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HomeMy WebLinkAboutCC March 3, 2009C I T Y O F NDOVE 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.CI.ANDOVER.MN.US Regular City Council Meeting — Tuesday, March 3, 2009 Call to Order — 7:00 p.m. Pledge of Allegiance Resident Forum Agenda Approval 1. Approval of Minutes (2/17/09 Regular Meeting; 2/17/09 Closed Session) Consent Items 2. Approve Payment of Claims — Finance 3. Request Bids for Fire Truck — Fire 4. Reject Bid & Award Bid/09- 10/Diseased Tree Removal/Sanitation Enforcement —Engineering Discussion Items 5. Approve Sale of Bonds — Administration © 6. Hold Public Hearing/08- 37/157`" Avenue Reconstruction (MSAS 102) —Engineering 7. Consider Conditional Use Permit/Automobile Service Station /13533 Jay Street NW —Planning 8. Consider Conditional Use Permit /Telecommunications Antenna /Andover Station North - Planning Staff Items 9. Administrator's Report - Administration Mayor /Council Input Adjournment 141P U10) C I T Y O F N 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.CI.ANDOVER.MN.US TO: Mayor and City Council CC: Jim Dickinson, City Administrator FROM: Michelle Hartner, Deputy City Clerk SUBJECT: Approval of Minutes DATE: March 3, 2009 INTRODUCTION The following minutes were provided by Timesaver for City Council approval: February 17, 2009 February 17, 2009 DISCUSSION The minutes are attached for your review. ACTION REQUIRED Regular Meeting Closed Session The City Council is requested to approve the above minutes. Respectfully submitted, Michelle Hartner Deputy City Clerk Attach: Minutes 01 2 3 4 5 6 REGULAR ANDOVER CITY COUNCIL MEETING —FEBRUARY 17, 2009 7 MINUTES 8 9 10 The Regular Bi- Monthly Meeting of the Andover City Council was called to order by Mayor Mike 11 Gamache, February 17, 2009, 7:00 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW, 12 Andover, Minnesota. 13 14 Councilmembers present: Sheri Bukkila, Don Jacobson, Mike Knight, Julie Trude 15 Councilmember absent: None 16 Also present: City Attorney, Scott Baumgartner 17 Director of Public Works /City Engineer, Dave Berkowitz 18 City Administrator, Jim Dickinson 19 Community Development Director, Will Neumeister 20 Others 21 22 23 PLEDGE OFALLEG14NCE 24 25 26 RESIDENT FORUM 27 28 No one wished to address the Council 29 30 31 AGENDA APPROVAL 32 33 There were no changes. 34 35 Motion by Jacobson, Seconded by Trude, to approve the Agenda as presented. Motion carried 36 unanimously. 37 38 39 APPROVAL OFMINUTES 40 41 February 3, 2009, Regular Meeting: Correct as amended. 42 43 Councilmember Jacobson stated on page 2, lines 41 and 42, the sentence did not make sense and ©44 thought it should reflect his questioning of any water issues or ponding in the right -of -way that they 45 needed to know about. He stated on page 7 starting with line 3 they are talking about the $2.1 46 million for the referendum and then on line 9, the motion is for a different bond issue and he thought 47 they were making a motion for the $2.1 also. Mr. Dickinson stated this will move forward at the 48 March 3rd Council meeting and no action was needed. He stated lines 3 through 7 should probably © Regular Andover City Council Meeting Minutes — February 17, 2009 Page 2 1 be moved after the next subject after line 25. 2 3 Councilmember Trude stated the first line should be clarified to reflect "Mr. Ruff made a 4 presentation to the Council on the bond issuance and a future bond issuance ". 5 6 Motion by Jacobson, Seconded by Bukkila, approval of Minutes as indicated above. Motion carried 7 4 ayes, 1 present (Knight). 8 9 10 CONSENT ITEMS 11 12 Item 2 Approval of Claims 13 Item 3 Consider Approval Application for Exempt Permit/National Wild Turkey 14 Federation 15 Item 4 Order Improvement /Order & Approve Plans & Specs /Order Advertisement for 16 Bids /09- 5/2009 Pavement Markings (See Resolution R013 -09) 17 Item 5 Approve Plans & Specs /Order Advertisement for Bids /09- 2/2009 Street 18 Reconstruction (See Resolution R014 -09) 09 Item 6 Award Bid /09 -10 /Diseased Tree Removal/Sanitation Enforcement 20 Item 7 Authorize DNR FireWise Grant Application Submittal /09 -15 /Andover /Ramsey 21 Pine Tree Management Project 22 Item 8 Approve Appointment of Andover Firefighters Relief Association Board 23 Item 9 Authorize Letter of Support for Anoka County Open Space Acquisition 24 25 Motion by Trude, Seconded by Bukkila, approval of the Consent Agenda as read. Motion carried 26 unanimously. 27 28 29 RECEIVEANOKA COUNTYSHERIFFDEPARTMENT MONTHLYREPORT 30 31 Captain Tom Wells, Anoka County Sheriff's Department, provided an update on law enforcement 32 activities occurring within Andover. 33 34 Detective Scott Nealing reviewed with the Council the investigations he has been involved with in 35 the community. 36 37 Councilmember Knight asked with the economy the way it is was there more property thefts going 38 on. Captain Wells stated they have not seen that happen yet. Councilmember Knight stated he is 39 going to strongly urge residents to organize crime watch neighborhoods. 040 41 Councilmember Jacobson stated at one time the Sheriff's Department made a presentation to senior 42 citizens and he wondered if they still did this. Captain Wells stated they do and if someone wanted 43 information they could call the department for that. 44 © Regular Andover City Council Meeting Minutes —February 17, 2009 Page 3 1 Councilmember Trude stated she has noticed people leave their valuables out in the open and 2 thought this is something people need to think about before leaving home since nothing is safe in a 3 vehicle. Detective Nealing agreed. 4 6 DISCUSS STATE AID DESIGNATIONS & REVOCATIONS 7 8 Mr. Berkowitz stated the City Council is requested to consider Municipal State Aid Street (MSAS) 9 designations for 2009. 10 11 Mr. Berkowitz reviewed the information with the Council. 12 13 Councilmember Jacobson stated since meeting with staff Councilmember Trude and himself thought 14 about the rankings and they would like to suggest Rank #2, Ventre St. /168th Lane instead of Rank #1 15 since it's close to the amount of mileage they can use this year and is in an area that will not disturb 16 anyone. 17 018 Councilmember Trude stated the portion of Xeon Street that is built goes through Sophie's South, 9 which is not that, old and it is not built to State Aid standards. She stated another factor they talked 20 about is the need for major access routes has diminished in the last couple of years since they know a 21 railroad station will not be coming in. 22 23 Mayor Gamache stated Rank #2 made some sense but no development is going on at all in that area. 24 Councilmember Knight stated there are two farms side by side and they are cutting across field 25 portions on both sides and he wondered if they have talked to the homeowners at all. Do they have a 26 right to do that without informing the property owner they are going to do that? He stated he is not 27 against that but there are other factors involved. Mr. Berkowitz stated this is a valid point and should 28 be discussed with the homeowners involved and staff could contact them and bring this back to the 29 February workshop for direction from the Council at that time. 30 31 Mr. Berkowitz reviewed with Council how they would proceed with a road reconstruction. 32 Councilmember Jacobson stated they have to be careful when you are working with a street with 33 houses already built because it is not the most ideal situation to have and that is one of the reasons 34 they are looking at Ventre Street as a placeholder. 35 36 Mayor Gamache asked why they are not looking at anything within the Rural Reserve, is that 37 because they do not have anything built. Mr. Berkowitz stated they have already designated streets 38 in there. 39 040 , Mayor Gamache stated he never understood why Mr. Holasek has been opposed to this and he asked 41 if this could be explained to them. Mr. Winslow Holasek, 1159 Andover Boulevard, explained that 42 the main problem is Xeon Street ends at his house so there is very little room to get around it at the 43 back side so it would be close to his home. On the east side it would go between his building and 44 field which is currently being farmed and does not mix. There is really no good way to solve this ® Regular Andover City Council Meeting Minutes — February 17, 2009 Page 4 1 since he did not own the property to the west. He stated he also did not plan to develop his property 2 so if it did develop he thought the road was not needed since it is so close to the railroad tracks so 3 any traffic east of the tracks would not be able to get there, they would have to go to Prairie Road. 4 5 Mayor Gamache asked if they have this listed as a collector street. Mr. Berkowitz stated it is listed 6 as both a proposed State Aid Municipal Street and also a collector street. Mayor Gamache thought 7 they needed to look at how they wanted to plan this area but he did not know when they should do 8 this. Mr. Holasek stated there are a lot of other accesses directly to Hanson Boulevard. This Xeon 9 Street that is proposed would be so close to the railroad tracks and did not have room to go east. He 10 stated most people go directly to Hanson Boulevard. Mayor Gamache agreed they do this now but 11 what will happen in the future when his property is developed. Mr. Holasek stated everything east of 12 the railroad tracks will access out onto Prairie Road so there is not much road left. 13 14 Councilmember Trude stated they have seen when a road is designated as State Aid it is eventually 15 developed and this is something they want to be thoughtful about. She would support, if necessary, 16 to move down the list to Rank #3 or #4 since these are undeveloped areas. 17 18 Councilmember Jacobson suggested this be tabled until the worksession in February and have staff 09 contact the property owner of Rank #2. 20 21 Motion by Jacobson, Seconded by Trude, to table this item until the February Worksession on 22 February 24, 2009. Motion carried unanimously. 23 24 25 DISCUS SKETCH PLAN RE VISIONS TO PUD FOR CLOCKTOWER COMMONS 26 27 Community Development Director Neumeister stated BDT Holdings, the current owner of Andover 28 Clocktower Commons, is seeking direct access to Crosstown Boulevard NW. 29 30 Mr. Berkowitz reviewed the information with the Council. 31 32 Councilmember Trude stated there is discussion about the traffic report and she wondered if the full 33 access would look like the access at the school and Sunshine Park. Mr. Berkowitz stated it would be 34 but a little bit at a skew. He stated another point is the site lines and the way you maneuver through 35 the intersection is more difficult. Councilmember Trude thought that would be a good reason to try 36 to get a speed change because of the school crossing and other obstacles or else try to straighten it up 37 but they did not own the property. 38 39 Mr. Berkowitz reviewed with the Council the different speed zones in the area. He stated the curve 0 40 signs through the intersection of Crosstown Boulevard and Hanson Boulevard have advisory signs 41 below them of 40mph. This is not the posted speed. He also reviewed the different possible 42 intersections with the Council. 43 44 Councilmember Trude asked if they were granted an access would the trail need to be altered. Mr. Regular Andover City Council Meeting Minutes — February 17, 2009 Page 5 1 Berkowitz stated any access constructed would require trail improvements. 2 3 Councilmember Jacobson stated whatever they decide to do will involve three different areas that 4 will be affected. He stated it is not as simple as a right - in/right -out. He thought the owners preferred 5 to have a left lane in if possible. He stated if they plan this correctly now, it will save them from 6 problems in the future. 7 8 The Council discussed how the traffic would affect the current intersections at Bluebird 9 Street/Crosstown Boulevard and HansonBoulevard/Crosstown Boulevard. Mr. Berkowitz stated the 10 lowest cost for the developer would be a full access but with all the safety issues he would not 11 recommend that. The second least costly would be a right - in/right -out and would be safer to do with 12 the way the road is constructed. 13 14 Councilmember Bukkila stated she would have a problem with the three quarter turn if there is not 15 an adequate distance for people to make the transition from a 50mph zone to make that turn lane. 16 17 Mr. Brian Fesik, TKDA, reviewed with the Council the different conflict points for the intersection. 18 09 Mr. Tom Roberts, BDT Holdings and Darren Lazan, Landform, explained that by putting a curb cut 20 in they could ultimately lower the speed limit in this area. They thought the most important 21 movement to improve the traffic flow is a left turn in and then a right -out, right -in and then a left -out. 22 He agreed the cheapest for them is full access. He stated they would not mind a three quarter if they 23 could use paint instead of a pork chop. They would like to see from a cost standpoint that when Mr. 24 Holasek's property gets developed there will be a study done and the road will be rebuilt. He stated 25 it not economical for them today to do part of the intersection and then redo it again in a few years. 26 27 Mr. Roberts reviewed the different possibilities with the Council. 28 29 Mr. Lazan stated these stores are retail driven and need to have an easier access to the shops in order 30 to survive. Councilmember Knight wondered if a four way stop would make a difference. Mr. 31 Berkowitz stated it would be very dangerous because the potential of traffic backing up to Hanson 32 Boulevard. The roadway is designed to move traffic and a four way stop would make it difficult. 33 34 Councilmember Bukkila thought the developer was asking the Council to sacrifice safety to same 35 them money. Mr. Lazan stated there is always a risk of safety at every intersection and the road is 36 downgraded so he felt the intersection could be warranted. He stated they build tremendous amounts 37 of road to only rebuild them a few years later so they know Mr. Holasek's property is a game changer 38 and they do not want to spend a lot of money today to see it torn up a couple of years from now. 39 They are not opposed to the pork chop but is very expensive to do. �40 41 Councilmember Jacobson asked if they are looking at a cost sharing proposal. Mr. Roberts stated 42 they will pay for the improvements now but when the other properties are developed he requested 43 they pay their portion. He wondered if a round -about would be a good solution to the problem. He 44 thought the City will need to make a decision when the time comes to improve the property in the © Regular Andover City Council Meeting Minutes — February 17, 2009 Page 6 I area. 2 3 Councilmember Trude wondered if staff had a solution for cost savings for the access since she 4 would like to see as much access as they can get. Mr. Dickinson stated some of the issues are not 5 easy to structure for this since they do not know what will happen in the future. 6 7 The Council discussed the ramifications of allowing improvements and made suggestions to what the 8 City would like the developer to do. 9 10 Councilmember Jacobson stated he could be convinced that a pork chop might be appropriate but 11 what kind is the question. He stated another concern would be when the land across Crosstown 12 develops he would want something that would have minimal tear out for access to that development 13 also. 14 15 Mayor Gamache thought they have discussed all the different options and he still thought the access 16 should be at Bluebird Street with turn lanes and a possibility of a traffic signal there. He thought 17 they needed to find a way to improve the access at Bluebird Street. 18 019 Councilmember Trude stated there is no place on Crosstown Boulevard where there is a barrier for 20 turn areas. She stated they have not done that a lot on a road like Crosstown Boulevard. 21 22 Mr. Dickinson summarized the direction of the Council. The Council wanted a safe intersection; the 23 preferred is a three quarter intersection but would allow a right - in/right -out. Some direction is to see 24 if it is possible to stage the development over time. 25 26 27 SCHEDULE GOAL SETTING WORKSHOP 28 29 Mr. Dickinson stated a 2008 -2009 City Council identified goal is to consider holding an off -site 30 strategic planning meeting with the Council and Administrator to prioritize and set one to three 31 major goals for the next two year cycle. At the January 20, 2009 regular City Council meeting, it 32 was the Council consensus to have a Strategic Planning Meeting and to include an outside facilitator 33 for half a day on a weekend at Bunker Hills. 34 35 Mr. Dickinson stated staff has secured a facilitator that will perform the services within the scope 36 and budget identified at the January 20th meeting. Before securing a site to hold the session, staff is 37 looking for a date to be set by the Council. 38 39 Motion by Jacobson, Seconded by Knight, to schedule a Goal Setting Workshop for April 25, 2009. 440 Motion carried unanimously. 41 42 43 SCHEDULE MARCH EDA MEETING 44 ® Regular Andover City Council Meeting Minutes — February 17, 2009 Page 7 1 The Council is requested to schedule an EDA meeting at 6:00 p.m. before the March 17, 2009 City 2 Council meeting. 3 4 Motion by Trade, Seconded by Bukkila, to schedule an EDA Meeting for March 17, 2009 at 6:00 5 p.m. Motion carried unanimously. 6 7 8 SCHEDULE MAR CH WORKSHOP 9 10 City Administrator Dickinson stated the Council is requested to schedule a Special Council 11 Workshop for the month of March for a number of miscellaneous business items. 12 13 Motion by Trade, Seconded by Bukkila, to schedule a Special Council Workshop for March 24, 14 2009 at 6:00 p.m. Motion carried unanimously. 15 16 17 ADMINISTRATOR REPORT 18 019 City Administrator Dickinson updated the Council on the administration and city department 20 activities, meeting reminders and miscellaneous projects. 21 22 City Engineer Berkowitz updated the Council on road improvements projects in the City. 23 24 Community Development Director Neumeister updated the Council on development activity in 25 the City. 26 27 28 AM YORICO UNCIL INPUT 29 30 There was none. 31 32 The Council recessed to a closed session at 9:20 p.m. to discuss pending litigation with Precision 33 Sealcoating, Inc. and pending litigation with Yonke. 34 35 The Council reconvened at 9:33 p.m. 36 37 Motion by Trade, Seconded by Bukkila, to adjourn. Motion carried unanimously. The meeting 38 adjourned at 9:33 p.m. 39 �40 Respectfully submitted, 41 42 Susan Osbeck, Recording Secretary © Regular Andover City Council Meeting Minutes — February 17, 2009 Page 8 REGULAR ANDOVER CITY COUNCIL MEETING MINUTES — FEBRUARY 17, 2009 TABLE OF CONTENTS PLEDGEOF ALLEGIANCE .......................................................................... ............................... 1 RESIDENTFORUM ....................................................................................... ............................... 1 AGENDAAPPROVAL ................................................................................... ............................... 1 APPROVALOF MINUTES ............................................................................ ............................... 1 CONSENTITEMS .......................................................................................... ............................... 2 Item2 Approval of Claims ....................................................................... ............................... 2 Item 3 Consider Approval Application for Exempt Permit/National Wild Turkey Federation2 Item 4 Resolution R013 -09 Ordering Improvement/Order & Approve Plans & Specs /Order Advertisement for Bids /09- 5/2009 Pavement Markings ....................... ............................... 2 Item 5 Approve Plans & Specs /Order Advertisement for Bids /09- 2/2009 Street ReconstructionR014- 09 ......................................................................... ..............................2 Item 6 Award Bid /09 -10 /Diseased Tree Removal/Sanitation Enforcement ............................ 2 Item 7 Authorize DNR FireWise Grant Application Submittal /09 -15 /Andover /Ramsey Pine © Tree Management Project ....................................................................... ............................... 2 Item 8 Approve Appointment of Andover Firefighters Relief Association Board .................. 2 Item 9 Authorize Letter of Support for Anoka County Open Space Acquisition .................... 2 RECEIVE ANOKA COUNTY SHERIFF DEPARTMENT MONTHLY REPORT ..................... 2 DISCUSS STATE AID DESIGNATIONS & REVOCATIONS .................... ............................... 3 DISCUS SKETCH PLAN REVISIONS TO PUD FOR CLOCKTOWER COMMONS .............. 4 SCHEDULE GOAL SETTING WORKSHOP ................................................ ............................... 6 SCHEDULE MARCH EDA MEETING ......................................................... ............................... 6 SCHEDULE MARCH WORKSHOP .............................................................. ............................... 7 ADMINISTRATORREPORT ........................................................................ ............................... 7 MAYOR/COUNCIL INPUT ........................................................................... ............................... 7 Therewas none ............................................................................................ ............................... 7 ADJOURNMENT............................................................................................ ............................... 7 co I- C I T Y O E 0 VE 1685 CROSSTOWN BOULEVARD N.W.. ANDOVER, MINNESOTA 55304 (763) 755 -5100 FAX (763) 755 -8923 • WWW.CI.ANDOVER.MN.US TO: I Mayor and Councilmembers CC: Jim Dickinson, City Administrator / Finance Direct FROM: Lee Brezinka, Assistant Finance Director SUBJECT: Payment of Claims DATE: March 3, 2009 INTRODUCTION Attached are disbursement edit lists for claims related to the on going business of the City of Andover. DISCUSSION Claims totaling $171,672.44 on disbursement edit lists #1- #3 from 02/25/09 to 02/26/09 have been issued and released. QClaims totaling $105,153.25 on disbursement edit list #4 dated 03/03/09 will be issued and released upon approval. BUDGET IMPACT The edit lists consist of routine, payments with expenses being charged to various department budgets and projects. ACTION REQUIRED The Andover City Council is requested to approve total claims in the amount of $276,825.69. Please note that Council Meeting minutes will be used as documented approval. Respectfully submitted, Lee Brezinka Attachments: Edit Lists X U U :r W U 7r z V A m RS a O a �i O U r z a 0 0 0 z z z N O b U •--� N U M 0 19 U e-+ .-+ N Q � Q Ca W G=1 U i" U N U d d d •--� •--� C� U 00 a U •Y Uo U� o � 66 o o,CN W) h mMr .--i � � .--i .--i N 8 •'� L� 8 5550 L5 U LI Y �a U U :r W U 7r z V A m RS a O a �i O U r z a 0 0 0 z z z N O b U •--� N U M 0 19 U e-+ .-+ N Q � Q W W G=1 U i" U N U d d d r N N O M O O GJ N N O GJ m M U •--� N U M 0 19 U e-+ .-+ N N N N O 0 OM 0 O— N 0 N N N V] O V] CN •--� •--� O O Cl O U N U •Y Uo U�r Uoo ON N N 0 00 p O O O N N N N C) O N N N N N N N N O O Cl O U N U •Y �� o0 000 M M 66 WA wi O o,CN W) h mMr .--i � � .--i .--i N 8 •'� L� 8 5550 � M M_ N N U x o U it U w° z H E� me St r, 00 Q\ 0 0 N N i 0 0 P, U U 15 E 0 U N N C) O U ON ad � U N U •Y Y ti cd �U o Wp U d •ii 'u 8 •'� L� 8 5550 L5 ��'� Qi a. 6 •� N OO BUJ 0 U o clU cd cy �+U O 0 0 0 G � � � M M_ N N U x o U it U w° z H E� me St r, 00 Q\ 0 0 N N i 0 0 P, U U 15 E 0 U o v c w z u V ee A b a b O b 0 i. 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PllatfAPa ��;�� o 0 0 0 N a a a 2'o a'4-. H Fj' U U 00 00 00 00 OooCD UAAAANONNNU O U � ON ON C7, CN N N ON N >wwwaaaaoacam O z U d N O U O a) O cn Ud ON 0 0 N M O M 0 O O Cl O r r Cl O 00 00 00 00 ti O N ,O O U � v 5 o A O U M H � 0 u b u PI to N N M Vn v� O ,1 U �U ,fix o U Cyz� H H �n a. a k_n M 0 0 N N O u a 0 O a U U N p. O U i It MLr 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 . (763) 755 -5100 FAX (763) 755 -8923 • WWW.CI.ANDOVER.MN.US TO: Mayor and Councilmembers CC: Jim Dickinson, City Administrator FROM: Dan Winkel, Fire Chief ICJ (4) SUBJECT: Request to Advertise for Bids — Replacement Fire Truck, Engine #11 Station #1 DATE: March 4, 2009 INTRODUCTION The fire department is in the process of completing specifications for the scheduled replacement of a fire engine /pumper truck currently located at station #1. The truck was originally purchased in 1990. DISCUSSION aThe fire department is prepared to solicit sealed bids for a new custom fire engine /pumper using specifications that are very similar to the current engines located at stations #2 and #3. The fire department will advertise for bids in the appropriate legal newspaper for the required amount of time. The completed specifications will also be mailed to a number of qualified fire truck manufacturers with a cover letter asking them to submit sealed bids for this vehicle. The cover letter will also be asking manufacturers to submit any and all cost savings that may be attained as part of the sealed bid. Examples of past savings include paying for the chassis as it is delivered to the manufacturer just prior to the body production. In addition to the payment for the chassis, staff will be asking for further savings that could occur if the full payment for the completed vehicle is done as the chassis goes on the production line. BUDGETIMPACT The estimated cost of the new vehicle is between $425,000 and $450,000. The average construction time for this type of vehicle is estimated to be 10 to 12 months from the time the contract is signed and chassis ordered. The financing for this vehicle will be included in future equipment bonds that have been planned for as part of the Capital Equipment purchases. As part of the purchase process, the fire department will be asking the Mayor and City Council to declare a 1979 Ford model pumper as excess equipment and authorize staff to sell this truck. It is the intent of the fire department to keep the current Pierce model pumper purchased in 1990 as the I.S.O. required reserve or back up pumper. © RECOMMENDATION Staff is recommending that the Mayor and City Council authorize staff to solicit sealed bids for a new pumper/ engine to replace the current truck at station # 1. Respectfully submitted, . \ r Dan Winkel, Fire Chief n �-O] C I T Y O F- © N DOVE. 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.CI.ANDOVER.MN.US To: Mayor and Council Members CC: Jim Dickinson, City Administrato*Wor David Berkowitz, Director of Puby Eng ineers From: Kameron Kytonen, Natural Resources Technician Subject: Reject Original Awarded Bid and Award Bid to Second Lowest Bidder /09- 10/2009 Tree Removal Contractor - Engineering Date: March 3, 2009 INTRODUCTION The City Council is requested to reject the bid from Paul's Landscaping/Metro Tall Timbers and award the bid to Pioneer Tree and Landscaping, Inc. for the City Contract © under the contents of the Diseased Tree Removal/Sanitation Enforcement Policy. DISCUSSION Paul's Landscaping/Metro Tall Timbers was the lowest initial bid and was awarded the bid on February 17, 2009. However, they were not able to obtain the required $15,000 payment and performance bond. Thus, staff recommends rejecting the bid of Paul's Landscaping/Metro Tall Timbers and awarding the contract to the next lowest bidder, Pioneer Tree and Landscaping, Inc. Pioneer has indicated to the City that they can obtain the required payment and performance bond. BUDGET IMPACT Pioneer Tree and Landscaping, Inc. will invoice the City for services performed on each property. The City will pay the contractor and the applicable property owner will be billed or assessed for the value of the work plus administrative charges. ACTION REQUESTED It is requested that the City Council reject the original awarded bid to Paul's Landscaping/Metro Tall Timbers and award the bid to Pioneer Tree and Landscaping, Inc. F ully subm' , QKyton n Natural Resources ecbnician �i I T Y Q F © NDOVE AC ? 0 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.CI.ANDOVER.MN.US TO: Mayor and Councilmembers FROM: Jim Dickinson, City Administrator SUBJECT: Approve Bond Sales — Ehlers & Associates DATE: March 3, 2009 INTRODUCTION Mark Ruff or Todd Hagen from Ehlers & Associates, the City's Financial Advisor, will be in attendance to present the results of the City's sale of the following bond issues authorized at the February 3, 2008 Council Meeting for the $2,380,000 General Obligation Bonds, Series 2009A. A breakdown is as follows: $380,000 General Obligation Equipment Certificates, Series 2009A © $1,030,000 General Obligation Water Revenue Bonds, Series 2009A $970,000 General Obligation State Aid Refunding Bonds, Series 2009A DISCUSSION The City Council authorized at the February 3, 2008 Council Meeting to provide for the sale of the aforementioned bonds based on the following justification for each bond issue: $380,000 G.O. Equipment Certificates, Series 2009A These certificates are being issued primarily to finance public safety and public works equipment purchases outlined in the 2009 -2014 CIP. $1,030,000 G.O. Water Revenue Bonds, Series 2009A These bonds are proposed to be issued for the purpose of financing improvements to the municipal water system as outlined in the 2009 -2014 CIP $970,000 G.O. State Aid Refunding Bonds, Series 2009A These bonds are proposed to be issued for the purpose of effecting an advance crossover refunding of the 2013 through 2017 maturities of the City's $2,755,000 General Obligation State Aid Bonds, Series 2001B dated June 1, 2001. BUDGETIMPACT The $380,000 G.O. Equipment Certificates, Series 2009A, are funded by an annual tax levy. The $1,030,000 G.O. Water Revenue Bonds, Series 2009A, are funded by pledged revenues of the City's Water Utility. The $970,000 G.O. State Aid Refunding Bonds, Series 2009A, are funded by a portion of the City's Municipal State Aid Street Allotment. Mayor and Councilmembers March 3, 2009 Page 2 of 2 ACTION REQUESTED The City Council is requested to approve the attached resolution accepting the proposal on sale of the respective bonds based on the bid tabulation that will be presented by Ehlers & Associates at the meeting. The resolution is as listed below: RESOLUTION PROVIDING FOR THE ISSUANCE AND SALE OF $2,380,000 GENERAL OBLIGATION BONDS, SERIES 2009A, PLEDGING FOR THE SECURITY THEREOF NET REVENUES AND LEVYING A TAX FOR THE PAYMENT THEREOF tfully submitted, JJ*Dickinson 10 Attachments x EXTRACT OF MINUTES OF A MEETING CITY COUNCIL OF THE CITY OF ANDOVER, MINNESOTA HELD: March 3, 2009 Pursuant to due call, a regular or special meeting of the City Council of the City of Andover, Anoka County, Minnesota, was duly held at the City Hall on March 3, 2009, at 7:00 P.M., for the purpose, in part, of authorizing the issuance and awarding the sale of $2,380,000 General Obligation Bonds, Series 2009A. The following members were present: and the following were absent: The City Clerk presented proposals on $2,380,000 General Obligation Bonds, Series 2009A, for which proposals were to be received, opened and tabulated by the City Clerk, or designee, this same day, in accordance with the resolution adopted by the City Council on February 3, 2009. The following proposals were received, opened and tabulated at 11:00 a.m. at the offices of Ehlers and Associates, Inc., in the presence of the City Clerk, or designee, on this same day: ® Bidder Interest Rate Net Interest Cost (See attached) The Council then proceeded to consider and discuss the proposals, after which member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION PROVIDING FOR THE ISSUANCE AND SALE OF $2,380,000 GENERAL OBLIGATION BONDS, SERIES 2009A, PLEDGING FOR THE SECURITY THEREOF NET REVENUES AND LEVYING A TAX FOR THE PAYMENT THEREOF A. WHEREAS, the City Council of the City of Andover, Minnesota (the "City "), has heretofore determined and declared that it is necessary and expedient to issue $2,380,000 General Obligation Bonds, Series 2009A (the 'Bonds" or individually a 'Bond "), pursuant to Minnesota Statutes, Chapter 475 and: (i) Section 412.301 to finance the purchase of various items of capital equipment (the "Equipment "); (ii) Section 444.075, to finance improvements to the municipal water system (the "System Improvements "); and (iii) Section 162.18 to finance the crossover refunding (the "Refunding "), on February 1, 2010 (the "Crossover Date ") of certain maturities of the outstanding $2,755,000 original principal amount of the General Obligation State -Aid Street Bonds, Series 2001B, dated June 1, 2001 (the "Prior Bonds "); and © B. WHEREAS, each item of Equipment to be financed by the Equipment Portion of the Bonds, as hereinafter defined, has an expected useful life at least as long as the term of the 23052260 1 QEquipment Portion of the Bonds. The principal amount of the Equipment Portion of the Bonds does not exceed one - quarter of one percent (0.25 %) of the market value of the taxable property in the City ($ times 0.25% is $ ); and C. WHEREAS, the City owns and operates a municipal water system as a separate revenue producing public utility (the "System ") and the net revenues of the System are pledged to the payment of the City's outstanding $6,570,000 original principal amount General Obligation Water Revenue Refunding Bonds, Series 2007B, dated March 13, 2007 and, until the Crossover Date, the Prior Bonds (together, the "Outstanding Bonds "); and D. WHEREAS, $930,000 aggregate principal amount of the Prior Bonds ($55,000 of which is a portion of the February 1, 2013 maturity and $875,000 of which is the February 1, 2014 through February 1, 2017 maturities, inclusive) will be called on the Crossover Date (the "Refunded Bonds "), at a price of par plus accrued interest, as provided in the resolution of the City Council adopted on June 5, 2001, authorizing the issuance of the Prior Bonds (the "Prior Resolution ") and Refunding of the Refunded Bonds on the Crossover Date is consistent with covenants made with the holders thereof, and is necessary and desirable for the reduction of debt service cost to the City; and E. WHEREAS, the average annual amount of principal and interest due in all subsequent calendar years on the Refunding Portion of the Bonds, as hereinafter defined, and on all other bonds (if any) payable from the City's account in the Municipal State -Aid Street Fund © ($ ) does not exceed 90% of the amount of the last annual allotment preceding the issuance of the Bonds received by the City from the Municipal State -Aid Street Fund Construction Account ($ ); and F. WHEREAS, the City has retained Ehlers and Associates, Inc., in Roseville, Minnesota ( "Ehlers "), as its independent financial advisor for the sale of the Bonds and was therefore authorized to sell the Bonds by private negotiation in accordance with Minnesota Statutes, Section 475.60, Subdivision 2(9) and proposals to purchase the Bonds have been solicited by Ehlers; and G. WHEREAS, it is in the best interests of the City that the Bonds be issued in book - entry form as hereinafter provided; and NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Andover, Minnesota, as follows: 1. Acceptance of Proposal. The proposal of (the "Purchaser "), to purchase the Bonds in accordance with the Terms of Proposal, at the rates of interest hereinafter set forth, and to pay therefor the sum of $ , plus interest accrued to settlement, is hereby found, determined and declared to be the most favorable proposal received and is hereby accepted and the Bonds are hereby awarded to the Purchaser. The City Clerk is directed to retain the deposit of the Purchaser and to return to the unsuccessful bidders any good faith checks or drafts. © 2. Bond Terms. 2305226v1 2 Q(a) Original Issue Date; Denominations; Maturities; Term Bond Option. The Bonds shall be dated March 26, 2009, as the date of original issue and shall be issued forthwith on or after such date in fully registered form, shall be numbered from R -1 upward in the denomination of $5,000 each or in any integral multiple thereof of a single maturity (the "Authorized Denominations ") and shall mature on February 1 in the years and amounts as follows: Year 2010 2011 2012 2013 2014 2015 2016 2017 Amount Year 2018 2019 2020 2021 2022 2023 2024 Amount As may be requested by the Purchaser, one or more term Bonds may be issued having mandatory sinking fund redemption and final maturity amounts conforming to the foregoing principal repayment schedule, and corresponding additions may be made to the provisions of the applicable Bond(s). © (b) Allocation. The aggregate principal amount of $ maturing in each of the years and amounts hereinafter set forth are issued to finance acquisition of the Equipment (the "Equipment Portion "); the aggregate principal amount of $ maturing in each of the years and amounts hereinafter set forth are issued to finance the System Improvements (the "System Improvements Portion "); and aggregate principal amount of $ maturing in each of the years and amounts hereinafter set forth are issued to finance the Refunding (the "Refunding Portion "): X 23052260 3 Equipment System Improvements Refunding ® q p Portion Total Amount Year Portion Portion 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 If Bonds are prepaid, the prepayments shall be allocated to the portions of debt service (and hence allocated to the payment of Bonds treated l l moneys is the general fund of portion of debt service) as provided in this paragraph. If the sour ce of prepayment the City, or other generally available source, the prepayment may be allocated to any portion of debt service in such amounts as the City shall dbe�allocated to the Equipment Portaon of debtaxes levied for the Equipment, the prepayment shall d to the service. If the source of a prepayment is excess s Improvements Portion of System Improvements, the prepayment shall be allocated to the System debt service. If the source of a prepayment is an allotment all be allocated to the Refunding Portion the Municipal State -Aid Street Fund, the prepayment of debt service. (c) Book Entry Only System. The Depository Trust Company, a limited purpose trust company organized under the laws of the State of New 1 act as ecuritiestdepository for the successors to its functions hereunder (the "Depository") Bonds, and to this end: (i) The Bonds shall be initially issued and, so long as they remain in book entry form only (the Book Entry Only Period "), shall at all s of to single fully registered Bond for each maturity of the Bonds; and for purpose complying with this requirement shal under paragraphs 5 to be limited during Denominations for any Bon g the Book Entry Only Period to the outstanding principal amount of that Bond. in a bond (ii) Upon initial issuance, ownership Registrar t (ass shall be register maintained by the Bond defined) in the name of CEDE & CO., as the nominee (it or any nominee of the existing or a successor Depository, the "Nominee "). 4 2305226v1 �j (iii) With respect to the Bonds neither the City nor the Bond Registrar shall have any 0 responsibility or obligation to any broker, dealer, bank, or any other financial institution for which the Depository holds Bonds as securities depository (the "Participant ") or the person for which a Participant holds an interest in the Bonds shown on the books and records of the Participant (the "Beneficial Owner "). Without limiting the immediately preceding sentence, neither the City, nor the Bond Registrar, shall have any such responsibility or obligation with respect to (A) the accuracy of the records of the Depository, the Nominee or any Participant with respect to any ownership interest in the Bonds, or (B) the delivery to any Participant, any Owner or any other person, other than the Depository, of any notice with respect to the Bonds, including any notice of redemption, or (C) the payment to any Participant, any Beneficial Owner or any other person, other than the Depository, of any amount with respect to the principal of or premium, if any, or interest on the Bonds, or (D) the consent given or other action taken by the Depository as the Registered Holder of any Bonds (the "Holder "). For purposes of securing the vote or consent of any Holder under this Resolution, the City may, however, rely upon an omnibus proxy under which the Depository assigns its consenting or voting rights to certain Participants to whose accounts the Bonds are credited on the record date identified in a listing attached to the omnibus proxy. (iv) The City and the Bond Registrar may treat as and deem the Depository to be the absolute owner of the Bonds for the purpose of payment of the principal of and premium, if any, and interest on the Bonds, for the purpose of giving notices of redemption and other matters with respect to the Bonds, for the purpose of obtaining any consent or other action to be taken by Holders for the purpose of registering transfers with respect to such Bonds, and for all purpose whatsoever. The Bond Registrar, as paying agent hereunder, shall pay all principal of and premium, if any, and interest on the Bonds only to the Holder or the Holders of the Bonds as shown on the bond register, and all such payments shall be valid and effective to fully satisfy and discharge the City's obligations with respect to the principal of and premium, if any, and interest on the Bonds to the extent of the sum or sums so paid. (v) Upon delivery by the Depository to the Bond Registrar of written notice to the effect that the Depository has determined to substitute a new Nominee in place of the existing Nominee, and subject to the transfer provisions in paragraph 10 hereof, references to the Nominee hereunder shall refer to such new Nominee. (vi) So long as any Bond is registered in the name of a Nominee, all payments with respect to the principal of and premium, if any, and interest on such Bond and all notices with respect to such Bond shall be made and given, respectively, by the Bond Registrar or City, as the case may be, to the Depository as provided in the Letter of Representations to the Depository required by the Depository as a condition to its acting as book -entry Depository for the Bonds (said Letter of Representations, together with any replacement thereof or amendment or 0 substitute thereto, including any standard procedures or policies referenced 2305226v1 5 © therein or applicable thereto respecting the procedures and other matters relating to the Depository's role as book -entry Depository for the Bonds, collectively hereinafter referred to as the "Letter of Representations "). (vii) All transfers of beneficial ownership interests in each Bond issued in book -entry form shall be limited in principal amount to Authorized Denominations and shall be effected by procedures by the Depository with the Participants for recording and transferring the ownership of beneficial interests in such Bonds. (viii) In connection with any notice or other communication to be provided to the Holders pursuant to this Resolution by the City or Bond Registrar with respect to any consent or other action to be taken by Holders, the Depository shall consider the date of receipt of notice requesting such consent or other action as the record date for such consent or other action; provided, that the City or the Bond Registrar may establish a special record date for such consent or other action. The City or the Bond Registrar shall, to the extent possible, give the Depository notice of such special record date not less than fifteen calendar days in advance of such special record date to the extent possible. ' (ix) Any successor Bond Registrar in its written acceptance of its duties under this Resolution and any paying agency/bond registrar agreement, shall agree to take any actions necessary from time to time to comply with the requirements of the Letter of Representations. ® (x) In the case of a partial prepayment of a Bond, the Holder may, in lieu of surrendering the Bonds for a Bond of a lesser denomination as provided in paragraph 5, make a notation of the reduction in principal amount on the panel provided on the Bond stating the amount so redeemed. (d) Termination of Book -Entry Only System. Discontinuance of a particular Depository's services and termination of the book -entry only system may be effected as follows: (i) The Depository may determine to discontinue providing its services with respect to the Bonds at any time by giving written notice to the City and discharging its responsibilities with respect thereto under applicable law. The City may terminate the services of the Depository with respect to the Bond if it determines that the Depository is no longer able to carry out its functions as securities depository or the continuation of the system of book -entry transfers through the Depository is not in the best interests of the City or the Beneficial Owners. (ii) Upon termination of the services of the Depository as provided in the preceding paragraph, and if no substitute securities depository is willing to undertake the functions of the Depository hereunder can be found which, in the opinion of the City, is willing and able to assume such functions upon reasonable or customary terms, or if the City determines that it is in the best interests of the City or the Beneficial Owners of the Bond that the Beneficial Owners be able to obtain ® certificates for the Bonds, the Bonds shall no longer be registered as being 2305226v1 6 registered in the bond register in the name of the Nominee, but may be registered in whatever name or names the Holder of the Bonds shall designate at that time, in accordance with paragraph 10. To the extent that the Beneficial Owners are designated as the transferee by the Holders, in accordance with paragraph 10, the Bonds will be delivered to the Beneficial Owners. Nothing in this subparagraph (d) shall limit or restrict the provisions of paragraph 10. (e) Letter of Representations. The provisions in the Letter of Representations are incorporated herein by reference and made a part of the resolution, and if and to the extent any such provisions are inconsistent with the other provisions of this resolution, the provisions in the Letter of Representations shall control. 3. Purpose• Refunding Findings. The Equipment Portion of the Bonds shall provide funds to finance acquisition of the Equipment. The System Improvements Portion of the Bonds shall provide funds to finance the System Improvements (the "System Improvements Project "). The Refunding Portion shall provide funds to finance the Refunding. The total cost of the acquisition of the Equipment, the System Improvements Project and the Refunding (herein, together, the "Project "), which shall include all costs enumerated in Minnesota Statutes, Section 475.65, is estimated to be at least equal to the amount of the Bonds. The City covenants that it shall do all things and perform all acts required of it to assure that work on the Project proceeds with due diligence to completion and that any and all permits and studies required under law for Qthe Project are obtained. It is hereby found, determined and declared that the Refunding is pursuant to Minnesota Statutes, Section 475.67, Subdivision 13, and as of the Crossover Date, shall result in a reduction of the present value of the dollar amount of the debt service to the City from a total dollar amount of $ for the Prior Bonds to a total dollar amount of $ for the Refunding Portion of the Bonds, computed in accordance with the provisions of Minnesota Statutes, Section 475.67, Subdivision 12, and accordingly the dollar amount of such present value of the debt service for the Refunding Portion of the Bonds is lower by at least three percent than the dollar amount of such present value of the debt service for the Prior Bonds, as required in Minnesota Statutes, Section 475.67, Subdivision 12. 4. Interest. The Bonds shall bear interest payable semiannually on February 1 and August 1 of each year (each, an Interest Payment Date "), commencing August 1, 2009, calculated on the basis of a 360 -day year of twelve 30 -day months, at the respective rates per annum set forth opposite the maturity years as follows: X 2305226v1 7 Maturity Year Interest Rate Maturity Year Interest Rate 2010 2018 2011 2019 2012 2020 2013 2021 2014 2022 2015 2023 2016 2024 2017 5. Redemption. All Bonds maturing on February 1, 2019 and thereafter, shall be subject to redemption and prepayment at the option of the City on February 1, 2018, and on any date thereafter at a price of par plus accrued interest. Redemption may be in whole or in part of the Bonds subject to prepayment. If redemption is in part, the maturities and the principal amounts within each maturity to be redeemed shall be determined by the City; and if only part of the Bonds having a common maturity date are called for prepayment, the specific Bonds to be prepaid shall be chosen by lot by the Bond Registrar. Bonds or portions thereof called for redemption shall be due and payable on the redemption date, and interest thereon shall cease to accrue from and after the redemption date. Mailed notice of redemption shall be given to the paying agent and to each affected registered holder of the Bonds thirty days prior to the date fixed for redemption. To effect a partial redemption of Bonds having a common maturity date, the Bond Registrar prior to giving notice of redemption shall assign to each Bond having a common maturity date a distinctive number for each $5,000 of the principal amount of such Bond. The Bond Registrar shall then select by lot, using such method of selection as it shall deem proper in its discretion, from the numbers so assigned to such Bonds, as many numbers as, at $5,000 for each number, shall equal the principal amount of such Bonds to be redeemed. The Bonds to be redeemed shall be the Bonds to which were assigned numbers so selected; provided, however, that only so much of the principal amount of each such Bond of a denomination of more than $5,000 shall be redeemed as shall equal $5,000 for each number assigned to it and so selected. If a Bond is to be redeemed only in part, it shall be surrendered to the Bond Registrar (with, if the City or Bond Registrar so requires, a written instrument of transfer in form satisfactory to the City and Bond Registrar duly executed by the Holder thereof or the Holder's attorney duly authorized in writing) and the City shall execute (if necessary) and the Bond Registrar shall authenticate and deliver to the Holder of the Bond, without service charge, a new Bond or Bonds having the same stated maturity and interest rate and of any Authorized Denomination or Denominations, as requested by the Holder, in aggregate principal amount equal to and in exchange for the unredeemed portion of the principal of the Bond so surrendered. 6. Bond Registrar. U.S. Bank National Association, in St. Paul, Minnesota, is appointed to act as bond registrar and transfer agent with respect to the Bonds (the "Bond Registrar"), and shall do so unless and until a successor Bond Registrar is duly appointed, all pursuant to any contract the City and Bond Registrar shall execute which is consistent herewith. © The Bond Registrar shall also serve as paying agent unless and until a successor - paying agent is 2305226v1 8 duly appointed. Principal and interest on the Bonds shall be paid to the registered holders (or record holders) of the Bonds in the manner set forth in the form of Bond and paragraph 12. 7. Form of Bond. The Bonds, together with the Bond Registrar's Certificate of Authentication, the form of Assignment and the registration information thereon, shall be in substantially the following form: UNITED STATES OF AMERICA STATE OF MINNESOTA ANOKA COUNTY CITY OF ANDOVER R- $ GENERAL OBLIGATION BOND, SERIES 2009A Interest Rate Maturily Date Date of Original Issue CUSIP % February 1, March 26, 2009 REGISTERED OWNER: CEDE & CO. PRINCIPAL AMOUNT: The City of Andover, Anoka County, Minnesota (the "Issuer "), certifies that it is indebted and for value received promises to pay to the registered owner specified above, or registered assigns, unless called for earlier redemption, in the manner hereinafter set forth, the principal amount specified above, on the maturity date specified above, and to pay interest thereon semiannually on February 1 and August 1 of each year (each, an "Interest Payment Date "), commencing August 1, 2009, at the rate per annum specified above (calculated on the basis of a 360 -day year of twelve 30 -day months) until the principal sum is paid or has been provided for. This Bond will bear interest from the most recent Interest Payment Date to which interest has been paid or, if no interest has been paid, from the date of original issue hereof. The principal of and premium, if any, on this Bond are payable upon presentation and surrender hereof at the principal office of U.S. Bank National Association, in St. Paul, Minnesota (the "Bond Registrar "), acting as paying agent, or any successor paying agent duly appointed by the Issuer. Interest on this Bond will be paid on each Interest Payment Date by check or draft mailed to the person in whose name this Bond is registered (the "Holder" or "Bondholder ") on the registration books of the Issuer maintained by the Bond Registrar and at the address appearing thereon at the close of business on the fifteenth day of the calendar month next preceding such Interest Payment Date (the "Regular Record Date "). Any interest not so timely paid shall cease to be payable to the person who is the Holder hereof as of the Regular Record Date, and shall be payable to the person who is the Holder hereof at the close of business on a date (the "Special Record Date ") fixed by the Bond Registrar whenever money becomes available for payment of the defaulted interest. Notice of the Special Record Date shall be given to Bondholders not less than ten days prior to the Special Record Date. The principal of and premium, if any, and interest on this Bond are payable in lawful money of the United States of America. So long as 2305226v1 9 Qthis Bond is registered in the name of the Depository or its Nominee as provided in the Resolution hereinafter described, and as those terms are defined therein, payment of principal of, premium, if any, and interest on this Bond and notice with respect thereto shall be made as provided in the Letter of Representations, as defined in the Resolution, and surrender of this Bond shall not be required for payment of the redemption price upon a partial redemption of this Bond. Until termination of the book -entry only system pursuant to the Resolution, Bonds may only be registered in the name of the Depository or its Nominee. Optional Redem tp ion. All Bonds of this issue (the "Bonds ") maturing on February 1, 2019, and thereafter, are subject to redemption and prepayment at the option of the Issuer on February 1, 2018, and on any date thereafter at a price of par plus accrued interest. Redemption may be in whole or in part of the Bonds subject to prepayment. If redemption is in part, the maturities and the principal amounts within each maturity to be redeemed shall be determined by the Issuer; and if only part of the Bonds having a common maturity date are called for prepayment, the specific Bonds to be prepaid shall be chosen by lot by the Bond Registrar. Bonds or portions thereof called for redemption shall be due and payable on the redemption date, and interest thereon shall cease to accrue from and after the redemption date. Mailed notice of redemption shall be given to the paying agent and to each affected registered holder of the Bonds at least thirty days prior to the date fixed for redemption. Selection of Bonds for Redemption; Partial Redemption. To effect a partial redemption of Bonds having a common maturity date, the Bond Registrar shall assign to each Bond having a © common maturity date a distinctive number for each $5,000 of the principal amount of such Bond. The Bond Registrar shall then select by lot, using such method of selection as it shall deem proper in its discretion, from the numbers assigned to the Bonds, as many numbers as, at $5,000 for each number, shall equal the principal amount of such Bonds to be redeemed. The Bonds to be redeemed shall be the Bonds to which were assigned numbers so selected; provided, however, that only so much of the principal amount of such Bond of a denomination of more than $5,000 shall be redeemed as shall equal $5,000 for each number assigned to it and so selected. If a Bond is to be redeemed only in part, it shall be surrendered to the Bond Registrar (with, if the Issuer or Bond Registrar so requires; a written instrument of transfer in form satisfactory to the Issuer and Bond Registrar duly executed by the Holder thereof or the Holder's attorney duly authorized in writing) and the Issuer shall execute (if necessary) and the Bond Registrar shall authenticate and deliver to the Holder of the Bond, without service charge, a new Bond or Bonds having the same stated maturity and interest rate and of any Authorized Denomination or Denominations, as requested by the Holder, in aggregate principal amount equal to and in exchange for the unredeemed portion of the principal of the Bond so surrendered. Issuance; Purpose, General Obligation. This Bond is one of an issue in the total principal amount of $2,380,000, all of like date of original issue and tenor, except as to number, maturity, interest rate, denomination and redemption privilege, issued pursuant to and in full conformity with the Constitution and laws of the State of Minnesota and pursuant to a resolution adopted by the City Council on March 3, 2009 (the "Resolution "), for the purpose of providing money to finance the acquisition of items of capital equipment and improvements to the municipal water © system (the "System ") and for a crossover refunding on February 1, 2010, of certain of the Issuer's outstanding General Obligation State -Aid Street Bonds, Series 2001B, dated June 1, 2001. This Bond is payable out of the General Obligation Bonds, Series 2009A Fund of the 23052260 10 OIssuer. This Bond constitutes a general obligation of the Issuer, and to provide moneys for the prompt and full payment of its principal, premium, if any, and interest when the same become due, the full faith and credit and taxing powers of the Issuer have been and are hereby irrevocably pledged. Denominations; Exchange; Resolution. The Bonds are issuable solely in fully registered form in Authorized Denominations (as defined in the Resolution) and are exchangeable for fully registered Bonds of other Authorized Denominations in equal aggregate principal amounts at the office of the Bond Registrar, but only in the manner and subject to the limitations provided in the Resolution. Reference is hereby made to the Resolution for a description of the rights and duties of the Bond Registrar. Copies of the Resolution are on file in the office of the Bond Registrar. Transfer. This Bond is transferable by the Holder in person or the Holder's attorney duly authorized in writing at the office of the Bond Registrar upon presentation and surrender hereof to the Bond Registrar, all subject to the terms and conditions provided in the Resolution and to reasonable regulations of the Issuer contained in any agreement with the Bond Registrar. Thereupon the Issuer shall execute and the Bond Registrar shall authenticate and deliver, in exchange for this Bond, one or more new fully registered Bonds in the name of the transferee (but not registered in blank or to "bearer" or similar designation), of an Authorized Denomination or Denominations, in aggregate principal amount equal to the principal amount of this Bond, of the same maturity and bearing interest at the same rate. Fees upon Transfer or Loss. The Bond Registrar may require payment of a sum sufficient to cover any tax or other governmental charge payable in connection with the transfer or exchange of this Bond and any legal or unusual costs regarding transfers and lost Bonds. Treatment of Registered Owners. The Issuer and Bond Registrar may treat the person in whose name this Bond is registered as the owner hereof for the purpose of receiving payment as herein provided (except as otherwise provided herein with respect to the Record Date) and for all other purposes, whether or not this Bond shall be overdue, and neither the Issuer nor the Bond Registrar shall be affected by notice to the contrary. Authentication. This Bond shall not be valid or become obligatory for any purpose or be entitled to any security unless the Certificate of Authentication hereon shall have been executed by the Bond Registrar. it t Qualified Tax -Exem p Obligation. This Bond has been designated by the Issuer as a qualified tax - exempt obligation" for purposes of Section 265(b)(3) of the Internal Revenue Code of 1986, as amended. IT IS HEREBY CERTIFIED AND RECITED that all acts, conditions and things required by the Constitution and laws of the State of Minnesota to be done, to happen and to be performed, precedent to and in the issuance of this Bond, have been done, have happened and have been performed, in regular and due form, time and manner as required by law, and that this Bond, together with all other debts of the Issuer outstanding on the date of original issue hereof © and the date of its issuance and delivery to the original purchaser, does not exceed any constitutional or statutory limitation of indebtedness. 2305226v1 11 �4w] X IN WITNESS WHEREOF, the City of Andover, Anoka County, Minnesota, by its City Council has caused this Bond to be executed on its behalf by the facsimile signatures of its Mayor and its City Clerk, the corporate seal of the Issuer having been intentionally omitted as permitted by law. Date of Registration: Registrable by: U.S. BANK NATIONAL ASSOCIATION Payable at: U.S. BANK NATIONAL BOND REGISTRAR'S ASSOCIATION CERTIFICATE OF AUTHENTICATION CITY OF ANDOVER, This Bond is one of the Bonds ANOKA COUNTY, MINNESOTA described in the Resolution /s/ Facsimile mentioned within. Mayor U.S. BANK NATIONAL ASSOCIATION /s/ Facsimile St. Paul, Minnesota City Clerk Bond Registrar go Authorized Signature 2305226v 1 12 © ABBREVIATIONS L� The following abbreviations, when used in the inscription on the face of this Bond, shall be construed as though they were written out in full according to applicable laws or regulations: TEN COM - as tenants in common TEN ENT - as tenants by the entireties JT TEN - as joint tenants with right of survivorship and not as tenants in common UTMA - as custodian for (Cust) (Minor) under the Uniform (State) Transfers to Minors Act Additional abbreviations may also be used though not in the above list. ASSIGNMENT For value received, the undersigned hereby sells, assigns and transfers unto the within Bond and does hereby irrevocably constitute and appoint attorney to transfer the Bond on the books kept for the registration thereof, with full power of substitution in the premises. Dated: Notice: The assignor's signature to this assignment must correspond with the name as it appears upon the face of the within Bond in every particular, without alteration or any change whatever. Signature Guaranteed: Signature(s) must be guaranteed by a national bank or trust company or by a brokerage firm having a membership in one of the major stock exchanges or any other "Eligible Guarantor Institution" as defined in 17 CFR 240.17 Ad- 15(a)(2). The Bond Registrar will not effect transfer of this Bond unless the information concerning the transferee requested below is provided. Name and Address: (Include information for all joint owners if the Bond is held by joint account.) 2305226v1 13 Q PREPAYMENT SCHEDULE Me x This Bond has been prepaid in part on the date(s) and in the amount(s) as follows: 2305226v1 Date Amount Authorized signature of Holder 14 © 8. Execution; Temporary Bonds. The Bonds shall be in typewritten form, shall be executed on behalf of the City by the signatures of its Mayor and City Clerk and be sealed with the seal of the City; provided, as permitted by law, both signatures may be photocopied. facsimiles and the corporate seal has been omitted. In the event of disability or resignation or other absence of either officer, the Bonds may be signed by the manual or facsimile signature of the officer who may act on behalf of the absent or disabled officer. In case either officer whose signature or facsimile of whose signature shall appear on the Bonds shall cease to be such officer before the delivery of the Bonds, the signature or facsimile shall nevertheless be valid and sufficient for all purposes, the same as if the officer had remained in office until delivery. 9. Authentication. No Bond shall be valid or obligatory for any purpose or be entitled to any security or benefit under this resolution unless a Certificate of Authentication on such Bond, substantially in the form hereinabove set forth, shall have been duly executed by an authorized representative of the Bond Registrar. Certificates of Authentication on different Bonds need not be signed by the same person. The Bond Registrar shall authenticate the signatures of officers of the City on each Bond by execution of the Certificate of Authentication on the Bond and by inserting as the date of registration in the space provided the date on which the Bond is authenticated, except that for purposes of delivering the original Bonds to the Purchaser, the Bond Registrar shall insert as a date of registration the date of original issue of March 26, 2009. The Certificate of Authentication so executed on each Bond shall be conclusive evidence that it has been authenticated and delivered under this resolution. 10. Registration; Transfer; Exchange. The City will cause to be kept at the principal © office of the Bond Registrar a bond register in which, subject to such reasonable regulations as the Bond Registrar may prescribe, the Bond Registrar shall provide for the registration of Bonds and the registration of transfers of Bonds entitled to be registered or transferred as herein provided. C7 Upon surrender for transfer of any Bond at the principal office of the Bond Registrar, the City shall execute (if necessary), and the Bond Registrar shall authenticate, insert the date of registration (as provided in paragraph 9) of, and deliver, in the name of the designated transferee or transferees, one or more new Bonds of any Authorized Denomination or Denominations of a like aggregate principal amount, having the same stated maturity and interest rate, as requested by the transferor; provided, however, that no Bond may be registered in blank or in the name of "bearer" or similar designation. At the option of the Holder, Bonds may be exchanged for Bonds of any Authorized Denomination or Denominations of a like aggregate principal amount and stated maturity, upon surrender of the Bonds to be exchanged at the office of the Bond Registrar. Whenever any Bonds are so surrendered for exchange, the City shall execute (if necessary), and the Bond Registrar shall authenticate, insert the date of registration of, and deliver the Bonds which the Holder making the exchange is entitled to receive. All Bonds surrendered upon any exchange or transfer provided for in this resolution shall be promptly canceled by the Bond Registrar and thereafter disposed of as directed by the City. 2305226v1 15 © All Bonds delivered in exchange for or upon transfer of Bonds shall be valid general obligations of the City evidencing the same debt, and entitled to the same benefits under this resolution, as the Bonds surrendered for such exchange or transfer. Every Bond presented or surrendered for transfer or exchange shall be duly endorsed or be accompanied by a written instrument of transfer, in form satisfactory to the Bond Registrar, duly executed by the Holder thereof or the Holder's attorney duly authorized in writing. The Bond Registrar may require payment of a sum sufficient to cover any tax or other governmental charge payable in connection with the transfer or exchange of any Bond and any legal or unusual costs regarding transfers and lost Bonds. Transfers shall also be subject to reasonable regulations of the City contained in any agreement with the Bond Registrar, including regulations which permit the Bond Registrar to close its transfer books between record dates and payment dates. The City Clerk is hereby authorized to negotiate and execute the terms of said agreement. 11. Rights Upon Transfer or Exchange. Each Bond delivered upon transfer of or in exchange for or in lieu of any other Bond shall carry all the rights to interest accrued and unpaid, and to accrue, which were carried by such other Bond. 12. Interest Payment; Record Date. Interest on any Bond shall be paid on each Interest Payment Date by check or draft mailed to the person in whose name the Bond is © registered (the "Holder ") on the registration books of the City maintained by the Bond Registrar and at the address appearing thereon at the close of business on the fifteenth day of the calendar month next preceding such Interest Payment Date (the "Regular Record Date "). Any such interest not so timely paid shall cease to be payable to the person who is the Holder thereof as of the Regular Record Date, and shall be payable to the person who is the Holder thereof at the close of business on a date (the "Special Record Date ") fixed by the Bond Registrar whenever money becomes available for payment of the defaulted interest. Notice of the Special Record Date shall be given by the Bond Registrar to the Holders not less than ten days prior to the Special Record Date. 13. Treatment of Registered Owner. The City and Bond Registrar may treat the person in whose name any Bond is registered as the owner of such Bond for the purpose of receiving payment of principal of and premium, if any, and interest (subject to the payment provisions in paragraph 12) on, such Bond and for all other purposes whatsoever whether or not such Bond shall be overdue, and neither the City nor the Bond Registrar shall be affected by notice to the contrary. 14. Delivery Application of Proceeds. The Bonds when so prepared and executed shall be delivered by the City Clerk to the Purchaser upon receipt of the purchase price, and the Purchaser shall not be obliged to see to the proper application thereof. 15. Fund and Accounts. There is hereby established a special fund to be designated "General Obligation Bonds, Series 2009A Fund" (the "Fund ") to be administered and maintained © by the City 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 2305226v1 16 Q specified until all of the Bonds and the interest thereon have been fully paid. The Operation and Maintenance Account heretofore established by the City shall continue to be maintained in the manner heretofore provided by the City. All moneys remaining after paying or providing for the items set forth in the resolution establishing the Operation and Maintenance Account shall constitute or are referred to as "net revenues" until the System Improvements Portion of the Bonds and the Outstanding Bonds have been paid. There shall be maintained in the Fund the following separate accounts to which shall be credited and debited all income and disbursements of the System as hereinafter set forth. The City Clerk and all officials and employees concerned therewith shall establish and maintain financial records of the receipts and disbursements of the System in accordance with this resolution. In such records there shall be established accounts or accounts shall continue to be maintained as the case may be, of the Fund for the purposes and in the amounts as follows: (a) Escrow Account. The Escrow Account shall be maintained as an escrow account with U.S. Bank National Association (the "Escrow Agent "), in St. Paul, Minnesota, which is a suitable financial institution within or without the State. $ in proceeds of the sale of the Refunding Portion of the Bonds shall be received by the Escrow Agent and applied to fund the Escrow Account or to pay costs of issuing the Refunding Portion of the Bonds. Proceeds of the Refunding Portion of the Bonds, less proceeds used to pay costs of issuance and any Refunding Portion of the Bonds proceeds returned to the City, are hereby irrevocably pledged and appropriated to the Escrow Account, together with all investment earnings thereon. The Escrow Account shall be invested in securities maturing or callable at the option of the holder on © such dates and bearing interest at such rates as shall be required to provide sufficient funds, together with any cash or other funds retained in the Escrow Account, (i) to pay when due the interest to accrue on the Refunding Portion of the Bonds to and including the Crossover Date; and (ii) to pay when called for redemption on the Crossover Date, the principal amount of the Refunded Bonds. The Escrow Account shall be irrevocably appropriated to the payment of (i) all interest on the Refunding Portion of the Bonds to and including the Crossover Date, and (ii) the principal of the Refunded Bonds due by reason of their call for redemption on the Crossover Date. The moneys in the Escrow Account shall be used solely for the purposes herein set forth and for no other purpose, except that any surplus in the Escrow Account may be remitted to the City, all in accordance with the Escrow Agreement, by and between the City and Escrow Agent (the "Escrow Agreement "), a form of which is on file in the office of the City Clerk. Any moneys remitted to the City pursuant to the Escrow Agreement shall be deposited in the Debt Service Account. (b) Construction Account. To the Construction Account there shall be credited the proceeds of the sale of the Equipment Portion of the Bonds and the System Improvement Portion of the Bonds. From the Construction Account there shall be paid all costs and expenses of acquiring the Equipment and making the System Improvements, including the cost of any construction or other binding contracts heretofore let and all other costs incurred and to be incurred of the kind authorized in Minnesota Statutes, Section 475.65. Moneys in the Construction Account shall be used for no other purpose except as otherwise provided by law; provided that the proceeds of the Equipment Portion of the Bonds and the System Improvement Portion of the Bonds may also be used to the extent necessary to pay interest on the Equipment Portion of the Bonds and the System Improvement Portion of the Bonds due prior to the anticipated date of commencement of the collection of taxes or net revenues herein levied or 2305226v1 17 © covenanted to be levied; and provided further that if upon completion of the acquisition of the Equipment and the construction of the System Improvements there shall remain any unexpended balance in the Construction Account, the balance shall be transferred to the Debt Service Account. (c) Debt Service Account. There shall be maintained separate subaccounts in the Debt Service Account to be designated the "Equipment Debt Service Subaccount ", the "System Improvements Project Debt Service Subaccount" and the "State -Aid Street Debt Service Subaccount." There are hereby irrevocably appropriated and pledged to, and there shall be credited to the separate subaccounts of the Debt Service Account: (i) Equipment Debt Service Subaccount. To the Equipment Debt Service Subaccount there shall be credited: (A) collections of all taxes herein or hereinafter levied for the payment of the Equipment Portion of the Bonds and interest thereon; (B) a pro rata share of all funds remaining in the Construction Account after the Equipment has been acquired; (C) all investment earnings on funds held in the Equipment Debt Service Subaccount; and (D) any and all other moneys which are properly available and are appropriated by the governing body of the City to the Equipment Debt Service Subaccount. The Equipment Debt Service Subaccount shall be used solely to pay the principal and interest and any premium for redemption of the Equipment Portion of the Bonds and any other general obligation bonds of the City hereafter issued by the City and made payable from said subaccount as provided by law. (ii) System Improvements Project Debt Service Subaccount. To the System Improvements Project Debt Service Subaccount there shall be credited: (A) the net revenues of the System not otherwise pledged and applied to the payment of other obligations of the City, in an amount, together with other funds which may herein or hereafter from time to time be irrevocably appropriated to the System Improvements Project Debt Service Subaccount, sufficient to meet the requirements of Minnesota Statutes, Section 475.61 for the payment of the principal and interest of the System Improvements Portion of the Bonds; (B) any collections of all taxes which may hereafter be levied in the event that the net revenues of the System and other funds herein pledged to the payment of the principal and interest on the System Improvements Portion of the Bonds are insufficient therefore; (C) a pro rata share of all funds remaining in the Construction Account after completion of the System Improvements and payment of the costs thereof; (D) all investment earnings on funds held in the System Improvements Project Debt Service Subaccount; and (E) any and all other moneys which are properly available and are appropriated by the governing body of the City to the System Improvements Project Debt Service Subaccount. The System Improvements Project Debt Service Subaccount shall be used solely to pay the principal and interest and any premium for redemption of the System Improvements Portion of the Bonds and any other general obligation bonds of the City hereafter issued by the City and made payable from said Subaccount as provided by law. 2305226v1 18 (iii) State -Aid Street Debt Service Subaccount. To the State -Aid Street Debt Service Subaccount there shall be credited an amount of moneys allotted or to be allotted to the City from its account in the Municipal State -Aid Street Fund sufficient to pay the principal of and interest on the Refunding Portion of the Bonds. Upon receipt from the Commissioner of Finance of the annual amount of money needed for payment of principal and interest due each year, the allotment shall be deposited in the State -Aid Street Debt Service Subaccount. There are also hereby irrevocably appropriated and pledged to, and there shall be credited to, the State - Aid Street Debt Service Subaccount: (A) collections of all taxes herein or hereinafter levied for the payment of the Refunding Portion of the Bonds and interest thereon; (B) all investment earnings on funds held in the State -Aid Street Debt Service Subaccount; (C) any funds remaining after the Crossover Date in the Debt Service Account established by the Prior Resolution; and (D) any and all other moneys which are properly available and are appropriated by the governing body of the City to the State -Aid Street Debt Service Subaccount. The State -Aid Street Debt Service Subaccount shall be used solely to pay the principal and interest and any premium for redemption of the Refunding Portion of the Bonds and any other general obligation bonds of the City hereafter issued by the City and made payable from said subaccount as provided by law. No portion of the proceeds of the Bonds shall be used directly or indirectly to acquire higher yielding investments or to replace funds which were used directly or indirectly to acquire higher yielding investments, except (1) for a reasonable temporary period until such proceeds are needed for the purpose for which the Bonds were issued and (2) in addition to the above in an amount not greater than the lesser of five percent of the proceeds of the Bonds or $100,000. To this effect, any proceeds of the Bonds and any sums from time to time held in the Construction Account, Operation and Maintenance Account or Debt Service Account (or any other City account which will be used to pay principal or interest to become due on the bonds payable therefrom) in excess of amounts which under then applicable federal arbitrage regulations may be invested without regard to yield shall not be invested at a yield in excess of the applicable yield restrictions imposed by said arbitrage regulations on such investments after taking into account any applicable "temporary periods" or "minor portion" made available under the federal arbitrage regulations. Money in the Fund shall not be invested in obligations or deposits issued by, guaranteed by or insured by the United States or any agency or instrumentality thereof if and to the extent that such investment would cause the Bonds to be "federally guaranteed" within the meaning of Section 149(b) of the Internal Revenue Code of 1986, as amended (the "Code "). 16. Covenants Relating, to the Equipment Portion of the Bonds. To provide moneys for payment of the principal and interest on the Equipment Portion of the Bonds there is hereby levied upon all of the taxable property in the City a direct annual ad valorem tax which shall be spread upon the tax rolls and collected with and as part of other general property taxes in the City for the years and in the amounts as follows: Years of Tax Levy Years of Tax Collection Amount 2009 -2010 2010 -2011 $ 2305226v1 19 © The tax levies are such that if collected in full they will produce at least five percent in excess of the amount needed to meet when due the principal and interest payments on the Equipment Portion of the Bonds. The tax levies shall be irrepealable so long as any of the Equipment Portion of the Bonds are outstanding and unpaid, provided that the City reserves the right and power to reduce the levies in the manner and to the extent permitted by Minnesota Statutes, Section 475.61, Subdivision 3. 17. Covenants Relating to the System Improvements Portion of the Bonds. (a) Sufficiency of Net Revenues. It is hereby found, determined and declared that the net revenues of the System are sufficient in amount to pay when due the principal of and interest on the System Improvements Portion of the Bonds and the Outstanding Bonds and a sum at least five percent in excess thereof, and the net revenues of the System are hereby pledged on a parity lien with the Outstanding Bonds for the payment of the System Improvements Portion of the Bonds and shall be applied for that purpose, but solely to the extent required to meet the principal and interest requirements of the System Improvements Portion of the Bonds as the same become due. Nothing contained herein shall be deemed to preclude the City from making further pledges and appropriations of the net revenues of the System for the payment of other or additional obligations of the City, provided that it has first been determined by the City Council that the estimated net revenues of the System will be sufficient in addition to all other sources, for the payment of the System Improvements Portion of the Bonds and such additional obligations and any such pledge and appropriation of the net revenues may be made superior or subordinate to, or on a parity with the pledge and appropriation herein. (b) Excess Net Revenues. Net revenues in excess of those required for the foregoing may be used for any proper purpose. (c) Covenant to Maintain Rates and Charges. In accordance with Minnesota Statutes, Section 444.075, the City hereby covenants and agrees with the Holders of the Bonds that it will impose and collect charges for the service, use, availability and connection to the System at the times and in the amounts required to produce net revenues adequate to pay all principal and interest when due on the System Improvements Portion of the Bonds and the Outstanding Bonds. Minnesota Statutes, Section 444.075, Subdivision 2, provides as follows: "Real estate tax revenues should be used only, and then on a temporary basis, to pay general or special obligations when the other revenues are insufficient to meet the obligations." (d) General Obligation Pledge. For the prompt and full payment of the principal and interest on the System Improvements Portion of the Bonds, as the same respectively become due, the full faith, credit and taxing powers of the City shall be and are hereby irrevocably pledged. If the net revenues of the System appropriated and pledged to the payment of principal and interest on the System Improvements Portion of the Bonds, together with other funds irrevocably appropriated to the System Improvements Project Debt Service Subaccount herein established, shall at any time be insufficient to pay such principal and interest when due, the City covenants and agrees to levy, without limitation as to rate or amount an ad valorem tax upon all taxable property in the City sufficient to pay such principal and interest as it becomes due. © 18. Covenants Relating to the Refunding Portion of the Bonds. 2305226v1 20 ® The tax levies are such that if collected in full they will produce at least five percent in excess of the amount needed to meet when due the principal and interest payments on the Equipment Portion of the Bonds. The tax levies shall be irrepealable so long as any of the Equipment Portion of the Bonds are outstanding and unpaid, provided that the City reserves the right and power to reduce the levies in the manner and to the extent permitted by Minnesota Statutes, Section 475.61, Subdivision 3. 17. Covenants Relating to the System Improvements Portion of the Bonds. (a) Sufficiency of Net Revenues. It is hereby found, determined and declared that the net revenues of the System are sufficient in amount to pay when due the principal of and interest on the System Improvements Portion of the Bonds and the Outstanding Bonds and a sum at least five percent in excess thereof, and the net revenues of the System are hereby pledged on a parity lien with the Outstanding Bonds for the payment of the System Improvements Portion of the Bonds and shall be applied for that purpose, but solely to the extent required to meet the principal and interest requirements of the System Improvements Portion of the Bonds as the same become due. Nothing contained herein shall be deemed to preclude the City from making further pledges and appropriations of the net revenues of the System for the payment of other or additional obligations of the City, provided that it has first been determined by the City Council that the estimated net revenues of the System will be sufficient in addition to all other sources, for the payment of the System Improvements Portion of the Bonds and such additional obligations and any such pledge and appropriation of the net revenues may be made superior or subordinate to, or on a parity with the pledge and appropriation herein. (b) Excess Net Revenues. Net revenues in excess of those required for the foregoing may be used for any proper purpose. (c) Covenant to Maintain Rates and Charges. In accordance with Minnesota Statutes, Section 444.075, the City hereby covenants and agrees with the Holders of the Bonds that it will impose and collect charges for the service, use, availability and connection to the System at the times and in the amounts required to produce net revenues adequate to pay all principal and interest when due on the System Improvements Portion of the Bonds and the Outstanding Bonds. Minnesota Statutes, Section 444.075, Subdivision 2, provides as follows: "Real estate tax revenues should be used only, and then on a temporary basis, to pay general or special obligations when the other revenues are insufficient to meet the obligations." (d) General Obligation Pledge. For the prompt and full payment of the principal and interest on the System Improvements Portion of the Bonds, as the same respectively become due, the full faith, credit and taxing powers of the City shall be and are hereby irrevocably pledged. If the net revenues of the System appropriated and pledged to the payment of principal and interest on the System Improvements Portion of the Bonds, together with other funds irrevocably appropriated to the System Improvements Project Debt Service Subaccount herein established, shall at any time be insufficient to pay such principal and interest when due, the City covenants and agrees to levy, without limitation as to rate or amount an ad valorem tax upon all taxable property in the City sufficient to pay such principal and interest as it becomes due. ® 18. Covenants Relating to the Refunding Portion of the Bonds. 2305226v1 20 EAR (a) Certification to Commissioner. Upon the sale of the Bonds an officer of the City shall promptly certify to the Commissioner of Transportation, State of Minnesota, the amount of money required annually for the payment of principal and interest on the Refunding Portion of the Bonds, all in accordance with Minnesota Statutes, Section 162.18. (b) Expenditure Consistent with Minnesota Statutes Chapter 162. Proceeds of the Refunding Portion of the Bonds shall be spent only in accordance with the provisions of law and the rules and regulations of the Commissioner of Transportation relating to the establishment, location, relocation, construction, reconstruction and/or improvement of municipal State -Aid streets within the City. The City has been complying, and shall continue to comply with the requirements of Minnesota Statutes, Chapter 162 with respect to the Prior Bonds and the Refunding Portion of the Bonds. (c) 105% Debt Service Coverage. It is hereby determined and reasonably anticipated that the estimated collections of the sums pledged to the Debt Service Account will produce at least five percent in excess of the amount needed to meet, when due, the principal of and interest on the Refunding Portion of the Bonds. (d) General Obligation Pledge. For the prompt and full payment of the principal and interest on the Refunding Portion of the Bonds, as the same respectively become due, the full faith, credit and taxing powers of the City shall be and are hereby irrevocably pledged. If the balance in the State -Aid Street Debt Service Subaccount is ever insufficient to pay all principal and interest then due on the Refunding Portion of the Bonds and any other bonds payable therefrom, the deficiency shall be promptly paid out of any other funds of the City which are available for such purpose, and such other funds may be reimbursed with or without interest from the State -Aid Street Debt Service Subaccount when a sufficient balance is available therein. 19. Continuing Disclosure. The City is the sole obligated person with respect to the Bonds. The City hereby agrees, in accordance with the provisions of Rule 15c2 -12 (the "Rule "), promulgated by the Securities and Exchange Commission (the "Commission ") pursuant to the Securities Exchange Act of 1934, as amended, and a Continuing Disclosure Undertaking (the "Undertaking ") hereinafter described: (a) to provide or cause to be provided to each nationally recognized municipal securities information repository ( "NRMSIR ") and to the appropriate state information depository ( "SID "), if any, for the State of Minnesota, through and including June 30, 2009, and thereafter to the Electronic Municipal Market Access system at www.emma.msrb.org ( "Emma "), in each case as designated by the Commission in accordance with the Rule, certain annual financial information and operating data in accordance with the Undertaking. The City reserves the right to modify from time to time the terms of the Undertaking as provided therein; and (b) to provide or cause to be provided, in a timely manner, (i) through and including June 30, 2009 to each NRMSIR or to the Municipal Securities Rulemaking Board ( "MSRB ") and any SID, and (ii) thereafter to EMMA, notice of the occurrence of certain material events with respect to the Bonds in accordance with the Undertaking; 2305226v1 2 1 © (c) to provide or cause to be provided, in a timely manner, (i) through and including June 30, 2009 to each NRMSIR or to the MSRB and any SID, and (ii) thereafter to EMMA, notice of a failure by the City to provide the annual financial information with respect to the City described in the Undertaking; and (d) the City agrees that its covenants pursuant to the Rule set forth in this paragraph and in the Undertaking is intended to be for the benefit of the Holders of the Bonds and shall be enforceable on behalf of such Holders; provided that the right to enforce the provisions of these covenants shall be limited to a right to obtain specific enforcement of the City's obligations under the covenants The Mayor and City Clerk, or any other officer of the City authorized to act in their place (the "Officers ") are hereby authorized and directed to execute on behalf of the City the Undertaking in substantially the form presented to the City Council subject to such modifications thereof or additions thereto as are (i) consistent with the requirements under the Rule, (ii) required by the Purchaser of the Bonds, and (iii) acceptable to the Mayor and City Clerk. 20. Defeasance. When all Bonds have been discharged as provided in this paragraph, all pledges, covenants and other rights granted by this resolution to the registered holders of the Bonds shall, to the extent permitted by law, cease. The City may discharge its obligations with respect to any Bonds which are due on any date by irrevocably depositing with the Bond Registrar on or before that date a sum sufficient for the payment thereof in full; or if any Bond Q should not be paid when due, it may nevertheless be discharged by depositing with the Bond Registrar a sum sufficient for the payment thereof in full with interest accrued to the date of such deposit. The City may also discharge its obligations with respect to any prepayable Bonds called for redemption on any date when they are prepayable according to their terms, by depositing with the Bond Registrar on or before that date a sum sufficient for the payment thereof in full, provided that notice of redemption thereof has been duly given. The City may also at any time discharge its obligations with respect to any Bonds, subject to the provisions of law now or hereafter authorizing and regulating such action, by depositing irrevocably in escrow, with a suitable banking institution qualified by law as an escrow agent for this purpose, cash or securities described in Minnesota Statutes, Section 475.67, Subdivision 8, bearing interest payable at such times and at such rates and maturing on such dates as shall be required, without regard to sale and/or reinvestment, to pay all amounts to become due thereon to maturity or, if notice of redemption as herein required has been duly provided for, to such earlier redemption date. E40 21. Compliance With Reimbursement Bond Regulations. The provisions of this paragraph are intended to establish and provide for the City's compliance with United States Treasury Regulations Section 1.150 -2 (the "Reimbursement Regulations ") applicable to the "reimbursement proceeds" of the Bonds, being those portions thereof which will be used by the City to reimburse itself for any expenditure which the City paid or will have paid prior to the Closing Date (a "Reimbursement Expenditure "). The City hereby certifies and/or covenants as follows: 2305226v1 22 © (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 itself for the payment of the Reimbursement Expenditure out of the proceeds of a subsequent borrowing; (ii) gives a general and functional description of the property, project or program to which the Declaration relates and for which the Reimbursement Expenditure is paid, or identifies a specific fund or account of the City and the general functional purpose thereof from which the Reimbursement Expenditure was to be paid (collectively the "Project "); and (iii) states the maximum principal amount of debt expected to be issued by the City for the purpose of financing the Project; provided, however, that no such Declaration shall necessarily have been made with respect to: (i) "preliminary expenditures" for the Project, defined in the Reimbursement Regulations to include engineering or architectural, surveying and soil testing expenses and similar prefatory costs, which in the aggregate do not exceed twenty percent of the "issue price" of the Bonds, 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 Bonds. (b) Each Reimbursement Expenditure is a capital expenditure or a cost of issuance of the Bonds or any of the other types of expenditures described in Section 1.150- 2(d)(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 Bonds and in all events within the period ending on the date which is the later of three years after payment of the Reimbursement Expenditure or one year after the date on which the Project to which the Reimbursement Expenditure relates is first placed in service. (d) Each such reimbursement allocation will be made in a writing that evidences the City's use of Bond proceeds to reimburse the Reimbursement Expenditure and, if made within 30 days after the Bonds are issued, shall be treated as made on the day the Bonds are issued. Provided, however, that the City may take action contrary to any of the foregoing covenants in this paragraph upon receipt of an opinion of its Bond Counsel for the Bonds stating in effect that such action will not impair the tax - exempt status of the Bonds. 22. General Oblijzation Pledge. For the prompt and full payment of the principal and interest on the Bonds, as the same respectively become due, the full faith, credit and taxing powers of the City shall be and are hereby irrevocably pledged. If the balance in the Debt Service Account is ever insufficient to pay all principal and interest then due on the Bonds and any other bonds payable therefrom, the deficiency shall be promptly paid out of any other funds of the City which are available for such purpose, and such other funds may be reimbursed with or without interest from the Debt Service Account when a sufficient balance is available therein. 23. Certificate of Registration. The City Clerk is hereby directed to file a certified copy of this resolution with the County Auditor of Anoka County, Minnesota, together with such © other information as the Auditor shall require, and to obtain the County Auditor's certificate that 2305226v1 23 © the Bonds have been entered in the County Auditor's Bond Register and the tax levy required by law has been made. 24. Records and Certificates. The officers of the City are hereby authorized and directed to prepare and furnish to the Purchaser, and to the attorneys approving the legality of the issuance of the Bonds, certified copies of all proceedings and records of the City relating to the Bonds and to the financial condition and affairs of the City, and such other affidavits, certificates and information as are required to show the facts relating to the legality and marketability of the Bonds as the same appear from the books and records under their custody and control or as otherwise known to them, and all such certified copies, certificates and affidavits, including any heretofore furnished, shall be deemed representations of the City as to the facts recited therein. 25. Negative Covenant as to Use of Bond Proceeds and Project. The City hereby covenants not to use the proceeds of the Bonds or to use the Project, or to cause or permit them to be used, or to enter into any deferred payment arrangements for the cost of the Project, in such a manner as to cause the Bonds to be "private activity bonds" within the meaning of Sections 103 and 141 through 150 of the Code. 26. Tax - Exempt Status of the Bonds; Rebate — Refunding Portion of the Bonds; Equipment Portion of the Bonds and System Improvements Portion of the Bonds. With respect to the Refunding Portion of the Bonds, the City is subject to the rebate requirement imposed by Section 148(f) of the Code because the Refunded Bonds did not qualify for the small issuer exemption from rebate, as provided in Section 148(f)(4)(D) of the Code and Section 1.148 -8 of Qthe Regulations. With respect to the Equipment Portion of the Bonds and the System Improvements Portion of the Bonds, 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 Equipment Portion of the Bonds and the System Improvements Portion of the Bonds, including without limitation (a) requirements relating to temporary periods for investments, (b) limitations on amounts invested at a yield greater than the yield on the Bonds, and (c) the rebate of excess investment earnings to the United States if the Bonds (together with other obligations reasonably expected to be issued and outstanding at one time in this calendar year) exceed the small issuer exception amount of $5,000,000. With respect to the Equipment Portion of the Bonds and the System Improvements Portion of the Bonds, for purposes of qualifying for the small issuer 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 (a) the Equipment Portion of the Bonds and the System Improvements Portion of the Bonds are issued by a governmental unit with general taxing powers; (b) no Equipment Portion of the Bond and the System Improvements Portion of the Bond is a private activity bond; (c) ninety five percent or more of the net proceeds of the Equipment Portion of the Bonds and the System Improvements Portion of the Bonds are to be used for local governmental activities of the City (or of a governmental unit the jurisdiction of which is entirely within the jurisdiction of the City); and (d) the aggregate face amount of all tax exempt bonds (other than private activity bonds) issued by the City (and all entities subordinate to, or treated as one issuer with the City) during the calendar year in which the Bonds are issued 2305226v1 24 X and outstanding at one time is not reasonably expected to exceed $5,000,000, all within the meaning of Section 148(f)(4)(D) of the Code. 27. Designation of Qualified Tax - Exempt Obligations. In order to qualify the Bonds as "qualified tax- exempt obligations" within the meaning of Section 265(b)(3) of the Code, the City hereby makes the following factual statements and representations: (a) the Bonds are issued after August 7, 1986; (b) the Bonds are not "private activity bonds" as defined in Section 141 of the Code; (c) the City hereby designates the Bonds as "qualified tax - exempt obligations" for purposes of Section 265(b)(3) of the Code; (d) the reasonably anticipated amount of tax- exempt obligations (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 2009 will not exceed $10,000,000; (e) not more than $10,000,000 of obligations issued by the City during this calendar year 2009 have been designated for purposes of Section 265(b)(3) of the Code; (f) the aggregate face amount of the Bonds does not exceed $10,000,000. The City shall use its best efforts to comply with any federal procedural requirements which may apply in order to effectuate the designation made by this paragraph. 28. Severability. If any section, paragraph or provision of this resolution shall be held to be invalid or unenforceable for any reason, the invalidity or unenforceability of such section, paragraph or provision shall not affect any of the remaining provisions of this resolution 29. Headings. Headings in this resolution are included for convenience of reference only and are not a part hereof, and shall not limit or define the meaning of any provision hereof. The motion for the adoption of the foregoing resolution was duly seconded by member and, after a full discussion thereof and upon a vote being taken thereon, the following voted in favor thereof: and the following voted against the same: Whereupon the resolution was declared duly passed and adopted. 2305226v1 25 Q STATE OF MINNESOTA COUNTY OF ANOKA CITY OF ANDOVER X I, the undersigned, being the duly qualified and acting City Clerk of the City of Andover, Minnesota, DO HEREBY CERTIFY that I have compared the attached and foregoing extract of minutes with the original 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 authorizing the issuance and awarding the sale of $2,380,000 General Obligation Bonds, Series 2009A. WITNESS my hand on March 3, 2009. City Clerk 2305226v1 26 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.CI.ANDOVER.MN.US TO: Mayor and Council Members CC: Jim Dickinson, City Administrator David D. Berkowitz, Director of Public orks /City Enginee FROM: Jason J. Law, Assistant City Engineer SUBJECT: Hold Public Hearing/Order Plans and Specifications /08- 37/157th Avenue Reconstruction (MSAS 102) — Engineering DATE: March 3, 2009 INTRODUCTION The City Council is requested to hold a public hearing at 7:00 PM for Project 08 -37, 157th Avenue Reconstruction (MSAS 102). Q DISCUSSION A feasibility report was previously prepared for this improvement project and was submitted to the City Council at the February 3, 2009 City Council meeting. Identified in the City's proposed 2009 -2013 Capital Improvement Plan is reconstruction of 157th Avenue NW from Crosstown Boulevard to University Avenue as shown on the attached map. The City of Ham Lake is also planning on reconstructing 157th Avenue from University Avenue to TH 65. Both of these projects are proposed to be bid together to achieve more competitive bid prices. The project would include reclaiming of the existing bituminous surface, replacement of deteriorated concrete curb and gutter, minor storm sewer improvements, and paving a new bituminous surface. An informational meeting was held with the residents fronting along 157th Avenue on January 201h to discuss the project and provide preliminary information. Attached are comments received at that meeting and a sign -in sheet. The total project cost is estimated at $564,090.00. The City's portion is estimated to be $443,850.00, while the assessed portion is estimated to be $120,240.00. i The estimated assessments range from $1,490 / parcel to $10,220 / parcel. The variation in ® assessment amounts is based upon whether the properties are considered urban or rural, and also based upon the total number of potentially sub dividable units on each parcel. Mayor and Council Members March 3, 2009 Page 2 of 2 Attached are the following: * Location Map * Letter to property owners regarding estimated assessment * Public Hearing Notice * Estimated assessment payment schedule * Sign in Sheet from Neighborhood Meeting * Comment sheets from residents from Neighborhood Informational Meeting * List of property owners proposed to be assessed Note: The feasibility report was in the February 3, 2009 packet. Please bring this to the meeting. BUDGETIMPACT The reconstruction project would be funded from the City's Road & Bridge Fund and 25% of the total project costs would be assessed to the benefiting properties in accordance with the City's Assessment Manual Policies and. Procedures Guide. As this is a Municipal State Aid route, the Road and Bridge Fund would be reimbursed for the project costs from the Municipal State Aid construction fund. ACTION REQUIRED The City Council is requested to approve the resolution ordering the improvement of Project 08- 37, 157th Avenue Reconstruction (MSAS 102) and to order preparation of final plans and specifications. Res ectfully submitted, i Jason J. Law Attachments: Resolution Ordering the Improvement Location map,, L Letter to property owners regarding estimated assessment, Public Hearing Notice, Estim�pd assessment payment schedule-,/Sign In Sheet from Neighborhood Meeting, Resident Comments, List of property owners' DO] © CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. MOTION by Councilmember to adopt the following: A RESOLUTION ORDERING THE IMPROVEMENT OF 157TH AVENUE RECONSTRUCTION (MSAS 102) , PROJECT NO. 08 -37 AND DIRECTING PREPARATION OF FINAL PLANS AND SPECIFICATIONS. WHEREAS, Resolution No. 008 -09 of the City Council adopted on the 3rd day of February , 2009, fixed a date for a public hearing; and WHEREAS, pursuant to the required published and mailed notice such hearing was held on the 3rd day of March , 2009; and WHEREAS, all persons desiring to be heard were given such opportunity for same; and © NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby order improvement Project No. 08 -37 . MOTION seconded by Councilmember and adopted by the City Council at a regular meeting this 3rd day of March , 2009, with Councilmembers voting in favor of X the resolution, and Councilmembers resolution was declared passed. ATTEST: Michelle Hartner — Deputy City Clerk voting against, whereupon said CITY OF ANDOVER Michael R. Gamache - Mayor Capital Improvement Plan Proj ct Nam : MUNICIPAL STATE AID ROUTES RECONSTRUCT 2009 Vii``. 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.CI.ANDOVER.MN.US February 10, 2009 13 32 24 44 0007 Franklin & Suzanne Peach 75 - 157th Avenue NW Andover, MN 55304 Re: 157th Avenue NW (MSAS 102) Reconstruction Public Hearing (C Pb8 Dear Andover Resident: A feasibility report has been prepared to determine the estimated costs associated with road improvements in your area as a portion of the 157th Avenue NW (MSAS 102) Reconstruction project between Crosstown Boulevard and University Avenue. An informational meeting was held on January 20, 2009 to discuss the project and receive feedback and comments. The proposed project consists of reclaiming the existing bituminous roadway, removing and Q replacing deteriorated concrete curb and gutter, replacing deteriorated storm sewer structures, and constructing a new bituminous surface. The total project cost is estimated at $564,090.00, 75% of which ($443,850.00) would be funded by the City and 25% of which ($120,240.00) would be assessed to the benefiting properties fronting along 157th Avenue NW. The properties that would be assessed for the improvement are depicted on the attached map. The project was divided into two sections for assessment purposes. The two sections are within the Metropolitan Service Area (MUSA) boundary and outside of the MUSA boundary. This boundary dictates the size of potential future lot splits (units) in this corridor. The estimated assessment to each property in the MUSA boundary is $1,490.00 per unit. The estimated assessment to each property outside of the MUSA boundary is $5,110.00 per unit. Your property has the potential for 1 unit for a total estimated assessment amount of $5,110.00. This cost could be assessed over an 8 -year period at 5.5% interest, or the assessment could. be paid in full with no interest within 30 days of the final assessment hearing, which would take place in the fall of 2009. Enclosed is a public hearing notice for the proposed project. If you have any questions, feel free to contact me at (763) 767 -5130. Sincerely, TY OF D VER OJason J. Law, P.E. Asst. City Engineer Encl. cc: Mayor & City Council File Ea 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 . (763) 755 -5100 FAX (763) 755 -8923 • WWW.CI.ANDOVER.MN.US CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA NOTICE OF HEARING ON IMPROVEMENTS PROJECT NO-.7901W " 157Th AVENUE NW (MSAS 102) RECONSTRUCTION NOTICE IS HEREBY GIVEN that the City of Andover, Anoka County, Minnesota will meet at the Andover City Hall, 1685 Crosstown Boulevard NW in the City of Andover, at the regularly scheduled City Council meeting on Tuesday, March 3, 2009 at 7:00 PM to © consider construction of the following improvements: 157th Avenue NW (MSAS 102) Reconstruction The properties to be assessed, pursuant to Minnesota Statutes Section 429, for the improvements are within the following described corridor: Those properties fronting along 157th Avenue NW between Crosstown Boulevard NW and University Avenue NW within the City of Andover. The estimated assessment rates are as follows: Within MUSA Boundary: Range between $1,490.00 and $4,470.00 Outside MUSA Boundary: Range between $5,110.00 and $10,220.00 Such persons desiring to be heard with reference to the proposed improvements will be heard at this meeting. CITY OF ANDOVER QJl s Mic elle Hartner — Deputy City Clerk Publication Dates: February 13 & 20, 2009 (Anoka Union) O Q' d' W O � 0 ® y Q N LL }Oa F U d Q U) h M co O a U_ c O 7 L W y c O CT d d 7 c Q t a+ h N T F- U W a w c a x O e 00 O O H t0 R T (f1 co H to EA ER Z JFL 1 00 c m m Q y m m R a L a d c o � c E z °o (Nn � J O It V) M eP O u' m I-- E9 ER M r 0 h ((DD O T h 00 O N EfT ER h O O O N M O T O r- co N ER ER � O O co O T O CO r O N EA ER W a) v o o Q c° � co N 69 E9 N � COO, M h 0) (D O 0 co N EFJ (» o m (°'D N O CD co N O T LO N M O N ER EFT U` m T u LO O T Ln N co O N EH EFT C(O O COO O T U N c00 N ER ER C d ~ CL c 0 �(D MM0000 M 00 h Cn M M (n O �0)d'h CO d7 st0 a0 N `cf N I� 0 CO 0) (!7 O V_ O r V h ti MNN� R R ER m R c N M t2 CO h CL o 0 0 0 0 0 0 Co N N N N N N N N C� J O a' a' LU 0d a W OLL Q la U 0) CL N A M co O a U_ c O a+ ci 7 N C O V d d 7 C Q t n LO T W a w o a .7 O e CO N O (O N T Q!) 6% ZF-Y w a00 JO y £ m v ¢ �aa � O � L C .Q Q E 3 Z oo(o J O T Q T (R 69 O N N N N M C N T N N EA Efl M OD N O T N M T N N O N v� (A M � N N o M M C N N N H3 ER 000 M N W V M T �--� N O N fR (H co O N N M r- LO N S N U) O N N i� Co M O N ffl fA h O N .- cM LO T (O 1- Cl) T T N O N (,9 (H N a) N O LO O co C N N (n (s .0-2 O aL M tM a(OOhMO r- 0 'T V' (n N m a 6 6 V V 4 4 N 6 d Mr-- OONO(OCON R m I - R c '� OTNM V t(y (Oh o O O O 0 O O O N N N N N N N N �A ORIN m U) 0 Cl) LO Z U') 0 w (1) > w 0 z Q Z Z C) w 0 z • • C, 0) 0? Z LO Q > w X 0 LL in z 3: 0 0 Q� C) LO 00 (D 7= CL do co CD a: v Q 0 ON NO C-4 Co r 0 4) > Lo 0 m 0. Z� E m Z DQ IX r6 JN- -IN VI CA, 1�11 ci 1�11 CITY OF NDOVE" COMMENT SHEET 157th Avenue Reconstruction (C.P. 08 -37) Tuesday, January 20, 2009 / 5:30 p.m. - 6:30 p.m. INFORMATIONAL MEETING 40 U QL Name: , All!) V 3-74 Address: `7 7-3 /S � �- VL �1/j Phone: 7tl, 3- 7FI - 9,�P3 J E -Mail: Comments: ��e� Se A44 /T T ' On% 0 42 e 0 f IVEK o &�, 4_0 7 EW HAEngineering \City Projects \Open City Projects \08 -37 157th Ave. NW (MSAS 102) Reconstruction \Word Documents \Correspondence \COMMENT SHEET.doc C I T Y 0 F NDOVE COMMENT SHEET 157th Avenue Reconstruction (C.P. 08 -37) Tuesday, January 20, 2009 / 5:30 p.m. - 6:30 p.m. INFORMATIONAL MEETING Name: F r Address: Phone: %(- 613 `� ' E -Mail: Comments: HAEngineering \City Projects \Open City Projects \08 -37 157th Ave. NW (MSAS 102) Reconstruction \Word Documents \Correspondance \COMMENT SHEET.doc CITY OF +^ �� Alft NDOVE C•7 COMMENT SHEET 157th Avenue Reconstruction (C.P. 08 -37) Tuesday, January 20, 2009 / 5:30 p.m. - 6:30 p.m. INFORMATIONAL MEETING Name: St'��Pc�� (' Address: ((,1 '7 1 �5 -7`1 A if -F iv cO Phone: rR', - 4341 ` IU3 7 E- Mail: e rlc� C o n°'\ Comments: H: \Engineering \City Projects \Open City Projects \08 -37 157th Ave. NW (MSAS 102) Reconstruction \Word Documents \Correspondance \COMMENT SHEET.doc x C NDOVEP0 —A.. COMMENT SHEET 157th Avenue Reconstruction (C.P. 08 -37) Tuesday, January 20, 2009 / 5:30 p.m. - 6:30 p.m. INFORMATIONAL MEETING Name: (2' Address: Phone: '26 _5° / _�q E -Mail: �) `70 3,- q3,5 - pl 1 I mork k"P-541-, H: \Engineering \City Projects \Open City Projects \08 -37 157th Ave. NW (MSAS 102) Reconstruction \Word Documents \Correspondance \COMMENT SHEET.doc Name: COMMENT SHEET 157th Avenue Reconstruction (C.P. 08 -37) Tuesday, January 20, 2009 / 5:30 p.m. - 6:30 p.m. INFORMATIONAL MEETING Address: Phone: 96 -601 E -Mail: /�r�Ovc�r�'�•�O �/ o�' a Cv�! Comments: 6I 1lE !AIF0 o/,/ 6Vr=21 4c:I(65 - ylG; fr¢R TT H: \Engineering \City Projects \Open City Projects \08 -37 157th Ave. NW (MSAS 102) Reconstruction \Word Documents \Correspondance \COMMENT SHEET.doc _ F r a -A., I COMMENT SHEET 157th Avenue Reconstruction (C.P. 08 -37) Tuesday, January 20, 2009 / 5:30 p.m. - 6:30 p.m. Name: Loxf- INFORMATIONAL MEETING Address: N w Phone: 1106-Q -y C�09(p E -Mail: Comments: sym1>w of ` 'L (41e, O� f Art V��' � 1 WAL (� !cC_ l t�� � Uj 1 Y1 dUj SLu�i2- lam- o-r' AG'af 77L . I,Je� nrn Lvice �f � �- I A ut ,ems panel, /I L. 11. LA, /2 dd--e-K �d f'i e V-w rt C e- ✓ e d- a,- Y`,? S 6-Y) � HAEngineering \City Projects \Open City Projects \08 -37 157th Ave. NW (MSAS 102) Reconstruction \Word Documents \Correspondance \COMMENT SHEET.doc A] -e-w p_±Z�L fir' IA n h / W D IAGVA �t6'4 ` - f'i e V-w rt C e- ✓ e d- a,- Y`,? S 6-Y) � HAEngineering \City Projects \Open City Projects \08 -37 157th Ave. NW (MSAS 102) Reconstruction \Word Documents \Correspondance \COMMENT SHEET.doc �4 W] a H w V) w U1 d XF M W O O V C .O Q O a 0 U V Proposed List of Assessed Properties Exhibit 4 n d E � Ay d O� M O, Ol a, M ON � O, O\ 10 O, 10 O+ 10 m Ol 10 N N �n �O N N W) �O In 10 �n 10 N N kn 10 N N eC O O C O M �p 0 O 0 O 0 O M �p c 0 0 c 0 0 c' 0 b 0 M �p CO O m M Cn O M m Cn O vi O O 0 M m O 0 m M W 69 OG 69 ^� 00 69 W 69 00 69 � 00 69 CO 69 o0 69 6q 69 o0 64 W 69� CO 69 N 69 l- 69 N 69 In 69 (4 69 ['S 6A N 69 [- 6A N 6H oW L d L d � E al V Q N > N Q O R L O O O O O O O O O 0 O O O O O O O 2 O O O O O O O O O O C O C O O O O O O O O O O O O O O O O O O O Cl O C> O O C q d d d R E ••• .-, •-, N N .• ,-+ -• N N -• - ,-• -� •-� 2 •-• N N -- 7 v V V V d' 7 V 7 N H h to In O vi N vi O to h to H Vi to O to VNi y .N y W Q N Q 69 69 69 69 69 69 69 64 69 6H 69 69 69 69 69 F4 69 69 69 69 69 69 69 69 69 .n H 'C 'r — - N -M - M - M L O � L R N R N � � t00 ❑ ttl tOC :D �D 7 O c> O v O v O Cr O rr O <i 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.CI.ANDOVER.MN.US TO: Mayor and Councilmembers CC: Jim Dickinson, City Administrator Will Neumeister, Community Development Director FROM: Courtney Bednarz, City Plann4 SUBJECT: Consider Conditional Use Permit/Automobile Service Station /13533 Jay Street NW — Planning DATE: March 3, 2009 INTRODUCTION The applicant is seeking to use the existing building on the site for repair and service of vehicles. City Code 12 -12 requires a conditional use permit for this use and City Code 12 -8 -7 provides performance standards for automobile service stations. The criteria for granting conditional use permits and the specific regulations for automobile service stations are attached for reference. DISCUSSION Background The applicant has provided the attached letters indicating that repair of buses took place on the site as a part of the former bus operation. That business existed prior to the current regulations for automobile service stations and has since moved from the site. The City Attorney determined that a new automobile service station would require a conditional use permit to comply with the current City Code. Details of Proposed Use The attached site drawing, photographs and letter from the applicant summarize the proposal. The existing building will be used to repair vehicles and provide associated office space. The applicant has indicated that vehicles in need of repair will not be stored outside. Tires will be stored in a container at a location to the northeast of the existing building as indicated on the attached drawing. The operation will utilize the west half of the lot and it is anticipated that buses will continue to be parked on the east half. Comparison of Proposal to City Code Setbacks The existing building complies with the Industrial Zoning District building setbacks. Parking Auto repair uses require a minimum of eight parking stalls and one additional stall for each 800 © square feet above the first 1,000 square feet of building area. The existing building is 9,500 square feet in size. Nineteen stalls are required. Sixteen stalls are shown on the attached site drawing. However, additional stalls and ample room exist on the site. A condition of approval has been added to require striping and maintenance of 19 parking stalls to meet the city's dimensional requirements (10 feet x 18 feet). =na; 0==== l 13533 .lay St. NW/PO Box 127, Anoka, MN 55303 BUS SALES, INC- Business: (763) 757 -7630 • Fax: (763) 757 -7632 TO WHOM IT MAY CONCERN: December 12, 2008 Grande American Bus Sales, Inc. occupied the buildings at 13533 Jay St. NW beginning the summer of 1985 until December 2004 when we sold to the business to North Central Bus Sales. During that time we sold and serviced busses and other vehicles. The property continued to be used for the same business purposes after we sold to North Central Bus Sales. We leased this property from Kottkes Bus Service, Inc. located at 13625 Jay St. NW, Andover, MN. Sincer , Peter C. Lar n Former owner /Retired Grande American Bus Sales, Inc. x -/0- n- ® Landscaping The table below summarizes the landscaping requirements provided by City Code 12 -13 -6. Typically credit can be given toward the minimum number of shrubs if additional trees are provided on a 1 tree to 5 shrub ratio. The site meets the minimum number of required plants with this credit. Screening Screening of the parking area is required to a minimum height of three feet as viewed from adjacent public streets. The west side is screened with a continuous row of existing shrubs. Screening is provided on the south side by an existing retaining wall. Hours .of operation This is an item that needs to be approved as part of the conditional use permit. The applicant has proposed to be open from 8:00 am to 6:00 pm Monday through Friday and by appointment only on Saturday. These hours and days have been included in the attached resolution. Exterior Storage This is another item that needs to be approved as part of the conditional use permit. A condition of approval has been added to limit exterior storage to tires contained entirely within one container at the location indicated on the site plan. Building and Fire Codes The applicant has had discussions with the Fire Department about the scope of services that will be provided and it has been determined that the types of light service that are proposed will not require fire suppression to be added to the existing building. However, fire suppression may be required in the future if the level of service increases to more substantial body work, painting, etc. The Fire Department has requested a letter outlining the level of service that will be provided on the site. A condition of approval has been added to the attached resolution to require this letter. Any interior modifications to the building are required to meet fire and building code requirements. Any expansion of the building would also require an amendment to the conditional use permit. Planning Commission Recommendation The Planning Commission recommended approval of the proposed conditional use permit Q subject to the conditions listed in the attached resolution with a 5 -0 vote. Chairman Daninger recused himself from the discussion. ACTION REQUESTED The Council is asked to approve or deny the proposed conditional use permit. —4– Trees Shrubs Site 950 1 per 1 per perimeter feet 50 feet 19 20 feet 48 Building 480 NA NA 1 per 48 perimeter feet 10 feet Total 19 30 96 54 Trees existing 1 1 Shrubs I existing Screening Screening of the parking area is required to a minimum height of three feet as viewed from adjacent public streets. The west side is screened with a continuous row of existing shrubs. Screening is provided on the south side by an existing retaining wall. Hours .of operation This is an item that needs to be approved as part of the conditional use permit. The applicant has proposed to be open from 8:00 am to 6:00 pm Monday through Friday and by appointment only on Saturday. These hours and days have been included in the attached resolution. Exterior Storage This is another item that needs to be approved as part of the conditional use permit. A condition of approval has been added to limit exterior storage to tires contained entirely within one container at the location indicated on the site plan. Building and Fire Codes The applicant has had discussions with the Fire Department about the scope of services that will be provided and it has been determined that the types of light service that are proposed will not require fire suppression to be added to the existing building. However, fire suppression may be required in the future if the level of service increases to more substantial body work, painting, etc. The Fire Department has requested a letter outlining the level of service that will be provided on the site. A condition of approval has been added to the attached resolution to require this letter. Any interior modifications to the building are required to meet fire and building code requirements. Any expansion of the building would also require an amendment to the conditional use permit. Planning Commission Recommendation The Planning Commission recommended approval of the proposed conditional use permit Q subject to the conditions listed in the attached resolution with a 5 -0 vote. Chairman Daninger recused himself from the discussion. ACTION REQUESTED The Council is asked to approve or deny the proposed conditional use permit. —4– Attachments ® Resolution Location Map Site Drawing Site Photographs Applicant's Letters (3) City Code References Planning Commission Minutes x TIA • fir, - ; -• Cc: Charles Peterson, Kottke Bus Company 4F s, iz f � k � ex 3xya r r r� xV Kos �( �y� �' °ate ;4��'. � �`� Rin' "•�'� —j'v�- ? � r'� b.�" k 9 y � .'u^.��1�'�a rte„ � y .. ... �,..' v. .,. ylf t 1 •- $ �s «tai j' PH 7:4 FAi CR MF WA "� x � �' t�„u r� �, �"�•�'e �'` � i F' � e `�y s2^`.,�r Vin. "' . _ .. - @ d r x'tT 3 E 4 �d -PR a. �gh vNiL fi` z K t � F � '` .'r'. fl � `'• fix. � _ 3 s q Vp i ypq ��. R F Of tip Tt� � c H Site Photographs NW Corner Entrance C -] �Iwl Elm Site Photographs (Page 2) SW Corner Front —f -- © Charles M. Peterson 13633 Jay Street Northwest Andover, MN 55304 February 10, 2009 City of Andover 1685 Crosstown Boulevard NW Andover, MN 55304 Subject: Conditional Use Permit, Watts Garden Acres W 11/2 of Wt 13 Watts Garden Acres Dear Council Members: You will recall that you and I have discussed on several occasions that the property to be considered Kottkes Services has not changed in the type of services rendered our initial purchase in 1982. The property has previously been one that has done sales and service on vehicles and had parked/stored vehicles on the east end of the property. A conditional use permit is requested to operate automobile light maintenance and retail tire outlet. I believe we have complied with additional requirements and have not changed the property. 1. The site drawing shows the customer and employee parking stalls required by City Code 12 -13 -9, and also the 10' setback along the east property line. 2. Screening of the property is as follows: a. chain link fencing around entire property b. retaining walls of keystone block on east and south side of property c. trees and shrubs landscaping the area outside the fencing on the east and south sides of the property. 3. In an effort to alleviate noise issues for the neighboring homes, our hours of operation will be: a. Monday — Friday 8:OOAM — 6:00 PM b. Saturdays by appointment only c. Sunday Closed We are very excited to get this business up and running by working closely with the City of Andover and the recommendations provided. We feel that the products offered and the services we can provide will be a convenient and affordable alternative to the local residents and the employees of area business. Sincerely, © Charles M. Peterson, Owner ENreq� December 10, 2008 To Whom It May Concern: North Central Bus Sales occupied the buildings at 13533 Jay Street from December 17'', 2004 until December of 2006. We used the building for a variety of activities in the operation of our business. It was our Bus Sales and Administration Headquarters. ® In addition, it was our primary facility for all types of vehicle maintenance. This included a wide variety of services. The services provided included: oil changes, brake work, tire changes, light body repairs, engine repairs, plus other vehicle related services. Don Schiffler North Central Bus Sales oft CLOUD OFFICE • 2629 CLEARWATER ROAD METRO OFFICE- 732 30th AVENUE SE P.O. BOX 1084 MINNEAPOLIS, MN 55414 ST. CLOUD, MN 56302 PHONE: (612) 238 -0400 PHONE: (320) 251 -7252 TOLL FREE: (877) 485 -9575 TOLL FREE: (877) 485 -9595 FAX: (612) 331 -1387 FAX: (320) 252 -3561 City Code References 12 -14 -6: CONDITIONAL USES: B. Criteria For Granting Conditional Use Permits: 1. In granting a Conditional Use Permit, the City Council shall consider the advice and recommendation of the Planning and Zoning Commission and: a. The effect of the proposed use upon the health, safety, morals and general welfare of occupants of surrounding lands. b. Existing and anticipated traffic conditions, including parking facilities on adjacent streets and land. c. The effect on values of property and scenic views in the surrounding area, and the effect of the proposed use on the Comprehensive Plan. 12 -8 -7: AUTOMOBILE SERVICE STATION The regulation of automobile service stations strives to achieve compatibility of these stations with adjacent and abutting land uses. In addition, such regulation ® is intended to protect the public health, safety and general welfare by mitigating and potentially detrimental aspects of automobile service stations, including potential traffic hazards, noise, light glare at night, outdoor storage of merchandise, indiscriminate advertising, environmental health hazards, and the like. Automobile service stations shall be subject to the following: A. All new buildings, the site, tanks, piping and dispensing stations, shall comply with the current provisions of the International Building Code, Minnesota State Fire Code, and all provisions related to underground liquid storage systems required in Section 12 -8 -7 of this code. B. Building permits shall not be issued for new construction or remodeling of facilities unless Fire Department approval has been received. C. Hours of operation will be approved by the City Council. D. The site plan shall show parking areas for customers, employees, service vehicles and those needing repair and no other areas of the site will be allowed vehicle parking. No vehicle shall be parked awaiting service longer than ten (10) days. Inoperable vehicles are regulated per section 6 -5 of City Code. E. Pump islands are subject to setback requirements. ® F. Exterior storage and sales shall only be allowed as approved through the Conditional Use Permit. (Amended Ord. 314,10-4-2005) -74— Regular Andover Planning and Zoning Commission Meeting Minutes —February 24, 2009 Page 5 PUBLIC HEARING: CONDITIONAL USE PERMIT (09 -02) TO ALLOWAN AUTOMOBILE SERVICE STATIONAT 13533 JAYSTREET NW. Chair Daninger stepped down from the meeting because of conflict of interest. Mr. Bednarz stated the applicant is seeking to use the existing building on the site for repair and service of vehicles. City Code 12 -12 requires a conditional use permit for this use and City Code 12 -8 -7 provides performance standards for automobile service stations. Mr. Bednarz discussed the staff report with the Commission Motion by Falk, seconded by Walton, to open the public hearing. Motion carried on a 5- ayes, 0 -nays, 1- absent (Kirchoff) vote. There was no public input. Motion by Walton, seconded by Falk, to close the public hearing. Motion carried on a 5- ayes, 0 -nays, 1- absent (Kirchoff) vote. © Commissioner Falk asked if this will have a water separator and waste oil tank ready to be used. Mr. Rick Leah, Kottke Bus Service, explained they will have a bulk waste oil tank and then the oil will be burned in a waste oil furnace. Commissioner Cleveland asked what is currently being done in the building. Mr. Leah stated it is currently being used for light maintenance but they want to make it a separate retail center, a separate entity from the bus company. Vice Chair Casey asked if the tires will be contained in a separate area or concealed. Mr. Leah stated used tires will be removed by their suppliers either once a week or once a month. They will be contained in a fenced in area. Commissioner Holthus stated the number of parking space need to be increased and she wondered if they will need to be paved similar to what is already there. Mr. Bednarz stated it is all paved and may need to restripe closer to the building. Commissioner Cleveland asked if they will need to cut in an entrance off Jay. Mr. Bednarz stated there is an entrance already existing. Commissioner Falk asked if there will need to be landscaping done to screen the business from the neighbors. Mr. Bednarz stated there is already adequate landscaping there and ® complies with City standards. Regular Andover Planning and Zoning Commission Meeting Minutes —February 24, 2009 Page 6 QMotion by Falk, seconded by Cleveland, to recommend approval Resolution No for Conditional Use Permit. Motion carried on a 5 -ayes, 0 -nays, 1- absent (Kirchoff) vote. Mr. Bednarz stated that this item would be before the Council at the March 3, 2009 City Council meeting. OTHER BUSINESS. Mr. Bednarz updated the Planning Commission on related items ADJOURNMENT. Motion by Casey, seconded by Falk, to adjourn the meeting at 7:45 p.m. Motion carried on a 6 -ayes, 0 -nays, 1- absent (Kirchoff) vote. Respectfully Submitted, L wl Sue Osbeck, Recording Secretary Timesaver Off Site Secretarial, Inc. MR TO: Mayor and Councilmembers CC: Jim Dickinson, City Administrator Will Neumeister, Community Development Director FROM: Courtney Bednarz, City Plann SUBJECT: Consider Conditional Use Permit/Telecommunications Antenna/Andover Station North - Planning DATE: March 3, 2009 INTRODUCTION Verizon Wireless has applied for a Conditional Use Permit to locate a cellular phone antenna in Andover Station North between the easterly and central ballfields. DISCUSSION The proposal is to remove and replace an existing light pole with one that will support the ballfield light, a cellular antenna array for Verizon Wireless and potentially one additional antenna for a different user in the future. The new antenna will require equipment to be placed on the ground in a 19 foot by 40 foot fenced area. The majority of the equipment will be stored inside an 11.6 foot by 20 foot building with the exception of a generator, `H- frame' meter and HVAC venting on the outside of the building. The applicant has indicated that the generator makes noise equivalent to normal conversation (61 dBA) and runs once per week for thirty minutes. The enclosed site drawing and letter from the applicant provide additional information about the proposed installation. Review Criteria 12 -14 -6 B. provides the following criteria for granting conditional use permits: 1. In granting a Conditional Use Permit, the City Council shall consider the advice and recommendation of the Planning and Zoning Commission and: a. The effect of the proposed use upon the health, safety, morals and general welfare of occupants of surrounding lands. b. Existing and anticipated traffic conditions, including parking facilities on adjacent streets and land. c. The effect on values of property and scenic views in the surrounding area, and the effect of the proposed use on the Comprehensive Plan. City Code 9 -12 provides the specific requirements for antennas and towers. The proposal meets © the height, location, design, setback and collocation requirements of City Code 9 -12 Antennas and Towers. A building permit will be required for the foundation of the new pole and structure. Location The selection of the proposed location was driven by several factors. These factors include the following: • The coverage area desired by Verizon Wireless • Locating the antenna as far as possible from surrounding residential properties. • Avoiding conflicts with the use of the ballfield complex • Providing an area that would be accessible to Verizon Wireless' vehicles • Avoiding the 200 foot setback from the closed landfill Access The applicant requires a paved access to allow service and maintenance to be performed. Staff has recommended that the entrance to this access be relocated from the proposed location on 139th Lane NW to the interior ballfield parking area. A condition of approval has been added to the attached resolution to ensure this will occur. Ballfield Lighting A condition of approval requires the applicant to ensure that the ballfield lighting is replaced to meet the lighting requirements for this type of ballfield. © Grading Some minor adjustments will be needed to ensure adequate drainage away from the ground mounted equipment and to prevent unintended impacts on the surrounding area. A grading plan will be reviewed as a part of a commercial site plan application. Irrigation An irrigation system exists through the area of the proposed improvements. A condition of approval requires the applicant to relocate the portions of the system as necessary to allow for the improvements and to provide adequate coverage to the surrounding area. EDA Review The Economic Development Authority owns the proposed site. The EDA reviewed the proposal on December 2, 2008. They were generally in favor of the proposed use but expressed concern about the size of the building. Other The Engineering Department has requested that slats be put into the three sides of the vinyl coated chain link fence that face away from the outfield fence. This item has been added to the attached resolution as a condition of approval. Planning Commission Recommendation © The Commission voted 5 -1 to recommend approval of the proposed conditional use permit subject to the conditions listed in the attached resolution and one additional condition. The condition recommends the height of the fence be increased to eight feet to match the height of the outfield fence. The use of barbed wire was also discussed. It should be noted that barbed wire is .._-L. not shown on the plans submitted by the applicant and would not be recommended by the QPlanning Commission or staff. This clarification has been added to the new condition. X ACTION REQUESTED The City Council is asked to approve or deny the proposed conditional use permit. Res ct lly sub itted, Court y Bednarz Attachments Resolution Location Map Site Drawings Applicants Letter Cc: Jim Nelson, Buell Consulting, Inc., 122 East Golden Lake Lane, Circle Pines, MN 55014 -5- ® CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. A RESOLUTION APPROVING THE CONDITIONAL USE PERMIT REQUEST FOR A CELLULAR TELEPHONE ANTENNA LOCATED IN ANDOVER STATION NORTH ON PROPERTY LEGALLY DESCRIBED AS LOT 3, BLOCK 1, ANDOVER STATION NORTH, ANOKA COUNTY, MINNESOTA. WHEREAS, Verizon Wireless has requested a conditional use permit to install a telecommunication antenna 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, 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 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 has received the recommendation of the Planning Commission and approves the Conditional Use Permit for a telecommunication antenna on the subject property, subject to the following © conditions: 1) The applicant shall execute a lease or license agreement with the City of Andover Economic Development Authority prior to commencing construction on the site. 2) The applicant shall complete a commercial site plan application to ensure the final plan set conforms to the requirements of the conditional use permit and City Code. 3) The applicant shall be responsible to replace the lighting array to conform with ballfield lighting standards to an equal or better standard than presently exists. 4) The applicant shall be required to relocate the existing irrigation system as necessary to provide coverage of the area surrounding the proposed improvements. 5) The applicant shall revise the proposal to relocate the paved access entrance to a location determined by the Engineering Department. 6) The applicant shall provide slats on the north, east and south sides of the fence that encloses the proposed building and associated equipment. 7) The Conditional Use Permit shall be subject to a sunset clause as defined in City Code 12 -14 -6. 8) The fence enclosing the equipment shall be a vinyl coated chain link fence that is eight feet in height. The fence shall not contain barbed wire. Adopted by the City Council of the City of Andover on this _th day of , 2009 CITY OF ANDOVER ATTEST: Michelle Hartner, Deputy City Clerk Michael R. Gamache, Mayor �01 �01 � !! R k2) / §� § 56 p +A '' 9mZ � \\\\ 0 Er § s ; 2� OW�H b \ \\ ; §!m § 0 ! < | §(\§ )}k�4 §q \F2§ � 2 R o !\ |) N !!i oI z i § o !EE| b ;rr ■! W ( \� § § ) \ N to ( § \\ 2 , \)§\ U) D /\ �01 �01 . [ ■a ■.. �- � !! R k2) / §� § 56 p =E #,�,■■ Kf!& � \\\\ U - ) |} W § 0 ! < | §(\§ )}k�4 §q \F2§ � . [ ■a ■.. �- OVERALL STRUCTURE HEIGHT 994.80' AMSL / 109' -0" AGL 0 ANTENNA TIP HEIGHT 985.80' AMSL / 100'-6,7'-AGL _Ak ANTENNA CENTERLINE HEIGHT Y 981.80' AMSL / 96' -0" AGL FUTURE PROVIDER CENTERLINE Y 966.80' AMSL / 81' -0" AOL RELOCATED EXISTING LIGHTS 954.30' AMSL / 68' -6" AGL PROPOSED 12x20 PREFAB SHELTER W/ EXPOSED AGGREGATE FINISH PROPOSED 6' -0" TALL GREEN VINYL COATED CHAIN LINK FENCE @ EXTERIOR GENERATOR -7 PROPOSED COLLAR MOUNT, ANTENNAS FUTURE ANTENNAS RELOCATED FIELD LIGHTS TO MATCH EXISTING TYPE AND HEIGHT PROPOSED 100' TALL GALV. MONOPOLE TOWER PROPOSED 6' -0" TALL GREEN VINYL COATED CHAIN LINK FENCE @ HVAC SHIELDS, ELECT. DISCONNECTS (NO BARBED WIRE) B/0 TOWER STEEL 886.8' AMSL / 1.0' AGL GRADE, @ TOWER 885.8' AMSL / 0.0' AGL PROPOSED STEP DOWN TRANSFORMER I WEST ELEVATION I GRAPHIC SCALE 0 4' 8' SOUTH ELEVATION SERVICE ENTRANCE EXPOSED AGGREGATE CONCRETE C7 GRAPHIC SCALE — ✓ EAST ELEVATION 0 C3 STEEL EXPOSED AGGREGATE CONCRETE IDOOR _ sF:a GRAPHIC SCALE o a' e' NORTH ELEVATION GRAPHIC SCALE 0 <' s' EXISTII BALL I FENCE —TYPIC BU ELL CONSULTING, INC. 122 East Golden Fake Lane, Circle Fines, Minnesota 66014 Office 763-784-5187 - Fax 763 - 7.17 -•1962 - EMAIL: j«4wsr @ao1.corn January 27, 2009 City of Andover Planning Department City Hall 1685 Crosstown Boulevard NW Andover, Minnesota 55304 RE: Application for a Conditional Use Permit: Proposed Cellular Telephone Antenna Facility by Verizon Wireless to replace and combine with the farthest east ball park light standard located in Andover Station North and further described in the accompanying documents. Legal Description: Lot 3, Block 1 Andover Station North, Anoka County, Minnesota. Current zoning for the property, as shown on the city of Andover Zoning Map, is General Business This letter, the enclosed application, application fee and scaled drawings will serve as a request for approval of a Conditional Use Permit to allow construction of a wireless antenna site replacing the current ball field lighting standard located in Andover Station North whose owner of record is the Andover Economic QDevelopment Authority. Proposal: Verizon Wireless proposes to replace the current light pole with a 100 foot pole that will structurally accommodate both the ball park light array, Verizon's antenna array located at the top and a future carrier's antennas to meet the city collocation requirements. The radio equipment will be contained in a 11.6 ft by 20 ft (approx. 10 ft in height) pre -cast concrete, modular building placed on a poured concrete slab adjacent to the base of the new light pole. The exterior of the equipment building is finished in a washed aggregate brown tone. The lease area requested measures 19' x 40' (760 sq ft.). A back up power generator will be placed at the site and located as shown on the site plan. I have enclosed a general site location using an aerial photo. In a 11 x 17 size I have a scaled site plan and survey, elevation diagram of both the shelter and the proposed tower, and an enlarged site elevation to provide clearer detail. As shown in the site plan the site is placed so as not to restrict any day to day operation of the activities at the ball fields. Further, the proposed location meets all code required setbacks including -those required by the MPCA regarding structure distance from the WDE Landfill Site. Verizon Wireless will bring utilities underground to the site from the nearest location. Upon approval of the plans, Verizon would improve the access drive to the site using standards required by the city and capable of accommodating the equipment used to construct the site. The portion of the driveway extending past the site itself is shown so as to allow for proper removal of snow without tearing up the grass around the site. If the driveway were to terminate at the south end of the lease area, any snow pushed out into the open would likely have a negative effect on the grass from a plow or other mechanical snow removal equipment. That portion of the driveway passing to the east of the site would encroach on an existing drainage and utility easement and would be so placed and maintained, by Verizon Wireless at Verizon's own risk. Any reasonable and appropriate screening required will be accommodated and incorporated into the site design. Verizon Wireless' communications services and operations comply with FCC Standards. Further, Verizon Wireless agrees to comply with the conditions as. stated in the city zoning code as well as those that - %a-� may be included in the approved Conditional Use Permit. Verizon Wireless agrees that failure to do so may constitute a breach of the requirements as approved in the CUP. Verizon Wireless is currently negotiating a License Agreement with the city. I understand that this request has been brought before the Andover EDA as well as the MPCA. The MPCA has provided some guidelines to be followed in the construction of the site and the AEDA has indicated that this light standard replacement is a reasonable request for this area. As proposed, your city will benefit both financially as well as with improved service for residents once this site is operational. This site will provide improved in building coverage for the area as well as improved service for mobile users. Your facility has some ideal traits which when viewed through the application of your zoning code meet all reasonable requirements for a cell site. Facilitates the provision of wireless services to the residents and businesses of the city. Located so as to minimize any adverse effects of towers and their aesthetic impact on surrounding properties. The location avoids any potential damage to adjacent properties from tower failure. This proposal is keeping with your goal to utilize existing structures whenever possible. Section of your zoning code: 9 -12 -5 B Commercial And Industrial Districts: 1. Towers supporting antennas and conforming to all applicable provisions of this chapter shall be allowed only in the following commercially and industrially zoned locations: . a. Industrial I zoned parcels of land when the appearance is consistent with the surrounding area and is compatible with the use; b. Commercially zoned parcels (Shopping Center SC and General Business GB) parcels of land when the appearance is consistent with the surrounding area and is compatible with the use; and c. Utility and transmission structures located in public rights -of -way when attached thereto. 2. Only one tower shall exist on any one industrially or commercially zoned parcel of land. (Ord. 270, 12 -5 -2000) Please let me know when you have completed your review and/or if you require further information. Sine , c/ J Nelson Buell Consulting, Ina Agent for Verizon Wireless Enclosure: Signed and Completed CUP Application Application Fee $530.00 1 set of drawings (11 x 17 site plan, tower and shelter elevations) 0 1 Aerial photo of proposed site location u PLANNING AND ZONING COMMISSION MEETING — FEBRUARY 24, 2009 The Regular Bi- Monthly Meeting of the Andover Planning and Zoning Commission was called to order by Chairperson Daninger on February 24, 2009, 7:00 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota. Commissioners present: Chairperson Daninger, Commissioners Michael Casey, Valerie Holthus, Devon Walton, Douglas Falk and Dennis Cleveland. Commissioners absent: Tim Kirchoff. Also present: City Planner, Courtney Bednarz Others APPROVAL OFMINUTES. February 10, 2009 Motion by Casey, seconded by Falk, to approve the minutes as presented. Motion carried on a 6 -ayes, 0 -nays, 1- absent ( Kirchoff) vote. PUBLIC HEARING: CONDITIONAL USE PERMIT (09 -01) TO ALLOW A TELECOMMUNICATIONS ANTENNA WITHINANDOVER STATIONNORTH. Mr. Bednarz noted Verizon Wireless applied for a Conditional Use Permit to locate a cellular phone antenna in Andover Station North between the easterly and central ballfields. Mr. Bednarz reviewed the information with the Commission. Motion by Casey, seconded by Falk, to open the public hearing. Motion carried on a 6- ayes, 0 -nays, 1- absent ( Kirchoff) vote. Commissioner Holthus asked how much taller will the new pole be than the existing pole. Mr. Jim Nelson, Beuhle Consulting, representing Verizon Wireless, stated the current X-1 Regular Andover Planning and Zoning Commission Meeting Minutes —February 24, 2009 Page 2 © pole is approximate) seventy-five . y y five feet and the light standard will be approximately at the same height on the new pole. Commissioner Cleveland asked if having access through the parking area will be an issue. Mr. Nelson stated it would not in terms of creating and using, the plans were drawn up with access off of 139th and upon review the City Engineer requested the access be moved into the parking lot and he did not see that as a problem at all. Commissioner Walton asked where the nearest tower would be that is similar to this. Mr. Nelson stated the only thing he could think of was at the Sports Center. Commissioner Falk asked how the generator is fueled. Mr. Nelson stated it uses diesel. Commissioner Falk asked how large the fuel tank is. Mr. Nelson believed it was 240 gallons. Commissioner Falk asked if the hill to the north was going to be an issue. Mr. Nelson stated it would not. They had everything surveyed and identified where the imaginary no build zone is. It is his understanding they can construct on the north side of the light standard but have to be elevated off the ground to eliminate any potential gas coming out of the ground. Commissioner Falk asked when the ball fields are being in use there is potential for balls to go inside the fenced area and damage air conditioning units. Is there any way to prevent kids from accessing the area to get the balls. Mr. Nelson stated they generally install a six foot fence with three strands of barbed wire on the top. This will keep people out but if the City requests they not do that they will follow their direction. Commissioner Falk asked what they do to the inside of the fenced area to prevent fly balls from damaging any equipment in there. Mr. Nelson did not think they will be doing anything special. The building is generally impervious to anything a fly ball will do to it. They could probably screen the equipment if there is damage. Commissioner Falk asked if the City is going to require any greenery around this. Mr. Bednarz stated at this time they are not requiring any additional landscaping around the area but they are requesting putting slats on three sides of the fence. Chair Daninger asked if this is approved when it would be constructed. Mr. Nelson stated probably sometime during the summer and can be coordinated with the City. Chair Daninger stated they would need to work with the City and Associations as to when this could be constructed. Chair Daninger stated regarding noise if the generators will be stand by or do they do a monthly test. Mr. Nelson stated they do monthly tests. Chair Daninger wondered how Qlong the tests were run. Mr. Nelson stated they would be thirty minutes a month. Chair Daninger asked if they can schedule them with the City. Mr. Nelson stated they could. Regular Andover Planning and Zoning Commission Meeting Minutes —February 24, 2009 Page 3 © Chair Daninger asked how loud the noise will be. Mr. Nelson stated he believed the generators will be on timers and he thought they could be set according to what the City wants. Mr. Nelson stated the generators will be in a well made, sound insulated container and he did not think the noise would be an issue. Chair Daninger asked why they need such a large structure for their ground equipment and is there any possibility to mount it off the ground. Mr. Nelson stated the typical building up to six months ago was larger and they have reduced the size of all the buildings by putting the generator outside of the building. The buildings are designed to handle all the battery equipment and other equipment needed. This is something engineered for the company and its needs. He stated there are two types of wireless equipment that different wireless providers use and they are different technologies. He explained the different technologies to the Commission. Chair Daninger asked if this is a 24 hour /7 day a week operation so if it goes down will there be someone out immediately to fix the problem. Mr. Nelson stated it was. Chair Daninger asked what would happen if a game were going on and there needs to be a repair but the vehicles could not get in. Mr. Nelson was not sure why the vehicles would not be able to get in but generally they are talking about a van or pickup truck. The reason they need to get in there is because the equipment is large and bulky and hard to carry and at times they will need to fill the diesel tank. © Commissioner Walton asked why they could not put up an eight foot fence without barbed wire to keep it in conformance with the baseball fence. Mr. Nelson stated they could do that but the fence would then be climbable. Chair Daninger asked if the City Ordinance required a fence around the equipment. Mr. Bednarz stated it did not. Chair Daninger asked if the equipment required a fence. Mr. Nelson stated the vulnerable equipment is the AC units that hang on the end of the building and usually fence those in. He stated he would have to ask the applicant if they would be willing to not fence the equipment. Chair Daninger asked where the cable would be run. Mr. Nelson stated the cable would be run seven to eight feet in the air to the monopole. Chair Daninger asked if they looked elsewhere in Andover for a site. Mr. Nelson stated they have looked at Anoka County radio for a site but have not come to an agreement with them. Commissioner Falk asked why this could not be placed further out into the outfield. Mr. Nelson stated the EPA would not allow them to do this. Mr. Bednarz stated the building could be placed further north but it would have to be elevated so methane would not be trapped under the building. Commissioner Falk felt this should be looked at because it would alleviate the need for a fence and balls going into it. Mr. Nelson stated it would require a longer driveway to the building. C7 Regular Andover Planning and Zoning Commission Meeting Minutes —February 24, 2009 Page 4 ® Chair Daninger asked if there was another pole that could be looked at. Mr. Nelson stated there are other poles they could use but would not work as well for them. They need to be as far east as they can get and it seemed to everyone that if they made a joint installation of the light pole and antenna would work for everyone. Commissioner Falk asked if they could put it on the other field. Mr. Bednarz stated the City has not committed to ever lighting the field at this time. Motion by Falk, seconded by Casey, to close the public hearing. Motion carried on a 6- ayes, 0 -nays, 1- absent (Kirchoff) vote. Chair Daninger asked if it would be unreasonable to have the applicant put up the correct lighting on the rest of the east field. Mr. Bednarz thought that would push the cost beyond what they were willing to pay because it would be three lights needed. Commissioner Walton thought this seemed out of place for the equipment to be placed where they want it to be. Commissioner Holthus asked if the applicant would need to approach the County if approved by the City. Mr. Bednarz stated they would not. © Commissioner Walton asked if they would purchase or lease the space and where would the money go. Mr. Bednarz stated they would have a license and pay for the installation and monthly they would pay the City for using the area. The money may go towards the area around there and could benefit the area generally with those proceeds. Motion by Falk, seconded by Casey, to recommend to the City Council approval of Resolution No. for a Conditional Use Permit including item 8 to make the proposed fence match the existing fence of eight feet at the ball fields. Commissioner Cleveland asked if they could amend the motion to make the proposed fence match the existing fence of eight feet at the ball fields. Commissioner Falk and Casey concurred. Motion carried on a 5 -ayes, 1 -nays ( Daninger), 1- absent (Kirchoff) vote. Mr. Bednarz stated that this item would be before the Council at the March 3, 2009 City Council meeting. Mr. Nelson asked if the ball fields will be used all the time. Chair Daninger indicated staff would coordinate with the applicant and the association appropriately. U rA CITY 0 F 0 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.CI.ANDOVER.MN.US TO: Mayor and Councilmembers FROM: Jim Dickinson, City Administrator SUBJECT: Administrator's Report DATE: March 3, 2009 The City Administrator will give a brief verbal update on various items of interest to the City Council and to the residents at the meeting. Listed below are a few areas of interest: 1. Administration & City Department Activities 2. Update on Development Activity 3. Update on CIP Projects 4. Legislative Update 5. Meeting reminders Upon receipt of the meeting packet, if a member of the Council would like an update on a particular item, please notify me so an adequate update can be made. submitted, C7