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HomeMy WebLinkAboutCC November 17, 2009 A NDOV E A T Y O F 1685 CROSSTOWN BOULEVARD N.W.. ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.CI.AN DOVER. MN. US Regular City Council Meeting — Tuesday, November 17, 2009 Call to Order — 7:00 p.m. Pledge of Allegiance Resident Forum Agenda Approval 1. Approval of Minutes (10/27/09 Workshop, 10/27/09 Closed, 11/4/09 Regular, 11/4/09 Closed) Consent Items 2. Approve Payment of Claims — Finance 3. Approve LMCIT Liability Coverage — Finance 4. Call for Outstanding Bonds/ General Obligation State Aid Street Bonds, Series 2001B & General Obligation Improvement Bonds, Series 2005A — Finance 5. Approve Amended Assessment Roll for City Project 08- 37/157 Avenue NW Reconstruction (MSAS 102) — Engineering 6. Approve Resolution for Deferred Assessment PIN 24- 32- 24 -12- 0012/08 - 37/157 Avenue NW Reconstruction (MSAS 102) —Engineering Discussion Items 7. Anoka County Sheriff's Department Monthly Report - Sheri 8. Hold Public Hearing on the Modification to the Development Program for Development District No. 1 and the Modifications of the Tax Increment Financing Plans for Tax Increment Financing District Nos. 1 -1 and 1 -2 — Administration 9. Approve Open Space Purchase - Administration Staff Items 10. Consider Amendment to Parks Advertising Policy — Engineering 11. Schedule December EDA Meeting - Administration 12. Administrator's Report -Administration Mayor /Council Input Closed Session: Land Purchase Negotiations PID# 29- 32 -24 -44 -0022 Adjournment T Y 0 F ANDOVEIR! 1685 CROSSTOWN BOULEVARD N.W. 9 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: November 17, 2009 INTRODUCTION The following minutes were provided by TimeSaver and Staff for City Council approval: October 27, 2009 Workshop October 27, 2009 Closed November 4, 2009 Regular Meeting November 4,2009 Closed DISCUSSION The minutes are attached for your review. ACTION REQUIRED The City Council is requested to approve the above minutes. Respectfully submitted, 7 Michelle Hartner Deputy City Clerk Attach: Minutes 1 2 3 4 5 6 REGULAR ANDOVER CITY COUNCIL WORKSHOP —OCTOBER 27, 2009 7 MINUTES 8 9 10 The Regular Monthly Workshop of the Andover City Council was called to order by Mayor Mike 11 Gamache, October 27, 2009, 6:00 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW, 12 Andover, Minnesota. 13 14 Councilmembers present: Sheri Bukkila, Mike Knight, Julie Trude 15 Councilmember absent: Don Jacobson 16 Also present: Director of Public Works /City Engineer, Dave Berkowitz 17 City Administrator, Jim Dickinson 18 Community Development Director, Will Neumeister 19 Others 20 21 22 SINGLE FAMILY RESIDENTIAL MARKET VALUE PRESERVATION PROGRAM 23 PROGRESS REPORT 24 25 Mr. Neumeister updated the Council on the progress of the Single Family Residential Market 26 Value Preservation Program. 27 28 Mr. Neumeister indicated they are going to recheck the County records along with utility records 29 for name correspondence. They will also check Craigslist to see who needs to come in to apply 30 for a rental license. 31 32 Councilmember Bukkila thought this was a good next step. She indicated she has given Ms. 33 Perera addresses over the months of Craigslist rentals. Mr. Neumeister stated they are also 34 taking down addresses from rental signs in yards. 35 36 Councilmember Knight asked if there are a lot of rentals available on Craigslist. Councilmember 37 Bukkila indicated there are and she checks it regularly. 38 39 Mayor Gamache thought the three tasks listed are good ideas. Mr. Neumeister stated they will be 40 double checking the foreclosed list to see if any have turned rental. 41 42 Councilmember Trude stated she would prefer to focus on task three. 43 44 45 DISCUSS SHED SETBACKS AND EASEMENT ENCROACHMENTS 46 47 Mr. Neumeister stated based on direction provided at the October 20 th Council meeting, staff 48 would like to review the accessory building section of City Code with Council to determine if Andover City Council Workshop Meeting Minutes — October 27, 2009 Page 2 1 language needs to be updated or changed to deal with various types of sheds located in drainage 2 easements. 3 4 He noted he would like the Council to discuss this based on some input if there were other 5 options besides a variance process. He reviewed the four potential changes to code with the 6 Council. 7 8 Councilmember Knight asked if Mr. Neumeister discussed with the residents the variance 9 process. Mr. Neumeister stated he has discussed this with them before the meeting. He thought 10 the sheds were placed where they were because of the trees in the yard. 11 12 Councilmember Knight stated they have so many of these sheds in the marketplace that people 13 purchase them not thinking these would be part of the restrictions. Bukkila thought in terms of 14 hiding what you own in one packaged shed it is actually a better way to go than having it strewn 15 across the yard. 16 17 Mr. Berkowitz stated a concern the Public Works Department has is the drainage, which is 18 supposed to be contained within the easement. 19 20 Mr. Dickinson explained the easement and setback requirements with the Council. 21 22 An encroachment easement process does not go to a public hearing, but a variance and vacation 23 does. 24 25 Mr. Berkowitz explained what types of articles would be allowed in an easement. 26 27 Mr. Neumeister stated if the Council were to change this the engineer would need to go around 28 and look at each one individually. 29 30 The Council discussed with staff the impact accessory structures have on easements, especially 31 when there is a pond or wetland in the area. 32 33 Councilmember Knight thought the simplest way might be to use a easement agreement on 34 something like this. 35 36 Mrs. Karnowski stated as far as the issue of trimming weeds they have it mulched and nicely 37 landscaped so there is nothing to take care of behind this. She stated she has toys everywhere in 38 the yard and got the shed to store the toys in there because she runs a daycare. As a part of 39 daycare rule you have to have the kids within site and hearing. She stated if they were to move 40 the sheds they would have to take down the mature trees and move them. 41 42 Mr. Karnowski showed photos of their yard to the Council. 43 44 Councilmember Knight asked if this situation justified a variance. He thought her occupation Andover City Council Workshop Meeting Minutes —October 27, 2009 Page 3 1 justified a hardship in order to obtain a variance. 2 3 Mayor Gamache asked if the shed is on the side with the privacy fence. Mr. Karnowski indicated 4 it is. He stated the water drains into the middle of the yard instead of towards the back where the 5 easement is located at. 6 7 Mr. Berkowitz stated they do not promote side or backyard easements for private utilities. It is 8 normally for drainage only. 9 10 Councilmember Knight stated if they considered a variance appeal or agreement would they be 11 able to resolve it in either case. Councilmember Trude was not sure since they would not be able 12 to get approval from the neighbor because the neighbor is the one who complained. 13 14 Mr. Berkowitz stated they would need to make sure that there was adequate drainage along with 15 checking to see if private utilities are in there or not. 16 17 Mayor Gamache did not think this would cause a drainage issue because he thought the water 18 will still flow under them because most are built now to sit up above the ground. He stated he 19 would rather have these things worked out in the neighborhoods than to have to come to the City. 20 21 Bukkila asked how they can separate sheds from accessory structures. Mr. Neumeister stated 22 they would need to sit down with the City Attorney for wording. Mayor Gamache stated he is 23 comfortable with the wording Blaine is using. 24 25 Councilmember Trude thought the City Attorney should give them some advice on this. She 26 thought they should change item two to have the resident remove the shed if there is a complaint 27 and if engineering determines there is a problem with the drainage easement. Councilmember 28 Bukkila indicated she would not be ok with this. 29 30 The Council discussed with staff the option of changing the code and came to the conclusion that 31 at this time they did not want to do this because it would open up issues with many other 32 residences. 33 34 It was indicated to have this item brought back to November workshop with more research. 35 36 37 DISCUSS DEVELOPMENT & ROAD WAYRECONSTRUCTIONAT BUNKER LAKE 38 BOULEVARD NW & 7 39 40 Mr. Berkowitz stated the County received Federal Funding to reconstruct Bunker Lake 41 Boulevard NW and 7 th Avenue NW. 42 43 Mrs. Rosella Sonsteby and Slim Sonsteby were at the meeting. 44 Andover City Council Workshop Meeting Minutes —October 27, 2009 Page 4 1 Mr. Berkowitz reviewed the plans with the Council and residents. He stated they want to meet 2 with the property owners before the construction begins. 3 4 Councilmember Trude thought they needed to push for as many accesses as they can get because 5 the County will cut it in half. 6 7 Mr. Neumeister stated they have a requirement to adhere to the high density that is on the map so 8 if it is moved off this area they have to find another area in the City to move it. 9 10 Mr. Sonsteby stated his only concern is making sure he did not lose his access. 11 12 13 REVIEW HUNTING REGULATIONS 14 15 Mr. Neumeister stated staff would like to review the hunting area map and City Code with 16 Council to determine if language on the map or code needs to be updated or changed. 17 18 Councilmember Knight stated he has some problems with shooting slugs without proper 19 distance, even on forty acres. 20 21 It was noted that there is nothing in the ordinance that references goose and waterfowl season. 22 23 Councilmember Knight stated he did not know how they could regulate this because with bow 24 hunting a deer will not drop immediately and may run into neighborhoods, which will be pursued 25 by the hunter, and there may be people who do not like seeing this or want hunters on their 26 property. 27 28 Councilmember Knight wondered if they will allow hunting on the open space they will be 29 acquiring in the future. Councilmember Trude did not think they would want to allow this. 30 31 32 DISCUSS SEWER AVAILABLITY CHARGES 33 34 Mr. Dickinson reviewed the sewer availability charges with the Council. 35 36 Councilmember Trude stated they are open to do this the way staff recommended. The Council 37 agreed. 38 39 40 SPECIAL REVENUE, CAPITAL PROJECTS, DEBT SERVICE, INTERNAL SERVICE, 41 AND ENTERPRISE FUNDS — 2010 PROPOSED BUDGET PRESENTATION 42 43 Mr. Dickinson stated the Council has had a number of reviews of the 2010 proposed General 44 Fund Budget that will be supported by the 2010 Tax Levy. Gambling funds are projected to keep Andover City Council Workshop Meeting Minutes —October 27, 2009 Page 5 1 reducing. An establishment in the City has agreed to look at having gambling brought back. 2 3 Public safety and law enforcement services, youth services and some social services will still 4 receive funding but the restrictions are there and need to be adhered to. 5 6 Councilmember Trude stated she had a question about the Community Center budget sheet 7 regarding volunteers and if they do not get them would it come out of these funds. She wondered 8 what they are trying to do with the revenue. Mr. Dickinson stated they are trying to be self - 9 sustaining with the revenue, covering the expenses of the Community Center. 10 11 Councilmember Knight stated they may have to consider adding staff at the Community Center 12 for liability reasons. Councilmember Trude thought this was something they had to plan for. 13 Councilmember Knight stated they do not want to end up in a situation they could have avoided 14 with correct supervision. 15 16 Mayor Gamache stated he would be willing to consider appropriate staffing during problem 17 times. 18 19 20 2010 GENERAL FUND BUDGET DEVELOPMENT PROGRESS REPORT & 2010 TAX 21 LEVYDISCUSSION 22 23 Mr. Dickinson stated City Departments deadline for submitting 2010 Budget materials was July 24 2 °d . Since that date Finance has compiled the proposed 2010 expenditure budgets, prepared 2010 25 revenue estimates, prepared 2010 levy calculations and continues to analyze the 2009 revenue 26 and expenditure estimates. In addition the Council has had a number of reviews at monthly 27 workshops of the 2010 Proposed General Fund Budget that will be supported by the 2010 Tax 28 Levy. 29 30 Councilmember Trude stated if they do not issue bonds this year can they still do this. Mr. 31 Dickinson stated they could and would depend on how they structure the debt repayment. 32 Councilmember Trude thought they should do this. 33 34 Councilmember Knight stated he would advocate the 2.48% or 2.5% because they will be below 35 the 3 %. 36 37 Mr. Dickinson stated he needed to know where the Council is in regard to this. 38 39 The Council indicated they wanted to be at 2.48 %. 40 41 Mr. Dickinson explained when he talked to Councilmember Jacobson, he indicated to keep it at 42 3% until the last possible minute to see how the commercial valuation appeals go. He also stated 43 in regard to the furlough he would want to wait until 2010 to make the decision to remove it. 44 Andover City Council Workshop Meeting Minutes —October 27, 2009 Page 6 1 Consensus of the Council was to look at placing the tax levy at 2.48% and to consider the add 2 backs. 3 4 Councilmember Trude stated they needed to find out the results of the Union negotiations before 5 a final decision is made. 6 7 Mr. Dickinson updated the Council on Youth First. He stated they are struggling significantly 8 financially and will have to limit their staffing to the City. Donations are minimal. 9 10 Councilmember Trude asked if they were adequately funding for the services they are getting. 11 Mr. Dickinson stated they are doing their part but other cities and the County need to step up and 12 do their part. 13 14 Mayor Gamache asked what the general fund contingency was for. Mr. Dickinson stated that 15 was up to the Council. 16 17 18 OTHER DISCUSSION 19 20 There was none. 21 22 The Council recessed to the closed session at 9:05 p.m. to discuss land negotiations and Union 23 negotiations. 24 25 The Council reconvened at 9:28 p.m. 26 27 Motion by Knight, Seconded by Trude, to adjourn. Motion carried unanimously. The meeting 28 adjourned at 9:29 p.m. 29 30 Respectfully submitted, 31 32 Susan Osbeck, Recording Secretary 1 2 3 4 5 6 REGULAR ANDOVER CITY COUNCIL MEETING — NOVEMBER 4, 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, November 4,2009,7:06 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW, 12 Andover, Minnesota. 13 14 Councilmembers present: Don Jacobson, Mike Knight, Julie Trude 15 Councilmember absent: Sheri Bukkila 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 AGENDAAPPROVAL 31 32 The Council acknowledged that Supplemental information was received. 33 34 Motion by Knight, Seconded by Trude, to approve the Agenda as amended above. Motion carried 35 unanimously. ( Bukkila absent) 36 37 38 APPROVAL OFMINUTES 39 40 October 20, 2009, Regular Meeting: Correct as amended. 41 42 Councilmember Trude stated on page 5, line 4, delete the word "using ". On line 37, after irrigation it 43 should state " because there are none at the new site ". On line 44, the word approve should be 44 " approving ". 45 46 Councilmember Trude suggested on page 2, line 41, adding " school speed zones" continuing with 47 along Bunker Lake Boulevard... 48 Regular Andover City Council Meeting Minutes — November 4, 2009 Page 2 1 Motion by Trude, Seconded by Jacobson, to approve the minutes as indicated above. Motion carried 2 unanimously. (Bukkila absent) 3 4 October 20, 2009, Closed Meeting: Correct as amended. 5 6 Councilmember Jacobson stated on page 4, line 14, the word "once" should be "one ". Line 15, after 7 two percent the word "of' should be replaced with the word "for ". 8 9 Motion by Jacobson, Seconded by Trude, to approve the minutes as indicated above. Motion carried 10 unanimously. (Bukkila absent) 11 12 13 CONSENT ITEMS 14 15 Item 2 Approval of Claims 16 Item 3 Approve Resolution/Withdrawal and Termination from the Joint and Cooperative 17 Agreement for Use of Personnel and Equipment During Emergencies, Regional 18 Mutual Aid Association (See Resolution R082 -09) 19 Item 4 Authorize 2010 Improvement and Equipment Purchase 20 Item 5 Order Feasibility Report/10- 2/2010 Street Reconstruction (See Resolution R083- 21 09) 22 Item 6 Order Improvement/Order Plans & Specs /10- 3/2010 Crack Sealing (See 23 Resolution R084 -09) 24 Item 7 Order Improvement /Order Plans & Specs /10 -4 /Seal Coating (See Resolution 25 R085 -09) 26 Item 8 Order Improvement/Order Plans & Specs /10- 5/2010 Pavement Markings (See 27 Resolution R086 -09) 28 Item 9 Order Improvement/Order Plans & Specs /10- 7/2010 Trail Maintenance (See 29 Resolution R087 -09) 30 Item 10 Order Improvement /Order Plans & Specs /10- 8/2010 Curb, Sidewalk & Pedestrian 31 Ramp Repairs (See Resolution R088 -09) 32 Item 11 Approve Updating Employee Personnel Policy 33 34 Motion by Jacobson, Seconded by Trude, approval of the Consent Agenda as read. Motion carried 35 unanimously. (Bukkila absent) 36 37 38 HOLD PUBLIC HEARINGIDELINQUENT SERVICE CHARGES 39 40 Mr. Dickinson stated City Code provides for the collection by assessment for delinquent service 41 charges, particularly water and sewer charges. The City has duly advertised the public hearing and 42 provided notices to the properties. The total delinquent service charges are $79,894.29. The City 43 will continue to collect payments from individuals until November 13, 2009; those payments will be 44 removed from the list prior to certification to Anoka County. Regular Andover City Council Meeting Minutes — November 4, 2009 Page 3 1 Motion by Knight, Seconded by Jacobson, to open the public hearing at 7:13 p.m. Motion carried 2 unanimously. (Bukkila absent) 3 4 No one wished to address the Council. 5 6 Motion by Knight, Seconded by Jacobson, to close the public hearing at 7:14 p.m. Motion carried 7 unanimously. (Bukkila absent) 8 9 Motion by Jacobson, Seconded by Knight, to approve the attached resolution adopting the 10 assessment roll. Motion carried unanimously. (Bukkila absent) (See Resolution R089 -09) 11 12 Mr. Dickinson indicated with the approval of the resolution payments can be made until November 13 13 After November 13 a service fee will be added to each delinquent balance and will be 14 certified to Anoka County for collection with the 2010 taxes. 15 16 HOLD PUBLIC HEARING /ADOPT ASSESSMENT ROLL 109- 212009 STREET 17 RECONSTRUCTION 18 19 The City Council is requested to hold a public hearing and approve the resolution adopting the 20 assessment roll for the Project 09 -2, 2009 Street Reconstruction. 21 22 Mr. Berkowitz reviewed the staff report with the Council. 23 24 Mr. Berkowitz indicated if the resolution is adopted tonight there are two options for property 25 owners to pay the assessment. The first option is for the assessment to be paid in full with no 26 interest within 30 days of adoption of the resolution; the second option is to have the assessment 27 certified to the 2010 taxes where it would be paid over a ten year period. 28 29 Councilmember Knight asked how long the new road is projected to last. Mr. Berkowitz indicated 30 with proper maintenance it should last 30 years, if not more. 31 32 Councilmember Jacobson noted letters from Mark Pitman, 2023 -175 Lane NW and Greg & Penny 33 Worthington, 2022 -175 Lane NW were received by Council objecting the assessment. 34 35 Motion by Knight, Seconded by Trude, to open the public hearing at 7:20 p.m. Motion carried 36 unanimously. (Bukkila absent) 37 38 Tom Nielsen, 2211 -175 Lane NW, complimented City staff for a job well done. 39 40 Mary Saxon, 2207 -176 Lane NW, stated a fabulous job was done on the project. She questioned if 41 the assessment is tax deductible. Mr. Dickinson indicated it is not. 42 43 Ray Stacherski, 2156 -176 Lane NW, stated the contractor and City staff was great to work with. 44 Regular Andover City Council Meeting Minutes — November 4, 2009 Page 4 1 Penny Worthington, 2022 -175` Lane NW, indicated she lives in a cul- del -sac and is not happy that 2 the project made the cul -del -sac smaller. Yes, her yard is bigger but she feels making the cul -del -sac 3 smaller will take away value from her property. Councilmember Jacobson asked if the original cul- 4 del -sac was larger. Mr. Berkowitz indicated it was. 5 6 Mayor Gamache stated he can understand the issue of financial difficulty in these times however; the 7 roads were in need of repair. 8 9 Penny Worthington stated the concrete curb gives the area a "city" feel and she did not want to live 10 in the "city ". 11 12 City project requirements were discussed. 13 14 Councilmember Trude indicated to Ms. Worthington she has legal rights she can pursue. 15 Councilmember Jacobson asked the City Attorney, Scott Baumgartner the process for property 16 owners that object to the project. Mr. Baumgartner explained the appeal process. 17 18 Motion by Jacobson, Seconded by Knight, to close the public hearing at 7:34 p.m. Motion carried 19 unanimously. (Bukkila absent) 20 21 Motion by Jacobson, Seconded by Trude, to approve the resolution adopting the assessment roll for 22 Project 09 -2, 2009 Street Reconstruction. Motion carried unanimously. (Bukkila absent) (See 23 Resolution R090 -09) 24 25 26 HOLD PUBLIC HEARING /ADOPT ASSESSMENT ROLL 108- 371157 AVENUE NW 27 RECONSTRUCTION (MSAS 102) 28 29 The City Council is requested to hold a public hearing and approve the resolution adopting the 30 assessment roll for the Project 08 -37, 157 t ` Avenue NW Reconstruction (MSAS 102). 31 32 Mr. Berkowitz reviewed the information with the Council. He stated there are two different types of 33 property assessments with this project: properties within the MUSA and properties outside the 34 MUSA. 35 36 Mr. Berkowitz indicated at a previous meeting deferred assessments were discussed for property 37 with potential lot splits. The resolution presented tonight identifies the properties with deferred 38 assessments. Mr. Dickinson and Mr. Berkowitz explained the deferred assessment process. 39 40 Motion by Jacobson, Seconded by Knight, to open the public hearing at 7:47 p.m. Motion carried 41 unanimously. (Bukkila absent) 42 43 Jackie Lipski, 629 -157` Avenue NW, wanted to thank the Council for making it more affordable for 44 the property owners. The road had to be repaired and they did a nice job. Ms. Lipski asked if the Regular Andover City Council Meeting Minutes — November 4, 2009 Page 5 1 assessment is certified to the taxes the first year can the owner come in and pay off the balance the 2 second year. Mr. Berkowitz indicated yes the assessment can be paid off once it is certified to the 3 County, but keep in mind interest will be certified for the entire year, he suggested paying the 4 assessment in November of the following year before it gets certified to the County. Mr. Berkowitz 5 stated November 15 is the date assessments need to be paid by since the City has to get the certified 6 assessments to the County by November 30 7 8 Cary Carlson, 524 -157 Avenue, asked if everyone outside the MUSA will be charged an assessment 9 for one parcel. Mr. Berkowitz indicated that is correct. Mr. Carlson asked why he is getting charged 10 a storm water utility fee when the water stays on his property. Mr. Berkowitz stated if water does not 11 discharge off his property you can get a credit for it. Mr. Berkowitz indicated proof would need to 12 be submitted, such as a contour map or survey showing the water does not discharge of his property. 13 14 Diane Scholzen, 553 -157 Avenue, asked for an explanation on the $250 credit for a driveway put in 15 during the project. Mr. Berkowitz explained the driveway process which applies to projects where 16 curb and gutter do not exist, but will be installed during the project. Ms. Scholzen asked how it was 17 determined which cement joints from the curb would be repaired and which would not. She stated 18 right in front of her house there are wide gaps in the cement joints. Mr. Berkowitz stated it is 19 discretional. If there is a specific area, it can be looked at and either be repaired or get a patch 20 material for it. 21 22 Motion by Jacobson, Seconded by Trude, to close the public hearing at 7:55 p.m. Motion carried 23 unanimously. (Bukkila absent) 24 25 Motion by Jacobson, Seconded by Trude, to approve the resolution adopting the assessment roll and 26 approve the resolution for deferring assessments for various properties for Project 08 -37, 157" 27 Avenue NW Reconstruction (MSAS 102). Motion carried unanimously. (Bukkila absent) (See 28 Resolution R091 -09 and Resolution R095 -09) 29 30 31 HOLD PUBLIC HEARING /CONSIDER VACATION OF RIGHTS -OF -WAY & 32 EASEMENT/KWIK TRIP 33 34 The applicant is seeking to vacate existing right -of -way, utility and drainage and street easements 35 that exist on the subject properties. The intent is to clear these sites of these encumbrances in 36 preparation for redevelopment. The applicant proposes to dedicate right -of -way for a new 37 frontage road and new easements for utility and drainage purposes as a part of the plat. 38 39 Mr. Neumeister reviewed the report with the Council. 40 41 Motion by Trude, Seconded by Knight, to open the public hearing at 8:00 p.m. Motion carried 42 unanimously. (Bukkila absent) 43 44 No one wished to address the Council. Regular Andover City Council Meeting Minutes — November 4, 2009 Page 6 1 2 Motion by Jacobson, Seconded by Knight, to close the public hearing at 8:01 p.m. Motion carried 3 unanimously. (Bukkila absent) 4 5 Motion by Knight, Seconded by Jacobson, to approve the proposed vacation of right -of -way and 6 easements subject to the conditions of the attached resolution. Motion carried unanimously. 7 (Bukkila absent) (See Resolution R092 -09) 8 9 10 CONSIDER PRELIMINAR Y PLA TIKWIK TRIP ANDOVER ADDITION 11 12 The Council is asked to review a preliminary plat that will combine two existing lots into one lot 13 and dedicate right -of -way for realignment of the existing frontage road and associated drainage. 14 15 Mr. Neumeister reviewed the information with the Council. 16 17 Councilmember Trude asked if the pond is part of this process. Mr. Neumeister stated it is. 18 Councilmember Trude asked who does the maintenance of the pond and keeps it safe. Mr. 19 Berkowitz indicated the City does and through discussion it was decided to take the entire area as 20 right -of -way. The pond has been sized to handle run off from Kwik Trip, road run off and a 21 small portion of the adjacent property to the east. 22 23 Councilmember Jacobson stated in the previous agenda item they approved the vacation of 24 easement. Since the utilities are not being moved what will happen if a utility needs repair and 25 they are not located within the easement. Mr. Berkowitz indicated the utilities are still in the 26 easement. 27 28 Mr. Neumeister explained the preliminary plat. 29 30 Motion by Knight, Seconded by Trude, to approve the proposed preliminary plat subject to the 31 conditions of the attached resolution. Motion carried unanimously. (Bukkila absent) (See 32 Resolution R093 -09) 33 34 35 CONSIDER CONDITIONAL USE PERMIT WITH VARJANCES TO PARKING LOT 36 SETBACKIKWIK TRIP /SOUTHEAST CORNER OF BUNKER LAKE BOULEVARD & JAY 37 STREET NW 38 39 Mr. Neumeister reviewed the staff report and drawings with the Council. He stated Leah Berlin, 40 a representative from Kwik Trip is in attendance and will be available for questions from the 41 Council. 42 43 Councilmember Jacobson suggested to Ms. Berlin to review the size of the sign and make sure it 44 complies with the City Code. Ms. Berlin stated the sign size has been reviewed. Regular Andover City Council Meeting Minutes — November 4, 2009 Page 7 1 Councilmember Jacobson asked what kind of lighting will be used for the overhead canopy. Ms. 2 Berlin stated LED lights will be used to backlight the canopy. 3 4 Councilmember Jacobson has some concern with the side of the building that faces Bunker Lake 5 Boulevard. He would like to see more windows on that side and have the ice chest moved to the 6 other side of the building. Ms. Berlin agreed to move the ice chest to the car wash area. 7 8 Councilmember Trude has concern with the placement of the garbage enclosure. Ms. Berlin 9 indicated moving the dumpster enclosure is significantly difficult. Councilmember Jacobson 10 suggested working with staff on moving the garbage enclosure and the ice chest. 11 12 Councilmember Trude stated concern with a lot of exterior storage that does not match the 13 fagade. 14 15 The exterior of the building was discussed. 16 17 Councilmember Trude stated she would be willing to table this item. 18 19 Mayor Gamache indicated the landscaping plan shows pine trees on the north side that will create 20 a screen. 21 22 Councilmember Knight stated the side of the building that faces Bunker Lake Boulevard is the 23 least attractive of all four sides. 24 25 Councilmember Jacobson stated he does not see a reason to table this item as long as the items of 26 concern are addressed on the final plan. Mr. Dickinson indicated the comments made are 27 generally commercial site plan review comments. 28 29 Scott Baumgartner, City Attorney stated in looking at the resolution his concern is numbers 5 and 30 6. Mr. Baumgartner suggested the language in number 5 to read: "Exterior storage shall be 31 limited to pallets of salt, two ice chests to be located at a mutually agreeable location, one cage 32 for prefilled propane tanks (filled on site) and small trash recycling containers, the locations of 33 which to be approved by the City ". 34 35 Councilmember Trude stated she does not see immediacy on this item. Ms. Berlin disagrees, 36 based on the contract with the land owner this is time sensitive. 37 38 Mr. Baumgartner suggested changing number 6 on the resolution to read: "The applicant shall 39 enter into an encroachment agreement to include, but not be limited to an indemnification and 40 hold harmless provision whereby the applicant shall be financially responsible for replacing 41 private improvements within public drainage and utility easements on the site ". 42 43 Councilmember Trude asked if the changes are made in numbers 5 and 6, number 2 should be 44 changed as well. Councilmember Jacobson suggested number 2 to read: "The architecture of the Regular Andover City Council Meeting Minutes — November 4, 2009 Page 8 1 buildings and canopy shall conform to the architectural renderings stamped received by the City 2 September 23, 2009, also including Spando windows on the north side of the building to be 3 added. 4 5 Motion by Jacobson, Seconded by Knight, to approve the proposed Conditional Use Permit and 6 variances to parking setback with resolution changes on numbers 2, 5, and 6 as suggested by the 7 City Attorney. 8 9 Councilmember Trude asked Ms. Berlin to explain the landscape design. Ms. Berlin explained 10 the landscape along Bunker Lake Boulevard is intended as screening, the front area will be 11 planted with bed shrub beds in various heights, and a picnic table will be placed on the south 12 side. 13 14 Mr. Baumgartner stated number 2 on the resolution could be rewritten as: "The architecture of 15 the buildings and canopy shall be in substantial conformity to the architectural renderings 16 stamped received by the City September 23, 2009 and subject to final approval by the City." 17 18 Motion carried unanimously. (Bukkila absent) (See Resolution R094 -09) 19 20 21 SCHEDULE JOINT WORK SESSION WITH OPEN SPACE ADVISORY COMMISSION 22 23 . The Council is requested to schedule a joint meeting with the Open Space Advisory Commission 24 to discuss their role in preparing for development and participating in the development review 25 process. 26 27 Motion by Knight, Seconded by Jacobson, to schedule a joint work session with the Open Space 28 Advisory Commission for Wednesday, December 9, 2009 at 7:00 p.m. Motion carried unanimously. 29 (Bukkila absent) 30 31 ADMINISTRATOR REPORT 32 33 City Administrator Dickinson, updated the Council on the administration and city department 34 activities, meeting reminders, CIP Projects and development activity. 35 36 MAYOR/COUNCIL INPUT 37 38 (Street Projects) — Councilmember Knight complimented Staff for a job well done on both street 39 projects. 40 41 (Elections) — Councilmember Trude stated there was a high turn out for the School District Election. 42 She congratulated Kathy Tinglestad, an Andover resident, for being elected to the District 11 School 43 Board. 44 Regular Andover City Council Meeting Minutes —November 4, 2009 Page 9 1 The Council recessed at 9:00 p.m. to go to a closed session to discuss land purchase negotiations. 2 3 The Council returned from the recess at 9:20 p.m. 4 5 Motion by Trude, Seconded by Jacobson, to adjourn. Motion carried unanimously. The meeting 6 adjourned at 9:20 p.m. 7 8 Respectfully submitted, 9 10 Michelle Hartner, Recording Secretary Regular Andover City Council Meeting Minutes — November 4, 2009 Page 10 REGULAR ANDOVER CITY COUNCIL MEETING MINUTES — NOVEMBER 4, 2009 TABLE OF CONTENTS PLEDGEOF ALLEGIANCE .......................................................................... ............................... 1 RESIDENTFORUM ....................................................................................... ............................... 1 AGENDAAPPROVAL ................................................................................... ............................... 1 APPROVALOF MINUTES ............................................................................ ............................... 1 CONSENTITEMS .......................................................................................... ............................... 2 Approvalof Claims ...................................................................................... ............................... 2 Approve Resolution/Withdrawal and Termination from the Joint and Cooperative Agreement for Use of Personnel and Equipment During Emergencies, Regional Mutual Aid Association (See Resolution R082- 09) ................................................... ............................... 2 Authorize 2010 Improvement and Equipment Purchase ............................. ............................... 2 Order Feasibility Report/10- 2/2010 Street Reconstruction (See Resolution R083- 09) .............. 2 Order Improvement/Order Plans & Specs /10- 3/2010 Crack Sealing (See Resolution R084 -09)2 Order Improvement /Order Plans & Specs /10 -4 /Seal Coating (See Resolution R085 -09) ......... 2 Order Improvement/Order Plans & Specs /10- 5/2010 Pavement Markings (See Resolution R086 -09) ................................................................................................. ............................... 2 Order Improvement/Order Plans & Specs /10- 7/2010 Trail Maintenance (See Resolution R087- 09) ....................................................................................................... ............................... 2 Order Improvement/Order Plans & Specs /10- 8/2010 Curb, Sidewalk & Pedestrian Ramp Repairs (See Resolution R088- 09) .......................................................... ............................... 2 Approve Updating Employee Personnel Policy ........................................... ............................... 2 HOLD PUBLIC HEARING/DELINQUENT SERVICE CHARGES (See Resolution R089 -09) . 2 HOLD PUBLIC HEARING /ADOPT ASSESSMENT ROLL /09- 2/2009 STREET RECONSTRUCTION (See Resolution R090 -09) ...................................... ............................... 3 HOLD PUBLIC HEARING /ADOPT ASSESSMENT ROLL/08- 37/157 AVENUE NW RECONSTRUCTION (MSAS 102) (See Resolution R091- 09) ................. ............................... 4 HOLD PUBLIC HEARING /CONSIDER VACATION OF RIGHTS -OF -WAY & EASEMENT/KWIK TRIP (See Resolution R092 -09) ............................... ............................... 5 CONSIDER PRELIMINARY PLAT/KWIK TRIP ANDOVER ADDITION (See Resolution R093- 09) ...................................................................................................... ............................... 6 CONSIDER CONDITIONAL USE PERMIT WITH VARIANCES TO PARKING LOT SETBACK/KWIK TRIP /SOUTHEAST CORNER OF BUNKER LAKE BOULEVARD & JAY STREET NW (See Resolution R094- 09) ............................................ ............................... 6 SCHEDULE JOINT WORK SESSION WITH OPEN SPACE ADVISORY COMMISSION..... 8 ADMINISTRATORREPORT ........................................................................ ............................... 8 MAYOR/COUNCIL INPUT ........................................................................... ............................... 8 Street Project School District Election CLOSED SESSION ADJOURNMENT............................................................................................ ............................... 9 Oe. C 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 TO: Mayor and Councilmembers CC: Jim Dickinson, City Administrator / Finance Director FROM: Lee Brezinka, Assistant Finance Director SUBJECT: Payment of Claims DATE: November 17, 2009 INTRODUCTION Attached are disbursement edit lists for claims related to the on going business of the City of Andover. DISCUSSION Claims totaling $218,340.00 on disbursement edit list #1- 2 from 11/06/09 to 11/13/09 have been issued and released. Claims totaling $210,262.77 on disbursement edit list #3 dated 11/17/09 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 REQUESTED The Andover City Council is requested to approve total claims in the amount of $428,602.77. Please note that Council Meeting minutes will be used as documented approval. Respectfully submitted, Lee Brezinka Attachments: Edit Lists ° w z z z z z z O U W W W W W W r '- F .--i O O O O N O M cp O y� O 1p �A Vt h •- N N N . O O O Cl . 7 d' d' U N ti O N N N N U m N N N U M U M M M U N U M U ... CD0D0 4D GD00 C.D C0 G.'000 OJ U U U U i 0 0 0 0 O O O O O O O O O O V' V l O 00 6' O 00 0 0 O'O 6'0 0 — N O O1 O �-+ N m U 01 01 o 00 0 O N °� � O— a] 10 <t V' U] O\ cn W 01 r Go 00 rn 10 V 7 w U.r .-i00 U O U 00 U O U.: U.: .. O U U O O m M U d' U O O U O O O D O O M .G T.' ..' N m .-� U O O N N U 't U 10N o U 1O U O U O O N d w O A 01 O1 01 01 01 01 O\ O1 O\ O1 01 01 01 0 0 0 0 O O O O O O O O O O O O O O O O O O O O O O N N N N N N N N N N N N N O O O O O 0 0 0 b V eh 10 O1 \O 0000 OO O O O O 00101 O t` m� -- 1:1- 0000 N N m M m mm O 1` M 10(V M Q\� Oh Ch 44 Vi h 4CT6 00 m\oN Vt CF eh .--i 00041 0101 OO M Ll O C Nd o V'7 mmN N N �— V a U U 01 •-� Y U H +°+ Cli C�. ° O 7k •° 0 C O a x ° U 0 6 ° vi N P. 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U � F4 U x Nr U o FG v •,� C4 a o 4 A U W rn�U F4�nU ¢��U .a P. p1 ��U x �U bra ° 0 P. x U U U a C a co GO M E J N 0 0 H 0 H H it 0 U •� b --� h b b b b b b b b � N > > > > > > > > > / 2 cn 00 d ) / \ \ / ) ON k Q — / 2 ] ) \ \ \ \ . / y \ ~ /\ \ (§ �4 CD , j � \ / ) \\ j\ / k ) E. \ / 0 $ / ) � § 3 a )\ @ L N T Y O F DOVE 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 (763) 755 -5100 FAX (763) 755 -8923 • WWW.CLAN DOVER. MN.US TO: Mayor and Councilmembers FROM: Jim Dickinson, City Administrator SUBJECT: Approve LMCIT Liability Coverage DATE: November 17, 2009 INTRODUCTION The League of Minnesota Cities Insurance Trust (LMCIT) requests that participating cities annually decide whether or not to waive the statutory tort liability limits established by Minnesota Statutes 466.04. DISCUSSION Attached is the "LMCIT Liability Coverage — Waiver Form" provided by the LMCIT, which provides a description of the options available to the City of Andover. Currently the City of Andover DOES NOT WAIVE the monetary limits on municipal tort liability established by Minnesota Statutes 466.04. Finance is recommending continuing with past practice. BUDGETIMPACT No budget impact if the City does not waive limits. ACTION REQUESTED The Andover City Council is requested to not waive the monetary limits on tort liability established by Minnesota Statutes 466.04. M lly submitted, Jim ickinson A ent SECTION I: LIABILITY COVERAGE WAIVER FORM Cities obtaining liability coverage from the League of Minnesota Cities Insurance Trust must decide whether or not to waive the statutory tort liability limits to the extent of the coverage purchased. The decision to waive or not to waive the statutory limits has the following effects: • If the city does not waive the statutory tort limits, an individual claimant would be able to recover no more than $500,000. on any claim to which the statutory tort limits apply. The total which all claimants would be able to recover for a single occurrence to which the statutory tort limits apply would be limited to $1,500,000. These statutory tort limits would apply regardless of whether or not the city purchases the optional excess liability coverage. • If the city waives the statutory tort limits and does not purchase excess liability coverage, a single claimant could potentially recover up to $1,500,000. on a single occurrence. The total which all claimants would be able to recover for a single occurrence to which the statutory tort limits apply would also be limited to $1,500,000., regardless of the number of claimants. • If the city waives the statutory tort limits and purchases excess liability coverage, a single claimant could potentially recover an amount up to the limit of the coverage purchased. The total which all claimants would be able to recover for a single occurrence to which the statutory tort limits apply would also be limited to the amount of coverage purchased, regardless of the number of claimants. Claims to which the statutory municipal tort limits do not apply are not affected by this decision. This decision must be made by the city council. Cities purchasing coverage must complete and return this form to LMCIT before the effective date of the coverage. For further information, contact LMCIT. You may also wish to discuss these issues with your city attorney. City of Andover accepts liability coverage limits of $ from the League of Minnesota Cities Insurance Trust (LMCIT). Check one: ❑ The city DOES NOT WAIVE the monetary limits on municipal tort liability established by Minnesota Statutes 466.04. ❑ The city WAIVES the monetary limits on tort liability established by Minnesota Statutes 466.04, to the extent of the limits of the liability coverage obtained from LMCIT. Date of city council meeting Signature Position Return this completed form to LMCIT, 145 University Ave. W., St. Paul, MN. 55103 -2044 Page 14 AN&6W 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 (763) 755 -5100 FAX (763) 755 -8923 • WWW.CI.ANDOVER.MN.US TO: Mayor and Councilmembers CC: Jim Dickinson, City Administrator / Finance Director FROM: Lee Brezinka, Assistant Finance Director SUBJECT: Call for Outstanding Bonds/ General Obligation State Aid Street Bonds, Series 2001B & General Obligation Improvement Bonds, Series 2005A DATE: November 17, 2009 INTRODUCTION The $2,755,000 General Obligation (G.O.) State Aid Street Bonds, Series 2001B, were used to finance various state aid street projects in the City. The remaining outstanding bonds that were not refunded with the $2,365,000 G.O. Bonds, Series 2009A, are callable and would yield interest expense savings. The $3,560,000 G.O. Improvement Bonds, Series 2005A, were used to finance various improvement projects in the City. A portion of the bonds are callable and would yield interest expense savings. DISCUSSION The Finance Department reviewed the debt service fund for the $2,755,000 G.O. State Aid Bonds and concurs that the City has funds on hand to redeem outstanding bonds totaling $500,000 (due in 2011 - 2013), which will yield interest expense savings of approximately $43,880. The Finance Department reviewed the debt service fund for the $3,560,000 G.O. Improvement Bonds and concurs that the City has funds on hand to redeem outstanding bonds totaling $1,270,000(due in 2012 - 2013), which will yield interest expense savings of approximately $115,003. BUDGET IMPACT The call will yield a savings of approximately $158,883 of interest expense in the debt service funds for the G.O. State Aid Bonds, Series 200113 and G.O Improvement Bonds, Series 2005A. ACTION REQUESTED The City Council is requested to approve the attached resolution for formal authorization of the calling of G.O. State Aid Bonds, Series 2001B, and G.O Improvement Bonds, Series 2005A. Respectfully submitted, Lee Brezinka Attachment: Resolution EXTRACT OF MINUTES OF A MEETING OF THE CITY COUNCIL CITY OF ANDOVER, MINNESOTA HELD: November 17, 2009 Pursuant to due call and notice thereof, a regular or special meeting of the City Council of the City of Andover, Anoka County, Minnesota, was duly held at City Hall on November 17, 2009, at 7:00 o'clock p.m. for the purpose, in part, of authorizing the call of certain outstanding bonds. The following members were present: and the following were absent: Councilmember introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION AUTHORIZING THE CALL OF OUTSTANDING GENERAL OBLIGATION STATE AID STREET BONDS, SERIES 2001B AND GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 2005A A. WHEREAS, the City has issued $2,755,000 General Obligation State Aid Street Bonds, Series 2001B, dated June 1, 2001 (the "2001 Bonds ") to finance various state aid street projects in the City; and B. WHEREAS, the City has issued $3,560,000 General Obligation Improvement Bonds, Series 2005A, dated April 28, 2005 (the "2005 Bonds ") to finance various improvement projects in the City; and C. WHEREAS, in connection with the issuance of the 2001 Bonds, the City established a General Obligation State Aid Street Bonds, Series 2001B Fund (the "2001 Debt Service Account "); and D. WHEREAS, in connection with the issuance of the 2005 Bonds, the City established a General Obligation Improvement Bonds, Series 2005A Fund (the "2005 Debt Service Account "); and E. WHEREAS, as of November 17, 2009, the cash balance in the 2001 Debt Service Account was $25,133 and the City anticipates an additional $682,478 to be deposited in the 2001 Debt Service Account by February 1, 2010. The remaining outstanding balance of principal and interest due on the 2001 Bonds is $707,611, which includes the regularly scheduled February 1, 2010 interest and principal payment. Consequently, the balance in the 2001 Debt Service Account will be not less than the remaining outstanding principal and interest requirements of the 2001 Bonds on February 1, 2010; and 2427641v1 F. WHEREAS, as of November 17, 2009, the cash balance in the 2005 Debt Service Account was $896,371 and the City anticipates an additional $1,261,046 to be deposited in the 2005 Debt Service Account by February 1, 2010. The outstanding balance of principal and interest due on the 2005 Bonds is $1,892,490, which includes the regularly scheduled February 1, 2010 interest and principal payment; and G. WHEREAS, the 2001 Bonds maturing in the years 2011 through 2013, aggregating $500,000 in principal amount are subject to redemption on February 1, 2010, and on any interest payment date thereafter, at a price of par plus accrued interest; and H. WHEREAS, the 2005 Bonds maturing in the years 2012 and 2013, aggregating $1,270,000 in principal amount are subject to redemption on February 1, 2010, and on any interest payment date thereafter, at a price of par plus accrued interest; and NOW, THEREFORE, be it resolved by the City Council of the City of Andover, Minnesota, as follows: 1. The Council hereby determines that there will be sufficient money in the 2001 Debt Service Account established by the resolution duly adopted by the Council on June 5, 2001, to prepay on February 1, 2010, $500,000 aggregate principal amount of 2001 Bonds maturing in the years 2011 through 2013. 2. The Council hereby determines that there will be sufficient money in the 2005 Debt Service Account established by the resolution duly adopted by the Council on April 5, 2005, to prepay on February 1, 2010, $1,270,000 aggregate principal amount of 2005 Bonds maturing in the years 2012 and 2013. 3. U.S. Bank National Association, in St. Paul, Minnesota, the bank at which principal and interest on the 2001 Bonds and 2005 Bonds are payable, is hereby authorized and directed to cause the Notices of Redemption attached hereto as Exhibit A and Exhibit B to be given in accordance with the provisions of the resolution relating to the 2001 Bonds and the 2005 Bonds. 4. No further action shall be required of the Council to complete prepayment of the 2001 Bonds and 2005 Bonds. The motion for the adoption of the foregoing resolution was duly seconded by Councilmember , and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: 2427641v1 2 Whereupon the resolution was declared duly passed and adopted. Adopted on November 17, 2009. Approved: Mayor Attest: Administrator 2427641x1 3 EXHIBIT A NOTICE OF CALL FOR REDEMPTION GENERAL OBLIGATION STATE AID STREET BONDS, SERIES 2001B CITY OF ANDOVER, ANOKA COUNTY, MINNESOTA NOTICE IS HEREBY GIVEN that by order of the City Council of the City of Andover, Washington County, Minnesota, there have been called for redemption and prepayment on February 1, 2010 those outstanding bonds of the City designated as General Obligation State Aid Street Bonds, Series 2001B, dated June 1, 2001, having stated maturity dates or subject to mandatory redemption in the years 2011 through 2013, totaling $500,000 in principal amount and having CUSIP numbers listed below. Year CUSIP No. 2011 034313 TR 7 2012 034313 TS 5 2013 034313 TT 3 The bonds are being called at a price of par plus accrued interest to February 1, 2010, on which date all interest on said bonds will cease to accrue. Holders of the bonds hereby called for redemption are requested to present their bonds for payment at U.S. Bank National Association, Attention: Paying Agent Services, 60 Livingston Avenue, St. Paul, Minnesota 55107. Dated: November 17, 2009. BY ORDER OF THE CITY COUNCIL, CITY OF ANDOVER, MINNESOTA /s/ , City Administrator *The City shall not be responsible for the selection of or use of the CUSIP numbers, nor is any representation made as to their correctness indicated in the notice. They are included solely for the convenience of the holders. 2427641v1 A-1 EXHIBIT B NOTICE OF CALL FOR REDEMPTION GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 2005A CITY OF ANDOVER, ANOKA COUNTY, MINNESOTA NOTICE IS HEREBY GIVEN that by order of the City Council of the City of Andover, Washington County, Minnesota, there have been called for redemption and prepayment on February 1, 2010 those outstanding bonds of the City designated as General Obligation Improvement Bonds, Series 2005A, dated April 28, 2005, having stated maturity dates in the years 2012 and 2013, totaling $1,270,000 in principal amount and having CUSIP numbers listed below. Year CUSIP No. 2012 034313 WP 7 2013 034313 WQ 5 The bonds are being called at a price of par plus accrued interest to February 1, 2010, on which date all interest on said bonds will cease to accrue. Holders of the bonds hereby called for redemption are requested to present their bonds for payment at U.S. Bank National Association, Attention: Paying Agent Services, 60 Livingston Avenue, St. Paul, Minnesota 55107. Dated: November 17, 2009. BY ORDER OF THE CITY COUNCIL, CITY OF ANDOVER, MINNESOTA /s/ . City Administrator *The City shall not be responsible for the selection of or use of the CUSIP numbers, nor is any representation made as to their correctness indicated in the notice. They are included solely for the convenience of the holders. 2427641v1 B_1 5. ANY O F D 6 1685 CROSSTOWN BOULEVARD N.W. • ANDOVE INNESOTA 55304 (763) 755 -5100 FAX (763) 755 -8923 • WWW.0 DOVER.MN.US TO: Mayor and Council Members , a CC: Jim Dickinson, City Administrato FROM: David D. Berkowitz, Director of Public orks /City Engineer SUBJECT: Approve Amended Assessment Roll for City Project 08- 37/157 Avenue NW Reconstruction (MSAS 102) — Engineering DATE: November 17, 2009 INTRODUCTION The City Council is requested to approve the resolution amending the assessment roll for City Project 08- 37/157' Avenue NW Reconstruction. DISCUSSION When the planning for the 157 Avenue NW Reconstruction project began there was a property (264 157 Avenue NW, PIN 24- 32 -24 -12 -0010) that was identified by County records to be one parcel. The property owner had verbally identified to staff that the property had been split, but there was no record of that. As our records indicated at the beginning of the project this was only one parcel. Since that time the property owners have resolved the issue with the County and there are now two lots that exist. The original PIN 24- 32 -24 -12 -0010 is now split into PIN 24- 32- 24 -12- 0011 and PIN 24- 32 -24 -12 -0012. Refer to the attached before and after parcel maps. The value for those assessments will not change. Parcel 24- 32 -24 -12 -0012 is an agricultural property which can be deferred as identified in the City's Assessment Manuel. This deferral approval will be covered in a subsequent item. Both property owners had been sent proper notification of the Assessment Hearing that was held on November 4, 2009. The Amended Assessment Roll is on file with the City Clerk for review. BUDGETIMPACT The assessment values will not change; therefore there is no budget impact. ACTION REQUIRED The City Council is requested to approve the resolution amending the assessment roll for City Project 08- 37/157 Avenue NW Reconstruction. Respectfully submitted, David D. Berkowitz Attachments: Resolution.-Par el Maps & Assessment Roll Changes c.c. Ken Slyzuk, 14124 Crosstown Blvd. NW, Andover Philip and Lorraine Nyholm, 264 — 157 Ave. NW, Andover CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. MOTION by Councilmember to adopt the following: A RESOLUTION ADOPTING THE AMENDED ASSESSMENT ROLL FOR THE IMPROVEMENT OF PROJECT NO. 08 -37 157 AVENUE NW RECONSTRUCTION (MSAS 102) . NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF ANDOVER, MINNESOTA: 1. Such proposed assessment, a copy of which is attached hereto and made part hereof, is hereby accepted and shall constitute the special assessment against the lands named therein, and each tract of land therein included is hereby found to be benefited by the proposed improvement in the amount of the assessment levied against it. 2. Such assessment shall be payable in equal annual installments, extending over a period of 10 years, the first of the installments to be payable on or before the 1st Monday in January, 2010 and shall bear interest at a rate of 4.5 percent per annum from the date of the adoption of this assessment resolution. 3. The owner of any property so assessed may, at any time prior to certification of the assessment or the first installment thereof to the county auditor, pay the whole of the assessment on such property, with interest accrued to the date of payment, to the municipal treasurer, except that no interest shall be charged if the entire assessment is paid within 30 days from the adoption thereof; and, except as hereinafter provided, the owner may at any time prior to November 15 of any year, prepay to the treasurer of the municipality having levied said assessments, the whole assessment remaining due with interest accrued to December 31 of the year in which said prepayment is made. MOTION seconded by Councilmember and adopted by the City Council at a regular meeting this 17 day of November 2009 , with Councilmembers voting in favor of the resolution, and Councilmembers voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: Michael R. 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ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.CI.ANDOVER.MN.US TO: Mayor and Council Members CC: Jim Dickinson, City Administrat6r FROM: David D. Berkowitz, Director of Public Works /City Engineer SUBJECT: Approve Resolution for Deferred Assessment PIN 24- 32- 24 -12- 0012/08- 37/157 Avenue NW Reconstruction (MSAS 102) — Engineering DATE: November 17, 2009 INTRODUCTION The City Council is requested to approve the attached resolution deferring the assessment for PIN 24- 32- 24 -12- 0012/08- 37/157 Avenue NW Reconstruction. DISCUSSION This parcel has recently been split from 264 157` Avenue NW. The parcel is identified on the County records as agricultural which meet the "Green Acres" designation. Page 12 of the City's Assessment Manuel identifies that "Such assessments can be deferred for up to 15 years without interest and if the property has not been subdivided for improvements constructed thereon within that period of time, the assessment shall be cancelled. All active agricultural property with deferred assessments that are subsequently subdivided or have improvements constructed thereon which have access to the improvement shall require the payment of such assessments in five equal annual installments with interest thereon at the maximum rate allowed by Minnesota law in effect at the time on unpaid special assessments ". ACTION REQUIRED The City Council is requested to approve the attached resolution deferring the assessment for PIN 24- 32- 24 -12- 0012/08 - 37/157' Avenue NW Reconstruction. Respectfully submitted, r /` a,, David D. Berkowitz c.c. Ken Slyzuk —14124 Crosstown Blvd. NW, Andover Attachments: Resolution, Parcel Map Anoka County Record (Agricultural Status CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. A RESOLUTION DEFERRING ASSESSMENTS FOR PIN 24- 32 -24 -12 -0012 AS PART OF PROJECT NO. 08 -37 157 AVENUE NW RECONSTRUCTION (MSAS 102) . The assessment for properties described as follows: • PIN 24- 32 -24 -12 -0012 Such assessments shall be deferred for up to 15 years without interest and if the property has not been subdivided for improvements constructed thereon within that period of time, the assessment shall be cancelled. All active agricultural property with deferred assessments that are subsequently subdivided or have improvements constructed thereon which have access to the improvement shall require the payment of such assessments in five equal annual installments with interest thereon at the maximum rate allowed by Minnesota law in effect at the time on unpaid special assessments. Interest accrual will be based on 4.5% or ENR Index, whichever is lower. Adopted by the City Council of the City of Andover this 17 day of November , 2009. CITY OF ANDOVER Attest: Michael R. Gamache — Mayor Michelle Hartner — Deputy City Clerk C_ l 4 � 5 1 ( 4 l 1 PE r c � Linked Parcels Page 1 of 1 Welcome to the Web site of - Anoka County A hSi�mcsota COUN Home A bout Us D epartments Services Electe Offi News Prop �opme -> Departments -> Property Records & Taxation -> Property Search -> Search Results -> erty Summary -> Linked Parcels Linked Parcels General Information Property ID 24- 32 -24 -12 -0012 Segment 1 Group Remarks hst parcel is 27- 32 -24 -33 -0105 - verify it is still homestead during the linked property maint. Chain Tax Year 2010 Linked Parcels Chained Property ID Chained Segment Number Chain Position Chain Segment Type Description 28- 32 -24 -43 -0002 1 1 AGRICULTURAL 28- 32 -24 -44 -0001 1 2 AGRICULTURAL 28- 32 -24 -43 -0001 1 3 AGRICULTURAL 28- 32 -24 -22 -0004 1 4 AGRICULTURAL 21- 32 -24 -41 -0023 1 5 AGRICULTURAL 21- 32 -24 -31 -0002 1 6 AGRICULTURAL 28- 32 -24 -23 -0002 1 7 AGRICULTURAL 29- 32 -24 -41 -0003 1 8 AGRICULTURAL 28- 32 -24 -32 -0003 1 9 AGRICULTURAL 21- 32 -23 -11 -0002 1 10 AGRICULTURAL 21- 32 -23 -12 -0002 1 11 AGRICULTURAL 28- 32 -24 -21 -0001 1 12 AGRICULTURAL 21- 32 -24 -34 -0001 1 13 AGRICULTURAL 21- 32 -24 -44 -0001 1 14 AGRICULTURAL 22- 32 -24 -42 -0014 2 15 AGRICULTURAL 29- 32 -24 -14 -0029 1 16 AGRICULTURAL 24- 32 -24 -12 -0012 1 17 AGRICULTURAL 24- 32 -24 -12 -0012 2 18 AGRICULTURAL 24- 32 -24 -12 -0012 3 19 AGRICULTURAL 21- 32 -23 -11 -0002 2 20 AGRICULTURAL 21- 32 -23 -12 -0002 2 21 AGRICULTURAL 21- 32 -24 -31 -0002 2 22 AGRICULTURAL 21- 32 -24 -34 -0001 2 23 AGRICULTURAL 21- 32 -24 -44 -0001 2 24 AGRICULTURAL 22- 32 -24 -42 -0014 3 25 AGRICULTURAL 28- 32 -24 -32 -0003 2 26 AGRICULTURAL 28- 32 -24 -43 -0001 2 27 AGRICULTURAL 28- 32 -24 -43 -0002 2 28 AGRICULTURAL 28- 32 -24 -44 -0001 2 29 AGRICULTURAL 28- 32 -24 -23 -0002 2 30 AGRICULTURAL Search Another Property PRT Home Show Payment List Printable Version Developed by ASIX,Incorporated. @2004 All rights reserved. Version 1.0.3202.21516 https: // prtinfo. co. anoka. mn. us/( txwdyg452bokae45ogdoia55 ) /Parcelinfo.aspx 11/12/2009 1 ANL6 Y 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: Captain Tom Wells — Anoka County Sheriff's Office SUBJECT: Anoka County Sheriff's Department Monthly Report - Sheriff DATE: November 17, 2009 INTRODUCTION Captain Tom Wells from the Anoka County Sheriff's Office will be present to provide the Council and the citizens of Andover with an update on law enforcement activities within the City. ' DISCUSSION To be verbally presented. ACTION REQUIRED For Council information. Respectfully submitted, Captain Tom Wells Anoka County Sheriff's Office C I T Y O F ND OVE 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW. CLAN DOVER. MN. US TO: Mayor and Councilmembers FROM: Jim Dickinson, City Administrator SUBJECT: Hold Public Hearing - Discuss /Approve Resolution - RESOLUTION ADOPTING A MODIFICATION TO THE DEVELOPMENT PROGRAM FOR DEVELOPMENT DISTRICT NO. 1, A MODIFICATION TO THE TAX INCREMENT FINANCING PLAN FOR TAX INCREMENT FINANCING DISTRICT NO. 1 -1 (COUNTY NO. F9), AND A MODIFICATION TO THE TAX INCREMENT FINANCING PLAN FOR TAX INCREMENT FINANCING DISTRICT NO. 1 -2 (COUNTY NO. GI). DATE: November 17, 2009 INTRODUCTION As the City reaches the decertification dates of TIF District 1 -1 and 1 -2, City Administration would like to do some basic "housekeeping" to assure that the decertification and final close out reports for the TIF Districts goes smoothly. DISCUSSION A number of years ago (and Finance Directors ago), the budgets that were adopted for the TIF districts were under the true "pooling" concept, where the budget was not allocated by district, but by projects. Subsequent to the adoptions of those budgets, the Office of the State Auditor (OSA) is requiring the allocation by District instead of project. Since the new OSA requirement, there has been some confusion as to the most correct way to allocate the budgets. As a result, City Administration is recommending that the City process a formal adoption of a budget modification to allocate and confirm the budgets according the new OSA requirement. The attached resolution for the City Council is to document that the Council has duly prepared, reviewed and sought public input on the proposed modifications to determine their conformity with the general plans for the development and redevelopment of the City as prescribed in the comprehensive plan for the City. For the Councils review I have attached the draft TIF plan modifications that were submitted to the County and the School District. The proposed modifications only clarify the budget and the duration of the TIF Districts, the city is not modifying the boundaries or proposing any land use changes that would impact the existing Comprehensive Plan. 1 ACTION REQUESTED Receive a brief presentation, hold Public Hearing, discuss and approve the attached resolution: RESOLUTION ADOPTING A MODIFICATION TO THE DEVELOPMENT PROGRAM FOR DEVELOPMENT DISTRICT NO. 1, A MODIFICATION TO THE TAX INCREMENT FINANCING PLAN FOR TAX INCREMENT FINANCING DISTRICT NO. 1 -1 (COUNTY NO. F9), AND A MODIFICATION TO THE TAX INCREMENT FINANCING PLAN FOR TAX INCREMENT FINANCING DISTRICT NO. 1-2 (COUNTY NO. GI). 'Respec lly submitted, m ickinson Attachments 2 CITY OF ANDOVER ANOKA COUNTY STATE OF MINNESOTA Council member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION ADOPTING A MODIFICATION TO THE DEVELOPMENT PROGRAM FOR DEVELOPMENT DISTRICT NO. 1, A MODIFICATION TO THE TAX INCREMENT FINANCING PLAN FOR TAX INCREMENT FINANCING DISTRICT NO. 1 -1 (COUNTY NO. F9), AND A MODIFICATION TO THE TAX INCREMENT FINANCING PLAN FOR TAX INCREMENT FINANCING DISTRICT NO. 1 -2 (COUNTY NO. Gl). BE IT RESOLVED by the City Council ( "Council ") of the City of Andover, Minnesota ( "City"), as follows: Section 1. Recitals 1.01. The Board of Commissioners ( "Board ") of the Andover Economic Development Authority ( "EDA ") has heretofore established Development District No. 1 (the "Project Area ") and adopted a Development Program therefor. It has been proposed by the EDA and the City that the City adopt a Modification to the Development Program (the "Development Program Modification ") for the Project Area and modifications to the Tax Increment Financing Plans (the "TIF Plans ") for Tax Increment Financing District Nos. 1 -1 and 1 -2 (the "TIF Districts ") which are referred to collectively herein as the "Modifications ", all pursuant to and in conformity with applicable law, including Minnesota Statutes, Sections 469.090 to 469.1082 and Sections 469.174 to 469.1799, all inclusive, as amended, (the "Act ") all as reflected in the Modifications, and presented for the Council's consideration. 1.02. The EDA and City have investigated the facts relating to the Modifications and have caused the Modifications to be prepared. 1.03. The EDA and City have performed all actions required by law to be performed prior to the adoption and approval of the proposed Modifications, including, but not limited to, notification of Anoka County and Independent School District No. 11, having taxing jurisdiction over the property in the TIF Districts, a review of and written comment on the Modifications by the City Planning Commission, approval of the Modifications by the EDA on November 17, 2009, and the holding of a public hearing upon published notice as required by law. 1.04. The City is not modifying the boundaries of the Project Area or the TIF Districts. 1.05. The City is not extending the duration of the TIF Districts. Section 2. Findings for the Development Program Modification 2.01. The Council hereby finds that: (a) the land within the Project Area would not be available for development or redevelopment without the financial aid to be sought under the Development Program Modification; (b) the Development Program Modification will afford maximum opportunity, consistent with 3 the needs of the City as a whole, for the development of the Project Area by private enterprise; and (c) the Development Program Modification conforms to the general plan for the development of the City as a whole. 2.02. These findings are based on the facts and conditions described in the Development Program Modification, which is incorporated herein by reference. Section 3. Findings for the Modifications to the TIF Plans 3.01 The Council hereby reaffirms the original findings for the TIF Districts, namely that when they were established, each was established as a "redevelopment district ". 3.02 The modifications to the TIF Plans are being completed to clarify the budgets and duration of the TIF Districts, and to bring the TIF Plans into conformity with current Office of State Auditor requirements and legislative changes. The City is not modifying the boundaries or extending the term of the TIF Districts. 3.03 The modifications to the TIF Plans conform to the general plan for development or redevelopment of the City as a whole. The fact supporting this finding is that the modifications to the TIF Plans will generally complement and serve to implement policies adopted in the City's comprehensive plan. 3.04 The modifications to the TIF Plans will afford maximum opportunity, consistent with the sound needs of the City as a whole, for the development or redevelopment of the Project Area by private enterprise. The facts supporting this finding are that the modifications to the TIF Plans will continue the redevelopment by private enterprise that has been stimulated under the original plan for the TIF Districts. 3.05 The Council further finds the proposed development and redevelopment, in the opinion of the City, would not reasonably be expected to occur solely through private investment within the reasonably foreseeable future and therefore the use of tax increment financing is deemed necessary. Section 4. Public Purpose 4.01. The adoption of the Modifications conform in all respects to the requirements of the Act and will help fulfill a need to redevelop an area of the State which is already built up, to provide employment opportunities, to provide housing opportunities, to improve the tax base and to improve the general economy of the State and thereby serves a public purpose. Section 5. Approval and Adoption of the Modifications 5.01. The Modifications, as presented to the Council on this date, are hereby approved, ratified, adopted and shall be placed on file in the office of City Administrator. 5.02. The staff, the City's advisors and legal counsel are authorized and directed to proceed with the implementation of the Modifications and for this purpose to negotiate, draft, prepare and present to this Council for its consideration all further Modifications, resolutions, documents and contracts necessary for this purpose. Approval of the Modifications does not constitute approval of any project or a Development Agreement with any developer. 5.03. The City Administrator is authorized and directed to forward a copy of the Modifications to the Commissioner of the Minnesota Department of Revenue and the Office of the State Auditor pursuant to M.S., Section 469.175, Subd. 4a. 4 5.04. The City Administrator is further authorized and directed to file a copy of the Modifications with Anoka County Auditor. The motion for the adoption of the foregoing resolution was duly seconded by Council member , and upon a vote being taken thereon, the following voted in favor thereof: and the following voted against the same: Dated: November 17, 2009 ATTEST: Mike Gamache, Mayor Jim Dickinson, City Administrator (Seal) 5 n k Tax Increment Financing District Overview City of Andover Development District No. 1 and Tax Increment Financing District Nos. 1 -1 and 1 -2 - 2009 Modifications The following summary contains an overview of the basic elements of the Modification to the Development Program for Development District No. 1 and the modifications to the Tax Increment Financing Plans for Tax Increment Financing District No. 1 -1 (County No. F9) and Tax Increment Financing District No. 1 -2 (County No. Gl). More detailed information on each of these topics can be found in the complete Development Program Modification and Tax Increment Financing Plan Modifications. Proposed Action: Modification to the Development Program for Development District No. 1 • Bringing the Development Program into conformity with current Office of State Auditor requirements and legislation Modifications to the Tax Increment Financing Plans for Tax Increment Financing District Nos. 1 -1 and 1 -2: • Modifying the budget to clarify the budget and duration of the TIF Districts • Bringing the TIF Plan into conformity with current Office of State Auditor requirements and legislation • The modifications do not enlarge the geographical area of the TIF Districts or extend the term of the TIF Districts Type of TIF Both are redevelopment districts District: Maximum The modifications do not change the term of the TIF Districts. Duration: The first increment for TIF District No. 1 -1 was received in 1987. It is estimated that the District would terminate on or before December 31, 2012. The first increment for TIF District No. 1 -2 was received in 1989. It is estimated that District would terminate on or before December 31, 2014. EHLERS LEADERS IN PUBLIC FINANCE 6 T N -0 r1T'- .i• ■nom �/ /ate .�a ■r. ■. ■ ■.. ■.. ■ � ■ pIr.o■ � w■■f ■aw . ' I 1 I����r�r� ■f�iru��aV�ii . I���r�I1�1 �IIILr r■ I } 1 1w w ■ �� a ■■ pie■ ■�ra� �■ ±�+ �I a ��'� ■, r �- '„"' �r.wa iif ,!■ hs + n ulG 7 1■' G. ■ ` �i■ ; r1 - r• U, �l r .�ll JEW �r..�h■ Ilraaxax= ie� ■rr �r "I�I ���� �• �.,,M- 9�� ��' = 14111 �ii1■ ■1:1571■ ■C� 'Illll� r � 1•• � :,, C v; � 1�1�`�1_ = � ■� r • 1i ♦` = i `._. j�r��- €� .)� .-- ` / � ■■�.'� ■a ■C ■■ +��■. ■fl�■.,Illflllla a` r x i I � ' F �■• 1 r• . +_ 411 . -, 1 .r �I ��q■ MA ago WIN IS�'I�.■r�1�1■1�r 1 1 ■.■ R■ �■r ■Ir '� �' r t no �■ 1nr* � �t l�1� ■... �� �� 1 r �11 g� I -�i /�� � Wfl�� `'r' . �� ■ ■wl.■ I� F� . Y• �� �' -h i.. *7Yaf ■ ■ ►�'� \i l.�■ �■■ � j ■� . e J " � k y � Ewa r■ � �II �t �, it \•i ■Yt �-1 c L ✓•� J w�,�, ;w �� � s■r� ti'' .rar■I■ ■fir lr r u■nr �r��.��! ■��■� �� iii 1 \± - I�,.■■��ur , �r.`� ���.��, � ��� ■� :::' ■.. ' r ,w� t in ' w I_a r r .�I IIII. O Jx11�� la a r ��,. ��, ,� �� 11111IIIIli1•„ alai �1 i ::iBM mm Oft ZI IB >a � ��., /� � . .�.•�Y1��, Y < < , ,I,u � � , _ r■ S ^- _ ♦ i�� i , L � £ dr. , .�-'Illfri \iy i ., �� ` / t• � xr �1_ � J � i. , :.P 11 .■ to L {,:� 11- R Yr' / ■ t R All, _ G � /, E . 3 Y. 7tk:1 R L Imo. IWO '+Fl u z s r 'r � r� i.�� I :L•C= :: _ - I �_I- '.�:I I i � �rw E As of November 11, 2009 Draft for EDA/City Council Review /Public Hearing MODIFICATION TO THE DEVELOPMENT PROGRAM FOR DEVELOPMENT DISTRICT NO. 1 and the MODIFICATIONS TO THE TAX INCREMENT FINANCING PLANS for TAX INCREMENT FINANCING DISTRICT NO. 1 -1 (COUNTY NO. 179) and TAX INCREMENT FINANCING DISTRICT NO. 1 -2 (COUNTY NO. G1) both redevelopment districts located within DEVELOPMENT DISTRICT NO. 1 C f T 1' O R NDOW ANDOVER ECONOMIC DEVELOPMENT AUTHORITY CITY OF ANDOVER ANOKA COUNTY STATE OF MINNESOTA TIF District No. 1 -1 Adopted: July 29, 1986 TIF District No. 1 -2 Adopted: September 2, 1986 Public Hearing on the Modifications: November 17, 2009 Modifications Adopted: s E H L E R S Prepared by: EHLERS & ASSOCIATES, INC. 3060 Centre Pointe Drive, Roseville, Minnesota 55113 -1105 LEADERS IN PUBLIC FINANCE 651 -697 -8500 fax: 651 - 697 -8555 www.ehlers- ino.com 8 TABLE OF CONTENTS (for reference purposes only) MUNICIPAL ACTION TAKEN .......................... ............................... i SECTION I. DEVELOPMENT PROGRAM FOR DEVELOPMENT DISTRICT NO. 1 ................ 1 -1 Subsection 1.1. Definitions .......................... ............................1 -1 Subsection 1.2. Statement and Finding of Public P ose .............................. 1 -2 Subsection 1.3. Statutory Authority ................ ............................... 1 -2 Subsection 1.4. Statement of Objectives .. up . O .... ............................... 1 -2 Subsection 1.5. Estimated Public Costs and Supportive Data ........................... 1 -3 Subsection 1.6. Environmental Control ............ ............................... 1 -6 Subsection 1.7. Proposed Reuse of Property ........ &vel .. ....... .. ...... ........ 1 -6 Subsection 1.8. Administration and Maintenance of the Devel onment District ............. 1 -7 Subsection 1.9. Rehabilitation .................... ............................... 1 -7 Subsection 1.10. Relocation .............. .. .... .. .... ... ........................ 1 -7 Subsection 1.11. Boundaries of the Development District .............................. 1 -7 Subsection 1.12. Parcels to be Acquired or Which may be Acquired in Whole or in Part Within the Development District ............. ............................... 1 -8 SECTION 1I. TAX INCREMENT FINANCING PLAN FOR TAX INCREMENT FINANCING DISTRICT NO. 1 -1 . ............................... 2 -1 Subsection 2.1. Statement of Objectives ............ ............................... 2 -1 Subsection 2.2. Development Program ............................................ 2 -1 Subsection 2.3. Parcels to be Included in Tax Increment Financing District No ............. 2 -1 Subsection 2.4. Parcels in Acquisition .............. ............................... 2 -1 Subsection 2.5. Development Activity in the Development District for which Contracts have beenSighed . ................... ............................... .2 -2 Subsection 2.6. Other Specific Development Expected to Occur within the Development District. . 2 -2 Subsection 2.7. Estimated Cost of Prq j'ect ........... ............................... 2 -2 Subsection 2.8. Estimated Amount of Bonded Indebtedness ............................ 2 -3 Subsection 2.9. Sources of Revenue ................ ............................... 2 -4 Subsection 2.10. Estimated Original and Captured Assessed Values and Estimate of Tax Increment ......................... ............................2 -4 Subsection 2.11. Mill Rate ....................... ............................... 2 -5 Subsection 2.12. Tax Increment ................... ............................... 2 -5 Subsection 2.13. Capitalized Interest ................ ............................... 2 -5 Subsection 2.14. Investment Interest Rate ........... ............................... 2 -5 Subsection 2.15. Type of Tax Increment Financing District ............................ 2 -5 Subsection 2.16. Duration of Tax Increment Financing District No 1 -1 .................. 2 -6 Subsection 2.17. Estimated Impact on Other Taxing Jurisdictions ....................... 2 -6 Subsection 2.18. Tax Increment Financing Account for Tax Increment Financing DistrictNo. 1 -1 . ................. ............................... 2 -8 Subsection 2.19. Modification of Tax Increment Financing District No 1 -1 and/or Tax Increment Financing Plan .......... ............................... 2 -8 Subsection 2.20. Administrative Expenses .......... ............................... 2 -8 Subsection 2.21. Use of Tax Increment . ............. ............................... 2 -9 Subsection 2.22. Excess Increments . .............. ............................... 2 -10 9 SECTION III. TAX INCREMENT FINANCING PLAN FOR TAX INCREMENT FINANCING DISTRICT NO. 1 -2 . ............................... 3 -1 Subsection 3.1. Statement of Objectives . ............ ............................... 3 -1 Subsection 3.2. Development Program . ............. ............................... 3 -1 Subsection 3.3. Parcels to be Included in Tax Increment Financing District No 1 -2 ......... 3 -1 Subsection 3.4. Parcels in Acquisition . ............. ............................... 3 -1 Subsection 3.5. Development Activity In the Development District for which Contracts have beenSigned . ....................... ............................3 -1 Subsection 3.6. Other Specific Development Expected to Occur within the Development District. .................... ............................... ..3 -2 Subsection 3.7. Estimated Cost of Project ............ ............................... 3 -2 Subsection 3.8. Estimated amount of Bonded Indebtedness ............................. 3 -2 Subsection 3.9. Sources of Revenue . ............... ............................... 3 -3 Subsection 3.10. Estimated Original and Captured Assessed Values and Estimate of Tax Increment .................... ............................... 3 -3 Subsection 3.11. Mill Rate . ...................... ............................... 3 -4 Subsection 3.12. Tax Increment . .................. ............................... 3 -4 Subsection 3.13. Capitalized Interest ................ ............................... 3 -4 Subsection 3.14. Investment Interest Rate ............ ............................... 3 -4 Subsection 3.15. Type of Tax Increment Financing District ............................ 3 -4 Subsection 3.16. Duration of Tax Increment Financing District No 1 -2 .................. 3 -5 Subsection 3.17. Estimated Impact on Other Taxing Jurisdictions ....................... 3 -5 Subsection 3.18. Tax Increment Financing Account for Tax Increment Financing DistrictNo. 1 -2 . ................. ............................... 3 -6 Subsection 3.19. Modification of Tax Increment Financing District No 1 -2 and/or Tax Increment Financing Plan . ......... ............................... 3 -6 Subsection 3.20. Administrative Expenses . .......... ............................... 3 -7 Subsection 3.21. Use of Tax Increment . ............. ............................... 3 -7 Subsection 3.22. Excess Increments . ............... ............................... 3 -8 10 MUNICIPAL ACTION TAKEN Based uponthe statutory authority described in the Development Program attached hereto, the public purpose findings by the City Council and for the purpose of fulfilling the City's development objectives as set forth in the Development Program, the City Council has created, established and designated Development District No. 1 pursuant to and in accordance with the requirements of Minnesota Statutes, Section 469.126. The following municipal action was taken in connection therewith; July 29,1986: The Development Program for Development District No. 1 was adopted by the City Council. September 2, 1986: The Development Program for Development District No. 1 was modified by the City Council. September 15, 1987: The Development Program for Development District No. 1 was modified by the City Council. April 5,1994: The Development Program for Development District No. l was transferred by the City Council to the Andover Economic Development Authority ( "EDA "). February 21, 1995: The Development Program for Development District No. 1 was modified by the EDA to reflect increased geographic area and increased project costs. September 19, 1995: The Development Program for Development District No. 1 was modified to increase authorized public costs, increase maximum bonded indebtedness and identify additional parcels for potential acquisition. June 20, 2000: The Development Program for Development District No. 1 was modified by the EDA to reflect increased public costs (Subsection 1.5) and technical and clarifying changes in Subsections 1. 1, 1.3, 1.8, 1.10, 1.12. November 17,2009: The Development Program for Development District No. I was modified to clarify the budgets and duration of TIF District Nos. 1 -1 and 1 -2. The following municipal action was taken with regard to the Tax Increment Financing Districts located within Development District No. 1: Tax Increment Financing District No 1 -1 July 29, 1986: The Tax Increment Financing Plan for Tax Increment District No. 1 was adopted by the City Council. September 2, 1986: The Tax Increment Financing Plan for Tax Increment Financing District No. 1 -1 was modified by the City Council. September 15, 1987: The Tax Increment Financing Plan for Tax Increment Financing District No. 1 -1 was modified by the City Council. April 5, 1994: The Tax Increment Financing Plan for Tax Increment Financing District No. 1 -1 was City of Andover Municipal Action Taken i 11 transferred by the City Council to the Andover Economic Development Authority ( "EDA "). February 21, 1995: The Tax Increment Financing Plan for Tax Increment Financing District No. 1 -1 was modified by the EDA to reflect increased geographic area and increased project costs within Development District No. 1. September 19, 1995: The Tax Increment Financing Plan for Tax Increment Financing District No. 1 -1 was modified to increase authorized public costs, increase maximum bonded indebtedness and identify additional parcels for potential acquisition. June 20,2000: The Tax Increment Financing Plan for Tax Increment Financing District No.1 -1 was modified to reflect increased expenditures, increased maximum bonded indebtedness, and general revisions to reflect current statutory references and provisions. November 17,2009: The Tax Increment Financing Plan for Tax Increment Financing District No. 1-1 was modified to clarify the budget and duration. Tax Increment Financing District No. 1 -2: September 2, 1986: The Tax Increment Financing Increment Financing Plan for Tax Increment Financing District No. 1 -2 was adopted by the City Council. April 5, 1994: The Tax Increment Financing Plan for Tax Increment Financing District No. 1 -2 was transferred by the City Council to the Andover Economic Development Authority ( "EDA "). February 21, 1995: The Tax Increment Financing Plan for Tax Increment Financing District No. 1 -2 was modified by the EDA to reflect increased geographic area and increased project costs within Development District No. 1. November 17,2009: The Tax Increment Financing Plan for Tax Increment Financing District No. 1-2 was modified to clarify the budget and duration. Tax Increment Financing District No. 1 -3: October 7, 1997: The Tax Increment Financing Increment Financing Plan for Tax Increment Financing District No. 1 -2 was adopted by the City Council. Tax Increment Financine District No. 1 -4: September 21, 2004: The Tax Increment Financing Increment Financing Plan for Tax Increment Financing District No. 1 -2 was adopted by the City Council. City of Andover Municipal Action Taken 12 SECTION I. DEVELOPMENT PROGRAM FOR DEVELOPMENT DISTRICT NO. 1 Subsection I. I. Definitions. The terms defined below shall, for purposes of this Development Program, have the meanings herein specified, unless the context otherwise specifically requires: "City" means the City of Andover, a municipal corporation and political subdivision of the State of Minnesota. "Comprehensive Plan" means the City's Comprehensive Plan which contains the objectives, policies, standards and programs to guide public and private land use, development, redevelopment and preservation for all lands and water within the City. "Council" means the City Council of the City, also referred to as the governing body. (See "Governing Body" below). "County" means the County of Anoka, Minnesota. "Development District Act" means the statutory provisions of Minnesota Statues, Sections 469.124 through 469.134 as amended and supplemented. "Development District" means Development District No. 1 in the City, which is created and established hereto pursuant to and in accordance with the Development District Act, and is geographically described in Section 1, Subsection 1.11. of the Development Program. The Development District serves as the Project area for the purposes of Minnesota Statutes, Section 469.174, Subdivision 8. "Development Program" means this Development Program for Development DistrictNo.1, initially adopted by the Council on July 29, 1986. As defined in Minnesota Statues, Section 469.125, Subdivision 3, a development program is a statement of objectives of the City for improvement of a development district which contains a complete statement as to the public facilities to be constructed within the district, the open space to be created, the environmental controls to be applied, the proposed reuse of private property and the proposed operations of the district after the capital improvements within the district have been completed. "EDA" means the Economic Development Authority for the City of Andover operating pursuant to Minnesota Statutes, Sections 469.090 through 469.1082. "Governing Body" means the duly elected City Council as defined in Minnesota Statutes Section 472A.02, subdivision 10. "State" means the State of Minnesota "Tax Increment Bonds" means any general obligation or revenue tax increment bonds issued and to be issued by the City to finance the public costs associated with Development District No. I as stated in the Development Program and in the Tax Increment Financing Plan for each Tax Increment Financing District within Development DistrictNo.1. The term "Tax Increment Bonds" shall also include any obligations issued to refund the Tax Increment Bonds. "Tax Increment Financing District" means any tax increment financing district presently established or to be established in the future within Development District No. 1. City of Andover Development Progmm'for Development District No. I 1 -1 13 "Tax Increment Financing Act" means the statutory provisions of Minnesota Statutes, Sections 469.174 through 469.1799 inclusive, as amended. "Tax Increment Financing Plan" means the respective Tax Increment Financing Plan for each Tax Increment Financing District located within Development District No. 1. Subsection 1.2. Statement and Finding of Public Purpose. The City Council (the "Council ") of the City of Andover (the "City ") determines that there is a need for development and redevelopment within the corporate limits of the City in Development District No. 1 (the "Development District") to provide employment opportunities, to improve the tax base and to improve the general economy of the State. It is found that the area within the Development District is potentially more useful and valuable than is being realized under existing development, is less productive than is possible under this program and, therefore, is not contributing to the tax base to its full potential. Therefore, the City has determined to exercise its authority to develop a program for improving the Development District of the City to provide impetus for private development, to maintain and increase employment, to utilize existing potential and to provide other facilities as are outlined in the Development Program adopted and modified by the City. The Council has also determined that the proposed development would not occur solely through private investment in the foreseeable future; that the tax increment financing plans proposed herein are consistent with the Development Program; and that the tax increment financing plans will afford maximum opportunity, consistent with the sound needs of the municipality as a whole, for the development or redevelopment of the Development District by private enterprise. The Council finds that the welfare of the City as well as the State of Minnesota requires active promotion, attraction, encouragement and development of economically sound industry and commerce to carry out its stated public purpose objectives. Subsection 1.3. Statutory Authority The Council determines that it is desirable and in the public interest to establish, develop and administer a Development Program for the Development District in the City to implement its Development District Plan, pursuant to the provisions of Minnesota Statutes. Funding of the necessary activities and improvements in the Development District shall be accomplished through tax increment financing in accordance with Minnesota Statutes, and through the use of industrial revenue bonds pursuant to the provisions of Chapter 474, as amended, of Minnesota Statutes (the "Municipal Industrial Development Act "). The City has designated a specific area within the corporate limits of the City as the Development District as authorized by Section 469.126 of the Development District Act which is hereby amended as outlined in this document. Within the Development District, the City has established three tax increment financing districts. Subsection 1.4. Statement of Objectives The Council determines that the establishment of the Development District will provide the City with the ability to achieve certain public purpose goals not otherwise obtainable in the foreseeable future without City intervention in the normal development process. The public purpose goals include: restoration and improvement of the tax base and tax revenue generating capacity of the Development District; increased employment opportunities; realization of comprehensive planning goals; removal of blighted conditions; revitalization ofthe property withinthe Development District to create an attractive, comfortable, convenient, and efficient area for industrial, commercial, and related uses. City of Andover Development Program for Development District No. 1 1 -2 14 The City and Council seek to achieve the following Development Program objectives: 1. Promote and secure the prompt development ofeertain property in the Development District, which property is not now in productive use or in its highest and best use, in a manner consistent with the City's Comprehensive Plan and with a minimum adverse impact on the environment, and thereby promote and secure the development of other land in the City. 2. Promote and secure additional employment opportunities within the Development District and the City for residents of the City and the surrounding area, thereby improving living standards, reducing unemployment and the loss of skilled and unskilled labor and other human resources in the City. 3. Secure the increase of commercial property subject to taxation by the City, Independent School DistrictNo. 11, Anoka County, and the other taxing jurisdictions in order to better enable such entities to pay for governmental services and programs required to be provided by them. 4. Provide for the financing and construction of public improvements in and adjacent to the Development District, necessary for the orderly and beneficial development of the Development District and adjacent areas of the City. 5. Promote the concentration of new desirable residential, commercial, office, and other appropriate development in the Development District so as to maintain the area in a manner compatible with its accessibility and prominence in the City. 6. Encourage local business expansion, improvement, and development, whenever possible. 7. Create a desirable and unique character within the Development District through quality land use alternatives and design quality in new and remodeled buildings. 8. Encourage and provide maximum opportunity for private redevelopment of existing areas and structures which are compatible with the Development Program. Subsection 1.5. Estimated Public Costs and Supportive Data The estimated costs of the public improvements to be made within the Development District and financed by tax increments will be derived from the tax increment financing districts within the Development District. (AS ORIGINALLY ADOPTED July 29, 1986) Tax Increment Financing District No. 1 -1 Land Acquisition $2,000,000 Relocation 1,000,000 Demolition 10,000 Improvements Including: soil correction, sewer & water, sanitary sewer, street lighting, curb and gutter 1,000,000 Removal of Hazardous Waste 1,000,000 Professional Services City of Andover Development Program for Development District No. 1 1 -3 15 Estimated project costs for legal assistance, planning, design, engineering, appraisals, marketing, bond issuance costs, and other project services 1,000,000 Discount 95,000 Interest on Bonds Prior to Receipt of Tax Increment To Fully Fund Principal and Interest 1,019,281.50 Less: Interest Income Earned During the Capitalized Interest Period - Assume 6% Interest Rate 97,469.53 Total Amount of Bonds to be Sold 4,810,000 Administrative Expense 264,000 (AS MODIFIED FEBRUARY 21, 1995) The estimated costs of public improvements to be made within the Development District and financed by tax increments derived from tax increment financing districts within the Development District are modified to include the following: Public Improvements, including sewer and water trunk lines to be located north of Crosstown Boulevard and adjacent to the Andover Public Utilities Building and park property. $1,000,000 (AS MODIFIED SEPTEMBER 19, 1995) The capital and administration costs identified in the Development Program and the Tax Increment Financing Plans for Tax Increment Financing Districts Nos. 1 -1 and 1 -2 are amended to reflect the following budget increases: Land acquisition and site improvements $3,000,000 Public improvements and public facilities 11,400,000 Administration expense and costs of issuance 1.600.000 Total project costs and maximum principal of bonds to be issued $16,000,000 As part of the 2000 Modifications, the budget for District No. 1 -1 has been configured to match the current annual reporting requirements. The column for each budget modification contains the expenditures added to the budget. The Bond interest payments added through the 2000 Modifications is not a new expense, but a recognition of the interest related to the principal authorized in 1995. The modified budget appears in the following table. City of Andover Development Program for Development District No. 1 1 -4 16 Original TIF 2/95 9/95 2000 Total Uses of Funds Plan Modification Modification Modification Budget Land/building acquisition 2,000,000 2,000,000 2,000,000 6,000,000 Site improvements- 1,010,000 1,000,000 2,000,000 4,010,000 preparation Installation of public 1,000,000 5,000,000 0 6,000,000 utilities Parking facilities 0 0 0 Streets and sidewalks 0 1,000,000 6,400,000 0 7,400,000 Public park facilities 0 0 0 Social, recreational, 0 0 0 conference Interest reduction payments 0 0 0 Bond principal payments 4,810,000 16,000,000 0 20,810,000 Bond interest payments 3,800,000 12,000,000 15,800,000 Loan principal payments 0 0 Loan/note interest 0 0 payments Administrative costs 264,000 1,450,000 0 1,714,000 Other Relocation 1,000,000 0 1,000,000 Discount 95,000 150,000 0 245,000 State Auditor Fee 0 0 0 Total Uses of Funds 13,979,000 1,000,000 32,000,000 16,000,000 62,979,000 The amounts above include expenditures to be made outside of District No. 1 -1 and within the Development District subject to the limitations of the Tax Increment Financing Act. Supportive Data for Estimated Costs of Improvements for the Development District Under the Development Program It was necessary to make certain assumptions regarding income, costs and timing of the tax increment financing district. These assumptions are based on discussions with City and County staff and the developers. Item Basis for Estimate Acquisition, Improvements, Estimated by City Demolition, Relocation Professional Services Estimated by City Attorney, Bond Counsel and Financial Consultant (AS MODIFIED SEPTEMBER 2, 1986) Tax Increment Financing District No. 1 -2 Land Acquisition* $450,000 Public Improvements 450,000 Credit Support Expense (e.g., Letter of Credit Fees) 4,404.75 City of Andover Development Program for Development District No. 1 1 -5 17 Signal Light 65,000 Professional Services Estimated project costs for legal assistance, planning, design engineering, appraisals, marketing, bond issuance costs, and other project services 45,375 Discount 20,500 Interest on Bonds Prior to Receipt of Tax Increment to Fully Fund Principal and Interest 86,322.50 Less: Interest Income Earned During the Capitalized Interest Period - Assumes 6% Interest Rate (4,500.23) Total Amount of Bonds to be Sold $1,300,000 Bonds Sold at this Time 1,025,000 Administrative Expense 91,500 * As part ofthe developer's responsibility, he will assure that the following public improvements are included in the site preparation: Grading, Fill, Drainage and Soil Tests; Traffic Engineering; Curbs and Gutters; Basic Landscaping; Street Lighting; Parking Lot Lighting; Parking Lot; Directional Signal; Fence; Sidewalks; Public Toilets; Fire Protection; Exterior Building Lighting. SUPPORTIVE DATA FOR ESTIMATED COSTS OF IMPROVEMENTS FOR THE DEVELOPMENT DISTRICT UNDER THE DEVELOPMENT PROGRAM It was necessary to make certain assumptions regarding income, costs and timing of the tax increment financing district. These assumptions are based on discussions with City and County staff and the developers. ITEM BASIS FOR ESTIMATE ACQUISITION, IMPROVEMENTS, DEMOLITION, RELOCATION Estimated by Developer PROFESSIONAL SERVICES Estimated by City Attorney, Bond Counsel and Financial Consultant (AS MODIFIED NOVEMBER 17, 2009) The Development District budget equals all the budgets of all tax increment financing plans adopted and any future tag increment financing plans adopted. Subsection 1.6. Environmental Control The proposed economic development in the Development District does not present significant environmental concerns. All municipal actions, public improvements and private development shall be carried out in a manner consistent with existing environmental standards. Subsection 1.7. Proposed Reuse of Property The public improvements needed to bring about the new development include acquisition of land, site improvements, and general improvements. The Development Program does not contemplate the acquisition of private property until such time as a private City of Andover Development Program for Development District No. 1 1 -6 18 developer presents an economically feasible program for the reuse of that property. It shall be the intent of the City to negotiate the acquisition of property whenever necessary. Appropriate restrictions regarding the reuse and redevelopment of property shall be incorporated into any land sale contract to which the City is a part. Subsection 1.8. Administration and Maintenance of the Development District Maintenance and operation of the public improvements will be the responsibility of the Administrator of the City who shall serve as Administrator of the Development District. The powers, duties and responsibilities of the Administrator are spelled out in the Administrative Guide for the Administration ofthe Development Program for the Development District, attached hereto as Appendix A. Each year the Administrator will submit to the Council the maintenance and operation budget for the following year. The Administrator will administer the Development District pursuant to the provisions of Section 469.131 of the Development District Act; provided, however, that such powers may only be exercised at the direction of the Council. No action taken by the Administrator pursuant to the above - mentioned powers shall be effective without authorization by the Council. Subsection 1.9. Rehabilitation. Owners of properties within the Development District will be encouraged to rehabilitate their properties to conform with the applicable state and local codes and ordinances, as well as any design standards. Owners of properties who purchase property within the Development District from the City may be required to rehabilitate their properties as a condition of sale of land. The City will provide such rehabilitation assistance as may be available from federal, state or local sources. Subsection 1.10. Relocation The City accepts its responsibility for providing for relocation pursuant to Section 469.133 of the Development District Act. Subsection 1.11. Boundaries of the Development District A. Boundaries of the Development District as established July 29 1985 PIN 34 32 24 44 0006 PIN 34 32 24 44 0008 PIN 34 34 24 44 0007 PIN 34 32 24 44 0005 PIN 34 32 24 44 0004 PIN 34 32 24 44 0003 PIN 34 32 24 44 0002 PIN 34 32 24 44 0001 PIN 35 32 24 22 0001 PIN 35 32 24 210001 PIN 35 32 24 23 0001 PIN 35 32 24 24 0001 PIN 35 32 24 12 0001 PIN 34 32 24 43 0001 PIN 34 32 24 43 0002 PIN 34 32 24 43 0004 PIN 34 32 24 410001 PIN 34 32 24 410002 PIN 34 32 24 410005 PIN 34 32 24 410004 PIN 34 32 24 410010 PIN 34 32 24 410011 PIN 34 32 24 410008 PIN 34 32 24 410007 PIN 34 32 24 410006 PIN 34 32 24 310003 PIN 34 32 24 34 0001 PIN 34 32 24 33 0001 PIR 34 32 24 42 0006 PIN 34 32 24 42 0005 PIN 34 32 24 42 0004 PIN 34 32 24 42 0001 PIN 34 32 24 42 0003 PIN 34 32 24 42 0002 PIN 34 32 24 42 0007 PIN 34 32 24 42 0008 PIN 34 32 24 42 0009 PIN 34 32 24 42 0010 PIN 34 32 24 24 0003 PIN 34 32 24 24 0001 PIN 34 32 24 24 0003 PIN 34 32 24 12 0001 PIR 34 32 24 13 0001 PIN 34 32 24 13 0002 PIN 34 32 24 110001 PIN 34 32 24 14 0001 PIN 34 32 24 14 0002 PIN 34 32 24 14 0003 PIN 34 32 24 32 0001 PIR 34 32 24 32 0002 PIN 34 32 24 32 0003 PIN 34 32 24 32 0004 PIN 34 32 24 310004 PIN 34 32 24 310005 PIN 34 32 24 310006 PIN 34 32 24 310013 PIN 34 32 24 310007 City of Andover Development Program for Development District No. 1 1.7 19 PIN 34 32 24 310008 PIN 34 32 24 310009 PIN 34 32 24 310011 PIN 34 32 24 310010 PIN 35 32 24 110001 PIN 35 32 24 14 0002 PIN 26 32 24 32 0003 PIN 26 32 24 32 0004 PIN 33 32 24 42 0001 PIN 33 32 24 43 0033 PIN 33 32 24 410001 PIN 33 32 24 44 0001 PIN 33 32 24 44 0002 PIN 34 32 24 23 0002 PIN 34 32 24 23 0003 B. Boundaries of the Development District as modified September 2 1985 All of Blocks 1, 2, 3, and 4, ANDOVER COMMUNITY SHOPPING CENTER, accordingto the plat on file in the office of the County Recorder, Anoka County, Minnesota EXCEPT Lot 1, Block 2, and also EXCEPT that part of Lot 1, Block 3 described as follows: Commencing at the northeast comer of said Lot 1, Block 3; thence South, assumed bearing, along the east line thereof 196.00 feet to the point of beginning of the land to be described; thence South 254.46 feet; thence South 51 degrees 25 minutes 23 seconds West 129.99 feet; thence North 89 degrees 49 minutes 12 seconds West 166.00 feet to a point in the west line of said Lot l; thence North 00 degrees 10 minutes 48 seconds East, along said west line, a distance of 335.00 feet; thence East 266.57 feet to the point of beginning. C. Boundaries of the Development District as modified September 15 1987 PIN 34 32 24 32 0004 D. Boundaries of the Development District as modified February 21 1995 The boundaries of the Development District are expanded to include the area designated on the attached map labeled Exhibit I -D. Subsection 1.12. Parcels to be Acquired or Which may be Acquired in Whole or in Part Within the Development District. (AS ORIGINALLY ADOPTED ON JULY 29, 1986) Tax Increment Financing District No. 1 -1 PIN 34 32 24 42 0004 PIN 34 32 24 310003 PIN 34 32 24 42 0005 PIN 34 32 24 42 0002 PIN 34 32 24 42 0006 PIN 34 32 24 42 0008 PIN 34 32 24 42 0009 PIN 34 32 24 42 0001 PIN 34 32 24 32 0003 PIN 34 32 24 14 0001 PIN 34 32 24 42 0007 PIN 34 32 24 310005 PIN 34 32 24 310006 PIN 34 32 24 42 0010 PIN 34 32 24 310007 PIN 34 32 24 310008 PIN 34 32 24 32 0002 PIN 34 32 24 310011 PIN 34 32 24 310010 PIN 34 32 24 310004 PIN 34 32 24 310013 PIN 34 32 24 310009 (AS MODIFIED ON SEPTEMBER 2, 1986) Tax Increment Financing District No. 1 -2 Lot 2, Block 3, Andover Community Shopping Center City of Andover Development Program for Development District No. 1 1.8 20 (AS MODIFIED FEBRUARY 21, 1995) This Subsection is amended to include all parcels as illustrated on Exhibit I -D. (AS MODIFIED SEPTEMBER 19, 1995) In addition, the City intends to acquire the following property: 34- 32 -24 -31 -0012 34- 32 -24 -31 -0022 34- 32 -24 -31 -0003 34- 32 -24 -42 -0006 34- 32 -24 -42 -0001 34- 32 -24 -42 -0004 34- 32 -24 -42 -0005 34- 32 -24 -42 -0010 34- 32 -24 -32 -0005 34- 32 -24 -32 -0006 34- 32 -24 -31 -0014 34- 32 -24 -31 -0017 34- 32 -24 -31 -0018 34- 32 -24 -31 -0015 34- 32 -24 -31 -0008 34- 32 -24 -31 -0016 34- 32 -24 -42 -0003 34- 32 -24 -42 -0007 34- 32 -24 -42 -0002 34- 32 -24 -14 -0001 34- 32 -24 -42 -0008 34- 32 -24 -42 -0009 The City reserves the right to acquire any other property located within Development District No. 1. City of Andover Development Program for Development District No. 1 1 -9 21 SECTION II. TAX INCREMENT FINANCING PLAN FOR TAX INCREMENT FINANCING DISTRICT NO. 1 -1 Subsection 2.1. Statement of Objectives See Section I, Development Program for the Development District, Subsection 1.4, Statement of Objectives. (AS MODIFIED NOVEMBER 17, 2009) The City desires to continue redevelopment and development of blighted and underdeveloped property in the City. The Tax Increment Financing Plan for Tax Increment Financing District No. 1 -1 is being modified in order to clarify the budget and statutory duration. Subsection 2.2. Development Program See Section I, Development Program for the Development District, Subsections 1.2 through 1.12. Subsection 2.3. Parcels to be Included in Tax Increment Financing District No .1-1 The following parcels located in the City of Andover, County of Anoka, State of Minnesota: PIN 34 32 24 33 0001 PIN 34 32 24 42 0007 PIN 34 32 24 310007 PIN 34 32 24 42 0004 PIN 34 32 24 42 0010 PIN 34 32 24 310011 PIN 34 32 24 42 0002 PIN 34 32 24 32 0005 PIN 33 32 24 42 0001 PIN 34 32 24 42 0009 PIN 34 32 24 310004 PIN 33 32 24 44 0001 PIN 34 32 24 24 0001 PIN 34 32 24 310016 PIN 34 32 24 23 0003 PIN 34 32 24 14 0001 PIN 34 32 24 310017 PIN 34 32 24 42 0003 PIN 34 32 24 310006 PIN 34.32 24 310009 PIN 34 32 24 410001 PIN 34 32 24 310008 PIN 33 32 24 410001 PIN 34 32 24 410002 PIN 34 32 24 310010 PIN 34 32 24 23 0002 PIN 34 32 24 410003 PIN 33 32 24 43 0033 PIN 34 32 24 34 0001 PIN 34 32 24 410004 PIN 33 32 24 44 0002 PIN 34 32 24 42 0005 PIN 34 32 24 410006 PIN 34 32 24 310003 PIN 34 32 24 42 0008 PIN 34 32 24 24 0002 PIN 34 32 24 42 0006 PIN 34 32 24 32 0003 PIN 34 32 24 310014 PIN 34 32 24 42 0001 PIN 34 32 24 310005 PIN 34 32 24 310012 PIN 34 32 24 310015 (AS MODIFIED ON SEPTEMBER 15, 1987) Adding PIN 34 32 24 32 0004 FURTHER INFORMATION REGARDING THE IDENTIFICATION OF THE PARCELS TO BE INCLUDED IN TAX INCREMENT FINANCING DISTRICT NO. 1 -1 CAN BE OBTAINED FROM THE OFFICE OF THE CLERK - TREASURER. Subsection 2.4. Parcels in Acquisition The City may acquire and reconvey any of the parcels identified in Section I, Subsection 1.12 of the Development Program. As the City acquires said parcels, the Tax Increment Financing Plan for Tax Increment Financing District No. 1 -1 will be modified to reflect the acquisitions of said parcels. City of Andover Tax Increment Financing Plan for Tax Increment Financing District No. 1 -1 2.1 22 The following are conditions under which properties not designated to be acquired may be acquired at a future date: (1) The City may acquire property by gift, dedication, condemnation or direct purchase from willing sellers in order to achieve the objectives of the tax increment financing plan; and (2) Such acquisitions will be undertaken only when there is assurance of funding to finance the acquisition and related costs. Subsection 2.5. Development Activity in the Development District for which Contracts have been Signed. The following contracts have been entered into by the City and the persons named below: [Contracts entered into by the City will be inserted in this Subsection as they are consummated.] (AS MODIFIED NOVEMBER 17, 2009) Contracts for development that have been entered into to date include: 1. Andover Limited Partnership, dated September 2, 1986. Under the contract, the developer was required to provide for the construction of 105,000 square foot shopping mall. The project is completed. Subsection 2.6. Other Specific Development Expected to Occur within the Development District [As specified development is expected to occur, it will be inserted in this Subsection.] Subsection 2.7. Estimated Cost of Project See Subsection 1.5 of the Development Program for estimated costs associated pith the Development District. (AS MODIFIED NOVEMBER 17, 2009) The EDA and the City have studied the feasibility of the development and redevelopment of property in and around the District. To facilitate the establishment and development or redevelopment of the District, this TIF Plan authorizes the use of tax increment financing to pay for costs of certain eligible expenses. The estimate and clarification of public costs and uses of funds with the District is outlined in the table on the following page. City of Andover Tae Increment Financing Plan for Tax Increment Financing District No. 1 -1 2 -2 23 USES OF FUNDS TOTAL Land /Building $91790,000 Site Improvements $7,010,000 Public Utilities $9,0009000 Street Improvements $10,400,000 Administration $1.800.000 PROJECT COST TOTAL $3850009000 Interest 4 000 000 PROJECT AND INTEREST COSTS TOTAL $42,000,000 The above budget represents the total costs being authorized, which includes all prior budgeted amounts, and is organized according to the Office of the State Auditor (OSA) reporting forms. It is estimated that the costs of improvements, including administrative expenses which will be paid or financed with tax increments will equal $42,000,000 total project costs as is presented in the budget above. The above budget does not include non tax increment sources of revenues which have historically been included in the financial reporting for the District. Estimated capital and administrative costs in the table on the previous page are subject to change among categories by modification of the TIF Plan without the hearings and notice required for the initial TIF Plan, so long as the total capital and administrative costs do not exceed the total listed above. Subsection 2.8. Estimated Amount of Bonded Indebtedness It is anticipated that $4,810,000 of bonded indebtedness will be incurred with respect to this portion ofthe Development District. The September 1995 Plan Modifications added $16,000,000 to this amount creating a maximum bonded indebtedness of $20,810,000. (AS MODIFIED NOVEMBER 17, 2009) The City may issue bonds, as defined in the Tax Increment Financing Act, secured in whole or in part with tax increments from Tax Increment Financing District No. 1-1 in the maximum principal amount of $12,000,000. This provision does not obligate the City to incur debt. The City will issue bonds or incur other debt only upon the determination that such action is in the best interest of the City. The City may also finance the activities to be undertaken pursuant to the Plan through loans from funds of the City or to reimburse the developer on a "pay -as- you -go" basis for eligible costs paid for by a developer. City of Andover Tax Increment Financing Plan for Tax Increment Financing District No. 1 -1 2 -3 24 Subsection 2.9. Sources of Revenue Public improvement costs, acquisition and other costs outlined in the Estimated Cost of Project (Subsection 2.7 above) will be financed through the annual collection of tax increments as described below. (AS MODIFIED NOVEMBER 17, 2009) The costs outlined in the Estimated Cost of Projects will be financed primarily through the annual collection of tax increments. The City reserves the right to incur bonds or other indebtedness as a result of the TIF Plan. Additional indebtedness may be required to finance other authorized activities. The total principal amount of notes to be issued, including a general obligation (GO) TIF bond, or other indebtedness related to the use of tax increment financing, will not exceed $12,000,000 without a modification to the TIF Plan pursuant to applicable statutory requirements. Any refunding amounts will be deemed a budgeted cost without a formal TIF Plan Modification. This provision does not obligate the City to incur debt. The City will issue bonds or incur other debt only upon the determination that such action is in the best interest of the City. The City may also finance the activities to be undertaken pursuant to the TIF Plan through loans from funds of the City or to reimburse the developer on a "pay -as- you -go" basis for eligible costs paid for by a developer. The estimated sources of funds for the District are contained in the following table: SOURCES OF FUNDS TOTAL Tax Increment $42,000,000 Subsection 2.10. Estimated Original and Captured Assessed Values and Estimate of Tax Increment The most recent assessed value (the original assessed value) of Tax Increment Financing District No. 1 -1 is estimated to be $80,560. The estimated captured assessed value of Tax Increment Financing District No. 1 -1 on January 1, 1989 is estimated to be $6,836,840. The 1987 original assessed value of PIN 34 32 24 32 0004, upon its inclusion into Tax Increment Financing District No. 1 -1 as modified September 15, 1987, is $10,512. The future estimated value of this parcel upon completion of the proposed improvement is estimated to be $2,130,048. The captured assessed value is estimated to be $2,119,536. (AS MODIFIED NOVEMBER 17, 2009) Pursuant to M.S., Section 469.177, Subds. 1 and 2, the County Auditor shall certify in each year the amount by which the original value has increased or decreased as a result of: 1. Change in tax exempt status of property; 2. Reduction or enlargement of the geographic boundaries of the district; 3. Change due to adjustments, negotiated or court- ordered abatements; 4. Change in the use of the property and classification; 5. Change in state law governing class rates; or 6. Change in previously issued building permits. City of Andover Tax Increment Financing Plan for Tax Increment Financing District No. 1 -1 2 -4 25 In any year in which the current Net Tax Capacity (NTC) value of the District declines below the ONTC, no value will be captured and no tax increment will be payable to the EDA or City. Pursuant to M.S.; Section 469.174 Subd. 4 and M.S., Section 469.177, Subd. 1, 2, and 4, the estimated Captured Net Tax Capacity (CTC) of the District, within Development District No. 1, will annually approximate tax increment revenues as shown in the table below. The Project Tax Capacity (PTC) listed is the actual values used for taxes payable in 2009. Project Estimated Tax Capacity upon Completion (PTC) $2,044,050 Original Estimated Net Tax Capacity (ONTC) $139 Estimated Captured Tax Capacity (CTC) $1,904,449 Original Local Tax Rate 0.85767 Pay 2009 Estimated Annual Tax Increment (CTC x Local Tax Rate) $1 Percent Retained by the EDA 100% Subsection 2.11. Mill Rate. The mill rate is 102.021. Subsection 2.12. Tax Increment Tax increment has been at approximately $697,501 assuming a static mill rate and a increased by zero percent (0 %) compounded annually. Subsection 2.13. Capitalized Interest Capitalized interest will cover interest payments on the Bonds prior to receipt of tax increment to fully fund the principal of and interest on the Bonds. Subsection 2.14. Investment Interest Rate. Investment Interest is assumed at six percent (6 %). This is the estimated rate at which unspent but obligated funds will earn interest as well as any surplus tax increment funds within any given year. This rate is contingent upon rates paid on savings and upon arbitrage considerations. Subsection 2.15. Type of Tax Increment Financing District Tax Increment Financing District No. 1 -1 is, pursuant to Minnesota Statutes Section 273.73, Subdivision 10 a redevelopment district as defined below: (2) 70 percent of the parcels in the district are occupied by buildings, streets, utilities or other improvements and 20 percent of the buildings are structurally substandard and an additional 30 percent of the buildings are found to require substantial renovation or clearance in order to remove such existing conditions as: inadequate street layout, incompatible uses or land use relationships, overcrowding of buildings on the land, excessive dwelling unit density, obsolete buildings not suitable for improvement or conversion, or other identified hazards to the health, safety and general well being of the community. City of Andover Tax Increment Financing Plan for Tax Increment Financing District No. 1 -1 2 -5 26 Subsection 2.16. _Duration of Tax Increment Financing District No 1 1 The duration of Tax Increment Financing District No. 1 -1 is expected to be twenty-five (25) years from the receipt of the first tax increment. The date of receipt of the first tax increment will be July, 1988. The first tax increment was received by the City was 1989. The maximum duration of District No. 1 -1 is 2014. (AS MODIFIED NOVEMBER 17, 2009) Pursuant to M.S., Section 469.175, Subd 1, and Section 469.176, Subd. 1, the duration of the District must be indicated within the TIF Plan. Pursuant to M.S., Section 469.176, Subd. lb, the duration of the District will be 25 years after receipt of the first increment by the EDA or City (a total of 26 years of tax increment). The date of receipt by the City of the first tax increment was 1987. Thus, it is estimated that the District, including any modifications of the TIF Plan for subsequent phases or other changes, would terminate after 2012, or when the TIF Plan is satisfied. The EDA or City reserves the right to decertify the District prior to the legally required date. Subsection 2.17. Estimated Impact on Other Taxing Jurisdictions The estimated impact on other taxing Jurisdictions assess construction wouldhave occurred without the creation of Tax Increment Financing District No. 1 -1. If the construction is a result of tax increment financing, the impact is $0 to other entities. Notwithstanding the fact that the fiscal impact on the other taxing Jurisdictions is $0 due to the fact that the financing would not have occurred without the assistance of the City, the following estimated impact of Tax Increment Financing District No. 1 -1 would be as follows if the "but for" test was not met: IMPACT ON TAX BASE Original Future Captured District % Ent-i- Tax Base Assessed Value Assessed Value Assessed Value of Emi Andover 56,325,201 80,560 6,917,400 6,836,840 12.14% Anoka County 1,202,403,543 80,560 6,917,400 6,836,840 .5% I.S.D. #11 595,908,940 80,560 6,917,400 6,836,840 1.15% IMPACT ON MILL RATE Current Potential Entity Entitv Mill Rate Tax Increment Andover 14.485 $99,032 Anoka County 28.738 196,477 I.S.D. #11 55.740 381,085 Other 3.058 20.907 TOTAL 102.021 $697,501 The inclusion of PIN 34 32 24 32 0004 into Tax Increment District No. 1 -1 will have minimal Impact on the other taxing jurisdictions. See Subsection 2.10 above. The 2000 modifications are not the result of a pending development project. Therefore, it is difficult to accurately estimate the additional tax capacity that may be captured by District No. 1 -1 as a result of the modifications. The following table illustrates the estimated fiscal and economic implications from $10,000,000 in additional estimated market value. The actual implications will vary according to the value and the number of development projects. City of Andover Tax Increment Financing Plan for Tae Increment Financing District No. 1 -1 2 -6 27 Taxing Entity 1999/2000 Total Estimated Percent of CTC Net Tax Capacity Captured Tax to Entity Total Capacity Anoka County 166,478,361 338,500 0.20% 1.S.D. No. 11 107,286,469 338,500 0.32% City of Andover 14,722,272 338,500 2.30% Taxing Entity 1999/2000 Tax Percent of Total Estimated Potential Extension Rate Captured Tax Taxes Capacity Anoka County 30.8610% 28.53% 338,500 104,464 I.S.D. No. 11 51.7920% 47.88% 338,500 175,316 City of Andover 22.7350% 21.02% 338,500 76,958 Other 2.7850% 2.57% 338,50 108.1730% 100.00% 366,166 (AS MODIFIED NOVEMBER 17, 2009) IMPACT ON TAX BASE Pay 2009 Estimated Captured Total Net Tax Capacity (CTC) Percent of CTC Tax Canacitv Upon Completion to Entity Total Anoka County 313,126,954 1,904,449 0.6082% City of Andover 28 1,904,449 6.7937% Anoka - Hennepin ISD # 11 26,040 1 7.3133% IMPACT ON TAX RATES Pay 2009 Percent Potential Extension Rates of Total CTC Taxes Anoka County 0.320780 37.40% 1 610,909 City of Andover 0.321810 37.52 % 1,904 612 Anoka - Hennepin ISD # 11 0.182630 21.29% 1,904 347 Other 0.032450 3.78% 1.904.449 61.799 Total 0.857670 100.00% 1 The estimates listed above display the captured tax capacity as of 2009. The tax rate used for calculations is the actual Pay 2009 rate. The total net capacity for the entities listed above are based on actual Pay 2009 figures. City of Andover Tax Increment Financing Plan for Tax Increment Financing District No. 1 -1 2 -7 28 Subsection 2.18. Tax Increment Financing Account for Tax Increment Financing District No 1 1 The tax increments received with respect to payment of principal and interest for bonds issued for improvements made within Tax Increment Financing District No. 1 -1 will be segregated by the City in a special account or accounts (the "Tax Increment Account ") on its official books and records or as otherwise established by resolution of the City to be held by a trustee or trustees for the benefit of holders of the Bonds. Subsection 2.19. Modification of Tax Increment Financing District No 1 -1 and /or Tax Increment Financin Plan. lan. As of July 29,1986, no modifications to Tax Increment Financing District No. 1 -1 or the Tax Increment Financing Plan therefore have been made. (AS MODIFIED SEPTEMBER 2, 1986) Pursuant to the adoption of the modification of the Development Program for Development District No. 1, Tax Increment Financing District No. 1 is hereby modified to reflect an enlargement of the geographic area and increased project costs of Development District No. 1 as outlined in Section I, Subsections 1.11 and 1.5, respectively, of the Development Program and is redesignated as Tax Increment Financing District No. 1 -1. (AS MODIFIED SEPTEMBER 15, 1987) Pursuant to the adoption of the modification of the Development Program for Development District No. 1, Tax Increment Financing District No. 1 -1 is hereby modified to reflect an enlargement of the geographic area of Tax Increment Financing District No. I -1 and Development District No.I as outlined in Section I, Subsection 1.11 of the Development Program. (AS MODIFIED FEBRUARY 21, 1995) Pursuant to the adoption of the modification of the Development Program for Development District No. 1, Tax Increment Financing District No. 1 -1 is hereby modified to reflect an enlargement of the geographic area and increased project costs within Development District No. 1 as outlined in Section I, Subsections 1.5., 1.11., and 1.12. (AS MODIFIED JUNE 20, 2000) The Development Program for Development District No. 1 and the Tax Increment Financing Plan for Tax Increment Financing District No. 1 -1 are modified to authorized increased project costs (Subsections 1.5 and 2.7), increase the maximum bonded indebtedness (Subsection 2.8) and clarify the parcels that may be acquired (Subsection 2.4). The 2000 Modifications make technical and clarifying changes in Subsections 1. 1, 1.3, 1.8, 1.10, 1.12, 2.9, 2.16, and 2.17. These modifications do not enlarge the geographic area of the Development District or the Tax Increment Financing District. (AS MODIFIED NOVEMBER 17, 2009) Subsection 2.20. Administrative Expenses. In accordance with M.S., Section 469.174, Subd 14, administrative expenses means all expenditures of the EDA or City, other than: 1. Amounts paid for the purchase of land; 2. Amounts paid to contractors or others providing materials and services, including City of Andover Tax Increment Financing Plan for Tax Increment Financing District No. 1 -1 2-8 29 architectural and engineering services, directly connected with the physical development of the real property in the project; 3. Relocation benefits paid to or services provided for persons residing or businesses located in the project; or 4. Amounts used to pay principal or interest on, fund a reserve for, or sell at a discount bonds issued pursuant to M.S., Section 469.178; or 5. Amounts used to pay other financial obligations to the extent those obligations were used to finance costs described in clauses (1) to (3). For districts for which the request for certification were made before August 1, 1979, or after June 30, 1982, administrative expenses also include amounts paid for services provided by bond counsel, fiscal consultants, and planning or economic development consultants. Pursuant to M.S., Section 469.176, Subd 3, tax increment may be used to pay any authorized and documented administrative expenses for the District up to but not to exceed 10 percent of the total estimated tax increment expenditures authorized by the TIF Plan or the total tax increments, as defined by M.S., Section 469.174, Subd 25, clause (1), from the District, whichever is less. Pursuant to M.S., Section 469.176, Subd 4h, tax increments may be used to pay for the County's actual administrative expenses incurred in connection with the District and are not subject to the percentage limits of M.S., Section 469.176 Subd. 3. The county may require payment of those expenses by February 15 of the year following the year the expenses were incurred. Pursuant to M.S., Section 469.177, Subd 11, the County Treasurer shall deduct an amount (currently .36 percent) of any increment distributed to the EDA or City and the County Treasurer shall pay the amount deducted to the State Treasurer for deposit in the state general fund to be appropriated to the State Auditor for the cost of financial reporting of tax increment financing information and the cost of examining and auditing authorities' use of tax increment financing. This amount may be adjusted annually by the Commissioner of Revenue. (AS MODIFIED NOVEMBER 17, 2009) Subsection 2.21. Use of Tax Increment. The EDA or City hereby determines that it will use 100 percent of the captured net tax capacity of taxable property located in the District for the following purposes: 1. To pay the principal of and interest on bonds issued to finance a project; 2. To finance, or otherwise pay the capital and administration costs of the Development District No. 1 pursuant to the M.S., Sections 469.090 to 469.1082; 3. To pay for project costs as identified in the budget set forth in the TIF Plan; 4. To finance, or otherwise pay for other purposes as provided in M.S., Section 469.176, Subd 4; 5. To pay principal and interest on any loans, advances or other payments made to or on behalf of the EDA or City or for the benefit of the Development District No. 1 by a developer; 6. To finance or otherwise pay premiums and other costs for insurance or other security guaranteeing the payment when due of principal of and interest on bonds pursuant to the TIF Plan or pursuant to M.S., Chapter 462C. M.S., Sections 469.152 through 469.165, and/or M.S., Sections 469.178; and 7. To accumulate or maintain a reserve securing the payment when due of the principal City of Andover Tax Increment Financing Plan for Tax Increment Financing District No. 1 -1 2 -9 30 and interest on the tax increment bonds or bonds issued pursuant to M.S., Chapter 4620, M.S., Sections 469.152 through 469.165, and /or M.S., Sections 469.178. These revenues shall not be used to circumvent any levy limitations applicable to the EDA or City nor for other purposes prohibited by M.S., Section 469.176, Subd 4. Tax increments generated in the District will be paid by Anoka County to the City for the Tax Increment Fund of said District. (AS MODIFIED NOVEMBER 17, 2009) Subsection 2.22. Excess Increments. Excess increments, as defined in M.S., Section 469.176, Subd 2, shall be used only to do one or more of the following: 1. Prepay any outstanding bonds; 2. Discharge the pledge of tax increment for any outstanding bonds; 3. Pay into an escrow account dedicated to the payment of any outstanding bonds; or 4. Return the excess to the County Auditor for redistribution to the respective taxing jurisdictions in proportion to their local tax rates. The EDA or City must spend or return the excess increments under paragraph (c) within nine months after the end of the year. In addition, the EDA or City may, subject to the limitations set forth herein, choose to modify the TIF Plan in order to finance additional public costs in the Development District No. 1 or the District. City of Andover Tax Increment Financing Plan for Tax Increment Financing District No, 1 -1 2 -10 31 SECTION III. TAX INCREMENT FINANCING PLAN FOR TAX INCREMENT FINANCING DISTRICT NO. 1 -2 Subsection 3.1. Statement of Objectives. See Section I, Development Program for the Development District, Subsectionl.4, Statement of Objectives. (AS MODIFIED NOVEMBER 17, 2009) The City desires to continue redevelopment and development of blighted and underdeveloped property in the City. The Tag Increment Financing Plan for TIF 1 -2 is being modified in order to clarify the budget and statutory duration. Subsection 3.2. Development Program. See Section I, Development Program for the Development District, Subsections 1.2 through 1.12. Subsection 3.3. Parcels to be Included in Tax Increment Financina District No 1 -2 The following parcels located in the City of Andover, County of Anoka, State of Minnesota: All of Blocks 1, 2, 3, and 4, ANDOVER COMMUNITY SHOPPING CENTER, according to the plat on file in the office of the County Recorder, Anoka County, Minnesota EXCEPT Lot 1, Block 2, and also EXCEPT that part of Lot 1, Block 3 described as follows: Commencing at the northeast corner of said Lot 1, Block 3; thence South, assumed bearing, along the east line thereof 196,00 feet to the point of beginning of the land to be described; thence South 254.46 feet; thence South 51 degrees 25 minutes 23 seconds West 129.99 feet; thence North 89 degrees 49 minutes 12 seconds West 166.00 feet to a point in the west line of said Lot 1; thence North 00 degrees 10 minutes 48 seconds East, along said west line, a distance of 335.00 feet; thence East 266.57 feet to the point of beginning. FURTHER INFORMATION REGARDING THE IDENTIFICATION OF THE PARCELS TO BE INCLUDED IN TAX INCREMENT FINANCING DISTRICT NO. 1 -2 CAN BE OBTAINED FROM THE OFFICE OF THE CLERK - TREASURER. Subsection 3.4. Parcels in Acquisition. The City may acquire and reconvey the parcels identified in Section I, Subsection 1.12 of the Development Program as originally adopted July 29, 1986. As the City acquires said parcels, the Tax Increment Financing Plan for Tax Increment Financing District No. 1-2 will be modified to reflect the acquisitions of said parcels. The following are conditions under which properties not designated to be acquired may be acquired at a future date: (1) The City may acquire property by gift, dedication, condemnation or direct purchase from willing sellers in order to achieve the objectives of the tax increment financing plan; and (2) Such acquisitions will be undertaken only when there is assurance of funding to finance the acquisition and related costs. Subsection 3.5. Development Activity In the Development District for which Contracts have been Signed. The following contracts have been entered into by the City and the persons named below: City of Andover Tax Increment Financing Plan for Tax Increment Financing District No. 1 -2 3.1 32 [Contracts entered into by the City will be inserted in this Subsection as they are consummated.] (AS MODIFIED NOVEMBER 17, 2009) Contracts for development that have been entered into to date include: 1. Andover Limited Partnership, dated September 2,1986. Under the contract, the developer was required to provide for the construction of 105,000 square foot shopping mall. The project is completed. Subsection 3.6. Other Specific Development Expected to Occur within the Development District [As specified development is expected to occur, it will be inserted in this Subsection.] Subsection 3.7. Estimated Cost of Project See Subsection 1.5 of the Development Program for estimated costs associated with the Development District. (AS MODIFIED NOVEMBER 17, 2009) The EDA and the City have studied the feasibility of the development and redevelopment of property in and around the District. To facilitate the establishment and development or redevelopment of the District, this TIF Plan authorizes the use of tax increment financing to pay for costs of certain eligible expenses. The estimate and clarification of public costs and uses of funds with the District is outlined in the following table. USES OF FUNDS TOTAL Land/Building $7,000,000 Street Improvements $10,000,000 Administration $ 800,000 PROJECT COST TOTAL $1798009000 Interest $ 3,000,000 PROJECT AND INTEREST COSTS TOTAL $20,800,000 The above budget represents the total costs being authorized, which includes all prior budgeted amounts, and is organized according to the Office of the State Auditor (OSA) reporting forms. It is estimated that the costs of improvements, including administrative expenses which will be paid or financed with tag increments will equal $20,800,000 total project costs as is presented in the budget above. The above budget does not include non tax increment sources of revenues which have historically been included in the financial reporting for the District. Estimated capital and administrative costs in the table above are subject to change among categories by modification of the TIF Plan without the hearings and notice required for the initial TIF Plan, so long as the total capital and administrative costs do not exceed the total listed above. City of Andover Tax Increment Financing Plan for Tax Increment Financing District No. 1 -2 3 -2 33 Subsection 3.8. Estimated amount of Bonded Indebtedness It is anticipated that $1,300,000 of bonded indebtedness will be incurred with respect to this portion of the Development District. At the present time $1,025,000 of bonded indebtedness will be incurred. (AS MODIFIED NOVEMBER 17, 2009) The City may issue bonds, as defined in the Tax Increment Financing Act, secured in whole or in part with tax increments from Tax Increment Financing District No. 1-2 in the maximum principal amount of $9,300,000. Subsection 3.9. Sources of Revenue Public improvement costs, acquisition and other costs outlined in the Estimated Cost of Project (Subsection 3.7 above) will be financed through the annual collection of tax increments as described below. (AS MODIFIED NOVEMBER 17, 2009) The costs outlined in the Estimated Cost of Projects will be financed primarily through the annual collection of tax increments. The City reserves the right to incur bonds or other indebtedness as a result of the TIF Plan. Additional indebtedness may be required to finance other authorized activities. The total principal amount of notes to be issued, including a general obligation (GO) TIF bond, or other indebtedness related to the use of tax increment financing, will not exceed $9,300,000 without a modification to the TIF Plan pursuant to applicable statutory requirements. Any refunding amounts will be deemed a budgeted cost without a formal TIF Plan Modification. This provision does not obligate the City to incur debt. The City will issue bonds or incur other debt only upon the determination that such action is in the best interest of the City. The City may also finance the activities to be undertaken pursuant to the TIF Plan through loans from funds of the City or to reimburse the developer on a "pay -as- you -go" basis for eligible costs paid for by a developer. The estimated sources of funds for the District are contained in the following tables. SOURCES OF FUNDS TOTAL Tax Increment $20,800,000 Subsection 3.10. Estimated Original and Captured Assessed Values and Estimate of Tax Increment The most recent assessed value (the original assessed value) of Tax Increment Financing District No. 1 -2 is estimated to be $66,720. The estimated captured assessed value of Tax Increment Financing District No. 1 -2 on January 1, 1988 is estimated to be $1,439,160. (AS MODIFIED NOVEMBER 17, 2009) Pursuant to M.S., Section 469.177, Subds. I and 2, the County Auditor shall certify in each year the amount by which the original value has increased or decreased as a result of. 1. Change in tax exempt status of property; 2. Reduction or enlargement of the geographic boundaries of the district; 3. Change due to adjustments, negotiated or court- ordered abatements; City of Andover Tax Increment Financing Plan for Tax Increment Financing District No. 1 -2 3 -3 34 4. Change in the use of the property and classification; 5. Change in state law governing class rates; or 6. Change in previously issued building permits. In any year in which the current Net Tax Capacity (NTC) value of the District declines below the ONTC, no value will be captured and no tax increment will be payable to the EDA or City. Pursuant to M.S., Section 469.174 Subd 4 and M.S., Section 469.177, Subd 1, Z, and 4, the estimated Captured Net Tax Capacity (CTC) of the District, within Development District No. 1, will annually approximate tax increment revenues as shown in the table below. The Project Tax Capacity (PTC) listed is the actual values used for taxes payable in 2009. Project Estimated Tax Capacity upon Completion (PTC) $258,368 Original Estimated Net Tax Capacity (ONTO) $4 9 542 Estimated Captured Tax Capacity (CTC) $253,826 Original Local Tax Rate 0.85613 Pay 2009 Estimated Annual Tax Increment (CTC x Local Tax Rate) $217,308 Percent Retained by the EDA 100% Subsection 3.11. Mill Rate The mill rate is 102.021. Subsection 3.12. Tax Increment. Tax increment has been at approximately $146,825 assuming a static mill rate and a increased by zero percent (0 %) compounded annually. Subsection 3.13. Capitalized Interest Capitalized interest will cover interest payments on the Bonds prior to receipt of tax increment to fully fund the principal of and interest on the Bonds. Subsection 3.14. Investment Interest Rate Investment interest is assumed at six percent (6 %). This is the estimated rate at which unspent but obligated funds will earn interest as well as any surplus increment funds within any given year, This rate is contingent upon rates paid on savings and upon arbitrage considerations. Subsection 3.15. Type of Tax Increment Financing District Tax Increment Financing District No. 1 -2 is, pursuant to Minnesota Statutes Section 273.73, Subdivision 10 a redevelopment district as defined below: (3) "Less than 70 percent of the parcels in the district are occupied by buildings, streets, utilities or other improvements, but due to unusual terrain or soil deficiencies requiring substantial filling, grading or other physical preparation for use at least 80 percent of the total acreage of such land has a fair market value upon inclusion in the redevelopment district which, when added to the estimated cost of preparing the land for development, excluding costs directly related to roads as defined in Section 150.01 and local improvements as described in Section 429.021, subd. 1, clauses 1 to 7, 11 and 12, and Section 430.0 1, if any, exceeds its anticipated fair market value after completion of said preparation; provided that no parcel shall be included within a redevelopment district pursuant to this paragraph (3) unless the authority has concluded City of Andover Tax Increment Financing Plan for Tax Increment Financing District No. 1 -2 3 -4 35 an agreement or agreements for the development of at least 50 percent of the acreage having the unusual soil or terrain deficiencies, which agreement provides recourse for the authority should the development not be completed...' Subsection 3.16. Duration of Tax Increment Financing District No 1-2 The duration of Tax Increment Financing District No. 1 -2 is expected to be twenty -five (25) years from the receipt of the first tax increment. The date of receipt of the first tax increment will be July, 1988. (AS MODIFIED NOVEMBER 17, 2009) Pursuant to M.S., Section 469.175, Subd 1, and Section 469.176, Subd 1, the duration of the District must be indicated within the TIF Plan. Pursuant to M.S., Section 469.176, Subd 1b, the duration of the District will be 25 years after receipt of the first increment by the EDA or City (a total of 26 years of tax increment). The date of receipt by the City of the first tax increment was 1989. Thus, it is estimated that the District, including any modifications of the TIF Plan for subsequent phases or other changes, would terminate after 2014, or when the TIF Plan is satisfied. The EDA or City reserves the right to decertify the District prior to the legally required date Subsection 3.17. Estimated Impact on Other Taxing Jurisdictions The estimated impact on other taxing jurisdictions assumes construction would have occurred without the creation of Tax Increment Financing District No. 1 -2. If the construction is a result of tax increment financing, the impact is $0 to other entities. Notwithstanding the fact that the fiscal impact on the other taxing Jurisdictions is $0 due to the fact that the financing would not have occurred without the assistance ofthe City, the following estimated impact of Tax Increment Financing District No. 1 -2 would be as follows if the "but for" test was not met: IMPACT ON TAX BASE Original Future Captured District % Enih Tax Base Assessed Value Assessed Value Assessed Value of Enti Andover 56,325,201 66,720 1,505,880 1,439,160 2.56% Anoka County 1,202,403,543 66,720 1,505,880 1,439,160 .12% I.S.D. #11 595,908,940 66,720 1,505,880 1,439,160 .24% IMPACT ON MILL RATE Current Potential Entity Entity Mill Rate Tax Increment Andover 14.485 $20,846 Anoka County 28.738 41,359 I.S.D. #11 55.740 80,219 Other 3.058 4.401 TOTAL 102.021 $146,825 City of Andover Tax Increment Financing Plan for Tax Increment Financing District No. 1 -2 3 -5 36 (AS MODIFIED NOVEMBER 17, 2009) IMPACT ON TAX BASE Pay 2009 Estimated Captured Total Net Tax Capacity (CTC) Percent of CTC Tax Ca ap city Upon Completion to Entity Total Anoka County 313 253,826 0.0811% City of Andover 28,032,781 253,826 0.9055% Anoka - Hennepin ISD # 11 16,094,654 253,826 1.5771% IMPACT ON TAX RATES Pay 2009 Percent Potential Extension Rates of Total CTC Taxes Anoka County 0.320780 37.47% 253 81,422 City of Andover 0.324840 37.94% 253,826 82 Anoka - Hennepin ISD # 11 0.182630 21.33% 253,826 46,356 Other 0.027880 3.26% 253.826 7.077 Total 0.856130 100.00% 217 The estimates listed above display the captured tax capacity as of 2009. The tax rate used for calculations is the actual Pay 2009 rate. The total net capacity for the entities listed above are based on actual Pay 2009 figures. Subsection 3.18. Tax Increment Financine Account for Tax Increment Financing District No 1-2. The tax increment received with respect to payment of principal and interest for bonds issued for improvements made within Tax Increment Financing District No. 1 -2 will be segregated by the City in a special account or accounts (the "Tax Increment Account ") on its official books and records or as otherwise established by resolution of the City to be held by a trustee or trustees for the benefit of holders of the Bonds. Subsection 3.19. Modification of Tax Increment Financing District No 1 -2 and/or Tax Increment Financing Plan. As of September 2, 1986, no modifications to Tax Increment Financing District No. 1 -2 or the Tax Increment Financing Plan therefore have been made. (AS MODIFIED FEBRUARY 21, 1995) Pursuant to the adoption of the modification of the Development Program for Development District No. 1, Tax Increment Financing District No. 1 -2 is hereby modified to reflect an enlargement ofthe geographic area and increased project costs within Development District No. 1 as outlined in Section I, Subsections 1.5.,1.11., and 1.12. City of Andover Tax Increment Financing Plan for Tax Increment Financing District No. 1 -2 3 -6 37 (AS MODIFIED NOVEMBER 17, 2009) Subsection 3.20. Administrative Expenses. In accordance with M.S., Section 469.174, Subd 14, administrative expenses means all expenditures of the EDA or City, other than: 1. Amounts paid for the purchase of land; 2. Amounts paid to contractors or others providing materials and services, including architectural and engineering services, directly connected with the physical development of the real property in the project; 3. Relocation benefits paid to or services provided for persons residing or businesses located in the project; or 4. Amounts used to pay principal or interest on, fund a reserve for, or sell at a discount bonds issued pursuant to M.S., Section 469.178; or 5. Amounts used to pay other financial obligations to the extent those obligations were used to finance costs described in clauses (1) to (3). For districts for which the request for certification were made before August 1, 1979, or after June 30, 1982 administrative expenses also include amounts paid for services provided by bond counsel, fiscal consultants, and planning or economic development consultants. Pursuant to M.S., Section 469.176, Subd 3, tax increment may be used to pay any authorized and documented administrative expenses for the District up to but not to exceed 10 percent of the total estimated tax increment expenditures authorized by the TIF Plan or the total tax increments, as defined by M.S., Section 469.174, Subd. 25, clause (1), from the District, whichever is less. Pursuant to M.S., Section 469.176, Subd 4h, tax increments may be used to pay for the County's actual administrative expenses incurred in connection with the District and are not subject to the percentage limits of M.S., Section 469.176 Subd.3. The county may require payment of those expenses by February 15 of the year following the year the expenses were incurred. Pursuant to M.S., Section 469.177, Subd 11, the County Treasurer shall deduct an amount (currently .36 percent) of any increment distributed to the EDA or City and the County Treasurer shall pay the amount deducted to the State Treasurer for deposit in the state general fund to be appropriated to the State Auditor for the cost of financial reporting of tax increment financing information and the cost of examining and auditing authorities' use of tax increment financing. This amount may be adjusted annually by the Commissioner of Revenue. (AS MODIFIED NOVEMBER 17, 2009) Subsection 3.21. Use of Tax Increment. The EDA or City hereby determines that it will use 100 percent of the captured net tax capacity of taxable property located in the District for the following purposes: 1. To pay the principal of and interest on bonds issued to finance a project; 2. To finance, or otherwise pay the capital and administration costs of the Development District No. 1 pursuant to the M.S., Sections 469.090 to 469.1082; 3. To pay for project costs as identified in the budget set forth in the TIF Plan; City of Andover Tae Increment Financing Plan for Tax Increment Financing District No. 1 -2 3 -7 38 4. To finance, or otherwise pay for other purposes as provided in M.S., Section 469.176, Subd 4; 5. To pay principal and interest on any loans, advances or other payments made to or on behalf of the EDA or City or for the benefit of the Development District No. 1 by a developer; 6. To finance or otherwise pay premiums and other costs for insurance or other security guaranteeing the payment when due of principal of and interest on bonds pursuant to the TIF Plan or pursuant to M.S., Chapter 462C. M.S., Sections 469.152 through 469.165, and /or M.S., Sections 469.178; and 7. To accumulate or maintain a reserve securing the payment when due of the principal and interest on the tax increment bonds or bonds issued pursuant to M.S., Chapter 4620, M.S., Sections 469.152 through 469.165, and /or M.S., Sections 469.178. These revenues shall not be used to circumvent any levy limitations applicable to the EDA or City nor for other purposes prohibited by M.S., Section 469.176, Subd 4. Tax increments generated in the District will be paid by Anoka County to the City for the Tax Increment Fund of said District. (AS MODIFIED NOVEMBER 17, 2009) Subsection 3.22. Excess Increments. Excess increments, as defined in M.S., Section 469.176, Subd 2, shall be used only to do one or more of the following: 1. Prepay any outstanding bonds; 2. Discharge the pledge of tax increment for any outstanding bonds; 3. Pay into an escrow account dedicated to the payment of any outstanding bonds; or 4. Return the excess to the County Auditor for redistribution to the respective taxing jurisdictions in proportion to their local tax rates. The EDA or City must spend or return the excess increments under paragraph (c) within nine months after the end of the year. In addition, the EDA or City may, subject to the limitations set forth herein, choose to modify the TIF Plan in order to finance additional public costs in the Development District No. 1 or the District. City of Andover Tax Increment Financing Plan for Tax Increment Financing District No. 1 -2 3 -8 39 APPENDIX A BOUNDARY MAPS OF DEVELOPMENT DISTRICT NO. 1 AND TAX INCREMENT FINANCING DISTRICT NOS. 1 -1 AND 1 -2 APPENDIX A-1 40 I Ittttt■ ��, IN lllt - �,. � 1: ■ � fir-. PMim Ft ]]Jill ■.■ R T :k *r , i s A , 114 �/� to ���r/ ► 9! �A- :, � � ■t 1• : .I 4 • ".e' -! e•. a nnxea_ ?� °�c�= � }�, ' O w .mu luau � , . , . � sli IF. 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IIIIr���1� ��nrnr��r �w��� ► a nommomm M w INNER M Project Location T Lots/Parcels i a 1D Park f Water Right of Way City Limits i .- Ps mm NO mm n a� ��. ■i,rliri 11 Ii �I �It■ ■1111 Novi v ����� - 11 � � 1 ■ill 11111111 � .� :.:; �► ■rl■ 111fJt .■ � mil# 1�i Ii1r moll OWN JOE ■. �► ■' +� ! ��� "" �' 1111 •. �Mr�i irllr■ 'r ■ �C �: iii r�■ ir.i'�+, . w !11 Mll ■1■ ■■ 1llrtl :: ■■■■■ • 1rrr1 = 111 ■� ''' .e► J ■l'� i ■■r■■ r w ■ ■r■ �l■ ■■ �. �. am ■ �� �. ii■ ■. ■l1� MI on ism ..... • 11' _ ����: �� •. � i " �� =tit I�It Jt�t' �� -� � • ��i �i 11111 ■� � ;� � �■ . i��< 7111 ij � � � � �■' • w r.M 1 1 21 - If u +, � r '?a .9 C I T Y O F ND OVE 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 Administra Will Neumeister, Community Development Directoru FROM: Courtney Bednarz, City Planner SUBJECT: Approve Open Space Purchase - Administration DATE: November 17, 2009 INTRODUCTION The offer made by the Council to purchase PID 07- 32 -24 -12 -0001 has been accepted by the property owner. DISCUSSION The property owner agreed to the previously discussed terms of the sale. The purchase price is $930,000 to be closed by December 31, 2009 and concedes access easements in the city's favor. Additionally, the property owner requested the right to name the property, subject to approval by the city. ACTION REQUESTED Staff requests authorization to complete a purchase agreement and to close on the purchase of the property. Res t 4ednarz i , Co ANL]56VV 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: David D. Berkowitz, City Enginee ts*rector f orks�� Jim Dickinson, City Administrato From: Todd J. Haas, Assistant Public W Subject: Consider Amendment to Parks Advertising Policy - Engineering Date: November 17, 2009 INTRODUCTION This item is in regards to considering amending the parks advertising policy as requested by the Andover High School Boosters. DISCUSSION Attached is the request to change Item 4 in the Park Advertising Policy to allow for a 5 ft high by 10 ft wide sign. Currently the uniform size requirement is 4 ft high by 8 ft wide. As you may have noticed, the advertisement signs that were installed on the outfield fence at Sunshine Park and Andover Station North Ball field facility are difficult to see from home plate. It is anticipated that the larger size can be seen better. The Park and Recreation Commission has reviewed the request and recommends approving the change. ACTION REQUESTED The City Council is requested to consider amending the Parks Advertising Policy to increase the size of the signs from 4 ft high by 8 ft wide to a 5 ft high and 10 ft wide sign. Respectfully submitted, Todd J. Haas Attachments: Amended Parks Advertising Policy & E -Mail Request cc: John Stong, Andover High School Baseball Boosters (sent by e -mail) Ted Butler, Park and Recreation Commission Chair C I T Y 0 F D OVERJ� 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 (763) 755 -5100 FAX (763) 755 -8923 • WWW.CI.ANDOVER.MN.US City of Andover Park Advertising Policy It is the policy of the City of Andover not to allow advertising in City parks except as follows: 1. Advertising signs shall only be allowed on the outfield fences of baseball and softball fields at Sunshine Park, Eveland/Andover High School Fields, and Andover Station North. 2. Ball Field and Scoreboard Advertising Signs: Ball field advertising and scoreboard advertising signs shall be permitted in all districts subject to the provisions of this chapter and with the following conditions: a) Ball field advertising signs shall not be visible from adjacent residential properties when viewed at ground level. b) Scoreboard advertising signs shall be placed in such a way so as to minimize to the greatest possible extent the exposure to adjacent residential properties. c) Ball field scoreboard advertising signs shall not be illuminated when not in use for ball games. 3. Only the City or a party or parties who have a valid lease agreement with the City shall place signs in the approved parks. 4. Signs shall be a uniform size of 4' high by 8' wide. 5. The signs shall be designed so as not to inhibit the ability of players to see the ball in play. 6. Signs shall not be placed prior to April 1" and shall be removed by November 1" each year. 7. Signs relating to politics, tobacco, alcohol, gambling, and adult oriented uses are prohibited, as are signs containing offensive or obscene language. 8. The content of all signs shall be subject to approval by the City of Andover before installation. _ - 9. Signs shall be installed and removed by the City of Andover, Off - season storage of signs shall be the responsibility of the lessee(s). Approved by the Andover City Council- May 2, 2006 10. Signs shall be kept in good repair, in conformance with City Code section 12 -16- 7 -B. The lessee(s) shall be responsible for the maintenance, repair, and replacement of damaged, vandalized, or dilapidated signs. 11. All signs shall comply with the Andover City Code. 12. Proceeds from the program shall be used to improve local park facilities utilized by local sporting associations. Approved by the Andover City Council- May 2, 2006 rage i or i Todd Haas From: John Stong Uohn.c.stong @gmail.coml Sent: Wednesday, September 23, 2009 10:14 AM To: Todd Haas Cc: Angie Thiel Subject: Request to change size of outfield signs Todd, We would like to request a change to the size of the outfield signage requirements. The current size requirement is 4ft x 8ft and we would like to see the size increased to 5ft x l Oft. After selling a few signs this season and seeing them posted at the fields I think you will agree that the 4 x 8 size is small for an outfield sign. Respectfully submitted, John Stong Vice President Andover High School Baseball Boosters 10/28/2009 C 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 TO: Mayor and Council Members FROM: Jim Dickinson, City Administrator SUBJECT: Schedule December EDA meeting DATE: November 17, 2009 INTRODUCTION The Council is requested to schedule an Economic Development Authority (EDA) meeting at 6:00 pm before the December 1, 2009 City Council meeting. DISCUSSION Tentative agenda items for a December EDA meeting have been identified as follows: 1. Progress Report — Parkside at Andover Station North Negotiations 2. Purchase Agreement/Letter of Intent/Progress Review 3. Andover Station Marketing/Maintenance Discussion 4. Other Business Other items may be added upon request, or the meeting will be cancelled if no new information comes forward on the identified agenda items. ACTION REQUIRED Schedule an EDA meeting at 6:00 pm before the December 1, 2009 City Council meeting. s ec y submitted, J' 'ckinson C TY OF 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: November 17, 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. 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. P submitted, on } A of aj ANLb Y DATE November 17, 2009 ITEMS GIVEN TO THE CITY COUNCIL ➢ October 2009 Monthly Building Report PLEASE ADDRESS THESE ITEMS AT THIS MEETING OR PUT THEM ON THE NEXT AGENDA. THANK YOU. G: \STAFF \RHONDAA\AGENDA \CC LIST.doc CITY OF ANDOVER 2009 Monthly B ilding Report TO: Mayor and City Council FROM: Don Olson OCTOBER BUILDING PERMITS Permit/Plan Tax Total Valuation 3 Residential $ 8,809.11 $ 360.50 _ $ 9,169.61 $ 721,000.00 Single Family 2 3,907.70 134.00 4,041.70 268,000.00 Septic 1 4,901.41 226.50 5,127.91 453,000.00 Townhome - - - - Additions - - 6 Garages 2,896.57 54.95 2,951.52 109,900.00 1 Basement Finishes 100.00 0.50 100.50 1 Commercial Building 1 132.74 1.40 134.14 2,800.00 1 Pole Bldgs /Barns 377.60 6.70 384.30 13,400.00 Sheds I - - - - I Swimming Pools 84.65 1.55 86.20 3,100.00 Chimney /Stove /Fireplace - - - - Structural Changes 1 Porches 345.26 6.00 351.26 12,000.00 2 Decks 120.55 1.20 121.75 2,040.00 Gazebos - - - -- Repair Fire Damage - - - 22 Re -Roof 1,650.00 11.00 1,661.00 6 Siding 450.00 3.00 453.00 - 1 Other 797.75 36.00 833.75 72,000.00 1 Commercial Plumbing 218.21 3.25 221.46 6,500.00 Commercial Heating - - - Commercial Fire Sprinkler Commercial Utilities - - - - Commercial Grading - - 46 Total Building Permits $ 15,982.44 $ 486.05 $ 16,468.49 $ 942,740.00 PERMITS Permit/Plan Tax Total Fees Collected 46 Building Permits $ 15,982.44 $ 486.05 $ 16,468.49 - Ag Building - - - 1 Curb Cut 50.00 50.00 - Demolition - - - Fire Permits - - - - Footing - Renewal - Moving - 43 Heating 3,365.00 21.50 3,386.50 12 Gas Fireplaces 900.00 6.00 906.00 27 Plumbing 1,365.00 13.50 1,378.50 67 Pumping 1,005.00 - 1,005.00 - Septic New - - 6 Septic Repair 450.00 3.00 453.00 2 Sewer Hook -Up 50.00 - 50.00 2 Water Meter 1 100.00 100.00 Sewer Change Over/Repair - - Water Change Over - - 3 Sac Retaina Fee 60.00 60.00 2 Sewer Admin. Fee 30.00 30.00 4 Certificate of Occupancy 40.00 40.00 3 License Verification Fee 15.00 15.00 Reinspection Fee - - 10 Contractor License 500.00 500.00 28 Rental License - Single 1,400.00 1,400.00 Rental License - Multi - - - Health Authority - - - 256 TOTALS $ 25,312.44 $ 530.05 $ 25,842.49 $ 942,740.00 Total Number of Homes YTD 2009 37 Total Number of Homes YTD 2008 40 Total Valuation YTD 2009 $ 10,362,346.00 Total Valuation YTD 2008 $ 35,139,902.02 Total Building Department Revenue YTD 2009 $ 259,944.66 Total Building Department Revenue YTD 2008 $ 550,245.97 ANDOVER VOLUNTEER FIRE DEPARTMENT TOTAL CALLS FOR THE MONTH OF OCTOBER 20 D9 MTH YTO COUNTY CALL RESPI SCENE FIRE/ # PRIMARY ALL # I # INC.# DAY TIME TIME TIME EMS SHIFT REASON RESP STATION CALLS 1 781 109018241 9/23 747 7:55 8'.00 EMS D 95 YOM SEVERE RIB PAIN FROM FALL 4 3 X 2 782 09018617 1 443 4:51 CANC EMS N 86 YOF IN PAIN RELATED TO STENOSIS OF SPINE 4 3 3 783 09018619 1 6'.16 6 6 :23 6:31 EMS D 90 YOF WITH FLU -LIKE SYMPTOMS 3 1 X 4 784 109018622 1 8'.33 8:34 1 8:36 EMS D 41 YOF POSSIBLE HEART 7 1 X 5 785 09018677 1 21:41 21:44 2148 EMS N 34 YOM BEE STING/POSSIBLE REACTION 5 2 6 786 09018668 2 3'.22 3:32 03:35 EMS N LIFTASSIST 6 1 7 787 09018690 2 5'.27 5:30 05:35 EMS D POSSIBLE HEART 6 1 X 8 788 1 09018758 2 23:16 23:19 23:32 FIRE/ WN CO ALARM 1 1 DO 9 789 ;09018766 3 4'.14 4:19 0425 EMS WN 86 YOF BREATHING /NOT CONSCICUS'5 3 3 10 790 09D16842 4 1002 10:05 10:08 EMS WD 34 YOM NOT BREATHING 5 3 11 791 ',09018853 4 12.50 12:51 1258 EMS WD RESCUE /DIFFICULTY BREATH ING 3 3 12 792 09018889 5 2:54 2'.58 0305 EMS WN 86 YOF DIABETIC 6 3 13 793 09018950 5 2151 CANC CANC FIRE/ N FIREALARM 1 1 DO 14 794 09018952 5 22:52 22:55 23:05 FIRE/ N FIREALARM 6 1 15 795 09018983 6 1237 12:391 12:41 EMS D PI ACCIDENT 10 1 X 16 796 09019066 7 16:51 16:53 17:00 EMS D 60 YOF LOW BLOOD SUGAR 12 3 X 17 797 09019077 7 18:38 18:411 1847 EMS N 67 YOF WITH DIFFICULTY BREATHING /CHF 15 1 18 793 09019080 7 1933 19:361 1939 EMS N VOMITING BLOOD /STOMASH PAIN 7 3 19 799 09019124 8 13:08 13.111 13:16 EMS D 83 YOF SEVERE ABDOMINAL PAIN 14 1 X 20 800 09019142 8 17:44 17:471 17:51 FIRE/ N POSSI BLE HOUSE FI RE 23 1 X 21 801 09019201 I 9 1547 15:611 1556 EMS D 22 YOF HAVING SEIZURE 10 1 X 22 802 09019207 9 16:45 16:46 16:48 EMS D 3 CAR PI ACCIDENT i6 1 X 23 803 09019208 9 16:50 16:59 17:05 EMS D LIFT ASSIST 16 3 X 24 804 09019240 10 429 CANC CANC EMS WN 67 YOM LOW BLOOD SUGARGANCELLED 2 3 25 805 09019265 10 12:41 12:43 12',47 EMS WD 61 YOM LOW BLOOD SUGARIDIABETIC 14 1 26 806 09019287 10 23:08!2312 2313 EMS WN S YOM DIFFICULTY BREATHING 7 3 27 807 09019328 11 16331 1636 16'.38 EMS WD AIM ON SOFTBALL FIELD /POSSIBLE BROKEN LEG 5 1 28 808 09019331 11 18:00 18:05 18:09 ELLS WN 78 VOM UNRESPONSIVE 7 3 29 809 09019333 11 18:12 18:13 18:18 FIRE/ WN ILLEGAL BURN 1 2 DO 30 810 09019405 12 1810 1873 18:17 EMS N 71 YO FEMALE, CHEST & JAW PAIN 8 2 090 31 811 19446 13 08:36 08:47 08:53 EMS D 80 YOE FOUND ON FLOOR 7 2 X 32 812 09019482 13 15'.50 15:55 16:OD EMS D 7 YOM, HAS FLU 10 1 33 813 09019484 13 16'.00 1601 1608 FIRE / D CHIMNEY FIREIHOUSE BEING EVACUATED 30 2 X 57 2 :02 34 814 09019505 13 21'.03 21:07 21:11 EMS N 72 YOM /CHEST PAINS 11 1 35 815 09019510 13 21'.55 21:2:01 EMS N 911 OPEN LINE /MALE ON DRUGS & OUT OF CONTR 10 1 36 816 09019515 14 0101 01 CANC EMS D 24 YOM /DIFFICULTY BREATHING,ASTHMA 4 2 37 817 09019522 14 6:28 637 CANC EMS D 80S FEM /DIFF BREATHING 3 1 38 818 09019541 14 1226 12:30 CANC EMS D 49 YOF /HAS CANCER/NOT FEELING WELL 8 1 39 819 09019569 14 19:43 19:44 1946 EMS N HEART MEDICAL 10 3 X 1 40 820 09019575 14 21:11 21:12 21:15 EMS N LIFT .ASSIST 12 2 41 821 09019641 15 21:45 21:48 CANC EMS N 10 YO WITH SEVERE FLU SYMPTOMS 8 2 42 822 D9019648 16 05:29 05:35 0547 FIRE/ D CO ALARM 4 3 X 43 823 09019666 16 09:43 CANC CANC EMS D 3 YO BOY POSSIBLE SEIZURES 6 2 X 44 824 09019728 17 1 01:26 01:31 01:35 EMS WN 56 YOE DIABETIC 5 3 45 825 D9019756 17 ! 1433 14:37 14:42 D EMS W 62 YO FEM/WITH FLU SYMPTOMS 8 1 46 826 09019757 17 !14:42 14:44 CANC EMS WD MOTORCYCLE PI 8 1 47 827 09019763 17 ! 1621 1624 CANC FIRE/ WD FIREALARM 1 3 1 48 828 09019770 17 ! 18:24 18:28 18'.32 EMS WN ADULT MALE VOMITINGNNABLE TO STAND 7 1 49 829 09019814 18 11352 13:54 13'.56 FIRE/ WD UNKNOWNSMOKE 22 3 X 50 830 D9019874 19 112:44 12:47 13',03 FIRE/ D FIREALARM 6 3 X 51 831 09019892 19 11621 16'.23 1627 EMS D ALZHEIMER'SiPARKINSON PTCANNOTWALK 13 3 X 52 832 109019921 19 12143 21 491 CANC EMS N ABDOMINAL PAIN 5 1 53 833 09019932 20 1 1:34 01'.41 0158 FIRE/ N CO ALARM 1 3 DO 54 834 09019936 20 425 04'.29 0434 EMS N 83 YOM W /CATHETOR /BLOOD IN URINE 6 1 55 835 09019948 20 9:02 09'.07 09:10 EMS D 49 YOF MEDICAL 7 1 X 56 836 09019954 20 11',15 11:19 1124 EMS D 71 YOM, CHEST PAINS, HEART HISTORY 5 3 X 57 837 09019962 20 12:41 12:42 CANC FIRE/ D POSSIBLE STRUCTURE FIREIMUTUAL AID ANOKA 9 1 X 58 838 09019967 20 13'.26 13:27 13:35 EMS D 9 MOF STOPPED BREATHING 7 3 X 59 839 09020034 21 1007 10:11 10:20 EMS D 76 YOF DIALYSIS PT UNABLE TO WALK 13 2 X 60 840 09020007 21 1:13 01:19 01:20 'EMS N 42 YOF FELL DOWN THE STAIRS 5 3 61 841 09020077 22 1:06 1 01:10 01:13 1 EMS N 53 YOM POSSIBLE STROKE 5 1 62 642 09020097 22 10'.59 11:02 1107 EMS D 27 YOF WITH MEDICAL 8 2 X 63 843 09020112 22 1431 14:37 14:44 EMS D 73 YOM FELUUNKNOWN INJURIES 11 3 X 64 844 09020149 23 049 0054 00:57 EMS N 87 YOM FELUSTILL ON THE FLOOR 6 2 65 845 09020157 23 443 4:46 0451 EMS N 62 YOM DIFFICULTY BREATHING/COPD 5 1 66 646 09020201 23 17:22 17:25 17:31 EMS WN 49 YOFW /MULTIPLE CANCER 6 1 67 847 09020247 24 15:37 1537 1550 FIRE/ WD ILLEGAL BURN 1 3 DO 68 848 09020254 24 17:28 17'.32 1736 EMS WN 23 YOF HAVING A SEIZURE 6 1 69 849 09020255 24 17 17. 54 57 1803 EMS WD AF STROKE PT DEHYDRATED 6 2 70 850 09020298 25 10:13 10'.15 1019 EMS WD 80 YOM FALLING DOWN 9 3 71 851 09020314 25 17:06 17'.09 17:11 EMS WN 187 YOF HEAD INJURY 10 1 72 852 09020333 26 3'.21 03'.26 W 03:30 EMS N 67 YOM DIABETIC REACTION 2 2 73 853 09020335 26 66.01 CANC CANC EMS D INFANT ON TRACK IN RESPIRATORY DISTRESS 1 1 X 74 854 09020372 26 1 19:11 19 141 19:17 FIRE N FIRE ALARM ii 1 75 855 09020397 27 7'.22 07271 GANG FIRE/ D PI ACCIDENT /CANCELLED 5 3 X 76 856 09020417 27 13:04 13:07) 13:12 EMS D DIFFICULTY BREATHING 7 1 X 77 857 09020440 27 1955 19:57 20:01 EMS N D I FFI GUILTY BREATHING 9 2 78 858 09020476 28 9'.37 09:38, 0943 EMS D 69 VOF TROUBLE BREATHING 12 1 X 79 859 09020479 28 9:57 09:59 1002 EMS D 50 YOM COLLAPSED!POSSIBLE SEIZURE 12 1 X 80 860 09020480 28 1007 10:07 10:07 EMS D PT FALLEN AND CAN'T GET UP/325 LBS 13 1 X 81 861 09020483 28 10:51 10:54 10:55 EMS D 31 YOM WITH HIV DIARRHEANOMITING 13 1 X 82 862 109020545 29 8:52 08:54 09:00 EMS D 75 YOF DIFFICULTY BREATHING 4 2 X 83 853 09020576 29 1745 17:52 18:05 EMS N 37 YOF PREGNANTNOMITING /H11"1 FLU 7 3 84 864 09020634 30 17:21 17:24 1727 EMS WN PI ACCIDENT 6 2 85 865 09020661 31 07:46 07:47 0749 FIRE/ WD FIREALARM 12 1 86 866 09020672 31 13:00 13:02 13:07 EMS WD 76 YOM DIFFICULTY BREATHING 3 2 87 867 09020677 31 1435 1435 14:35 1 FIRE/I WD ILLEGAL BURN 2 3 DO I 643 11/10/2009 A NDOVE ^ T Y O F 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.CI.ANDOVER.MN.US TO: Mayor & Council Members FROM: Jim Dickinson, City Administrator SUBJECT: Supplemental Agenda Item for November 17, 2009 City Council Meeting DATE: November 17, 2009 The City Council is requested to receive the following supplemental information. Consent Items Add -On Item. Consider Approval of Premises Permit/Andover Lanes /Andover Football Association (Supplemental) - Clerk Discussion Items Item #7. Anoka County Sheriff's Dept. Monthly Report (Supplemental) - Sheriff p mitted, tor 01\ C I T Y O F A NDOVE 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.CI.ANDOVER.MN.US TO: Mayor and City Council CC: Jim Dickinson, City Administrator FROM: Michelle Hartner, Deputy City Cler SUBJECT: Consider Approval of Premises Permit/Andover Lanes /Andover Football Association DATE: November 17, 2009 INTRODUCTION The Andover Football Association has submitted a lease for lawful gambling activity. DISCUSSION The Andover Football Association is proposing to operate a pulltab operation at Andover Lanes. The rent to be paid to Andover Lanes by Andover Football will be 20% of the gross profits per month. Attached is a copy of the Lease for Lawful Gambling Activity and a resolution approving the premises permit. ACTION REQUIRED Council is requested to consider approval of the premises permit for the Andover Football Association to conduct lawful gambling at Andover Lanes for a period of 2 years. Respectfully submitted, Michelle Hartner Deputy City Clerk Attach: Lease for Lawful Gambling Activity Resolution Print Form Minnesota Lawful Gambling LG216 Lease for Lawful Gambling Activity 7 /09 Page 1 of heck applicable item: 1. New application. Submit lease with new premises permit application. 2. New owner. Effective date Submit new lease within 10 days after new lessor assumes ownership. 3. New lease. (Do not submit existing lease with amended changes). Date that changes will be effective. Submit changes at least 10 days before the effective date of the change. Organization name Address License number Daytime phone F; It ���'� R . r ~s c:wfr� 7 350 Name of leased premises Street address city State Zip Daytime phone n�chch. -& Lc, Aoc�- t '� �- 5 3 /✓l art: nJt Alc o'r`c) a U(L MN ,�530L 76 3 "Z:J4 .b D ame of legal owner of premises Business /street address city State Zip Daytime phone Aj6 vz �e O c c2 YNA! 55304 -j cz ✓r\ ['_ Name of lessor (if same as legal Business /street address city State Zip Daytime phone owner, write in "SAME ") 5* -AkE' Check all activities that will be conducted Pull -tabs Pull -tabs with dispensing device -Dipboards F Paddlewheel OPaddlewheel with table QBingo 0 Bar bingo Pull -tab, Tipboard, and Paddlewheel Rent (No lease required for raffles.) Booth operation - sales of gambling equipment by an employee Bar operation - sales of gambling equipment within a leased (or volunteer) of a licensed organization within a separate enclosure premises by an employee of the lessor from a common area where that is distinct from areas where food and beverages are sold. food and beverages are also sold. r Does your orga O any other organization conduct gambling from a booth operation at this location? F_ Yes _n No If you answeredyes to the question above, rent limits are If you answered no to the question above, rent limits are based on the following combinations of operation: based on the following combinations of operation: - Booth operation - Bar operation - Booth operation and pull -tab dispensing device - Bar operation with pull -tab dispensing device - Booth operation and bar operation - Pull -tab dispensing device only - Booth operation, bar operation, and pull -tab dispensing device The maximum rent allowed may not exceed $1,750 in total per month for all organizations at this premises. COMPLETE ONE OPTION: COMPLETE - ONE OPTION: Option A. 0 to 10% of the gross profits per month. Percentage Option A: 0 to 20% of the gross profits per to be paid % month. Percentage to be paid ZC� Option B. When gross profits are $4,000 or less per month, $0 Option B: When gross profits are $1,000 or less per month, $0 to $400 per month may be paid. Amount to be paid $ to $200 per month may be paid. Amount to be paid $ Option C: $0 to $400 per month on the first $4,000.of gross Option C. $0 to $200 per month on the first $1,000 of gross profit. Amount to be paid $ profits. Amount to be paid $ Plus, 0% to 10% of the gross profits may be paid per month on Plus, 0% to 20% of the gross profits may be paid per month on gross profits over $4,000. Percentage to be paid % gross profits over $1;000. Percentage to be paid Bingo Rent Bar Bingo Rent Option D: 0 to 10% of the gross profits per month from all Option F: No rent may be paid for bingo lawful gambling activities held during bingo occasions, excluding conducted in a bar. bar bingo. Percentage to be paid % Option E: A rate based on a cost per square foot, not to exceed 110% of a comparable cost per square foot for leased space, as New Bingo Activity approved by the director of the Gambling Control Board. No rent may For any new bingo activity not previously be paid for bar bingo. Rate to be paid $ per square foot confirm the comparable rate and all applicable costs to be paid by the included in a Premises Permit Application, attach organization to the lessor. The lessor must attach documentation, a separate sheet of paper listing the days and verified by the organization, to hours that bingo will be conducted. LG215 Lease for Lawful Gambling Activity 7/09 Page 2of2 Lease Term Other Prohibitions The term of this lease agreement will be concurrent with the The lessor will not impose restrictions on the organization with respect premises permit issued by the Gambling Control Board to providers (distributors) of gambling - related equipment and services (Board). or in the use of net profits for lawful purposes. The lessor, any person residing in the same household as the lessor, the lessor's immediate Management of Gambling Prohibited family, and any agents or employees of the lessor will not require the The owner of the premises or the lessor will not manage the organization to perform any action that would violate statute or rule. conduct of gambling at the premises. The lessor must not modify or terminate this lease in whole or in part due to the lessor's violation of this provision. If there is a dispute as to Participation as Players Prohibited whether a violation occurred, the lease will remain in effect pending a The lessor will not participate directly or indirectly as a player final determination by the Compliance Review Group (CRG) of the in any lawful gambling conducted on the premises. The Gambling Control Board. The lessor agrees to arbitration when a lessor's immediate family will not participate directly or violation of this provision is alleged. The arbitrator shall be the CRG. indirectly as a player in a pull -tab, tipboard, or paddlewheel game conducted on the premises. Access to permitted premises The Board and its agents, the commissioners of revenue and public Illegal Gambling safety and their agents, and law enforcement personnel have access t The lessor is aware of the prohibition against illegal gambling the permitted premises at any reasonable time during the business in Minnesota Statutes 609.75, and the penalties for illegal hours of the lessor. The organization has access to the permitted gambling violations in Minnesota Rules 7865.0220, Subpart 3. premises during any time reasonable and when necessary for the In addition, the Board may authorize the organization to conduct of lawful gambling on the premises. withhold rent for a period of up to 90 days if the Board determines that illegal gambling occurred on the premises or Lessor records that the lessor or its employees participated in the illegal The lessor must maintain a record of all money received from the gambling or knew of the gambling and did not take prompt organization, and make the record available to the Board and its action to stop the gambling. Continued tenancy of the agents, and the commissioners of revenue and public safety and their organization is authorized without payment of rent during the agents upon demand. The record must be maintained for 3 -1/2 years. time period determined by the Board for violations of this provision, as authorized by Minnesota Statutes 349.18, Rent all - inclusive Subdivision 1(a). Amounts paid as rent by the organization to the lessor are ail- inclusive No other services or expenses provided or contracted by the lessor To the best of the lessor's knowledge, the lessor affirms that may be paid by the organization, including but not limited to: any and all games or devices located on the premises are not - trash removal - janitorial and cleaning services being used, and are not capable of being used, in a manner - electricity, heat - other utilities or services that violates the prohibitions against illegal gambling in - storage - security, security monitoring Minnesota Statutes 609.75. Notwithstanding Minnesota Rules - snow removal - lawn services 7865.0220, Subpart 3, an organization must continue making - in the case of bar operations, cash shortages rent payments under the terms of this lease, if the Any other expenditures made by an organization that is related to a organization or its agents are found to be solely responsible leased premises must be approved by the director of the Gambling for any illegal gambling, conducted at this site, that is Control Board. Rent payments may not be made to an individual. prohibited by Minnesota Rules 7861.0260, Subpart 1, item H or Minnesota Statutes 609.75, unless the organization's Changes in lease agents responsible for the illegal gambling activity are also If a change in ownership occurs, the organization will submit an agents or employees of the lessor. amended lease to the Board within 10 days after the new lessor has assumed ownership. If the lease is amended with no change in The lessor must not modify or terminate the lease in whole or ownership, the organization will submit the amended lease to the in part because the organization reported, to a state or local Board at least 10 days before the effective date of the change, law enforcement authority or the Board, the conduct of illegal gambling activity at this site in which the organization did not participate. Acknowledgment of Lease Terms I affirm that this lease is the total and only agreement between the lessor and the organization, and that all obligations and agreements are contained in or attached to this lease and are subject to the approval of the director of the Gambling Control Board. The lease may be terminated by either party without cause with a 30 -day written notice. Other terms: Sign re of Date Signature of o,gani tion official (lessee) Date It Print na a title of lessor Print nar&4nd title of lessee CY( �P/// �,� Lary,inQ.� ,Cc�n�� Alf 5,0 Questions? Contact the Licensing Section, Gambling Control Board, at 651- 639 -4000. This publication will be made available in alternative format (i.e. large print, Braille) upon request. The information requested on this form will become public information when received by the Board, and used to determine your compliance with Minnesota statutes and rules governing lawful gambling activities. Reset Form Print Form Minnesota Lawful Gambling @ 7/09 Page 1 of 2 LG214 Premises Permit Application Annual F e $ 150 FOR BOARD USE ONLY Check # Organization Information $ 1. Organization name 4,3t^ v QS. 50 License number 2. Chief executive officer (CEO) J/ In ✓ Sn Daytime phone L 3. Gambling manager O / (_ f 6 l'rH O -P/ Daytime phone ,- 3-,350 - - /O Gambling Premises Information 4. Current name of site where gambling will be conducted a ndaCe, z - S 5. List any previous names for this location VA-o✓\ C- 6. Street address where premises is located (3 633 Mar+ A) `J (Do not use a P.O. box number or mailing address) 7. City ITownship County Zip code �n avv�crZ. 01 R },—" \cam 8. Does your or anization own the building where the gambling will be conducted? Yes [ANo If no, attach LG215 Lease for Lawful Gambling Activity 9. Is any other organization conducting gambling at this site? DYes t No 0 Don't know 10. Has your organization previously conducted gambling at this site? FF1 Yes MNo Gambling Bank Account Information (must be in Minnesota) 11. Bank name S i Bank account number 12. Bank street address City State Zip code 7 � D due ArAJa� -e fz . MN 56 304 All Temporary and Permanent Off -site Storage Spaces (for gambling equipment and records related to this site - must be stored in Minnesota) 13. Address (Do not use a P.O. box number) City State Zip code 13 2' nso� `I�Ivona��erz MN MN Bingo Occasions (including bar bingo) 14. Enter day and beginning /ending hours of bingo occasions (AM. or P.M.). An occasion may not exceed 8 hours. Day Beginning /Ending Hours Day Beginning /Ending Hours to Q to L= to � to =to = to to to Reset Form Print Form LG214 Premises Permit Application 7/09 Page 2of2 Local Unit of Government Resolution of Approval CITY APPROVAL for a gambling premises located COUNTY APPROVAL for a gambling premises located within city limits in a township City name County name The city council has approved this application by The county board has approved this application by resolution within 90 days of the date of signature below. resolution within 90 days of the date of signature below. Signature of city personnel Signature of county personnel Title Date / / Title Date / / Acknowledgment and Oath 1. I hereby consent that local law enforcement officers, 5. 1 am the chief executive officer of the organization. the Board or its agents, and the commissioners of 6 1 assume full responsibility for the fair and lawful operation of revenue or public safety and their agents may enter all activities to be conducted. the premises to inspect it and enforce the law. 7 1 will familiarize myself with the laws of Minnesota governing 2. The Board and its agents, and the commissioners of lawful gambling and rules of the Board and agree, if licensed, revenue and public safety and their agents are to abide by those laws and rules, including amendments to authorized to inspect the bank records of the them. gambling account whenever necessary to fulfill g Any changes in application information will be submitted to the requirements of current gambling rules and law. Board no later than 10 days after the change has taken effect. 3. 1 have read this application and all information submitted to the Board is true, accurate, and g 1 understand that failure to provide required information or complete. , providing false or misleading information may result in the 4. All required information as been fully disclosed. denial or revocation of the license. Signature of \ Chief Executive Officer (designee may not sign) Date Print name ` f aCAJ Required Attachments Monthly Regulatory Fee 1. If the premises is leased, attach a copy of your lease. If you receive a premises permit for this site, there is a Use LG216 Lease for Lawful Gambling Activity. monthly regulatory fee of 0.1% (.001) of gross receipts from lawful gambling conducted at the site. 2. $150 annual premises permit fee, for each permit. The fee is reported on the G1 Lawful Gambling Make check payable to "State of Minnesota." Monthly Summary and Tax Return and paid with the Mail to: Gambling Control Board monthly tax report. 1711 West County Road B, Suite 300 South Roseville, MN 55113 This form will be made available in alternative format (i. Questions? Call 651 - 639 -4000 and ask for Licensing. e. large print, Braille) upon request. The information requested on this form Your name and address will be public requires access to the information; (and any attachments) will be used by the information when received by the Minnesota's Department of Public Safety; Gambling Control Board (Board) to Board. All other information you Attorney General; Commissioners of determine your qualifications to be provide will be private data until the Administration, Finance, and Revenue; involved in lawful gambling activities in Board issues your premises permit. Legislative Auditor; national and Minnesota, and to assist the Board in When the Board issues your premises international gambling regulatory agencies; conducting a background investigation of permit, all permit information provided anyone pursuant to court order; other you. You have the right to refuse to supply will become public. If the Board does individuals and agencies that are the information requested; however, if you not issue you a premises permit, all the specifically authorized by state or federal refuse to supply this information, the Board information provided remains private, law to have access to the information; may not be able to determine your with the exception of your name and individuals and agencies for which law or qualifications and, as a consequence, may address that will remain public. Private legal order authorizes a new use or sharing refuse to issue you a premises permit. If data about you are available to: Board of information after this notice was given; you supply the information requested, the members; Board staff whose work and anyone with your consent. Board will be able to process your application. Reset Form Print Form CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RESOLUTION NO. A RESOLUTION APPROVING A PREMISES PERMIT FOR THE ANDOVER FOOTBALL ASSOCIATION TO CONDUCT LAWFUL GAMBLING AT ANDOVER LANES, 13633 MARTIN STREET NW, ANDOVER, MINNESOTA. WHEREAS, the Andover Football Association has submitted an application to the City of Andover for a premises permit to operate lawful gambling at Andover Lanes, 13633 Martin Street NW, Andover, Minnesota; and WHEREAS, per Minnesota Gambling Control requirements, a resolution must be adopted by the City Council approving said permit. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover that a premises permit for lawful gambling conducted by the Andover Football Association is hereby approved. Adopted by the City Council of the City of Andover this 17 day of November , 2009. CITY OF ANDOVER Attest: Michael R. Gamache — Mayor Michelle Hartner — Deputy City Clerk NOY. 16.2009 8:59AM PATROL N0.9928 P. 2/3 I� CITY OF ANDOVER — OCTOBER 2009 ITEM OCTOBER SEPTEMBER YTD 2009 OCTOBER 1'TD 2008 Radio Ca11S 772 865 8 8 Inbident Reports 862 996 9,192 8,405 Burglaries 4 5 81 84 Thefts 40 73 486 458 Crim.Sex Cond. 0 0 20 16 Assault 5 7 64 42 Darn to Prop. 32 23 230 275 Harr. Comm. 6 7 104 118 Felony Arrests 1 6 44 110 Cross Mis, 0 0 12 61 Misd. Arrests 37 54 414 778 DUI Arrests 6 7 109 106 Domestic Arr. 3 2 45 56 Warrant Arr, 7 9 98 1 131 Traffic Arr. 255 254 2,338 1,977 DUY OFIrENSES: DAY OF Suiuday Monday Tuesday Wednesday Thursday Friday Saturday WEEK: TIME: 00:23 01:09 00:46 01:41 23:15 18:17 NOV.16.2009 8:59AM PATROL NO.9928 P. 3/3 CITY OF ANDOVER — OCTOBER 2009 COMMUNITY SERVICE OFFICER REPORT ITEM OCTOBER SEPTEMBER YTD 2009 OCTOBER YTD 2008 Radio Calls 90 80 1,122 1,441 Incident Reports 79 60 764 1,163 Accident Assists 4 3 67 116 Vehicle Lock Out 26 I5 224 305 Extra patrol 136 95 1 1,267 House Checks 0 0 6 37 Bus. Checks 21 3 270 375 Animal Compl. 38 43 410 555 Traffic Assist 10 8 108 144 Aids: Agency 136 136 1,727 1 Aids: Public 37 31 407 868 Paper Service 0 0 14 0 Inspections 0 0 3 0 ,1 0idinance Viol. 0 6 24 2