve the change order to Project Nos. 08-2A. 08-28. 07-44 & 08-11. 0 Adopted by the City Council of the City of Andover this 2nd day of September , 2008. CITY OF ANDOVER ATTEST: ~lkt DA d/f.4-Jrll<l 2 M helle Hartner - Deputy City Clerk 0 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R064-08 A RESOLUTION APPROVING CONDITIONAL USE PERMIT TO ALLOW A HOUSE AND ACCESSORY STRUCTURE TO BE MOVED FROM 14905 CROSSTOWN BOULEVARD NW TO 14355 CROSSTOWN BOULEVARD NORTHWEST LEGALLY DESCRIBED AS: That part of Lot 1, Block 1, THE OAKS, Anoka County, Minnesota, according to the recorded plat thereof lying northeasterly of the following described line: Commencing at the southeast corner of said Lot 1; thence on an assumed bearing of North 31 degrees 28 minutes 46 seconds East, along the southeasterly line of said Lot 1, a distance of 34.75 feet to the point of beginning; thence North 45 degrees 41 minutes 20 seconds West a distance of 128.59 feet to the northwesterly line of said Lot 1 and there terminating. WHEREAS, Ken Orttel, has requested approval of a conditional use permit to allow a house to be moved to a lot in the City of Andover, and; WHEREAS, the Planning and Zoning Commission has reviewed the request and determined that 0 said request meets the criteria of City Code and would not have a detrimental effect upon the health, safety, and general welfare of the City of Andover, and; WHEREAS, the Planning and Zoning Commission recommends to the City Council approval of the conditional use permit request; NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby agrees with the recommendation of the Planning and Zoning Commission and approves a conditional use permit for a house to be moved to 14355 Crosstown Boulevard NW subject to the following conditions: 1. The applicant shall provide proof of recording the deeds for lot split 05-06 prior to a building permit being issued to move the house. 2. The applicant shall obtain a driveway permit from the Anoka County Highway Department. Any damage to the trail along Crosstown Boulevard caused by construction of the new driveway shall be repaired by the applicant. 3. The applicant shall remove the existing foundation and ensure that the grade of the property from where the house will be removed does not exceed a 4:1 slope. 4. Per City Code 9-11 B.3. the house shall be moved within 180 days from the approval of this resolution. Adopted by the City Council ofthe City of Andover on this 19th day of August, 2008. I '-- CITY OF ANDOVER 0 COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 063-08 A RESOLUTION AMENDING CONDITIONAL USE PERMIT 03-15 EXTENDING THE TIME FOR THE REMOVAL OF A TEMPORARY STRUCTURE ON PROPERTY LOCATED AT 16045 NIGHTINGALE STREET NW, (PIN 15-32-24-42-0006) LEGALLY DESCRIBED AS: That part of the northwest quarter of the southeast quarter of Section 15, Township 32, Range 24 lying southerly of the southerly right-of-way line of County State Aid Highway number 20 and lying northwesterly of the following described line: beginning at a point on the west line of said quarter quarter 663 feet south of the northwest corner thereof, then east parallel with the north line thereof 402 feet, then northeasterly to a point on said southerly right-of-way line 300 feet westerly of the east line of said quarter quarter and & there terminating, except roadway, subject to easements of record. WHEREAS, Andover Christian Church has requested a Amended Conditional Use Permit for a five year time extension on the removal of the temporary classrooms, and; WHEREAS, the Planning and Zoning Commission has reviewed the request and has determined that said request meets the criteria of City Code, and; 0 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 Amended 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 Amended Conditional Use Permit for the time extension for five years for the removal of the temporary structures on said property with the following conditions: 1. The conditional use permit shall expire on August 31, 2013 at which time the temporary structure shall be removed. 2. 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 19th day of August 2008. CITY OF ANDOVER ATTEST: ~ 0 0 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RESOLUTION NO. 062-08 A RESOLUTION APPOINTING JUDGES TO SERVE AT THE SEPTEMBER 9,2008 PRIMARY ELECTION IN THE CITY OF ANDOVER. WHEREAS, the City CounciUs required by State Statute to appoint election judges to serve at the September 9,2008 Primary Election. NOW, THEREFORE, BE IT RESOLVED that the following are appointed to serve as election judges at the September 9, 2008 Primary Election. Precinct # 1 - Hope Lutheran Church Gloria Young, Chief Judge Annette Anderson Donald Berg David Catherson Sharon Cramer Karen Godfrey Carol Moeller Shirley Olson Michael Schilling Richard Snyder Donna Turnbom Precinct #2 - Grace Lutheran Church Gretchen Sabel, Chief Judge Nancy Ahlberg Christine Deggendorf John Johanson Bonnie Lapham Fred Lown Marie Romo Pamela Schilling Precinct #3 - Riverdale Assembly of God Church Phyllis Kieffer, Chief Judge . Pamela Anson Elaine Boos Kay Funk Sue McBride Barbara Peters Connie Schultz Michael St. John 0 Precinct #4 - Crooked Lake Elementary School Kelly Danzl, Chief Judge John Catherson Leatrice Cooper Stan Oraf Carol Hibbard Mildred Johnson Liliya Ustimchuk Precinct #5 - Meadow Creek Church Terry VanNote, Chief Judge Don Ahlberg John Hibbard Jerome Lapham Pat Larson Mary Munson Ginger Nelson Luther Romo Mary Ellen Simcoe Peter Ustimchuk Precinct #6 - Bunker Hills Activity Center Carol Murschel, Chief Judge Susan Beal Dan Frost Albert LaCombe Dan Lehrer Judy Lestina Deborah Mayasich Gerald Nelson Joyce Olson Sandy Roslin Precinct#7-ComtanceFreeChurch Lois Spadgemke, Chief Judge Shirley Beam Nancy Brinkman Kim Halberg Richard Lindmark, Jr. . Pat Lindquist Pat Maltzen Larry Mueller Norman Myhre Lisa Nicoski Mary Sullivan . Precinct #8 - Andover Christian Church Marie Bourque, Chief Judge Corrine Buflham Julie Haugen Megan Jan Tom Johnson Rachel Kintop Bruce Maltzen John Marek AsWey Young Precinct #9 - Prairie Oak Community Church Julie Trude, Chief Judge Bruce Crane Susan Fanucci Dolores Jeska Peggy Kuntz Patricia Matthies William Obedoza Nancy Posl Lucy Schalwig Patricia Schert Mary White Precinct #10 - Andover Elementary School Brenda Fildes, Chief Judge James Anderson Sharlene Booker Stan Deden Barbara Humphreys Lois Koblitz Linda Nelson Mike Roslin Joellyn Soler Sandra Stewart Adopted by the City Council ofthe City of Andover this 6th day of August. 2008. Attest: CITY OF ANDOVER ~~rWnuv Mi elle Hartner-Deputy City Clerk 0 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 061-08 MOTION by Councilmember Jacobson to adopt the following: A RESOLUTION APPROVING CHANGE ORDER #1 TO PROJECT NO. 08-2A NORTHGLEN AREA (2008 OVERLAYS). WHEREAS, the City of Andover has a contract for Project No. 08-2A Northqlen Area (2008 Overlavs). with Rum River Contractinq Co. of Princeton. MN NOW THEREFORE, BE IT RESOLVED by the City Council of Andover to hereby approve the change order to Project No. 08-2A. Adopted by the City Council of the City of Andover this 6th day of 0 Auqust , 2008. CITY OF ANDOVER ATTEST: I , ~ dP{Vdrwv "'-. Mi helle Hartner - Deputy City Clerk 0 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RESOLUTION NO. 060-08 A RESOLUTION APPROVING A PREMISES PERMIT FOR THE ANDOVER FOOTBALL ASSOCIATION TO CONDUCT LAWFUL GAMBLING AT MOOSE & CO. GRlLLHOUSE, 13797 JAY STREET NW, ANDOVER, MINNESOTA. WHEREAS, the Andover Football Association has submitted an application to the City of Andover for a premises permit to operate lawful gambling at Moose & Co. Grillhouse, 13797 Jay Street NW, Andover, Minnesota; and WHEREAS, per Minnesota Gambling Control requirements, a resolution must be adopted by the City Council approving said permit. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover that a premises permit for lawful gambling conducted by the Andover Football Association is hereby approved. Adopted by the City Council of the City of Andover this 12., day of July .2008. CITY OF ANDOVER Attest: CITY OF ANDOVER COUNTYOFANOKA STATE OF MINNESOTA RES. NO R059-08 A RESOLUTION EXTENDING THE APPROVAL PERIOD FOR THE TIMBER TRAILS SECOND ADDITION PRELIMINARY PLAT BY ONE YEAR. WHEREAS, the preliminary plat for Timber Trails 2nd Addition was approved on July 3,2007; 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 Timber Trails 2nd Addition is on July 3, 2008, 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 3, 2009, and 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 3,2008 and ending on July 3, 2009, subject to the following conditions: 1. Peter J esh, on behalf of Summit Development, will pay the 2008 park dedication and trail fees instead of the 2007 fees. 2. The lots can be final platted and developed as they were approved in 2007. 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 R099-07, the resolution for Timber Trails 2nd Addition Preliminary Plat Approval will remain in effect, except as revised above. Adopted by the City Council of the City of Andover this 1 st day of July, 2008. CITY OF ANDOVER ~~A?A~ lchae1 R. Gamache, Mayor CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R058-08 A RESOLUTION APPROVING CONDITIONAL USE PERMIT FOR DRY CLEANING PROCESSING LOCATED AT 1730 139 TH LANE NW LEGALL Y DESCRIBED AS LOT 1, BLOCK 1, ANDOVER STATION NORTH 3RD ADDITION, ANOKA COUNTY, MINNESOTA WHERAS, City Code 12-12 requires a public hearing and City Council approval ofa conditional use permit for dry cleaning processing, and; WHEREAS, Laura Heppner has requested approval of a conditional use permit for dry cleaning processing on the subject property, and; WHEREAS, the day care center owner has approved this particular location for a dry cleaning establishment, and; WHEREAS, the Planning and Zoning Commission has reviewed the request and has determined . that said request meets the criteria of City Code and would not have a detrimental effect upon the health, safety, and general welfare of the City of Andover, and; WHEREAS, the Planning and Zoning Commission recommends to the City Council approval of the conditional use permit request; NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby agrees with the recommendation of the Planning and Zoning Commission and approves a conditional use permit for dry cleaning processing on the subject property with the following conditions: 1. The site plan shall be modified to improve traffic safety and to conform with the City Code as determined through the commercial site plan review process. 2. Approval of this conditional use permit is subject to the sunset provision of City Code 12-14-6 D. Adopted by the City Council of the City of Andover on this 15t day of July, 2008. CITY OF ANDOVER ATTEST: . CITY OF ANDOVER 0 COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R057-08 A RESOLUTION APPROVING A CONDITIONAL USE PERMIT FOR A DRIVE THROUGH LOCATED AT 1730 139TH LANE NW LEGALLY DESCRIBED AS LOT 1, BLOCK 1, ANDOVER STATION NORTH 3RD ADDITION, ANOKA COUNTY, MINNESOTA WHERAS, City Code 12-12 requires a public hearing and City Council approval of a conditional use permit for a drive through, and; WHEREAS, Laura Heppner has requested approval of a conditional use permit for a drive through on the subject property, and; WHEREAS, the Planning and Zoning Commission has reviewed the request and has determined that said request can meet the criteria of City Code and subsequently would not have a detrimental effect upon the health, safety, and general welfare ofthe City of Andover, and; WHEREAS, the Planning and Zoning Commission recommends to the City Council approval of the conditional use permit 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 a conditional use permit for a drive through on the subject property with the following conditions: 1. The site plan shall be modified to improve traffic safety and to conform with the City Code as determined through the commercial site plan review process. 2. Approval of this conditional use permit is subject to the sunset provision of City Code 12-14-6 D. Adopted by the City Council of the City of Andover on this 1st day of July, 2008. CITY OF ANDOVER ATTEST: 0 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO R056-08 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 approve4 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 previous time extension granted on June 5, 2007 for the White Pine Wilderness expires on July 18, 2008, 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 18,2009, and 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, 2008 and ending on July 18, 2009, subject to the following conditions: 1. Mr. Emmerich will pay the 2008 park dedication and trail fees instead of the 2007 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 ll. 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 1 st day of July, 2008. CITY OF ANDOVER ATTEST: 0 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RESOLUTION NO. 055-08 A RESOLUTION DECLARING A DOG OWNED BY THOMAS PURMORT, 4820- 170TH AVENUE NW, AS A DANGEROUS DOG PURSUANT TO CITY CODE TITLE 5, CHAPTER 1, SECTION 5-1A-l1. WHEREAS, an American Bulldog owned by Thomas Purmort, 4820-170th Avenue NW, Andover has been allowed to run at large; and WHEREAS, on June 14, 2008 said dog left its property and bit a child. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby declare an American Bulldog owned by Thomas Purmort, 4820-170th Avenue NW as a "dangerous dog" pursuant to City Code Title 5, Chapter, 1 Section 5- lA-II. 0 BE IT FURTHER RESOLVED that the Deputy City Clerk shall mail by certified mail to Thomas Purmort a copy of the resolution. Adopted by the City Council of the City of Andover this 1st day of July. 2008. CITY OF ANDOVER Attest: 0 CITY OF ANDOVER 0 COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R054-08 A RESOLUTION CALLING FOR THE APPOINTMENT OF A DATA PRACTICES COMPLIANCE OFFICIAL. WHEREAS, Minnesota Statutes, Section 13.05 Subd. 13 requires that the city appoint a city employee to act as its data practices compliance official to receive questions or concerns regarding problems in obtaining access to data or other data practices problems within the city, NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Andover hereby appoints Dana Peitso, Human Resources Manager, as the data practices compliance official to receive questions and concerns regarding problems in obtaining access to data or other data practices problems. Adopted by the Andover City Council of the City of Andover this 1st day of July , 2008. ATTEST: <. 0 0 CITY OF ANDOVER 0 COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R053-08 A RESOLUTION APPOINTING JAMES DICKINSON AS CITY CLERK. WHEREAS, with the retirement of Victoria V olk, City Clerk on June 30, 2008, it is necessary to appoint another City Clerk. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Andover hereby appoints James Dickinson as City Clerk. Adopted by the Andover City Council of the City of Andover this 1st day of Julv ,2008. ATTEST: 0 0 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 052-08 MOTION by Councilmember Jacobson to adopt the following: A RESOLUTION ACCEPTING A CONTRIBUTION MADE TO THE CITY OF ANDOVER TO BE USED TOWARDS THE PURCHASE OF FIRE PAGERS. WHEREAS, any contributions that are to be made to the City of Andover must be accepted by the City Council; and WHEREAS, the contribution from CenterPoint Energy Partnership Grant Program of $2,500 is to be used towards the purchase of fire pagers. NOW, THEREFORE BE IT RESOLVED by the City Council to hereby accept the contribution, which is to be used towards the purchase of fire pagers. MOTION seconded by Councilmember Ortlel and adopted by the 0 City Council at a regular meeting this 1 st day of July 2008, with Councilmembers Gamache and Trude voting in favor of the resolution, and Councilmember Kniqht absent, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: ~OJlfrwV Mi elle Hartner - Deputy City Clerk 0 o CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 051-08 A RESOLUTION REQUESTING A SPEED STUDY ALONG BUNKER LAKE BOULEVARD NW BETWEEN CROSSTOWN BOULEVARD NW & HANSON BOULEVARD NW LOCATED IN SECTION 34, TOWNSHIP 32, RANGE 24 IN THE CITY OF ANDOVER. WHEREAS, the County of Anoka is requested to request the Minnesota Department of Transportation to do a speed study, and; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby request the County of Anoka to request a study with MNDOT along Bunker Lake Boulevard NW between Crosstown Boulevard NW & Hanson Boulevard NW. Adopted by the City Council of the City of Andover this 1 st day of July , 2008. o CITY OF ANDOVER ATTEST: ~ "~i' ~ Mi elle ~artner - ~eputy City Clerk o 0 CITY OF ANDOVER COUNTYOFANOKA STATE OF MINNESOTA RESOLUTION NO. 050-08 A RESOLUTION APPROVING A PREMISES PERMIT FOR THE ANDOVER FOOTBALL ASSOCIATION, INC. TO CONDUCT LAWFUL GAMBLING AT BEEF O'BRADY'S, 15190 BLUEBIRD STREET NW, SUITE 114, ANDOVER, MINNESOTA. WHEREAS, the Andover Football Association, Inc. has submitted an application to the City of Andover for a premises permit to operate lawful gambling at Beef O'Brady's, 15190 Bluebird Street, Suite 114, Andover, Minnesota; and WHEREAS, per Minnesota Gambling Control requirements, a resolution must be adopted by the City Council approving said permit. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of 0 Andover that a premises permit for lawful gambling conducted by the Andover Football Association Inc. is hereby approved. Adopted by the City Council of the City of Andover this l1- day of June . 2008. CITY OF ANDOVER Attest: ~A.I~I,;j PI ~-h1 L~ Mi helle Hartner - Deputy City Clerk 0 0 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 049-08 MOTION by Councilmember Trude to adopt the following: A RESOLUTION APPROVING THE PLANS AND SPECIFICATIONS AND SOLICITING FOR QUOTES FOR THE IMPROVEMENT OF PROJECT NO. 07-37A. METROPOLITAN MOSQUITO CONTROL SEWER EXTENSION. WHEREAS, pursuant to Resolution No. 044-08, adopted by the City Council on the 3rd day of June ,2008, the City Enqineer has prepared the final plans and specifications for Project No. 07-37A. Metropolitan Mosquito Control Sewer Extension; and WHEREAS, such final plans and specifications were presented to the City Council for their review on the 1 ih day of June ,2008. WHEREAS, the City Council of the City of Andover hereby approves the Final 0 Plans and Specifications and to hereby directs the City Engineer to seek quotes for the improvements; and MOTION seconded by Councilmember Jacobson and adopted by the City Council at a reqular meeting this 1 ih day of June , 2008 , with Council members Trude. Jacobson. Kniqht. Orttel. Gamache voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: ! . , 0 CITY OF ANDOVER 0 COUNTYOFANOKA STATE OF MINNESOTA RES. NO. 048-0~ A RESOLUTION APPROVING THE CONDITIONAL USE PERMIT REQUEST FOR A CELLULAR TELEPHONE ANTENNA LOCATED AT 13875 CROSSTOWN BOULEV ARD (PIN: 33-32-24-14-0038), LEGALLY DESCRIBED AS: The west 500 feet of the east 1000 feet ofthe south 500 feet of the north 1470 feet of the Northeast Quarter of Section 33, Township 32, Range 24, Anoka County, Minnesota WHEREAS, T -Mobile has applied to install a telecommunication antenna on a new emergency siren pole located on the subject property, and; WHEREAS, T-Mobile shall remove the existing emergency siren and pole located at 13875 Crosstown Boulevard, 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 0 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 of the City of Andover hereby agrees with the recommendation of the Planning Commission and approves the Conditional Use Permit for a telecommunication antenna, subject to the following conditions: 1) This Conditional Use Permit shall be null and void if a lease is not signed between T- Mobile and the City of Andover. 2) The Conditional Use Permit shall require an approved site plan. 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 may be subject to an annual review. Adopted by the City Council ofthe City of Andover on this 3rd day of June, 2008. CITY OF ANDOVER '- ~. , ... ANDOVER RESOLUTION NO. 047-0S 0 COON RAPIDS RESOLUTION NO. 08-67 A JOINT RESOLUTION IN THE MATTER OF THE CONCURRENT DETACHMENT AND ANNEXATION OF CERTAIN LAND PURSUANT TO MINNESOTA STATUTES ~ 414.061, SUBD. 1 WHEREAS, the City of Andover and the City of Coon Rapids hereby request the Office of Administrative Hearings - Municipal Boundary Adjustments to detach said property from the City of Andover and annex it to the City of Coon Rapids, pursuant to Minnesota Statutes S 414.061, Subd. 1: That partofthe Southwest Quarter of the Southwest Quarter of Section 35, Township 32, Range 24, Anoka County, Minnesota, described as follows: Beginning at the Southwest comer of said Section 35; thence South 88 degrees, 57 minutes, 11 seconds East, along the South line of said Section 35, a distance of 1069.71 feet; thence North 1 degree, 02 minutes, 49 seconds East a distance of 60.00 feet; thence North 88 degrees, 57 minutes, 11 seconds West a distance of 601.24 feet; thence North 85 degrees, 07 minutes, 50 seconds West a distance of 180.00 feet; thence North 88 degrees, 57 minutes, 11 seconds West a distance of289.60 feet; thence South 0 degrees, 27 minutes, 47 seconds West a distance of72.00 feet to the point of beginning; and, WHEREAS, Minnesota Statutes S 414.061, Subd. 1 provides a procedure whereby the City of Andover and the City of Coon Rapids may agree on a process of concurrent detachment and annexation; and WHEREAS, the City of Andover and the City of Coon Rapids have agreed to all the terms and conditions for the concurrent detachment and annexation of the above-described lands within this document and the signatories hereto agree that no consideration by the Office of Administrative Hearings - Municipal Boundary Adjustments is necessary; that the Office may review and comment, but shall within 30 days, order the concurrent detachment and annexation in accordance with the terms of the resolution. NOW, THEREFORE, BE IT RESOLVED, jointly by the City Council ofthe City of Andover and the City Council of the City of Coon Rapids as follows: 1. That the following described lands in the City of Andover are subject to concurrent detachment and annexation into the City of Coon Rapids pursuant to Minnesota Statutes, S 0 414.061, Subd. 1, to wit: .....~. . t . ' , 0 That part ofthe Southwest Quarter of the Southwest Quarter of Section 35, Township 32, Range 24, Anoka County, Minnesota, described as follows: Beginning at the Southwest comer of said Section 35; thence South 88 degrees, 57 minutes, 11 seconds East, along the South line of said Section 35, a distance of 1069.71 feet; thence North 1 degree, 02 minutes, 49 seconds East a distance of 60.00 feet; thence North 88 degrees, 57 minutes, 11 seconds West a distance of 601.24 feet; thence North 85 degrees, 07 minutes, 50 seconds West a distance of 180.00 feet; thence North 88 degrees, 57 minutes, 11 seconds West a distance of289.60 feet; thence South 0 degrees, 27 minutes, 47 seconds West a distance of72.00 feet to the point of beginning; Contains 68,754 square feet or 1.58 acres. 2. That the designated area consists of approximately 1.58 acres, the population in the subject area is zero (0), and the land type is vacant - improved public street. 3. That the property is presently within the City of Andover and abuts the City of Coon Rapids on the City's North boundary, in the County of Anoka. 4. That the above-described property is urban or suburban or about to become so, and the City of Coon Rapids can most efficiently and cost effectively build and maintain a public street and appropriate infrastructure in this area within a reasonable time. 5. That it is understood and agreed by and between the parties hereto, as part ofthis Joint Resolution, that a 8-10 foot wide bituminous trail will be constructed along the north side of 133rd Avenue and on the lands described herein. The City of Andover shall contribute up to $49,625.20 towards construction of said trail and the City of Coon Rapids shall pay all costs over and above said contribution amount. Further, once constructed, the City of Coon Rapids shall be responsible for all costs associated with the maintenance and upkeep of the trail. 6. That the City of Coon Rapids shall be responsible for all costs associated with the annexation including, but not limited to, the preparation and filing of the boundary and plat maps to be filed with the Office of Administrative Hearings. In addition, the City of Coon Rapids shall reimburse the City of Andover for the actual costs associated with the preparation, revision and printing of local City maps in an amount not to exceed $500. 7. That the City of Andover and the City of Coon Rapids agree that upon receipt of this resolution, passed and adopted by each party, the Office of Administrative Hearings/Municipal Boundary Adjustments, may review and comment, but shall, within (30) days, order the concurrent detachment and annexation consistent with the terms of this resolution. 0 [Signatures on following page] ...........- . .,. . I 0 Adopted by affirmative vote of the City Council of the City of Andover this 17th day of June ,2008. CITY OF ANDOVER By: ~ By: :Ih Adopted by affirmative vote of the City Council of the City of Coon Rapids this /7 day of l~ ,2008. - . By: This document drafted by: Stoney Hiljus City Attorney, #0258465 City of Coon Rapids 11155 Robinson Drive Coon Rapids, MN 55433 0 CITY OF ANDOVER 0 COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R46-08 A RESOLUTION IN SUPPORT OF A PROJECT TO CONDUCT FIELD WORK AND UPDATE THE CITY'S NATURAL RESOURCE INVENTORY WITH FUNDING FROM THE MINNESOTA DEPARTMENT OF NATURAL RESOURCES CONSERVATION ASSISTANCE GRANT PROGRAM WHEREAS, the City Council has authorized an application for the Conservation Assistance Grant Program administered by the Minnesota Department of Natural Resources, and; WHEREAS, the City's natural resource inventory will be used to implement the city's conservation efforts, and; WHEREAS, the purpose of the grant application is to fund field work and update the City's natural resource inventory, and; WHEREAS, the Minnesota Department of Natural Resources has approved the grant application, and; 0 WHEREAS, the Minnesota Department of Natural Resources requests that the City Council declare support for the project, and; NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover declares its support for a project to conduct field work and update the city's natural resource inventory. Adopted by the City Council of the City of Andover on this 3rd day of June, 2008. CITY OF ANDOVER ATTEST: \~=Clerk 0 0 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 045-08 MOTION by Councilmember Jacobson to adopt the following: A RESOLUTION APPROVING THE PLANS AND SPECIFICATIONS AND SOLICITING FOR QUOTES FOR THE IMPROVEMENT OF PROJECT NOS. 08-13 (TEST WELL #10) & 08-14 (TEST WELL #11 ). WHEREAS, pursuant to Resolution No. 013-08, adopted by the City Council on the 19th day of Februarv , 2008, SEH has prepared the final plans and specifications for Project Nos. 08-13 (Test Well #10) & 08-14 (Test Well #11 ); and WHEREAS, such final plans and specifications were presented to the City Council for their review on the 3rd day of June ,2008. 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 MOTION seconded by Council member Knioht and adopted by the City Council at a reqular meeting this 3rd day of June , 2008 , with Councilmembers 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: ~~fjloJ1L1A1YLw Mic elle Hartner - Deputy City Clerk 0 CITY OF ANDOVER 0 COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 044-08 MOTION by Councilmember Jacobson to adopt the following: A RESOLUTION ACCEPTING FEASIBILITY STUDY, WAIVING PUBLIC HEARING AND DIRECTING PREPARATION OF PLANS AND SPECIFICATIONS FOR THE IMPROVEMENT OF EXTENSION OF SANITARY SEWER ,PROJECT NO. 07-37A , METROPOLITAN MOSQUITO CONTROL. WHEREAS, the City Council did on the 19th day of Februarv , 2008, order the preparation of a feasibility study for the improvement; and WHEREAS, such feasibility study was prepared by the City Enqineer and presented to the Council on the 3rd day of June ,2008; and WHEREAS, the property owners have waived the right to a Public Hearing; and WHEREAS, such report declared the proposed assessment to be feasible for an estimated project cost of .$ 156.483.80 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of 0 Andover that: 1. The City Council hereby accepts the Feasibility Report for Project No. 07-37 A, for the improvements and waives the public hearing. 2. The Council will consider the improvements in accordance with the report and the assessment of abutting property for all or a portion of the improvement pursuant to Minnesota Statutes Chapter 429 at an estimated total cost of the improvement of $ 156.483.80 MOTION seconded by Councilmember Kniqht and adopted by the City Council at a reqular meeting this 3rd day of June , 2008 , with Council members Jacobson. Kniqht. OrUel. Gamache. Trude voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: , V Mi helle Hartner - Deputy City Clerk CITY OF ANDOVER 0 COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R043-08 A RESOLUTION DENYING A VARIANCE TO THE MAXIMUM ACCESSORY STRUCTURE SIZE OF CITY CODE 12-6 FOR PROPERTY LOCATED AT 13500 HIDDEN CREEK DRIVE LEGALLY DESCRIBED AS: Described as Lot 25, Block 3, Hidden Creek 3rd Addition, Anoka County, Minnesota. WHEREAS, the Planning Commission has reviewed the request to vary from City Code 12-6 to allow a larger detached accessory structure on the subject property, and; WHEREAS, the applicant has provided the following findings for the Planning Commission to consider: 1. The Ericksons are a family of seven and as a result have many vehicles and things that need storage. 2. The ordinance has changed since the Ericksons purchased the property. Prior to the change they would have been allowed to construct a garage at 75% ofthe foundation size of their house. With the house foundation at 1320 square feet, the previous ordinance would have allowed a building size of 990 square feet. 3. The structure will be located far behind the existing house and will not be visible to most of the neighborhood. WHEREAS, the Planning Commission recommended denial of the variance based on the fact that the findings provided by the applicant do not satisfy the criteria established in the City Code for granting variances, and; WHEREAS, the City Council has received the recommendation of the Planning Commission, WHEREAS, the City Council fmds that the findings provided by the applicant do not constitute an undue hardship for the subject property, and; NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover denies the variance request to the maximum accessory structure size allowed by City Code 12-6 to allow a 720 square foot detached garage to be constructed on the subject property. Adopted by the City Council ofthe City of Andover on this 6th day of May, 2008. CITY OF ANDOVER ATTEST: 0 1Ltu:u IJLf; Victoria V olk, City Clerk 0 CITY OF ANDOVER COUNTYOFANOKA' STATE OF MINNESOTA RES. NO. R042-08 A RESOLUTION APPROVING A VARIANCE TO THE SIDE YARD BUILDING SETBACK REQUIREMENT OF CITY CODE 12-3-5 FOR PROPERTY LOCATED AT 2363 VETERANS MEMORIAL BOULEVARD LEGALLY DESCRIBED AS: Lot 1 Block 5, Woodland Estates 4th Addition, Anoka County, Minnesota. WHEREAS, the Planning Commission. has reviewed the request to vary from City Code 12-3-5 to reduce the side yard building setback from 35 feet to 25 feet, and; WHEREAS, the Planning Commission recommended approval of the proposed variance, and; WHEREAS, the City Council received the recommendation of the Planning Commission, and; WHEREAS, the City Council finds the variance will not be detrimental to the health, safety or welfare of the surrounding properties, and; 0 WHEREAS, the City Council finds that the following conditions constitute an undue hardship for the subject property: 1. A 35 foot setback will not achieve its intended purpose. The houses on the two adjoining lots will not be the same distance from the street. 2. The adjoining lot is 2.5 acres in size, the house is located more than 200 feet north ofthe shared property line and the intervening area is heavily wooded. Again, the intent of the 35 foot setback will not be achieved. 3. The side yard setback requirements of25 and 35 feet are intended to coordinate structures on urban lots. This setback does not apply well to a sitJIation where a urban corner lot is adjacent to a rural lot, 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 35 feet to 25 feet. Adopted by the City Council of the City of Andover on this 6th day of May, 2008. CITY OF ANDOVER 0 ATTEST: ~ f!Lb Victoria V olk, City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 41-08 A RESOLUTION APPROVING THE CONDITIONAL USE PERMIT REQUEST FOR A CELLULAR TELEPHONE ANTENNA LOCATED 13595 HANSON BOULEVARD NW (PID 35-32-24-32-0001), LEGALLY DESCRIBED AS: The Northwest Quarter of the Southwest Quarter of Section 35, Township 32, Range 24 Anoka County, Minnesota WHEREAS, Verizon Wireless has applied to install a telecommunication antenna on the existing radio tower 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 with the recommendation of the Planning Commission and approves the Conditional Use Permit for a telecommunication antenna, subject to the following conditions: 1) This Conditional Use Permit shall be null and void if a lease is not signed between the applicants and Anoka County. 2) The Conditional Use Permit shall require an approved site plan. 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 may be subject to an annual review. Adopted by the City Council of the City of Andover on this 6th day of May, 2008. CITY OF ANDOVER ~~ fj / ' ;U'j~ o . Mi helle Hartner, Deputy City Clerk 0 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 040-08 MOTION by Councilmember Jacobson to adopt the following: A RESOLUTION ACCEPTING A DONATION MADE TO THE CITY OF ANDOVER TOWARD THE IMPROVEMENT AND RESTORATION TO FIELDS THAT HAVE BEEN CONSISTENTLY USED BY THE NORTH METRO SOCCER ASSOCIATION THROUGHOUT THE CITY. WHEREAS, any donations that are to be made to the City of Andover must be accepted by the City Council; and WHEREAS, the $2.500 cash donation from the North Metro Soccer Association is for the improvement and restoration to fields throughout the City (Northwoods, Hawkridge, Oak Bluff, Fox Meadows, Forest Meadows, Pleasant Oaks and Rose Parks). NOW, THEREFORE BE IT RESOLVED by the City Council to hereby accept the donation, which is to be used towards the improvement and restoration of the above mentioned parks. MOTION seconded by Councilmember Trude and adopted by the City Council at a reaular meeting this 6th day of Mav , 2008 , 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: !L.:i~;-I OLb Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA 0 STATE OF MINNESOTA RES. NO. 039-08 MOTION by Council member Jacobson to adopt the following: A RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR THE IMPROVEMENT OF PROJECT NO. 07-47 FOR RAILROAD QUIET ZONES AT 161sT AVENUE NW. WHEREAS, pursuant to advertisement for bids as set out in Council Resolution No. 027 -08 ,dated April 1 , 2008, bids were received, opened and tabulated according to law with results as follows: Rum River Contracting Co. $67,485.90 North Valley, Inc. *$74,119.06 W.B. Miller, Inc. $81,139.00 * Denotes Error in Bid (Correct values shown) 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 Co. as being 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 Co. in the amount of .$67 ,485.90 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 Trude and adopted by the City Council at a reqular meeting this 6th day of Mav , 2008 , 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: ~1:~~yor 0 l1:tu~ il-fL; Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA 0 STATE OF MINNESOTA RES. NO. 038-08 MOTION by Councilmember JACOBSON to adopt the following: A RESOLUTION ORDERING ABATEMENT OF FAILED SEPTIC SYSTEM AT 2279 154TH Lane NW WHEREAS, pursuant to a City Code, the abatement of a failed septic system at 2270 154th Lane NW (PIN #22-32-24-23-0004)) needs to begin as the property owner has not taken action to correct an imminent health hazard; and WHEREAS, documentation regarding notifications from the Building Official and City Attorney indicates the property owner has had ample opportunity and notifications to correct the situation. . NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover that: the City Council orders the Building Official to move forward with obtaining three quotes to repair the septic system at 2279 154th Lane NW; and order the property assessed for the work to be completed by the contractor with the lowest responsible quote. MOTION seconded by Councilmember ORTTEL and adopted by the City Council at a reqular meeting this 15th day of April , 2008 , with Councilmembers GAMACHE. TRUDE. ORTTEL. KNIGHT. JACOBSON voting in favor of the resolution, and Councilmembers NONE voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: </S?;.~v/ ~ ~~. .~ M)cI1ael ~ Gama - Mayor " tl~ tJdLJ Victoria Volk - City Clerk 0 0 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 03q408 A RESOLUTION APPROVING THE CONDITIONAL USE PERMIT REQUEST FOR MBG HOLDINGS, LLC FOR ON-SALE LIQUOR AT 13797 JAY STREET (PIN# 34-32-24-14-0010), LEGALLY DESCRIBED AS: Lot 4, Block 3, Andover Station North, Anoka County, Minnesota WHEREAS, MBG Holdings has requested a Conditional Use Permit for on-sale liquor, 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 ofthe 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 ofthe City of Andover hereby agrees with the recommendation of the Planning and Zoning Commission and approves the Conditional Use Permit for on-sale liquor on said property with the following conditions: 1. The applicants shall obtain a liquor license from the City Council. 2. The Conditional Use Permit shall be valid for obtaining one liquor license, for the specified subj ect property. 3. The Conditional Use Permit shall be subject to a sunset clause as per section 12-14-6-D of the Andover City Code. 4. The applicant shall be required to conform to the parking requirements in the City Code. Adopted by the City Council of the City of Andover on this 15th day of April, 2008. CITY OF ANDOVER ATTEST: (J~ (J.(// Victoria V olk, City Clerk 0 CITY OF ANDOVER COUNTYOFANOKA STATE OF MINNESOTA RES. NO 03""08 A RESOLUTION GRANTING THE VACATION OF A PORTION OF A DRAINAGE AND UTILTY EASEMENT ON PROPERTY LOCATED AT 17277 TONTO STREET NW LEGALL Y DESCRIBED AS FOLLOWS: That part of Lot 4, Block I,ROLLING MEADOWS ESTATES, Anoka County, Minnesota described as commencing at the southwest comer of Outlot B, said ROLLING MEADOWS ESTATES; thence SOUTH, assumed bearing, along the east line of said Lot 4 a distance of 85.17 feet to its intersection with a drainage and utility easement line as dedicated on said plat of ROLLING MEADOWS ESTATES; thence North 72 degrees 22 minutes 34 seconds West along said easement line a distance of 145.10 feet to the point of beginning; thence continuing along said easement line North 72 degrees 22 minutes 34 seconds West a distance of29:90 feet; thence continuing along said easement line South 51 degrees 55 minutes 50 seconds West a distance of36.32 feet; thence South 72 degrees 22 minutes 34 seconds East a distance of 36.32 feet to the point of beginning. WHEREAS, the property owner has requested to vacate the previously described portion of a drainage and utility easement, and; 0 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 WHEREAS, a public hearing was held and there was no opposition to the request. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby grants the vacation of a portion of the drainage and utility easement. Adopted by the City Council of the City of Andover on this 15th day of April 2008 subject to the following: 1. The vacation of easement shall be recorded at Anoka County with the legal description of the portion of the easement to be vacated included in this resolution. CITY OF ANDOVER ATTEST /U;~ ()~4! 0 Victoria V olk, City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO 015.08 A RESOLUTION APPROVING THE FINAL PLAT OF "ANDOVER STATION NORTH 3rd ADDITION" FOR PROPERTY LEGALLY DESCRIBED AS: LOT 24, BLOCK 1, PARKS IDE AT ANDOVER STATION, ACCORDING TO THE RECORDED PLAT THEREOF, ANOKA COUNTY, MINNESOTA. WHEREAS, the City Council has afproved the preliminary plat of the project to be known as Andover Station North 3r Addition; and WHEREAS, the Developer has presented the final plat of Andover Station North 3rd Addition; and WHEREAS; the City has reviewed such final plat for conformance with the preliminary plat. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby approve the final plat of Andover Station North 3rd Addition contingent upon the following: 1. The final plat shall conform to the preliminary plat. 2. The developer obtains all necessary permits from the Coon Creek Watershed District, DNR, Corps of Engineers, LGU, MPCA, Anoka County Highway Department and any other agency that may be interested in the site. 3. Each building site shall be required to complete the commercial site plan review process. 4. Grading and storm water management plans shall be approved through the commercial site plan process. 5. A cross access agreement allowing access between Lots 1 and 2 in perpetuity shall be recorded with Anoka County. Neither Lot 1 nor Lot 2 will be allowed direct access to Jay Street. Adopted by the City Council of the City of Andover this 15th day of April 2008. CITY OF ANDOVER AT~i.v tJ,,$ 0 Victoria V olk, City Clerk 0 CITY OF ANDOVER COUNTYOFANOKA STATE OF MINNESOTA RES. NO 03&J.08 A RESOLUTION APPROVING THE PRELIMINARY PLAT OF "ANDOVER STATION NORTH 3RD ADDITION" FOR PROPERTY LEGALL Y DESCRIBED AS: LOT 24, BLOCK 1, PARKS IDE AT ANDOVER STATION, ACCORDING TO THE RECORDED PLAT THEREOF, ANOKA COUNTY, MINNESOTA. WHEREAS, the Andover Review Committee has reviewed the preliminary plat of Andover Station North 3rd Addition; and WHEREAS, pursuant to published and mailed notice thereof, the Planning and Zoning Commission has conducted a public hearing on said plat; and WHEREAS, as a result of such public hearing, the Planning and Zoning Commission recommends approval of the proposed preliminary plat to the City Council; and NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby agrees with the recommendation of the Planning and Zoning Commission and approves the preliminary plat of Andover Station North 3rd Addition, subject to the following conditions: 1. The preliminary plat shall conform with plat drawing revised March 31, 2008. 2. Each building site shall be required to complete the commercial site plan review process. 3. Grading and storm water management plans shall be approved through the commercial site plan process. 4. Each ofthe lots is member of the Andover Station North Owners Association. 5. A cross access agreement allowing access between Lots 1 and 2 in perpetuity shall be recorded with Anoka County. Neither Lot 1 nor Lot 1 will be allowed direct access to Jay Street. Adopted by the City Council ofthe City of Andover this 15th day of April 2008. ATTEST: <1,& ~~Ob Victoria V olk, City Clerk 0 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO 033-08 A RESOLUTION APPROVING THE FINAL PLAT OF "ANDOVER STATION NORTH 2ND ADDITION" FOR PROPERTY LEGALLY DESCRIBED AS: LOT 5, BLOCK 3, ANDOVER STATION NORTH, ACCORDING TO THE RECORDED PLAT THEREOF, EXCEPT THE NORTH 195.00 FEET THEREOF, ANOKA COUNTY, MINNESOTA. WHEREAS, the City Council has approved the preliminary plat ofthe project to be known as Andover Station North 2nd Addition; and WHEREAS, the Developer has presented the final plat of Andover Station North 2nd Addition; and WHEREAS; the City has reviewed such final plat for conformance with the preliminary plat. NOW, THEREFORE, BE IT RESOLVED by the City Council ofthe City of Andover to hereby approve the final plat of Andover Station North 2nd Addition contingent upon the following: 1. The final plat shall conform to the preliminary plat. 2. The developer obtains all necessary permits from the Coon Creek Watershed District, DNR, Corps of Engineers, LGU, MPCA, Anoka County Highway Department and any other agency that may be interested in the site. 3. Each building site shall be required to complete the commercial site plan review process. 4. Grading and storm water management plans shall be approved through the commercial site plan process. 5. A cross access agreement allowing access between Lots 1 and 2 and the property located at 13783 Ibis Street NW in perpetuity shall be recorded with Anoka County. Lot 1 will not be allowed direct access to Ibis Street. Adopted by the City Council of the City of Andover this 15th day of April 2008. CITY OF ANDOVER AT~: ()~ <,,,-A '~ 0 Victoria V olk, City Clerk lchael R. Gamache, Mayor 0 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO 03a~08 A RESOLUTION APPROVING THE PRELIMINARY PLAT OF "ANDOVER STATION NORTH 2ND ADDITION" FOR PROPERTY LEGALL Y DESCRIBED AS: LOT 5, BLOCK 3, ANDOVER STATION NORTH, ACCORDING TO THE RECORDED PLAT THEREOF, EXCEPT THE NORTH 195.00 FEET THEREOF, ANOKA COUNTY, MINNESOTA. WHEREAS, the Andover Review Committee has reviewed the preliminary plat of Andover Station North 2nd Addition; and WHEREAS, pursuant to published and mailed notice thereof, the Planning and Zoning Commission has conducted a public hearing on said plat; and WHEREAS, as a result of such public hearing, the Planning and Zoning Commission recommends approval of the proposed preliminary plat to the City Council; and NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby agrees with the recommendation of the Planning and Zoning Commission and approves the preliminary plat of Andover Station North 2nd Addition, subject to the following conditions: 1. The preliminary plat shall conform with plat drawing revised March 31, 2008. 2. Each building site shall be required to complete the commercial site plan review process. 3. Grading and storm water management plans shall be approved through the commercial site plan process. 4. Each ofthe lots is member of the Andover Station North Owners Association. 5. A cross access agreement allowing access between Lots 1 and 2 and the property located at 13783 Ibis Street NW in perpetuity shall be recorded with Anoka County. Lot 1 will not be allowed direct access to Ibis Street. Adopted by the City Council of the City of Andover this 15th day of April 2008. AT~ ();/tJ Victoria V olk, City Clerk 0 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RESOLUTION NO. 0.31-08 A RESOLUTION CHANGING THE LOCATION OF PRECINCT #7 FROM THE CONSTANCE EVANGEUCALFREE CHURCH TO THE ANDOVER COMMUNITY CENTER. WHEREAS, the Constance Evangelical Free Church is no longer available for use as a polling place. NOW, THEREFORE, BE IT RESOLVED by the City Council ofthe City of Andover to hereby change the location of Precinct #7 to the Andover Community Center, 15200 Hanson Boulevard NW, to be effective with the State Primary Election to be held Tuesday, September 9,2008. BE IT FURTHER RESOLVED that the boundaries of Precinct #7 are as follows: Precinct #7 All that area lying north of Andover Boulevard between Hanson Boulevard (CR 78) and the easterly city limits, south of a line from Hanson Boulevard east along County Road 20 (161 st Avenue) to County Road 60 to Old Constance Boulevard and following Old Constance Boulevard to University Avenue. Adopted by the City Council of the City of Andover this 15th day of April . 2008. CITY OF ANDOVER Attest: ~ {)v!b Victoria Volk-City Clerk 0 CITY OF ANDOVER COUNTY OF ANOKA 0 STATE OF MINNESOTA RES. NO. 030-08 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: . 38th Avenue - West City Limits to Bunker Lake Boulevard NW (CSAH 116) 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 0 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 15th day of April ,2008 . CITY OF ANDOVER ATTEST: (l;;f~ ova 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 April 15, 2008. 0 t1~~ IJ~ Victoria Volk - City Clerk 0 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 029-08 MOTION by Council member Jacobson to adopt the following: A RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR THE IMPROVEMENT OF PROJECT NOS. 08-2A (NORTHGLEN AREA). 08-2B (GROW OAK VIEW ESTATES), 07-44 (7TH AVENUE FRONTAGE ROAD TURN AROUND) & 08-11 (2008 CURB. SIDEWALK & PEDESTRIAN RAMP REPAIRS) WHEREAS, pursuant to advertisement for bids as set out in Council Resolution No. 019-08 ,dated March 4, 2008, bids were received, opened and tabulated according to law with results as follows: Rum River Contracting Co. $753,926.39 W.B. Miller, Inc. $818,851.50 Knife River $831,744.31 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 Co. as being 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 Co. in the amount of $ 753.926.39 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 two lowest bidders 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 15th day of Aoril , 2008 , with Council members Jacobson, Knioht. 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 ~{)~ Victoria Volk - City Clerk 0 CITY OF ANDOVER COUNTYOFANOKA STATE OF MINNESOTA RESOLUTION NO. 028-08 A RESOLUTION ABATING SPECIAL ASSESSMENTS ON THE PROPERTY KNOWN AS OUTLOT C, MlLLER'S WOODS, PIN 13-32-24-32-0014, AND RE- CERTIFYING THE ASSESSMENTS TO OUTLET E, MlLLER'S WOODS, PIN 13-32- 24-32-0015. WHEREAS, Outlot C, Miller's Woods has been designated as a drainage and utility easement; and WHEREAS, special assessments under City Project 04-33 were inadvertently certified to Outlot C, Miller's Woods. 0 NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Andover to hereby abate said special assessments. BE IT FURTHER RESOLVED that the special assessments being abated be certified to Outlot E, Miller's Woods, except that part thereoflying sly. of Block 1, said plat and lying westerly of Miller's Woods 2nd Addn, also except that part platted as Miller's Woods 2nd Addition, subject to easement of record, PIN 13-32-24-32-0015. Adopted by the City Council of the City of Andover this 1st day of April . 2008. CITY OF ANDOVER Attest: ~:;/~~ ,-- Michael R. Gamache - Mayor I ~ Utu Victoria V olk - City Clerk 0 0 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 027-08 MOTION by Councilmember Trude to adopt the following: A RESOLUTION APPROVING FINAL PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR PROJECT 07-47 FOR RAILROAD QUIET ZONES AT 161sT AVENUE NW. WHEREAS, pursuant to Resolution No. 021-08, adopted by the City Council on the 18th day of March , 2008, the City Enqineer has prepared final plans and specifications for Project No. 07-47 for Railroad Quiet Zones; and WHEREAS, such final plans and specifications were presented to the City Council for their review on the 1 st day of April , 2008 . 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. , April 29 , 2008 at the Andover City Hall. MOTION seconded by Council member Orttel and adopted by the City Council at a reqular meeting this 1 st day of April , 2008 , with Council members Trude. Orttel, Kniqht. Jacobson. Gamache voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: 0 fJ.~ IJ.& Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 026-08 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: . 174th Lane NW between CSAH 9 (Round Lake Boulevard NW) and County Road 59 (Verdin Street NW) . Jivaro Street NWI/170th Avenue NW between County Road 158 (165th Avenue NW) and CSAH 7 (Roanoke Street NW) . 16th Avenue NW/16th Lane NW between Ward Lake Drive NW and University Avenue . Dakota Street NW between CSAH 20 (15th Avenue NW) and County Road 58 (Valley Drive 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 1 st day of April ,2008 . CITY OF ANDOVER ~ 1f/?~ /' L.' ..:/....' /"'f' ~ ATTEST: / Ichael R. Gamache - Mayor ~ IJt# 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 April 1, 2008. o ~ tJrtb Victoria Volk - City Clerk CITY OF ANDOVER 0 COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 025-08 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: . MSAS #135, Segment 010 - County Road 59 (Verdin Street NW) between 168th Lane NW and 177th Avenue NW . MSAS #110, Segment 040 - County Road 16 (Andover Boulevard NW) between Hanson Boulevard NW and Prairie Road NW . MSAS #131, Segment 010 (0.65 miles) - County Road 18 (Crosstown Boulevard NW) between Andover Boulevard NW and Nightingale Street NW . MSAS Section #116, Segment 060 (0.46 miles) - 16th Avenue NW between Ward Lake Drive NW and Crosstown Boulevard NW 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 ~ day of April ,2008. CITY OF ANDOVER <~:o/ k?c~~ ATTEST: Michael R. Gamache - Mayor {)J~ Ur/t 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 April 1, 2008. 0 fL~().rtb Victoria Volk - City Clerk 0 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 024-08 MOTION by Councilmember Trude to adopt the following: A RESOLUTION APPROVING THE SPECIFICATIONS AND SOLICITING FOR QUOTES FOR THE IMPROVEMENT OF PROJECT NO. 08-12, SUNSHINE PARK/IRRIGATION WELL. WHEREAS, pursuant to Resolution No. 013-08 , adopted by the City Council on the 19th day of February, 2008, SEH has prepared the final specifications for Project No. 08-12. Sunshine Parkllrriqation Well; and WHEREAS, such final specifications were presented to the City Council for their review on the ~ day of April, 2008. WHEREAS, the City Council of the City of Andover hereby approves the Final Specifications and to hereby directs the City Engineer to seek quotes for the improvements; and MOTION seconded by Councilmember OrUel and adopted by the City Council at a reqular meeting this 1st day of April , 2008 , with Council members Trude, GrUel. Kniqht. Jacobson, Gamache voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: ~ .t1/fJ Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R02ja8 A RESOLUTION APPROVING THE CONDITIONAL USE PERMIT REQUESTED BY ANDOVER STATION LLC FOR OUTDOOR DISPLAY, STORAGE, AND SALES IN THE GB- GENERAL BUSINESS ZONING DISTRICT IN ANDOVER STATION, LEGALLY DESCRIBED AS: Lot 1, Block 1, Andover Marketplace 2nd Addition, Anoka County, Minnesota (PIN 34-32-24-32- 0028) WHEREAS, Andover Station LLC has requested approval on behalf of Linder's Greenhouses, Garden Center & Flower Marts of a conditional use permit for a "Flower Mart" greenhouse operation in the parking lot of Andover Station, 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 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 of the City of Andover hereby agrees with the recommendation of the Planning Commission and approves the Conditional Use Permit for outdoor display, storage, and sales, subject to the following conditions: 1) The greenhouse operation shall conform in size and scale with the materials submitted with the Conditional Use Permit Application dated February 15th, 2008. 2) The Flower Market operation shall operate only between April 1 st and July 31 st subject to annual review by the City Council. 3) Hours of operation shall be from 8:00 AM to 8:00 PM. 4) All signage relating to the proposal shall require a sign permit from the City. 5) 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 18th day of March, 2008. CITY OF ANDOVER AT!lST: ~()~ Victoria V olk, City Clerk CITY OF ANDOVE.R COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R()22A-OS A RESOLUTION AMENDING THE 2020 METROPOLITAN URBAN SERVICE AREA (MUSA) OF THE CITY OF ANDOVER TO INCLUDE PROPERTY LEGALLY DESCRIBED AS: 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 ofthe 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 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 East 85.65 feet to the point of beginning. Part of P.I..N. 35-32-24-31-0001 WHEREAS, the Metropolitan Mosquito Control District has requested the City of Andover to include the subject property legally described above within the Metropolitan Urban Service Area (MUSA), and; WHEREAS, analysis of the City's sanitary sewer trunk system has determined that sufficient capacity exists to serve the subject property, and; WHEREAS, a public hearing was held pursuant to state statutes, and; WHEREAS, the Planning and Zoning Commission recommends approval to the City Council and; NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby agrees with the recommendation of the Planning and Zoning Commission and adopts the following amendment to the Comprehensive Plan, subject to review by the Metropolitan Council: 1. Extend the Metropolitan Urban Service Boundary (MUSA) to include the property legally described in this resolution. 0 0 0 --- --- -- - ----- ~----- ~'-'-~ -. - c- _ - ;--__ "_.-.~. . -l Adopted by the City Council of the City of Andover on this 18th day of March, 2008 CITY OF ANDOVER ATTEST: ()~:J (J,Lb Victoria V olk, City Clerk 0 0 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R022-08 A RESOLUTION APPROVING THE CONDITIONAL USE PERMIT REQUEST OF TONY AND MATT ZEECE FOR ON-SALE WINE AND 3.2% MALT LIQUOR AT 15190 BLUBIRD STREET #114 (PID 23-32-24-32-0026), LEGALLY DESCRIBED AS: Lot 5, Block 1, Andover Clocktower Commons, Anoka County, Minnesota WHEREAS, Tony and Matt Zeece have requested a Conditional Use Permit for on-sale wine and 3.2% malt liquor, 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 on-sale liquor on said property with the following conditions: 1. The applicants shall obtain a wine and 3.2% malt liquor license from the City Council. 2. The Conditional Use Permit shall be valid for obtaining one wine and 3.2% malt liquor license, for the specified tenant space. 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 1 gth day of March 2008. CITY OF ANDOVER ATTEST: ~ (Jvt/,; Victoria V olk, City Clerk 0 0 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 021-08 MOTION by Councilmember Jacobson to adopt the following: A RESOLUTION ORDERING PREPARATION OF PLANS AND SPECIFICATIONS FOR THE IMPROVEMENT OF PROJECT NO. 07-47 FOR RAILROAD QUIET ZONES AT 161sT AVENUE NW. 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 07-47; and BE IT FURTHER RESOLVED by the City Council to hereby direct the City Enqineer to prepare the plans and specifications for such improvement project. MOTION seconded by Councilmember Trude and adopted by the City Council at a reqular meeting this 18th day of March , 2008 , 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: ~o.& Victoria Volk - City Clerk 0 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 020-08 MOTION by Councilmember Jacobson to adopt the following: A RESOLUTION ORDERING THE PROJECT FOR THE IMPROVEMENT OF PROJECT NO. 07-40 FOR WAYSIDE HORNS AT CROSSTOWN BOULEVARD NW. WHEREAS, the City Council is cognizant of the need for the wayside horns; and NOW, THEREFORE BE IT RESOLVED by the City Council to order the project for the improvement of Wayside Horns, Project 07-40; and BE IT FURTHER RESOLVED by the City Council to hereby direct the City Engineer to move forward with such improvements. MOTION seconded by Councilmember Trude and adopted by the City Council at a reqular meeting this 18th day of March , 2008 , 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: a~...)um Victoria Volk - City Clerk 0 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 019-08 MOTION by Councilmember Jacobson to adopt the following: A RESOLUTION APPROVING FINAL PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR 2008 OVERLAYS, PROJECT NOS. 08-2A (NORTHGLEN AREA) & 08-2B (GROW OAK VIEW ESTATES) . WHEREAS, pursuant to Resolution No. 009-08 , adopted by the City Council on the 15m day of Januarv , 2008 ,the City Enqineer has prepared final plans and specifications for Project Nos. 08-2A & 08-28 WHEREAS, such final plans and specifications were presented to the City Council for their review on the 4th day of March , 2008 . 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 2:00 PM , April 1 ,2008 at the Andover City Hall. MOTION seconded by Councilmember Kniqht and adopted by the City Council at a reqular meeting this 4th day of March , 2008 , 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: Mi ael R. Gamache - Mayor (L;t;..:,v L)/Ib Victoria Volk - City Clerk 0 0 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 018-08 MOTION by Council member Jacobson to adopt the following: A RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR THE IMPROVEMENT OF PROJECT NO. 08-03 FOR 2008 CRACK SEALING. WHEREAS, pursuant to advertisement for bids as set out in Council Resolution No. 007-08 ,dated January 15, 2008, bids were received, opened and tabulated according to law with results as follows: Precision Sealcoating, Inc. $152,900.00 American Pavement Solutions, Inc. $158,460.00 Fahrner Asphalt Sealers, Inc. $162,630.00 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby accept the bids as shown to indicate Precision Sealcoatinq, Inc. 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 Precision Sealcoatinq, Inc. in the amount of $ 152.900.00 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 two lowest bidders shall be retained until the contract has been executed and bond requirements met. MOTION seconded by Council member Kniqht and adopted by the City Council at a reqular meeting this 4th day of March , 2008 , with Council members Jacobson. Knioht. 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 lL~ tl./b Victoria Volk - City Clerk 0 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 017-08 MOTION by Council member Jacobson to adopt the following: A RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR THE IMPROVEMENT OF PROJECT NO. 08-04 FOR 2008 SEAL COATING. WHEREAS, pursuant to advertisement for bids as set out in Council Resolution No. 169-07, dated December 18, 2007, bids were received, opened and tabulated according to law with results as follows: Allied Blacktop Company $539,384.00 Astech Surface Tech. $609,232.00 Pearson Brothers $719,042.00 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 Company as being the apparent low bidder. BE IT FURTHER RESOLVED TO HEREBY direct the Mayor and City Clerk to enter into a contract with Allied Blacktop Company in the amount of $ 539.384.00 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 two lowest bidders shall be retained until the contract has been executed and bond requirements met. MOTION seconded by Council member Kniqht and adopted by the City Council at a reqular meeting this 4th day of March , 2008 , with Council members Jacobson, 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 t.Ltn~ tJ.d Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA - STATE OF MINNESOTA RES. NO. 016-08 MOTION by Council member Jacobson to adopt the following: A RESOLUTION ACCEPTING THE ALTERNATE A PRICE AND AWARDING CONTRACT FOR THE IMPROVEMENT OF PROJECT NO. 07-48 FOR TOWER #2. WHEREAS, pursuant to advertisement for bids as set out in Council Resolution No. 010-08 ,dated February 6, 2008, bids were received, opened and tabulated according to law with results as follows: Contractor Total Base Total Alternate A Total Alternate B TMI Coatings Inc. $569,400.00 $519,400.00 $529,400.00 M.K. Painting Inc. *$587,000.00 *$587,000.00 *$637,000.00 Leadcon Inc. No Bid $603,993.00 $633,993.00 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby accept the bids as shown to indicate TMI Coatinqs 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 TMI Coatinqs Inc. in the amount of $519.400.00 (Alternate A) 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 4th day of March , 2008 , with Council members Jacobson. 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: QA;~A~ ()~ Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R015-08 A RESOLUTION APPROVING THE CONDITIONAL USE PERMIT REQUEST OF COON RAPIDS UNITED METHODIST CHURCH TO LOCATE A CHURCH IN THE HANSON COMMONS II SHOPPING CENTER LOCATED AT 1574 154TH AVENUE NW. LEGALLY DESCRIBED AS: Lot 1, Block 1, Chesterton Commons 4th Addition, Anoka County, Minnesota. WHEREAS, Coon Rapids United Methodist Church has requested a Conditional Use Permit as described above, and; WHEREAS, the Planning and Zoning Commission has reviewed the request and has determined that said request meets the criteria of City Code and would not have a detrimental effect upon the health, safety, and general welfare of the City of Andover, and; WHEREAS, the Planning and Zoning Commission recommends to the City Council approval of the Conditional Use Permit request, 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 a church to be located on said property with the following conditions: 1. The applicant shall provide a copy of the parking agreement with Oak View Middle School to the city. 2. The church shall ensure that visitors do not park on local streets in the surrounding neighborhood. 3. The permit shall be subject to review if conditions that are detrimental to nearby businesses or neighborhoods can be documented. Such review shall focus on mitigating the detrimental conditions. If resolution of the issue cannot be achieved, the Council may choose to revoke the conditional use permit with a 90 day notice. 4. The conditional use permit shall be in effect for as long as there is a valid lease. Adopted by the City Council of the City of Andover on this 19th day of February, 2008. CITY OF ANDOVER 7~Rrd~ ATTEST: // Michael R Gamache, Mayor ~IJ~ Victoria V olk, City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 014-08 MOTION by Councilmember Jacobson to adopt the following: A RESOLUTION DECLARING ADEQUACY OF PETITION AND ORDERING PREPARATION OF A FEASIBILITY REPORT FOR THE EXTENSION OF SANITARY SEWER , PROJECT NO. 07-37A , METROPOLITAN MOSQUITO CONTROL. WHEREAS, the City Council has received a petition, dated February 4, 2008 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 _$7 .500.00 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 19th day of . February ,2008, with Councilmembers Jacobson, Trude. Kniqht. OrUel. Gamache voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: /J. 6JA:.-/ IJ~ Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 013-08 MOTION by Councilmember Jacobson to adopt the following: A RESOLUTION ORDERING IMPROVEMENT AND DIRECTING PREPARATION OF PLANS AND SPECIFICATIONS FOR THE IMPROVEMENT OF PROJECT NOS. 08-12 (SUNSHINE PARKlIRRIGA TION WELL), 08-13 (TEST WELL #10) & 08-14 (TEST WELL #11 ). 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 City Projects 08-12 (Sunshine Parkllrriqation Well), 08-13 (Test Well #10) & 08-14 (Test Well #11 ); and BE IT FURTHER RESOL VEDby the City Council to hereby direct SEH to prepare the plans and specifications for such improvement project. 0 MOTION seconded by Council member Trude and adopted by the City Council at a reqular meeting this 19th day of February , 2008 , with Councilmembers Jacobson, Trude. Kniqht. Orttel. Gamache voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: /J ~~~ /)trIt Victoria Volk - City Clerk 0 CITY OF ANDOVER - COUNTY OFANOKA STATE OF MINNESOTA RESOLUTION NO. 012-08 A RESOLUTION APPROVING A PREMISES PERMIT FOR THE ANDOVER BASEBALL ASSOCIATION TO CONDUCT LAWFUL GAMBLING AT POV'S SPORTS BAR AND GRILL, 1851 BUNKER LAKE BOULEVARD NW, ANDOVER, MINNESOTA WHEREAS, the Andover Baseball Association has submitted an application for a premises permit to operate a charitable gambling operation at Pov's Sports Bar and Grill, 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. 0 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover, Anoka County, Minnesota, that a premises permit for charitable gambling for the Andover Baseball Association 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 February. 2008. CITY OF ANDOVER Attest: ~ (j,,tt; Victoria V olk - City Clerk 0 - CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 011-08 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 3458 _142ND AVENUE NW , PROJECT 08-10. 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 agc:Unst 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 befotethe 1 st Monday in January, 2009 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 Kniqht and adopted by the City Council at a reqular meeting this 6th day of February , 2008 , with Council members Jacobson. Kniqht. GrUel. Gamache. Trude voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER 0 ATTEST: tL~"-tJ;.M./ (J,4 Victoria Volk - City Clerk 0 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 010-08 MOTION by Councilmember Jacobson to adopt the following: A RESOLUTION APPROVING FINAL PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR PROJECT NO. 07-48 ,FOR TOWER #2. WHEREAS, pursuant to Resolution No. 006-08 , adopted by the City Council on the 15th day of Januarv, 2008 , SEH has prepared final plans and specifications for Project 07-48 for Tower #2 . WHEREAS, such final plans and specifications were presented to the City Council for their review on the 6th day of Februarv , 2008 . 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 2:00 PM , March 3 , 2008 at the Andover City Hall. MOTION seconded by Councilmember Kniqht and adopted by the City Council at a reqular meeting this 6th day of . Februarv , 2008 , 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 Il.~ /)v/b Victoria Volk - City Clerk 0 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 009-08 MOTION by Councilmember Jacobson to adopt the following: A RESOLUTION ORDERING THE IMPROVEMENT OF 2008 OVERLAYS, PROJECT NOS. 08-02A (NORTHGLEN AREA) AND 08-028 (GROW OAK VIEW ESTATES) AND DIRECTING PREPARATION OF FINAL PLANS AND SPECIFICATIONS. WHEREAS, Resolution No. 167-07 of the City Council adopted on the 18th day of December ,2007, fixed a date for a public hearing; and WHEREAS, pursuant to the required published and mailed notice such hearing was held on the 15th day of January , 2008; 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 Nos. 08-02A & 08-028 . MOTION seconded by Council member Ortlel and adopted by the City Council at a reqular meeting this 15th day of January , 2008, with Councilmembers Jacobson. Trude. Kniqht. Ortlel. Gamache voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: fl...G-'~ aLL; Victoria Volk - City Clerk 0 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 008-08 MOTION by Councilmember Jacobson to adopt the following: A RESOLUTION DECLARING COST AND DIRECTING PREPARATION OF ASSESSMENT ROLL FOR THE IMPROVEMENT OF WATER MAIN ,FOR PROJECT 08-10, 3458 _142ND AVENUE 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 $ 4.267.75 so that the total cost of the improvement will be $ 4.267.75 1. NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Andover, MN: The portion of the cost of such improvement to be paid by the City is hereby declared to be $ 0.00 the amount to be assessed against benefited property owners is declared to be $ 4.267.75 2. Assessments 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 2009 ,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 15th day of January , 2008, 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 Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 007-08 MOTION by Councilmember Jacobson to adopt the following: A RESOLUTION APPROVING FINAL PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR PROJECT NO. 08-03 ,FOR 2008 CRACK SEALING . WHEREAS, pursuant to Resolution No. 168-07 , adopted by the City Council on the 18m day of December , 2007 , the Director of Public Works I City Enqineer has prepared final plans and specifications for Project 08-03 for 2008 Crack Sealinq . WHEREAS, such final plans and specifications were presented to the City Council for their review on the 15th day of Januarv ,2008. 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 AM , Februarv 21 , 2008 at the Andover City Hall. MOTION seconded by Councilmember Trude and adopted by the City Council at a reqular meeting this 15th day of Janaurv , 2008 , with Council members Jacobson. Trude. Kniqht. Ortlel. Gamache voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: I];/;:';J ;)vIL; 0 Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA 0 STATE OF MINNESOTA RES. NO. 006-08 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 -48,_FOR TOWER #2. WHEREAS, the City Council is cognizant of the need for painting and rehabilitation improvements; and NOW, THEREFORE BE IT RESOLVED by the City Council to order the improvement of City Project 07-48, Tower #2; and BE IT FURTHER RESOLVED by the City Council to hereby direct SEH to prepare the plans and specifications for such improvement project. MOTION seconded by Councilmember Trude and adopted by the City Council at a reqular meeting this 15th day of. Januarv , 2008 , with 0 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: tl~~ tJ/iJ Victoria Volk - City Clerk 0 0 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA R005-08 A RESOLUTION AUTHORIZING APPLICATIONS FOR 2008 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 2008 fiscal year; and NOW, THEREFORE, BE IT RESOLVED, that the City Council hereby approves the 2008 Community Development Block Grant Projects and Budget as follows: 2008 Authorized CDBG Applications with Request Amount 2008 Proiect Proposal Public Health and Safety/Foreclosure Properties $50,000 TOTAL $50,000 Adopted by the City Council of the City of Andover on this 3rd day of January, 2008. CITY OF ANDOVER ATTEST: /.Lt;;",~ ()vI/J Victoria V olk, City Clerk 0 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 004-08 A RESOLUTION DESIGNATING DEPOSITORIES OF CITY FUNDS AND SUPPLEMENTAL DEPOSITORIES OF CITY FUNDS FOR INVESTMENT PURPOSES ONLY. WHEREAS, Minnesota Statutes sets forth the procedures for the deposit of public funds which include requiring the Andover City Council to annually designate the official depositories for City funds and manage the collateral pledged to such funds; and WHEREAS, other financial institutions are, from time to time, able to pay the City of Andover interest rates on deposits that are greater than can be obtained from the official depositories. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover that the City's official depositories for 2008 are the Andover office of Wells Fargo Bank Minnesota, N.A., the Andover office of US Bank and 15t Regents Bank. BE IT FURTHER RESOLVED that Wells Fargo Investment Services Inc. and Wells Fargo Institutional Trust; US. Bank Institutional Trust; the Minnesota Municipal Money Market Fund; Village Bank; Bank of The West; Northland Securities; Comerica Securities Inc.; Citigroup Global Markets Inc.; UBS Financial Services Inc.; and Morgan Keegan & Company be designated as additional depositories for 2008 for investment and cash management purposes only. BE IT STILL FURTHER RESOLVED that the City Administrator of the City of Andover is hereby designated as the approval authority for the release and acceptance of all collateral to be held by the City in conjunction with City funds on deposit with authorized institutions. Adopted by the Andover City Council on the 2nd day of January 2008. CITY OF ANDOVER ATTEST: t1_:~~ IJLb Victoria V olk - City Clerk 0 - CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 003-08 A RESOLUTION REQUESTING A SPEED STUDY ALONG CROSSTOWN BOULEVARD NW BETWEEN HANSON BOULEVARD NW & 161 ST AVENUE NW. LOCATED IN SECTIONS 14 & 23, 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 Crosstown Boulevard NW between Hanson Boulevard NW & 161st Avenue NW. Adopted by the City Council of the City of Andover this 2nd day of 0 January ,2008. CITY OF ANDOVER ATTEST: tLt:-~tl& Victoria Volk - City Clerk 0 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 002-08 MOTION by Councilmember Jacobson to adopt the following: A RESOLUTION ACCEPTING FEASIBILITY STUDY AND WAIVING PUBLIC HEARING FOR THE IMPROVEMENT OF PROJECTNO. 08-10 FOR WATER MAIN IN THE FOLLOWING AREA OF 3458 _142nd AVENUE NW . WHEREAS, the City Council did on the 18th day of December , 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 2nd day of Januarv ,2008 ; 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 $ 4.267.35. 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 0 improvements of $ 4.267.35 ,waive the Public Hearing and order improvements. MOTION seconded by Councilmember Kniqht and adopted by the City Council at a reqular meeting this 2nd day of Januarv ,2008, 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: "J'" t& /h;i;1.oJ 1),. .. Victoria Volk - City Clerk 0 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 001-08 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. 08-7,_FOR 2008 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 2008 - 2012 Capital Improvement Plan; and NOW, THEREFORE BE IT RESOLVED by the City Council to order the improvement of City Project 08-7,2008 Trail Maintenance; "and BE IT FURTHER RESOLVED by the City Council to hereby direct the City Enqineer to prepare the plans and specifications for such improvement project MOTION seconded by Councilmember Kniaht and adopted by the City Council at a reqular meeting this 2nd day of January , 2008 , with Councilmembers 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: I} . !In!b ~;;tn~ Victoria Volk - City Clerk 0