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OJ >-, @ > '" @ '" '" > "0 N 0 M '" "'" ] ,Ef S .!:l 0 @ "Ci Q .... j ~ "0 © Resolution No. R108 -09 Council Member Knight introduced the following resolution and moved its adoption: Resolution Providing for the Sale of $1,695,000 General Obligation Open Space Bonds, Series 2010A A. WHEREAS, the City Council of the City of Andover, Minnesota, has heretofore determined that it is necessary and expedient to issue the City's $1,695,000 General Obligation Open Space Bonds, Series 2010A (the "Bonds "), to finance the acquisition of property for parks and open space pursuant to an election held on November 7, 2006 in the City; and B. WHEREAS, the City has retained Ehlers & Associates, Inc., in Roseville, Minnesota ( "Ehlers "), as its independent financial advisor for the Bonds and is therefore authorized to solicit proposals in accordance with Minnesota Statutes, Section 475.60, Subdivision 2(9); NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover, Minnesota, as follows: 1. Authorization; Findings The City Council hereby authorizes Ehlers to solicit proposals for the sale of the Bonds. 2. Meeting; Proposal Opening The City Council shall meet at 7:00 p.m. on February 2, 2010, for the purpose of considering proposals for and awarding the sale of the Bonds. 3. Official Statement In connection with said sale, the officers or employees of the City are hereby authorized to cooperate with Ehlers and participate in the preparation of an official statement for the Bonds and to execute and deliver it on behalf of the City upon its completion. The motion for the adoption of the foregoing resolution was duly seconded by Council Member Jacobson and, after full discussion thereof and upon a vote being taken thereon, the following Council Members voted in favor thereof: Gamache, Bukkila, Trude and the following voted against the same: None Whereupon said resolution was declared duly passed and adopted. Dated this 15 day of December, 2009. Mayor j Dep ty City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO R107 -09 A RESOLUTION OF SUPPORT FOR HIGH SPEED BROADBAND CONNECTIVITY. WHEREAS, Anoka County has embarked on a project to determine the interest in and the needs for high speed broadband connectivity in Anoka County; and WHEREAS, there are increasing educational, economic and community benefits to increased high speed connectivity; and WHEREAS, the City of Andover desires broadband connectivity to institutional locations, businesses and to unserved and underserved areas in the city; and NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Andover supports the effort of Anoka County to develop a broadband vision and solicit 10 public /private partnerships through a Request for Proposal process. BE IT FURTHER RESOLVED that the City Council of the City of Andover supports submission of a federal grant to secure funding to implement the broadband vision. BE IT FURTHER RESOLVED that the City Council of the City of Andover recognizes that broadband through optical fiber will be a long -term benefit to all citizens. Adopted by the City of Andover this 15 day of December 2009. CITY OF ANDOVER ATTEST: ichael R. Gamache - Mayor : LaJ Mi helle Hartner — Deputy City Clerk Q CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R106 -09 A RESOLUTION AMENDING CONDITIONAL USE PERMIT TO EXTEND THE APPROVAL FOR SUBORDINATE CLASSROOM STRUCTURES TO DECEMBER 31, 2014 FOR GRACE LUTHERAN CHURCH ON PROPERTY LOCATED AT 13655 ROUND LAKE BOULEVARD NW LEGALLY DESCRIBED AS: The south 1089 feet of the east 777.28 feet of the west half of the northwest quarter of Section 33, Township 32, Range 24; except the east 400 feet of the south 433 feet; except roads; subject to easements of record; Anoka County, Minnesota WHEREAS, Grace Lutheran Church received approval of a conditional use permit to allow subordinate classroom structures until December 31, 2009 from the City Council on May 2, 2006; and WHEREAS, Grace Lutheran Church has provided a letter to address their long term plan for removal of the temporary subordinate classroom structures; and WHEREAS Grace Lutheran Church has requested that the conditional use permit for subordinate classroom structures be extended through December 31, 2014 to allow time for the long term plan to be achieved; and WHEREAS, the Planning Commission held a public hearing and finds the request would not have a detrimental effect upon the health, safety, morals, and general welfare of the City of Andover and recommends approval of the proposed conditional user permit amendment to the City Council; and NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover has received the recommendation of the Planning Commission and hereby approves the conditional use permit amendment to allow for the continued use of the existing subordinate classroom structures with the following conditions: 1. The subordinate classroom structures shall continue to comply with the conditions of Resolution R062 -06 except as follows: a. The amended conditional use permit shall expire on December 31, 2014, or earlier upon removal of the existing subordinate classroom structures. Adopted by the City Council of the City of Andover on this 15' day of December, 2009. CITY OF ANDOVER ATTEST: gichael R. Gamache, Mayor MN-belle Hartner, Deputy City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R105 -09 MOTION by Councilmember Jacobson to adopt the following: A RESOLUTION ACCEPTING A CONTRIBUTION MADE TO THE CITY OF ANDOVER TO BE USED TOWARDS THE OPERATIONS OF THE ANDOVER FIRE DEPARTMENT. WHEREAS, any contributions that are to be made to the City of Andover must be accepted by the City Council; and WHEREAS, the contribution from Residential Mortgage Group, Inc. of $300 is to be used towards the operations of the Andover Fire Department. NOW, THEREFORE BE IT RESOLVED by the City Council to hereby accept the contribution, which is to be used towards the operations of the Andover Fire Department. MOTION seconded by Councilmember Knight and adopted by the City Council at a regular meeting this 15th day of December 2009, with Councilmembers Gamache, Bukkila, Trude voting in favor of the resolution, and Councilmembers None voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: ichael R. Gamache - Mayor Midhelle Hartner - Deputy City Clerk Q CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA 0 RES. NO. R104 -09 A RESOLUTION UPDATING CERTIFIED BONDED INDEBTEDNESS FOR 2010. WHEREAS, the preparation and adoption of budgets is recognized as sound financial practice; and WHEREAS, the City of Andover has the responsibility to appropriately and efficiently manage the public's funds; and WHEREAS, the City of Andover has determined that it is prudent to update certified bonded indebtedness levies for 2010; and WHEREAS, the Anoka County Property Records and Taxation Division is requiring a City Council resolution updating bonded indebtedness levies that would have been certified to Anoka County as part of prior year bond sales. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Andover hereby updates all or a portion of previously certified bonded indebtedness levies for 2010 as listed on Attachment A. Adopted by the City of Andover this 15th day of December 2009. CITY OF ANDOVER TIES �chael R. Gamache - Mayor Jim 'ckinson — City Clerk STATE OF MINNESOTA) O COUNTY OF ANOKA ) CITY OF ANDOVER ) I, the undersigned, being the duly qualified and acting City Clerk of the City of Andover, Minnesota, do hereby certify that I have carefully compared the attached Resolution No. U�- adopting the City of Andover updates of all or a portion of previously certified bonded indebtedness levies for 2010 with the original record thereof preserved in my office, and have found the same to be true and correct transcript of the whole thereof. IN TESTIMONY WHEREOF, I have hereunto subscribed my hand this d December 2009. Dickinson - City Clerk 1 Attachment A CITY OF ANDOVER 0 2010 Proposed Levy Certification Debt Changes County Levy City Levy Levy GENERAL OBLIGATION DEBT Scheduled Scheduled Changes Variance Explanation 56 2004A GO Capital Improvement Bonds 386,838 368,418 18,420 Reduced the levy 58 2005A GO Improvement Bonds 574,200 - 574,200 Paid for by assessments 61 2006A GO PIR Bonds 133,446 - 133,446 Paid for by assessments 63 2007A GO Equipment Certificate 218,400 208,000 10,400 Reduced the levy 65 2008A GO Equipment Certificate 179,980 171,410 8,570 Reduced the levy 66A 2009A GO Equipment Certificate 137,274 130,738 6,536 Reduced the levy 2004 EDA Public Facility Lease Rev - 934,203 (934,203) Lease revenue payment per pledge agreement GO Open Space Bonds - 87,797 (87,797) New issuance Total $ 1, $ 1,900,566 $ ( 2 70, 427) CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO R103 -09 A RESOLUTION ADOPTING THE CITY OF ANDOVER 2010 BUDGET AND 2010 PROPERTY TAX LEVY TO BE CERTIFIED TO THE COUNTY AUDITOR. WHEREAS, the preparation and adoption of budgets is recognized as sound financial practice; and WHEREAS, the City of Andover receives significant financial support from its residents through the payment of property taxes; and WHEREAS, the City of Andover has the responsibility to appropriately and efficiently manage the public's funds; and WHEREAS, Minnesota State Law requires the City to certify to the County Auditor an adopted tax levy and budget prior to December 28, 2009; and WHEREAS, Minnesota State Law requires the City to certify to the State of Minnesota Department of Revenue an adopted tax levy by December 28, 2009. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Andover hereby adopts the 2010 City of Andover Budget and the 2010 property tax levy totaling $10,856,299 as listed on Attachment A. BE IT FURTHER RESOLVED that the City Council of the City of Andover hereby establishes the 2010 City of Andover Budget by fund type as follows: REVENUES EXPENDITURES © General Fund $ 9,102,628 General Fund $ 9,102,628 Special Revenue Funds 2,064,725 Special Revenue Funds 2,365,890 Debt Service Funds 8,083,093 Debt Service Funds 9,729,276 Capital Projects Funds 5,533,044 Capital Projects Funds 5,628,374 Enterprise Funds 4,868,197 Enterprise Funds 4,794,449 Internal Service Funds 1,006,669 Internal Service Funds 946,044 Total $ 30,658,356 Total $ 32,566,661 Adopted by the City of Andover this 15'" day of December 2009. CITY OF ANDOVER ATTEST: Aichael R. Gamac e - Mayor i helle Harmer — Deputy City Clerk STATE OF MINNESOTA) COUNTY OF ANOKA ) CITY OF ANDOVER ) I, the undersigned, being the duly qualified and acting City Clerk of the City of Andover, Minnesota, do hereby certify that I have carefully compared the attached Resolution No. Oj{I adopting the City of Andover 2010 Budget and 2010 Property Tax Levy with the original record thereof preserved in my office, and have found the same to be true and correct transcript of the whole thereof. p IN TESTIMONY WHEREOF, I have hereunto subscribed my hand this /,° day of December 2009. Mi elle Harmer — Deputy City Clerk CITY OF ANDOVER, MINNESOTA Attachment A Proposed 2010 Property Tax Levy fl 2010 Proposed Levy General Fund Levy $ 7,596,494 Debt Service Funds Levy 2004A G.O. Capital Improvement Bonds 368,418 2004 EDA Public Facility Revenue Bonds 934,203 2007A G.O. Equipment Certificate 208,000 2008A G.O. Equipment Certificate 171,410 G.O. Open Space Bonds 87,797 2009A G.O. Equipment Certificate 130,738 Total Debt Service 1,900,566 Other Levies Capital Projects Levy Capital Equipment/Project 210,000 © Parks Projects 59,410 Road & Bridge 1,003,056 Pedestrian Trail Maintenance 51,773 Lower Rum River Watershed 35,000 Gross City Levy $ 10,856,299 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 102 -09 MOTION by Councilmember Jacobson to adopt the following: A RESOLUTION ACCEPTING FEASIBILITY REPORT AND CALLING PUBLIC HEARING ON IMPROVEMENTS OF PROJECT NO. 10-2,2010 STREET RECONSTRUCTION WHEREAS, pursuant to Resolution No. 083 -09 adopted the 4 day of November , 2009 a Feasibility Report has been prepared by the City Engineer for the improvements: and WHEREAS, such report was received by the City Council on the 15 th day of December , 2009 and WHEREAS, such report declared the proposed assessment to be feasible for an estimated total project cost of $1,055,330.00 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover that: 1. The City Council hereby accepts the Feasibility Report for Project No. 10 -2 , for the improvements. 2. The Council will consider the improvements in accordance with the report and the assessment of abutting property for all or a portion of the improvement pursuant to Minnesota Statutes Chapter 429 at an estimated total cost of the improvement of $ 1,055,330.00 3. A public hearing shall be held on such proposed improvement on the 1g th day of January 2010 in the Council Chambers of the City Hall at 7:00 PM and the Clerk shall give mailed and published notice of such hearing and improvement as required by law. MOTION seconded by Councilmember Knight and adopted by the City Council at a regular meeting this 15 day of December , 2009 with Councilmembers Jacobson, Knight, Gamache, Trude, Bukkila voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST:��f Michael R. Gamache - Mayor Michelle Hartner— Deputy City Clerk © CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 101 -09 MOTION by Councilmember Trude to adopt the following: WHEREAS, the City of Andover supports the grant award from the Minnesota Department of Natural Resources under the DNR Forest Bonding Grant Program. The grant is to remove dead /diseased trees and to plant new trees in select parks including but not limited to Shadowbrook and Fox Meadows Parks WHEREAS, the City of Andover recognizes the fifty (50) percent match requirement for the Grant Program, and will match the grant thru in -kind contributions. NOW, THEREFORE, BE IT RESOLVED, the City of Andover agrees to accept the grant award, and will enter into an agreement with the State of Minnesota for the above referenced project. The City of Andover will provide on -going maintenance to the trees and comply with all applicable laws, environmental requirements and regulations as stated in the grant agreement, and BE IT FURTHER RESOLVED, the City Council of the City of Andover names the fiscal agent for the City of Andover for this project as: Jim Dickinson City Administrator /Finance Director City of Andover 1685 Crosstown Boulevard NW Andover, MN 55304 Adopted by the City Council of the City of Andover this 1 St day of December 2009 CITY OF ANDOVER ATTEST: Mi hael R. Gamache — Mayor Michelle Hartner — Deputy City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RESOLUTION NO. R100 -09 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: Mjcl6ael R. Gamache — Mayor A Mi ' c4elleamner — Deputy City Clerk © CITY OF ANDOVER ANOKA COUNTY STATE OF MINNESOTA Council member Jacobson introduced the following resolution and moved its adoption: RESOLUTION NO. R099 -09 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). BE IT RESOLVED by the City Council ( "Council ") of the City of Andover, Mimnesota ( "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 © 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. © 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 Knight, and upon a vote being taken thereon, the following voted in favor thereof: Gamache, Jacobson, Knight, Trude and Bukkila. and the following voted against the same: none. Dated: November 17, 2009 A ES - 0�"n Mi Gamache, M&yer nn ickinson, City Administrator (Seal) CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA © RES. NO. 098 -09 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 Mi aeI R. G ache — Mayor Mi helle Hartner — Deputy City Clerk CITY OF ANDOVER © COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 097 -09 MOTION by Councilmember Jacobson 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 Q 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 Knight and adopted by the City Council at a regular meeting this 17`" day of November 2009 , with Councilmembers Jacobson, Knight, Gamache, Trude, Bukkila voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST:�`f Mi ael R. Gamache - Mayor Mi6helle Hartner — Deputy City Clerk 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: Jacobson, Knight, Trude, Bukkila, Gamache and the following were absent: none Councilmember Jacobson introduced the following resolution and moved its adoption: RESOLUTION NO. R096 -09 RESOLUTION AUTHORIZING THE CALL OF OUTSTANDING GENERAL OBLIGATION STATE AID STREET BONDS, SERIES 2001B AND 10 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 Knight , and upon vote being taken thereon, the following voted in favor thereof: Gamache, Trude, Bukkila and the following voted against the same: none 2427641v1 2 Whereupon the resolution was declared duly passed and adopted. Adopted on November 17, 2009. Approved: ��✓�l e�w�" yor b Attest: d inistrator 2427641vt 3 Q 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 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA © RES. NO. 095 -09 A RESOLUTION DEFERRING ASSESSMENTS FOR VARIOUS PROPERTIES AS PART OF PROJECT NO. 08 -37 157 AVENUE NW RECONSTRUCTION (MSAS 102) . The assessments for properties described as follows: • PIN 13- 32 -24 -44 -0002 (2 of 2) as identified on the Special Assessment Roll • PIN 24- 32 -24 -12 -0010 (2 of 2) as identified on the Special Assessment Roll • PIN 24 - 32 -24 -21 -0002 (2 of 2) as identified on the Special Assessment Roll • PIN 13- 32 -24 -33 -0009 (2 of 3) as identified on the Special Assessment Roll • PIN 13- 32 -24 -33 -0009 (3 of 3) as identified on the Special Assessment Roll • PIN 24- 32 -24 -22 -0003 (2 of 3) as identified on the Special Assessment Roll • PIN 24- 32 -24 -22 -0003 (3 of 3) as identified on the Special Assessment Roll • PIN 13- 32 -24 -33 -0008 (2 of 3) as identified on the Special Assessment Roll • PIN 13- 32 -24 -33 -0008 (3 of 3) as identified on the Special Assessment Roll • PIN 13- 32 -24 -33 -0005 (2 of 3) as identified on the Special Assessment Roll • PIN 13- 32 -24 -33 -0005 (3 of 3) as identified on the Special Assessment Roll • PIN 24- 32 -24 -22 -0004 (2 of 3) as identified on the Special Assessment Roll • PIN 24- 32 -24 -22 -0004 (3 of 3) as identified on the Special Assessment Roll Are to be deferred until the following occurs: 1. Division of the properties by metes and bounds description, platting and /or lot split. All assessments that lose their deferral under Item 1 above shall be payable in full and in equal installments of principal and interest over an 8 year period. The assessment amount will accrue interest for the first 15 years at 4.5% or the ENR Index, whichever is lower. Starting with the 16 year, the assessment value will begin to depreciate, in equal annual amounts over the next 10 years so as to achieve an assessment value of zero dollars, at which time the deferred assessment will expire. Adopted by the City Council of the City of Andover this 4 th day of November , 2009. CITY OF ANDOVER Attest: © Mi aeI R. Gamache — Mayor Mi helle Hartner — Deputy City Clerk CITY OF ANDOVER COUNTYOFANOKA STATE OF MINNESOTA RES. NO. R094-09 A RESOLUTION APPROVING A CONDITIONAL USE PERMIT FOR AN AUTOMOBILE SERVICE STATION AND CAR WASH WITH VARIANCES TO THE PARKING AREA SETBACKS AT THE SOUTHEAST CORNER OF BUNKER LAKE BOULEVARD NW AND JAY STREET NW LEGALLY DESCRIBED AS: Lots 1 and 2, Block 1, Pankonin Addition, Anoka County, Minnesota; except that part of said Lot 1, plus interest, penalty and costs comprising Parcel 11 , City of Andover Highway Plat of Right of Way No.3, taken for highway purposes by the City of Andover as shown in Final Certificate recorded December 3, 1996 as document No.290262. Torrens Property Certificates of Title No. 51557 (Lot 1) and No. 91242 (Lot 2) And Parcels 9,10 and 11, City of Andover Highway Right of Way Plat No.3, according to the recorded plat thereof, Anoka County, Minnesota. WHEREAS, CONVENIENCE STORE INVESTMENTS, INC. has requested a Conditional Use Permit for an automobile service station and car wash on the subject property; and WHEREAS, CONVENIENCE STORE INVESTMENTS, INC. has requested variances to reduce the parking area setback from twenty feet to ten feet along the north and south sides of the subject property; and WHEREAS, pursuant to published and mailed notice thereof, the Planning and Zoning Commission has conducted a public hearing on said conditional use permit and variances; and WHEREAS, the Planning Commission finds the request would not have a detrimental effect upon the health, safety, and general welfare ofthe City of Andover; and WHEREAS, the Planning Commission recommends to the City Council approval of the conditional use permit and variances; and WHEREAS, the City Council received the recommendation of the Planning Commission; and WHEREAS, the City Council finds that the following conditions constitute an undue hardship_for the subject property: 1. Right-of-way dedicated by the applicant to create a new frontage road on the south side of the property reduces the developable area of the site. 2. The subject property will have public streets adjacent to all four sides of the property which increases the required setbacks and further reduces the developable area of the site. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover has received the recommendation of the Planning Commission and approves the conditional use permit for an automobile service station and car wash with variances to reduce the parking area setback to ten feet along the north and south property lines subject to the following conditions: 1. Approval of the conditional use permit shall be contingent upon approval of the preliminary and final plat, completion of all conditions of approval and recording of the final plat with Anoka County. If any of these actions should fail to be successfully completed the conditional use permit shall be null and void. 2. The architecture of the buildings and canopy shall be in substantial conformance with the architectural renderings stamped received by the City September 23,2009, subject to approval by the city. 3. The applicant shall be required to successfully complete a commercial site plan in compliance with City Code 12-14-2. 4. The hours of operation shall be twenty four hours a day, seven days a week. 5. Exterior storage shall be limited to pallets of salt, two ice chests, one cage for prefilled propane tanks (filled off site) and small trash recycling containers, the locations of these items to be approved by the city. 6. The applicant shall enter into an encroachment agreement with the city to include, but not be limited to, an indemnification and hold harmless provision where by the applicant shall be financially responsible for replacing private improvements within public drainage and utility easements on the site. 7. The Conditional Use Permit shall be subject to a sunset clause as defined in City Code 12-14-6D. Adopted by the City Council of the City of Andover on this 4th day of November, 2009. CITY OF ANDOVER ATTEST: CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO R093 -09 A RESOLUTION APPROVING THE PRELIMINARY PLAT OF "KWIK TRIP ANDOVER ADDITION" FOR PROPERTY AT THE SOUTHEAST CORNER OF BUNKER LAKE BOULEVARD NW AND JAY STREET NW LEGALLY DESCRIBED AS: Lots 1 and 2, Block 1, Pankonin Addition, Anoka County, Minnesota; except that part of said Lot 1, plus interest, penalty and costs comprising Parcel 11, City of Andover Highway Plat of Right of Way No. 3, taken for highway purposes by the City of Andover as shown in Final Certificate recorded December 3, 1996 as document No.290262. Torrens Property Certificates of Title No. 51557 (Lot 1) and No. 91242 (Lot 2) And Parcels 9, 10 and 11, City of Andover Highway Right of Way Plat No. 3, according to the ® recorded plat thereof, Anoka County, Minnesota. WHEREAS, the Andover Review Committee has reviewed the preliminary plat;-and WHEREAS, pursuant to published and mailed notice thereof, the Planning and Zoning Commission has conducted a public hearing on said plat; and WHEREAS, as a result of such public hearing, the Planning and Zoning Commission recommends to the City Council the approval of the plat; and NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover has received the recommendation of the Planning and Zoning Commission and approves the preliminary plat with the following conditions: 1. The Preliminary Plat shall conform to the plans dated October 8, 2009 and stamped received by the City of Andover on October 22, 2009. 2. Park dedication shall be paid based on the area of proposed Lot 1 as provided by City Code 1 -7 -3. 3. A sidewalk shall be required to be constructed within the right -of -way along the east side of Jay Street NW at the applicant's expense. 4. Removal of the existing frontage road, building, fences and other existing site improvements shall be the responsibility of the applicant. 5. The new frontage road shall be constructed as a public improvement with the cost of the project assessed to benefitting properties. 6. A street easement document if favor of the city shall be provided for the area of the proposed frontage road that encroaches onto the Kottke's Bus Service Inc. property. 7. Contingent upon staff review and approval for compliance with city ordinances, policies and guidelines and a development agreement acceptable to the City Attorney. A financial guarantee acceptable to the city is required as a part of this agreement to assure required subdivision improvements will be completed. Adopted by the City Council of the City of Andover this 4 day of November, 2009. CITY O_F / ANDOVE ATTEST: W/ ehael R. Gamache, Mayor Mi elle Hartner, Deputy City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO R092-09 A RESOLUTION GRANTING VACATION OF RIGHT OF WAY, UTIL TY AND DRAINAGE AND STREET EASEMENTS AT THE SOUTHEAST CORNER OF BUNKER LAKE BOULEVARD AND JAY STREET NW FOR TORRENS PROPERTY CERTIFICATES OF TITLE 51557 AND 91242 LEGALLY DESCRIBED AS: Parcels 9,10 and 11, CITY OF ANDOVER RIGHT OF WAY PLAT NO. 3, according to the recorded plat thereof, Anoka County, Minnesota as shown in Final Certificate recorded December 3, 1996 as Document No. 290262 And; Service Road Right Of Way adjoining Lots 1 and 2, Block 1 as dedicated in the plat of PANKONIN ADDITION, according to the recorded plat thereof, Anoka County, Minnesota And; Utility and Drainage Easements within Lots 1 and 2, Block 1 as dedicated in the plat of PANKONIN ADDITION, according to the recorded plat thereof, Anoka County, Minnesota And; A permanent street easement over, under and across the north 40.02 feet of Lot 2, Block 1, Pankonin Addition, Anoka County Minnesota (Anoka County Document No. 267513) WHEREAS, the applicant has requested to vacate the existing right-of-way and easements on and adjoining Lots 1 and 2, PANKONIN ADDITION, Anoka County, Minnesota to facilitate redevelopment of the subject property; and WHEREAS, the applicant proposes to dedicate new right-of-way and easements to accommodate the public street and utilities proposed to be constructed as a part of the redevelopment; and WHEREAS, the City Council finds the request would not have a detrimental effect upon the health, safety, moral, and general welfare ofthe City of Andover; and WHEREAS, the City Council finds the request is in the best interest ofthe city to promote redevelopment of the subject property and improvements to the frontage road access for the surrounding properties; and WHEREAS, a public hearing was held and there was no opposition to the request. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby grants the vacation of right-of-way, drainage and utility easements and street easement legally described above subject to the following; 1. This approval is contingent upon approval of the preliminary plat and conditional use permit for CONVENIENCE STORE INVESTMENTS, INC. If either of those items fail to be approved by the City or fail to be recorded with Anoka County, approval of the vacation of right-of-way and easements shall be null and void. 2. This resolution shall be recorded with Anoka County at the time the final plat for CONVENIENCE STORE INVESTMENTS, INC. is recorded with Anoka County. Adopted by the City Council of the City of Andover on this 4th day of November, 2009 CITY OF ANDOVER ATTEST ~ ~. clf{U~ M chelle Hartner, Deputy City Clerk CITY OF ANDOVER COUNTY OF ANOKA © STATE OF MINNESOTA RES. NO. 091 -09 MOTION by Councilmember Jacobson to adopt the following: A RESOLUTION ADOPTING THE ASSESSMENT ROLL FOR THE IMPROVEMENT OF PROJECT NO. 08 -37 , 157 AVENUE NW RECONSTRUCTION (MSAS 102) WHEREAS, pursuant to proper notice duly given as required by law, the City Council has met and heard and passed upon all objections to the proposed assessment for the improvements. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF ANDOVER, MINNESOTA: 1. Such proposed assessment, a copy of which is attached hereto and made part hereof, is hereby accepted and shall constitute the special assessment against the lands named therein, and each tract of land therein included is hereby found to be benefited by the proposed improvement in the amount equal to or greater than the assessment levied against it. 2. Such assessment shall be payable in equal annual installments, extending over a period of 10 years, the first of the installments to be payable on or before the © first 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 owners of any property so assessed may, at any time prior to certification of the assessment to the County Auditor, pay the whole of the assessment on such property with interest accrued to the date of payment to the City Treasurer. MOTION seconded by Councilmember Trude and adopted by the City Council at a regular meeting this 4 th day of November , 2009 , with Councilmembers Jacobson, Trude, Knight, Gamache, Bukkila (absent) voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: ael R. Gamache - Mayor © Midhelle Hartner — Deputy City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 090 -09 MOTION by Councilmember Jacobson to adopt the following: A RESOLUTION ADOPTING THE ASSESSMENT ROLL FOR THE IMPROVEMENT OF PROJECT NO. 09 -2 2009 STREET RECONSTRUCTION WHEREAS, pursuant to proper notice duly given as required by law, the City Council has met and heard and passed upon all objections to the proposed assessment for the improvements. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF ANDOVER, MINNESOTA: 1. Such proposed assessment, a copy of which is attached hereto and made part hereof, is hereby accepted and shall constitute the special assessment against the lands named therein, and each tract of land therein included is hereby found to be benefited by the proposed improvement in the amount equal to or greater than the assessment levied against it. 2. Such assessment shall be payable in equal annual installments, extending over a period of 10 years, the first of the installments to be payable on or before the first 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 owners of any property so assessed may, at any time prior to certification of the assessment to the County Auditor, pay the whole of the assessment on such property with interest accrued to the date of payment to the City Treasurer. MOTION seconded by Councilmember Trude and adopted by the City Council at a regular meeting this 4 day of November , 2009 , with Councilmembers Jacobson, Trude, Knight, Gamache Bukkila (absent) voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: M' ael R. Gamache - Mayor © Michelle Hartner — Deputy City Clerk © CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R089 -09 A RESOLUTION ADOPTING THE ASSESSMENT ROLL FOR THE CERTIFICATION OF DELINQUENT SEWER, WATER, STORM SEWER; STREET LIGHTING CHARGES, FALSE ALARM FINES, TREE REMOVAL, MOWING FEES AND /OR ANIMAL CONTROL FEES. WHEREAS, pursuant to a proper notice duly given as required by law, the council has met, heard and passed upon all objections to the proposed assessment for the delinquent sewer, water, storm sewer, street lighting charges, false alarm fines, tree removal, mowing fees and/or animal control fees. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF ANDOVER, MINNESOTA: 1. Such proposed assessment, a copy of which is attached hereto and made part hereof, is Q 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 one annual installment on or before the first Monday of January, 2010 and shall bear interest at the rate of 8 percent per year. 3. The owners of any property so assessed may, at any time prior to certification of the assessment to the County Auditor, pay the whole of the assessment on such property with interest accrued to the date of payment, except that no interest shall be charged if the entire assessment is paid by November 13, 2009. Adopted by the City Council of the City of Andover on this 4th day of November, 2009. CITY OF ANDOVER ATTEST: Michelle Hartner — Deputy City Clerk Mic el R. Gamac e, Mayor CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 088 -09 MOTION by Councilmember Jacobson to adopt the following: A RESOLUTION ORDERING IMPROVEMENT AND DIRECTING PREPARATION OF PLANS AND SPECIFICATIONS FOR THE IMPROVEMENT OF PROJECT NO. 10 -8 FOR THE 2010 CURB. SIDEWALK & PEDESTRIAN RAMP REPAIRS . WHEREAS, the City Council is cognizant of the need for the repairing damaged concrete curb and gutter and sidewalk; and WHEREAS, the City Council is cognizant of the need for bringing trail and sidewalk crossings into compliance with Americans with Disabilities Act (ADA) standards; and NOW, THEREFORE BE IT RESOLVED by the City Council to order the improvement of 2010 Curb Sidewalk & Pedestrian Ramp Repairs Project 10 -8 and BE IT FURTHER RESOLVED by the City Council to hereby direct the Director of Public Works /City Engineer to prepare the plans and specifications for such improvement project. MOTION seconded by Councilmember Trude and adopted by the City Council at a regular meeting this 4 day of November , 2009 , with Councilmembers Jacobson Trude Knight Gamache, Bukkila (absent) voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: Mi�C aeI R. Gamache - Mayor Mi elle Hartner — Deputy City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 087 -09 MOTION by Councilmember Jacobson to adopt the following: A RESOLUTION ORDERING IMPROVEMENT AND DIRECTING PREPARATION OF PLANS AND SPECIFICATIONS FOR THE IMPROVEMENT OF PROJECT NO._ 10 -7 FOR 2010 TRAIL MAINTENANCE WHEREAS, the City Council is cognizant of the need for maintenance and improvement of the trail system; and WHEREAS, the project is identified in the 2010 — 2014 Capital Improvement Plan; and NOW, THEREFORE BE IT RESOLVED by the City Council to order the improvement of City Project 10 -7 , 2010 Trail Maintenance and to order the plans and specifications for said project; and BE IT FURTHER RESOLVED by the City Council to hereby direct the _ Director of Public Works / City Engineer to prepare the plans and specifications for such improvement project. MOTION seconded by Councilmember Trude and adopted by the City Council at a regular meeting this 4 th day of November , 2009 with Councilmembers Jacobson, Trude, Knight, Gamache, Bukkila (absent) voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: Minn ael R. Ga' the - Mayor Michelle Hartner— Deputy City Clerk © CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 086 -09 MOTION by Councilmember Jacobson to adopt the following: A RESOLUTION ORDERING IMPROVEMENT AND DIRECTING PREPARATION OF PLANS AND SPECIFICATIONS FOR PROJECT NO. 10 -5 FOR 2010 PAVEMENT MARKINGS WHEREAS, the City Council is cognizant of the need for the pavement markings improvements; and NOW, THEREFORE BE IT RESOLVED by the City Council to order the improvement of 2010 Pavement Markings Project 10 -5 ; and BE IT FURTHER RESOLVED by the City Council to hereby direct the _ Director of Public Works /City Engineer to prepare the plans and specifications for such improvement project. MOTION seconded by Councilmember Trude and adopted by the City Council at a regular meeting this 4 day of November , 2009 , with Councilmembers Jacobson, Trude, Knight, Gamache, Bukkila (absent) voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: �`- migKael R. Ga ache - Mayor Michelle Hartner — Deputy Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 085 -09 MOTION by Councilmember Jacobson to adopt the following: A RESOLUTION ORDERING IMPROVEMENT AND DIRECTING PREPARATION OF PLANS AND SPECIFICATIONS FOR PROJECT NO. 10 -4 FOR 2010 SEAL COATING WHEREAS, the City Council is cognizant of the need for the seal coating improvements; and NOW, THEREFORE BE IT RESOLVED by the City Council to order the improvement of 2010 Seal Coating , Project 10 -4 ; and BE IT FURTHER RESOLVED by the City Council to hereby direct the Director of Public Works /City Engineer to prepare the plans and specifications for such improvement project. MOTION seconded by Councilmember Trude and adopted by the City Council at a regular meeting this 4 th day of November , 2009 , with Councilmembers Jacobson. Trude, Knight, Gamache, Bukkila (absent) voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: 4z e rr 1 ael R. Ga he - Mayor Mic elle Hartner— Deputy Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 084 -09 MOTION by Councilmember Jacobson to adopt the following: A RESOLUTION ORDERING IMPROVEMENT AND DIRECTING PREPARATION OF PLANS AND SPECIFICATIONS FOR THE IMPROVEMENT OF PROJECT NO. 10 -3 FOR THE 2010 CRACK SEALING . WHEREAS, the City Council is cognizant of the need for the crack sealing improvements; and NOW, THEREFORE BE IT RESOLVED by the City Council to order the improvement of 2010 Crack Sealing , Project 10 -3 ; and 4 BE IT FURTHER RESOLVED by the City Council to hereby direct the Director of Public Works /City Engineer to prepare the plans and specifications for such improvement project. MOTION seconded by Councilmember Trude and adopted by the City Council at a regular meeting this 4 day of November 2009 ,with Councilmembers Jacobson. Trude, Knight, Gamache, Bukkila (absent) voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: � , Mjc ael R. 4anlache - Mayor is elle Hartner — Deputy City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 083 -09 MOTION by Councilmember Jacobson to adopt the following: A RESOLUTION ORDERING PREPARATION OF A FEASIBILITY REPORT FOR THE IMPROVEMENT OF PROJECT NO. 10 -2, 2010 STREET RECONSTRUCTION WHEREAS, the City Council of the City of Andover is cognizant of the need for the improvements, specifically Project 10 -2, 2010 Street Reconstruction and WHEREAS, the City Council proposes to assess the benefiting properties for all or a portion of the costs of the improvements, pursuant to Minnesota Statutes 429. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover that: 1. The City Council is cognizant of the need for improvements. 2. The proposed improvement is hereby referred to the Director of Public Works /City Engineer and he is instructed to provide the City Council with a feasibility report. MOTION seconded by Councilmember Trude and adopted by the City Council at a regular meeting this 4 day of November 2009 , with Councilmembers Jacobson Trude Knight, Gamache. Bukkila (absent) voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: Mictfael R. Gamache - Mayor 1\66helle Hartner — Deputy City Clerk ,10 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 082 -09 WITHDRAWAL AND TERMINATION FROM THE JOINT AND COOPERATIVE AGREEMENT FOR THE USE OF PERSONNEL AND EQUIPMENT DURING EMERGENCIES, REGIONAL MUTUAL AID ASSOCIATION WHEREAS, the City of Andover desires to withdraw and terminate from the Joint and Cooperative Agreement for the use of Personnel and Equipment during Emergencies, Regional Mutual Aid Association approved in 1989; and WHEREAS, Article VI of the Agreement allows any party to withdraw at any time upon thirty (30) days written notice to the Secretary of the Regional Mutual Aid Association, who shall thereupon give notice of such withdrawal, and of the effective date thereof, to all other parties. © NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover as follows: 1. That the City of Andover shall withdraw from the Joint and Cooperative Agreement for Use of Personnel and Equipment During Emergencies, Regional Mutual Aid Association. 2. That the Public Works director is directed to submit written notice to the Secretary of the Regional Mutual Aid Association of the City's intent to withdraw from the Joint and Cooperative Agreement for Use of Personnel and Equipment During Emergencies, Regional Mutual Aid Association. PASSED by the City Council of the City of Andover this 4 day of November 2009. CITY OF ANDOVER ATTEST: *�— MXhael R. Gamache – Mayor Miclhelle Hartner – D eputy City Clerk © CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA R081 -09 A RESOLUTION AUTHORIZING APPLICATIONS FOR 2009 COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS TO BE USED TO CONDUCT PROJECTS WITHIN THE CITY OF ANDOVER FOR THE BETTERMENT OF ANDOVER RESIDENTS WHEREAS, the City Council recognizes the need to use Community Development Block Grant funds for the betterment of Andover residents; and WHEREAS, the County of Anoka makes said funds available to the City through the United States Department of Housing and Urban Development, following guidelines established for the use of Community Development Block Grant funds; and WHEREAS, the City will be eligible to receive funds distributed by Anoka County to conduct projects for the residents of the City; and NOW, THEREFORE, BE IT RESOLVED, that the City Council hereby approves the 2009 10 Community Development Block Grant Project and Budget as follows: 2009 Authorized CDBG Applications with Request Amount 2009 Project Proposal Andover Down Payment Assistance Program $50,000 TOTAL $50,000 Adopted by the City Council of the City of Andover on this 20' day of October, 2009. CITY OF ANDOVER chael R. Gamache, Mayor ATTEST: Midhelle Hartner, Deputy City Clerk © CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R080 -09 A RESOLUTION APPROVING THE CONDITIONAL USE PERMIT REQUEST FOR A TELECOMMUNICATION ANTENNA LOCATED IN PRAIRIE KNOLL PARK ON PROPERTY LEGALLY DESCRIBED AS PRAIRIE KNOLL PARK, BARNES ROLLING OAKS SECOND ADDITION, ANOKA COUNTY, MINNESOTA. WHEREAS, T- MOBILE has requested a conditional use permit to install a telecommunication antenna on the subject property, and; WHEREAS, the Planning Commission held a Public Hearing pursuant to the requirements of City Code 12 -14 -8, and; WHEREAS, the Planning Commission finds the request would not have a detrimental effect on the health, safety, and general welfare of the City of Andover, and; WHEREAS. The Planning Commission recommends to the City Council approval of the Conditional Use Permit with approval of a variance from the setback and collocation requirements of City Code 9 -12, and; NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover has received the recommendation of the Planning Commission and approves the Conditional Use Permit for a 100 foot © monopole telecommunication cell phone antenna, subject to the following conditions: 1) Applicant shall. execute a license agreement with the City of Andover prior to commencing construction on the site. Said agreement will include a site plan specifically identifying the tower location on the east side of Prairie Knoll Park (as noted in the attached Exhibit A). 2) Applicant shall be required to relocate the existing irrigation system if necessary to provide coverage of the area surrounding the proposed improvements. 3) Applicant shall be required to restore any disturbed earth or plantings as necessary. 4) Applicant shall meet the requirements of the Federal Aviation Administration. 5) Applicant shall provide documentation from a structural engineer regarding the setback requirement as it pertains to the circumstances in event of a collapse as outlined in City Code 9 -12 -8, B. 6) Applicant shall submit a revised plan set with the new location showing the access and utility easements and design the antenna and building according to City standards. 7) Exterior material of the equipment building shall be made of brick to match or be similar to the warming house building located at Prairie Knoll Park. Shingles on the structure shall also match. 8) Applicant shall submit a building permit to the Building Department with a detailed set of plans from the Architect including the specifications of the footing foundation for the monopole. 9) Applicant shall be responsible for full maintenance and costs associated with any access to the proposed tower and building area, including but not limited to snow plowing. 10) The Conditional Use Permit shall be subject to a sunset clause as defined in City Code 12 -14 -6. 11) Co- location provision of the City Code Section 9 -12 is waived. Adopted by the City Council of the City of Andover on this 20 day of October, 2009 © CITY OF ANDOVER s ATTEST" 'chael R. Gamache, Mayor Mi elle Harmer, Deputy City Clerk s :z 'Ymi n�_ �Y d A F � u Exhibit A CUP # 09 -08 Resolution Noi 080 -09 t t x �-... _ rm a w C f .� 1 FF ' i ♦ �, Yid S k f �� Yi a:. A y N Oki ki rvy .J �4`- �d -°?..: .� 1 - Tom } 5. '���' ry •�P =? t` ��i CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA © RES. NO R079 -09 A RESOLUTION ADOPTING THE CITY OF ANDOVER 2010 -2014 CAPITAL IMPROVEMENT PLAN. WHEREAS, the preparation and adoption of capital improvement plans is recognized as sound financial practice; and WHEREAS, the City of Andover has the responsibility to appropriately and efficiently manage the public's funds; and WHEREAS, the City of Andover has the responsibility to appropriately and efficiently manage the public's infrastructure and equipment; and NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Andover hereby adopts the 2010 -2014 City of Andover Capital Improvement Plan. Adopted by the City of Andover this 20th day of October 2009. CITY OF ANDOVER �'4 d A E MiK ael R. Gamac Mayor Jame ickinson - City Clerk © STATE OF MINNESOTA) COUNTY OF ANOKA) CITY OF ANDOVER) I, the undersigned, being the duly qualified and acting City Clerk of the City of Andover, Minnesota, do hereby certify that I have carefully compared the attached Resolution No. R079 -09 adopting the City of Andover 2010 -2014 Capital Improvement Plan with the original record thereof preserved in my office, and have found the same to be true and correct transcript of the whole thereof. IN TESTIMONY WHEREOF, I have hereunto subscribed my hand this 20th d of to 09. Ja Dickinson - City Clerk © CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R078 -09 MOTION by Councilmember Jacobson to adopt the following: A RESOLUTION ACCEPTING A CONTRIBUTION MADE TO THE CITY OF ANDOVER TO BE USED TOWARDS THE OPERATIONS OF THE ANDOVER FIRE DEPARTMENT. WHEREAS, any contributions that are to be made to the City of Andover must be accepted by the City Council; and WHEREAS, the contribution from O'Reilly Auto Parts of $200 is to be used towards the operations of the Andover Fire Department. NOW, THEREFORE BE IT RESOLVED by the City Council to hereby accept the contribution, which is to be used towards the operations of the Andover Fire Department. ® MOTION seconded by Councilmember Knight and adopted by the City Council at a regular meeting this 20th day of October 2009, with Councilmembers Gamache. Trude and Bukkila voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: Nydhael R. amache - Mayor Michelle Hartner - Deputy City Clerk © CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 077 -09 MOTION by Councilmember Jacobson to adopt the following: A RESOLUTION ADOPTING THE AMENDED ASSESSMENT ROLL FOR THE IMPROVEMENT OF PROJECT NO. 08 -36 , CARDINAL RIDGE 2 ADDITION WHEREAS, the property owner has waived their right to a public hearing. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF ANDOVER, MINNESOTA: 1. Such proposed assessment, a copy of which is attached hereto and made part hereof, is hereby accepted and shall constitute the special assessment against the lands named therein, and each tract of land therein included is hereby found to be benefited by the proposed improvement in the amount of the assessment levied against it. 2. Such assessment shall be payable in equal annual installments, extending over a period of 8 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 5.5 percent per © annum from the date of the adoption of this assessment resolution. 3. The owner of any property so assessed may, at any time prior to certification of the assessment or the first installment thereof to the county auditor, pay the whole of the assessment on such property, with interest accrued to the date of payment, to the municipal treasurer, except that no interest shall be charged if the entire assessment is paid within 30 days from the adoption thereof; and, except as hereinafter provided, the owner may at any time prior to November 15 of any year, prepay to the treasurer of the municipality having levied said assessments, the whole assessment remaining due with interest accrued to December 31 of the year in which said prepayment is made. MOTION seconded by Councilmember Knight and adopted by the City Council at a regular meeting this 20 day of October 2009 , with Councilmembers Jacobson, Knight, Gamache, Trude, Bukkila voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER © ATTEST: �— —,_ a MI hael R. Gamache - Mayor L Michelle Hartner — Deputy City Clerk © CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO R076 -09 A RESOLUTION GRANTING THE VACATION OF A PORTION OF A DRAINAGE AND UTILITY EASEMENT ON LOT 8, BLOCK 1, PRAIRIE COVE LEGALLY DESCRIBED ON EXHIBIT A WHEREAS, the property owner has requested to vacate a portion of the existing drainage and utility easement on Lot 8, Block 1, of Prairie Cove to achieve additional useable rear yard space, and; WHEREAS, the property owner has provided a plan to the city for adjustments to the grading of the rear yard of the property to allow a portion of the existing drainage and utility easement to be vacated, and; WHEREAS, the Engineering Department has reviewed the proposed plan and proposed easement vacation and determined that the proposal will accommodate the drainage required by the Prairie Cove Plat, and; WHEREAS, a public hearing was held pursuant to City Code 8 -6, and; © WHEREAS, the City Council finds the request would not have a detrimental effect upon the health, safety, moral, and general welfare of the City of Andover, and; NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby grants the vacation of a portion of the existing drainage and utility easement as described on Exhibit A. Adopted by the City Council of the City of Andover on this 6 th day of October, 2009 subject to the following: 1. The applicant shall provide an as -built survey to the city upon completion of the project to ensure that the grading of the subject property conforms to the plan stamped received by the City of Andover September 22, 2009. 2. This resolution shall not be released for recording with Anoka County until the project has been completed and successfully passed inspection by the Engineering Department. CITY OF ANDOVER ATTEST 'chael R. Gamache, Mayor l hell ' e Hartner, Deputy City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA © RES. NO. R075 -09 MOTION by Councilmember Jacobson to adopt the following: A RESOLUTION DECLARING COST, DIRECTING PREPARATION OF ASSESSMENT ROLL AND SCHEDULING PUBLIC HEARING FOR THE CERTIFICATION OF DELINQUENT UTILITY SERVICES CHARGES, MOWING FEES, TREE REMOVAL, FALSE ALARM FINES AND ANIMAL CONTROL FEES THE CITY COUNCIL OF THE CITY OF ANDOVER HEREBY RESOLVES: WHEREAS, delinquent utility service charges, mowing fees, tree removal, false alarm fines and animal control fees in the amount of $79,894.29 exist as of September 24, 2009; and WHEREAS, City Code Chapter 3, 10 -3 -31); City Code Chapter 1, 10 -1 -91 and City Code Chapter 5, 8 -5 -31) provide for the collection by assessment of unpaid water, sewer, storm sewer, street light service charges, mowing fees, tree removal, false alarm fines and animal control fees respectively. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF ANDOVER, MINNESOTA: 1. The amount of the cost to be assessed against benefited property owners is declared to be $79,894.29 plus an administrative fee of 15 %. 2. Assessment shall be payable in equal annual installments extending over a period of 1 year. The first of the installments to be payable on or before the first Monday in January 2010, and shall bear interest at the rate of 8 percent per annum from the date of the adoption of the assessment resolution. 3. The City Clerk, with the assistance of the Finance Director shall forthwith calculate the proper amount to be assessed against every assessable lot, piece or parcel of land, without regard to cash valuation, as provided by law, and the Clerk shall file a copy of such proposed assessment in the Clerk's office for public inspection. 1. The Clerk shall, upon the completion of such proposed assessment, notify the Council thereof. BE IT FURTHER RESOLVED BY THE CITY COUNCIL; 1. A hearing shall be held the 4th day of November, 2009 at the Andover City Hall at 7:00 P.M. to pass upon such proposed assessment and at such time and place all persons affected by such proposed assessment will be given an opportunity to be heard with reference to such assessment. 2. The City Clerk is hereby directed to cause a notice of hearing on the proposed assessment to be published once in the official newspaper at least two weeks prior to © the hearing. 3. The owner of any property so assessed may at any time prior to certification of the assessment to the County Auditor, pay the whole assessment with no interest. MOTION seconded by Councilmember Trude and adopted by the City Council at a regular © meeting this 6th day of October, 2009, with Councilmembers Gamache Knight and Bukkila voting in favor of the resolution, and Councilmembers None voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: M ael R. Gamache - Mayor Midhelle Hartner — Deputy City Clerk CITY OF ANDOVER © COUNTY OF ANOKA STATE OF MINNESOTA RESOLUTION NO. R074 -09 RESOLUTION CALLING FOR A PUBLIC HEARING BY THE CITY COUNCIL ON THE PROPOSED ADOPTION OF A MODIFICATION TO THE DEVELOPMENT PROGRAM FOR DEVELOPMENT DISTRICT NO. 1 AND THE PROPOSED ADOPTION OF THE MODIFICATIONS TO THE TAX INCREMENT FINANCING PLANS FOR TAX INCREMENT FINANCING DISTRICT NOS. 1 -1 AND 1 -2, BOTH REDEVELOPMENT DISTRICTS. BE IT RESOLVED by the City Council (the "Council ") for the City of Andover, Minnesota (the "City"), as follows: Section 1. Public Hearing This Council shall meet on November 17, 2009, at approximately 7:00 P.M., to hold a public hearing on the proposed adoption of a Modification to the Development Program for Development District No. 1 and the proposed adoption of the Modifications to the Tax Increment Financing Plans for Tax Increment Financing District Nos. 1 -1 and 1 -2 , which are referred to collectively herein as the "Modifications ", all pursuant to and in accordance with Minnesota Statutes, Sections 469.090 to 469.1082, Sections 469.124 to 469.134, and Sections 469.174 to 469.1799, inclusive, as amended, in an effort to encourage the development and redevelopment of certain designated areas within the City; and Section 2. Notice of Public Hearing, Filing of Modifications City staff is authorized and directed to work with Ehlers & Associates, Inc., to prepare the Modifications and to forward documents to the appropriate taxing jurisdictions including Anoka County and Independent School District No. 11. The City Administrator is authorized and directed to cause notice of the hearing, together with an appropriate map as required by law, to be published at least once in the official newspaper of the City not later than 10, nor more than 30, days prior to November 17, 2009, and to place a copy of the Modifications on file in the City Administrator's office at City Hall and to make such copy available for inspection by the public. Dated: October 6, 2009 Adopted: i e Gamache, Mayor Pickinson, City Administrator CITY OF ANDOVER COUNTY OF ANOKA © STATE OF MINNESOTA RES. NO. 073 -09 MOTION by Councilmember Jacobson to adopt the following: A RESOLUTION FOR HEARING ON PROPOSED ASSESSMENT FOR PROJECT NO. 08 -37 157 AVENUE NW RECONSTRUCTION (MSAS 102) WHEREAS, by a resolution passed by the City Council on September 15, 2009 the City Clerk was directed to prepare a proposed assessment of the cost of the improvement for Project No. 08 -37 . WHEREAS, the City Clerk has notified the Council that such proposed assessment has been completed and filed in her office for public inspection. NOW, THEREFORE, BE IT RESOLVED by the City Council of Andover, Minnesota: 1. A hearing shall be held the 4 day of November 2009 , in the City Hall at 7:00 PM to pass upon such proposed assessment and at such time and place all persons owning property affected by such improvements will be given an © opportunity to be heard with reference to such assessment. 2. The City Clerk is hereby directed to cause a notice of the hearing on the proposed assessment to be published once in the official newspaper at least two weeks prior to the hearing, and she shall state in the notice the total cost of improvement. She shall also cause mailed notice to be given to the owner of each parcel described in.the assessment roll not less than two weeks prior to the hearings. MOTION seconded by Councilmember Trude and adopted by the City Council at a regular meeting this 6 day of October 2009 , with Councilmembers Jacobson, Trude, Knight, Gamache, Bukkila voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: Mich el R. Ga he - Mayor C44 CV2 f 1 r Lt'L, 3 Mi helle Hartner — Deputy City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 072 -09 MOTION by Councilmember Jacobson to adopt the following: A RESOLUTION FOR HEARING ON PROPOSED ASSESSMENT FOR PROJECT NO. 09 -2 2009 STREET RECONSTRUCTION . WHEREAS, by a resolution passed by the City Council on September 15, 2009 the City Clerk was directed to prepare a proposed assessment of the cost of the improvement for Project No. 09 -2 . WHEREAS, the City Clerk has notified the Council that such proposed assessment has been completed and filed in her office for public inspection. NOW, THEREFORE, BE IT RESOLVED by the City Council of Andover, Minnesota: 1. A hearing shall be held the 4 th day of November 2009 , in the City Hall at 7:00 PM to pass upon such proposed assessment and at such time and place all persons owning property affected by such improvements will be given an opportunity to be heard with reference to such assessment. 2. The City Clerk is hereby directed to cause a notice of the hearing on the proposed assessment to be published once in the official newspaper at least two weeks prior to the hearing, and she shall state in the notice the total cost of improvement. She shall also cause mailed notice to be given to the owner of each parcel described in the assessment roll not less than two weeks prior to the hearings. MOTION seconded by Councilmember Trude and adopted by the City Council at a regular meeting this 6 th day of October 2009 with Councilmembers Jacobson. Trude, Knight Gamache Bukkila voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST:« - Mi ael R. Gam the - Mayor Michelle Hartner — Deputy City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 071 -09 MOTION by Councilmember Jacobson to adopt the following: A RESOLUTION DECLARING COST AND DIRECTING PREPARATION OF ASSESSMENT ROLLS FOR THE IMPROVEMENT OF PROJECT NO. 08 -37 157 AVENUE NW RECONSTRUCTION (MSAS 102) THE CITY COUNCIL OF THE CITY OF ANDOVER HEREBY RESOLVES: WHEREAS, the final contract cost for the improvement amounts to $ 343,002.17 the expenses incurred or to be incurred in the making of such improvement amount to $ 89,327.89 so that the total project cost of the improvement will be $ 432,330.06 1. NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Andover, MN: The portion of the cost of such improvement to be paid by the City is hereby declared to be $ 359,954.02 , and the amount to be assessed against benefited property owners is declared to be $ 72,376.04 2. Assessments 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 1 st Monday in January 2010 and shall bear interest at the rate of 4.5 percent per annum from the date of the adoption of the assessment resolution. 3. The City Clerk, with the assistance of the City Engineer shall forthwith calculate the proper amount to be specially assessed for such improvement against every assessable lot, piece or parcel of land within the district affected, without regard to cash valuation, as provided by law, and she shall file a copy of such proposed assessment in her office for public inspection. 4. The Clerk shall, upon the completion of such proposed assessment, notify the Council thereof. MOTION seconded by Councilmember Knight and adopted by the City Council at a regular meeting this 15 day of September , 2009 with Councilmembers Jacobson, Knight, Gamache, Trude, Bukkila voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: Mi hael R. Ga ache - Mayor Midhelle Hartner — Deputy City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R070 -09 A RESOLUTION APPROVING A CONDITIONAL USE PERMIT AMENDMENT TO EXTEND THE APPROVAL OF LAND RECLAMATION ON PROPERTY LOCATED AT 2748 161 AVENUE NW(P.I.D. 16- 32- 24 -42- 0001), LEGALLY DESCRIBED AS; THE Northwest quarter of the Southeast quarter of Section 16 Township 32 Range 24, Anoka County, Minnesota except that part described as follows: beginning at a point on the North line of said quarter quarter 1869.85 feet west from the East quarter corner of said section, thence South at a right angle to said North line 208 feet, thence West parallel with said North line 400 feet, thence North at a right angle 208 feet to said North line, thence East along said North line 400 feet to point of beginning, except road, subject to easements of record WHEREAS, Grant Schmitt has requested a Conditional Use Permit to extend the approval of the existing conditional use permit to allow land reclamation to continue for a three year period on property located at 2748 161 Avenue NW; and WHEREAS, the Planning Commission has reviewed the request and has determined that said request meets the criteria of the City Code; and WHEREAS, the Planning Commission finds the request would not have a detrimental effect upon the health, safety, and general welfare of the City of Andover; and WHEREAS, the Planning Commission recommends to the City Council approval of the Conditional Use Permit request; NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover has received the recommendation of the Planning Commission and approves the conditional use permit to allow land reclamation subject to the following conditions: 1. The volume of material stockpiled on the subject property shall be limited to a maximum of 3,000 cubic yards. 2. The permit shall be limited to three years and shall expire December 1, 2012. 3. This permit shall be subject to annual site inspection to determine compliance with the City Code and the conditions of this permit. 4. The applicant shall maintain a 3 -4 foot berm over the portion of the Northern Natural Gas pipeline that will be crossed by trucks. The berm shall be removed when hauling has been completed. 5. No concrete, asphalt or other construction material or debris shall be allowed to be stored on the site as a part of this permit. ® 6. The stockpile shall be located in the southwest quadrant of the subject property. 7. The stockpile shall be seeded and mulched to prevent displacement. 8. The hours of operation shall only be between 7:00 am and 6:00 pm. 9. The subject property shall be restored to a level condition and groundcover shall be established when the material has been removed and/or at the time the permit expires. 10. Mining of material beyond the imported stockpile shall be prohibited. 11. The Conditional Use Permit shall be subject to a sunset clause as defined in City Code 12- 14 -6D. Adopted by the City Council of the City of Andover on this 15 day of September, 2009. CITY OF ANDOVER ATTEST: Mi hael R. G ache, Mayor *Mihelle Deputy City Clerk CITY OF ANDOVER COUNTY OF ANOKA Q STATE OF MINNESOTA RES. NO. 069 -09 MOTION by Councilmember Jacobson to adopt the following: A RESOLUTION DECLARING COST AND DIRECTING PREPARATION OF ASSESSMENT ROLL FOR THE IMPROVEMENT OF PROJECT NO. 09 -2 , 2009 STREET RECONSTRUCTION THE CITY COUNCIL OF THE CITY OF ANDOVER HEREBY RESOLVES: WHEREAS, the final construction cost for the improvement amounts to $ 631,643.98 , the expenses incurred or to be incurred in the making of such improvement amount to $ 164,165.81 so that the total project cost of the improvement will be $ 795,809.79 1. NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Andover, MN: The portion of the cost of such improvement to be paid by the City is hereby declared to be $ 596,857.41 , and the amount to be assessed against benefited property owners is declared to be $ 198,952.38 2. Assessments 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 the rate of 4.5 percent per annum from the date of the adoption of the assessment resolution. 3. The City Clerk, with the assistance of the City Engineer shall forthwith calculate the proper amount to be specially assessed for such improvement against every assessable lot, piece or parcel of land within the district affected, without regard to cash valuation, as provided by law, and she shall file a copy of such proposed assessment in her office for public inspection. 4. The Clerk shall, upon the completion of such proposed assessment, notify the Council thereof. MOTION seconded by Councilmember Knight and adopted by the City Council at a regular meeting this 15 day of September , 2009 with Councilmembers Jacobson. Knight Gamache Trude Bukkila voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: 4 M*a6l R. G mache - Mayor Mic elle Hartner — Deputy City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA © RES. NO. R068 -09 A RESOLUTION UPDATING CERTIFIED BONDED INDEBTEDNESS FOR 2010. WHEREAS, the preparation and adoption of budgets is recognized as sound financial practice; and WHEREAS, the City of Andover has the responsibility to appropriately and efficiently manage the public's funds; and WHEREAS, the City of Andover has determined that it is prudent to update certified bonded indebtedness levies for 2010; and WHEREAS, the Anoka County Property Records and Taxation Division is requiring a City Council resolution updating bonded indebtedness levies that would have been certified to Anoka County as part of prior year bond sales. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Andover hereby updates all or a portion of previously certified bonded indebtedness levies for 2010 as listed on Attachment A. Adopted by the City of Andover this l' day of September 2009. CITY OF ANDOVER © A ES _ Mi ael R. Gamache - Mayor Ji ckinson —City Clerk STATE OF MINNESOTA) © COUNTY OF ANOKA ) CITY OF ANDOVER ) I, the undersigned, being the duly qualified and acting City Clerk of the City of Andover, Minnesota, do hereby certify that I have carefully compared the attached Resolution No. R068 -09 adopting the City of Andover updates of all or a portion of previously certified bonded indebtedness levies for 2010 with the original record thereof preserved in my office, and have found the same to be true and correct transcript of the whole thereof. IN TESTIMONY WHEREOF, I have hereunto subscribed my hand this I st day of e nber 2009. J' ickinson - City Cleric CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA © RES. NO. R067 -09 A RESOLUTION ADOPTING THE CITY OF ANDOVER 2010 PROPOSED PROPERTY TAX LEVY TO BE CERTIFIED TO THE COUNTY AUDITOR. WHEREAS, the preparation and adoption of operating budgets is recognized as sound financial practice; and WHEREAS, the City of Andover receives significant financial support from its residents through the payment of property taxes; and WHEREAS, the City of Andover has the responsibility to appropriately and efficiently manage the public's funds; and WHEREAS, Minnesota State Law requires the City to certify to the County Auditor a proposed tax levy prior to September 15, 2009. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Andover hereby adopts the proposed 2010 property tax levy totaling $10,911,326 as listed on Attachment A. Adopted by the City of Andover this 1 st day of September 2009. CITY OF ANDOVER TTES Michael R. Gamache`- Mayor A ` Ji 'ckinson - City Clerk STATE OF MINNESOTA) COUNTY OF ANOKA ) CITY OF ANDOVER ) I, the undersigned, being the duly qualified and acting City Clerk of the City of Andover, Minnesota, do hereby certify that I have carefully compared the attached Resolution No. R067 -09 adopting the 2010 Proposed Property Tax Levy with the original record thereof preserved in my office, and have found the same to be true and correct transcript of the whole thereof. IN TESTIMONY WHEREOF, I have hereunto subscribed my ban this lst d eptember 2009. © Ji Di kinson - City Clerk CITY OF ANDOVER © COUNTY OF ANOKA STATE OF MINNESOTA RES NO. R066 -09 A RESOLUTION GRANTING A ONE YEAR TIME EXTENSION OF THE APPROVED FINAL PLAT FOR TIMBER TRAILS 2' ADDITION WHEREAS, a fmal plat for Timber Trails 2 nd Addition was approved by the City Council on September 4, 2007; and WHEREAS, the subject property has since been purchased by Landmark Community Bank; and WHEREAS, Landmark Community Bank has requested a time extension to complete the approved plat; and NOW, THEREFORE, BE IT RESOLVED, the City Council of the City of Andover hereby © approves a one year time extension to complete Timber Trails 2 Addition subject to the following: 1. The plat shall be completed in conformance with Resolutions R123 -07 and R099 -07. 2. Landmark Community Bank either assuming the development agreement entered into by the original developer or entering into a new development agreement acceptable to the City Attorney. Adopted by the City Council of the City of Andover this 1 day of September, 2009. CITY OF ANDOVER TTEST:� Mic elle Hartner, Deputy City Clerk ael R. Garnkire, Mayor CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 065 -09 MOTION by Council member Jacobson to adopt the following: A RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR THE IMPROVEMENT OF PROJECT NO. 09 -11 FOR WATER TREATMENT PLANT BUILDING EXPANSION WHEREAS, pursuant to advertisement for bids as set out in Council Resolution No. 054 -09 dated July 7 , 2009 bids were received, opened and tabulated according to law with results as follows: Contractor Base Bid Alternate Bid Total Bid (Incl. Alt) Gridor Construction $741,500 ($42,000) $699,500 Municipal Builders, Inc. $777,321 ($40,000) $737,321 Magney Construction, Inc. $808,800 ($37,000) $771,800 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby accept the bids as shown to indicate Gridor Construction as being the apparent low bidder. BE IT FURTHER RESOLVED TO HEREBY direct the Mayor and City Clerk to enter into a contract with Gridor Construction in the amount of $ 699,500.00 for construction of the improvements; and direct the City Clerk to return to all bidders the deposits made with their bids, except that the deposit of the successful bidder and the next two lowest bidders shall be retained until the contract has been executed and bond requirements met. MOTION seconded by Council member Knight and adopted by the City Council at a regular meeting this 18 day of Auqust 2009 with Council members Jacobson, Knight, Gamache, Trude, Bukkila voting in favor of the resolution, and Council members none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: ✓ /O/ c1� chael R. Gamache - Mayor Midhhelle Hartner — Deputy City Clerk CITY OF ANDOVER © COUNTY OF ANOKA STATE OF MINNESOTA RES. NO R064 -09 A RESOLUTION APPROVING AN AMENDMENT TO THE APPROVED PLANNED UNIT DEVELOPMENT OF ANDOVER CLOCKTOWER COMMONS TO ALLOW INTERIM INTERSECTION IMPROVEMENTS THAT PROVIDE AN ACCESS TO CROSSTOWN BOULEVARD NW WHEREAS, BDT Land, LLC has requested approval of an amendment to the approved planned unit development to allow direct access to Crosstown Boulevard NW; and WHEREAS, City Code 13 -3 -10 requires a public hearing to review changes to the approved development and design; and WHEREAS, pursuant to published and mailed notice thereof, the Planning Commission has conducted a public hearing on said amendment; and WHEREAS, as a result of such public hearing, the Planning Commission recommended to the City Council that a % intersection be allowed provided that the roadway improvements conform to Engineering Department review comments; and WHEREAS, to obtain approval of interim intersection improvements to provide access to Crosstown Boulevard the applicant has agreed to construct a permanent intersection improvement of the westbound right -turn lane off Crosstown Boulevard accessing the Andover Clocktower Commons development as described by the feasibility study of City Project File 408 -20A at the time Lot 3 or Lot 4 of Block 1 of Andover Clocktower Commons are built upon; and NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover has received the recommendation of the Planning Commission and hereby approves the proposed amendment to allow interim intersection improvements to provide access to Andover Clocktower Commons from Crosstown Boulevard subject to the following: 1. Design and construction of the interim intersection improvements shall follow city policy for developer installed improvements and conform to the recommendations of the Engineering Department Memorandum dated August 14, 2009 with the following exceptions: a. For comment #1lwhere the City Council agrees to allow bituminous curb; b. For comment 914 where the City Council finds the applicant's professional engineer's proposal for the turn lane length will be followed; and c. For comment #16 where the City Council finds the applicant's professional engineer's storm drainage plan proposal to be acceptable and the final plan will need to be signed by the applicant's professional engineer. 2. The applicant shall be required to complete a development contract in the form adopted by the © City Council, in compliance with the City Code and as acceptable to the City Attorney for the interim intersection improvements approved with this resolution. The applicant shall provide a financial security as determined by City Code 1 -7 -3 in a form acceptable to the city to guarantee that these improvements will be completed. 3. The applicant shall also be responsible for all permanent westbound right turn lane Q improvements off Crosstown Boulevard accessing the Andover Clocktower Commons development described in the feasibility study for City Project File #08 -20A. These improvements shall be completed in compliance with city design standards and adopted policies by the time a certificate of occupancy is issued for either Lot 3 or Lot 4, Block 1 of Andover Clocktower Commons. The applicant shall provide a financial security as determined by City Code 1 -7 -3 in a form acceptable to the city to guarantee that these improvements will be completed at the time a building permit is approved for Lot 3 or Lot 4, Block 1 of Andover Clocktower Commons. Adopted by the City Council of the City of Andover this l8 day of August, 2009. CITY OF ANDOVER ATTEST: � 4Mhelle Harmer, Deputy City Clerk ichael R. Gamac e, Mayor © CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R063 -09 A RESOLUTION AMENDING CONDITIONAL USE PERMIT TO EXTEND THE APPROVAL FOR SUBORDINATE CLASSROOM STRUCTURES TO AUGUST 18, 2012 FOR MEADOW CREEK CHRISTIAN SCHOOL ON PROPERTY LOCATED AT 3037 BUNKER LAKE BOULEVARD NW LEGALLY DESCRIBED AS: The south 1089 feet of the east 777.28 feet of the west half of the northwest quarter of Section 33, Township 32, Range 24; except the east 400 feet of the south 433 feet; except roads; subject to easements of record; Anoka County, Minnesota WHEREAS, Meadow Creek Christian School received approval of a conditional use permit to allow subordinate classroom structures until July of 2009 from the City Council on May 15, 2007; and WHEREAS, Meadow Creek Christian School has purchased property where a new school will be constructed and completed the commercial site plan review process with the city; and © WHEREAS Meadow Creek Christian School has requested that the conditional use permit for subordinate classroom structures be extended through August of 2012 to allow time for the new school to be constructed; and WHEREAS, the City Council held a public hearing and finds the request would not have a detrimental effect upon the health, safety, morals, and general welfare of the City of Andover; and NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby approves the conditional use permit amendment to allow for the continued use of the existing subordinate classroom structures with the following conditions: 1. The subordinate classroom structures shall continue to comply with the conditions of Resolution R107 -02 except as follows: a. The amended conditional use permit shall expire on August 31, 2012, or earlier upon termination of the lease of the premises for which the conditional use permit is granted. Adopted by the City Council of the City of Andover on this 18 day of August, 2009. CITY OF ANDOVER ATTEST: ichael R. Gamache, ayor Michelle Hartner, Deputy City Clerk CITY OF ANDOVER © COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 062 -09 MOTION by Councilmember Jacobson to adopt the following: A RESOLUTION DECLARING COST AND DIRECTING PREPARATION OF AN AMENDED ASSESSMENT ROLL FOR PROJECT 08 -36 CARDINAL RIDE 2 ND ADDITION THE CITY COUNCIL OF THE CITY OF ANDOVER HEREBY RESOLVES: WHEREAS, the expenses incurred or to be incurred in the making of such improvement amount to $ 50,298.74 so that the total cost of the improvement will be $ 367,790.79 . 1. NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Andover, MN: The portion of the cost of such improvement to be paid by the City is hereby declared to be $ _R.00 the amount to be assessed against benefited property owners is declared to be $ 367,790.79 _. 2. Assessments shall be payable in equal annual installments extending over a period of 8 years. The first of the installments to be payable on or before the 1 st Monday in January 2010 , and shall bear interest at the rate of 4.5 © percent per annum from the date of the adoption of the assessment resolution. 3. The City Clerk, with the assistance of the City Engineer shall forthwith calculate the proper amount to be specially assessed for such improvement against every assessable lot, piece or parcel of land within the district affected, without regard to cash valuation, as provided by law, and she shall file a copy of such proposed assessment in her office for public inspection. 4. The Clerk shall, upon the completion of such proposed assessment, notify the Council thereof. MOTION seconded by Councilmember Trude and adopted by the City Council at a regular meeting this 5 day of August , 2009 with Councilmembers Jacobson, Trude, Knight (absent), Bukkila, Gamache voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: -'te © Michael R. Gam — Mayor Mi 'helle Hartner — Deputy City Clerk © CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R061 -09 A RESOLUTION APPROVING CONDITIONAL USE PERMIT FOR USED VEHICLE SALES ON PROPERTY LOCATED AT 3075 162 LANE NW LEGALLY DESCRIBED AS LOT 7, BLOCK 1 HUGHS INDUSTRIAL PARK, ANOKA COUNTY MINNESOTA, SUBJECT TO EASEMENT OF RECORD WHEREAS, the applicant has requested approval of a conditional use permit for used vehicle sales on the subject property, and; WHEREAS, the Planning Commission finds the request would not have a detrimental effect upon the health, safety, and general welfare of the City of Andover, and; WHEREAS, the Planning Commission recommends to the City Council approval of the conditional use permit request, and; NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover has received the recommendation of the Planning Commission and hereby approves used vehicle sales on the subject property subject to the following: © 1. The applicant shall be required to obtain approval of a vehicle sales business license from the City Council. 2. The applicant shall be required to obtain a used vehicle dealer license from the State of Minnesota. 3. The applicant shall comply with all state and local laws, including but not limited to, those applicable to used motor vehicle dealers. 4. The applicant shall not engage in the business of buying or otherwise acquiring vehicles for dismantling the vehicles and selling used parts and remaining scrap materials. 5. The parking area shall be striped in conformance with the city code to provide a minimum of 16 parking stalls. Thirteen of these stalls shall be designated for the used vehicle sales business. This work shall be completed within 30 days of the date of this resolution. 6. The area of bare ground on the north side of the building shall be seeded to establish a uniformly maintained lawn area within 30 days from the date of this resolution. 7. The applicant shall have no more than one display vehicle in the parking area at any one time. The vehicle display parking stall shall be signed as such. 8. The site shall be kept free of trash, debris and junk vehicles. 9. Hours of operation shall only be between the hours of 6:00 am and 9:00 pm on Mondays through Saturdays. 10. Subject to favorable inspection of the Fire and Building Departments. Adopted by the City Council of the City of Andover on this 21 day of July, 2009. CITY OF ANDOVER © ATTEST: chael R. amache, Mayor 1 Mi helle Hartner, Deputy City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 060 -09 A RESOLUTION REQUESTING A SPEED STUDY ALONG CROSSTOWN BOULEVARD NW BETWEEN HANSON BOULEVARD NW & BLUEBIRD STREET NW LOCATED IN SECTION 23, TOWNSHIP 32, RANGE 24 IN THE CITY OF ANDOVER. WHEREAS, the Minnesota Department of Transportation is requested to do a speed study, and; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby request a study with MnDOT along Crosstown Boulevard NW between Hanson Boulevard NW & Bluebird Street NW. Adopted by the City Council of the City of Andover this 21 day of July © 2009. CITY OF ANDOVER ATTEST: M' ael R. Gam e - Mayor Mi elle Hartner — Deputy City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 059 -09 MOTION by Councilmember Knight to adopt the following: A RESOLUTION ORDERING IMPROVEMENT, APPROVING PLANS AND SPECIFICATIONS AND ORDERING QUOTES FOR THE IMPROVEMENT OF PROJECT NO. 09 -7 FOR 2009 TRAIL MAINTENANCE WHEREAS, the City Council is cognizant of the need for maintenance and improvement of the trail system; and WHEREAS, the project is identified in the 2009 — 2013 Capital Improvement Plan; and NOW, THEREFORE BE IT RESOLVED by the City Council to order the improvement of City Project 09 -7 , 2009 Trail Maintenance and to approve the plans and specifications for said project; and BE IT FURTHER RESOLVED by the City Council to hereby direct the City Engineer to solicit quotes for such improvement project. MOTION seconded by Councilmember Trude and adopted by the City Council at a regular meeting this 21 day of July , 2009 with Councilmembers , Trude, Gamache, Bukkila, Jacobson voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: Mi hael R. amache - Mayor L "CAI i helle Hartner — Deputy City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 058 -09 MOTION by Councilmember Knight to adopt the following: A RESOLUTION ADOPTING THE ASSESSMENT ROLL FOR THE IMPROVEMENT OF PROJECT NO. 09 -25 13758 ROUND LAKE BOULEVARD NW. WHEREAS, the property owner has waived their right to a public hearing. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF ANDOVER, MINNESOTA: 1. Such proposed assessment, a copy of which is attached hereto and made part hereof, is hereby accepted and shall constitute the special assessment against the lands named therein, and each tract of land therein included is hereby found to be benefited by the proposed improvement in the amount of the assessment levied against it. 2. Such assessment shall be payable in equal annual installments, extending over a period of 8 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 Trude and adopted by the City Council at a regular meeting this 21 s ' day of Jule 2009 , with Councilmembers Knight, Trude, Gamache, Bukkila Jacobson voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: Michael R. G4arache - Mayor M Hamner — Deputy City Clerk CITY OF ANDOVER COUNTY OF ANOKA © STATE OF MINNESOTA RES. NO. R057 -09 RESOLUTION IN SUPPORT OF A VETERANS CLINIC IN ANOKA COUNTY WHEREAS, men and women throughout Minnesota have served in the Armed Forces of the United States in times of peace and times of war; and, WHEREAS, by virtue of their commitment and service to their country, these men and women are entitled to quality, accessible medical care; and, WHEREAS, the United States Department of Veterans Affairs desires to construct a new Community Based Outpatient Clinic (CBOC) to provide health care services to these veterans; and, WHEREAS, many of the veterans who would be served by a new CBOC will rely on public transportation in order to access the medical services they need; and, WHEREAS, a new CBOC should be accessible via public highways and mass transit; and, WHEREAS, the Ramsey Town Center development in the City of Ramsey, Minnesota, is ideally located along US Highway 10, with transit bus service available and Northstar Commuter Rail service in close proximity in the near future; and, WHEREAS, the Ramsey Town Center development has fully established land and infrastructure to support the operation of a large medical clinic; and the City of Ramsey desires to attract new development to the Ramsey Town Center project; and WHEREAS, that the Andover City Council supports the construction of a new veterans CBOC in the City of Ramsey to be located in the Ramsey Town Center development: WHEREAS, that the Anoka County Board of Commissioners supported via resolution on June 23, 2009 the construction of a new veterans CBOC in the City of Ramsey to be located in the Ramsey Town Center development. NOW THEREFORE BE IT RESOLVED, that the Andover City Council urges the United States Department of Veterans Affairs to expedite the construction of a new CBOC at the earliest possible time. Adopted by the City Council of the City of Andover this 7 day of July 2009 CITY OF ANDOVE ATTEST: 1 � chael R. Gamache — Mayor e r � I LL- rte Mi helle Hartner — Deputy City Clerk CITY OF ANDOVER COUNTY OF ANOKA © STATE OF MINNESOTA RES. NO. R056 -09 A RESOLUTION APPROVING THE CITY OF ANDOVER 2008 COMPREHENSIVE PLAN UPDATE WHEREAS, the City of Andover pursuant to Minnesota Statutes 473.864, Subd. 2 and 473.175 has submitted for review and adoption its 2008 Comprehensive Plan Update to the Metropolitan Council; and WHEREAS, the Metropolitan Council authorized the City of Andover to put its 2008 Comprehensive Plan Update into effect on May 13, 2009; and NOW, THEREFORE, BE IT RESOLVED, that the City Council adopts the 2008 Comprehensive Plan Update as the official Comprehensive Plan of the City of Andover. © Adopted by the City Council of the City of Andover on this 7 day of July, 2009. CITY OF ANDOVER A� ATTEST: Achael R. Gamache, Mayor Mi belle Hartner, Deputy City Clerk CITY OF ANDOVER © COUNTY OF ANOKA STATE OF MINNESOTA RES. NO R055 -09 A RESOLUTION APPROVING THE FINAL PLAT OF "CARDINAL RIDGE 2nd ADDITION" ON PROPERTY LOCATED IN SECTION 15, TOWNSHIP 32, RANGE 24, LEGALLY DESCRIBED AS: The East 310 feet of the West 1010 feet of the North 612.36 feet of the South 959.36 feet of the Southwest Quarter of the Southeast Quarter of Section 15, Township 32, Range 24, Anoka County, Minnesota, as measured along the west and south lines of said Southwest Quarter of the Southeast Quarter. WHEREAS, the City Council has approved the preliminary plat of the project to be known as "Cardinal Ridge 2 Addition "; and WHEREAS, the Developer has submitted a final plat of Cardinal Ridge 2 Addition; and WHEREAS; the city has reviewed the final plat for conformance with the preliminary plat; and NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Andover hereby approves the final plat of Cardinal Ridge 2 °d Addition contingent upon the following: © 1. The final plat shall conform to the drawing stamped received by the City of Andover June 18, 2009. 2. The plat shall be subject to all conditions of Preliminary Plat Resolution R024 -09. 3. The applicant shall provide a drainage and utility easement and right of entry agreement to cover all areas of proposed grading, drainage and erosion control outside of the final plat area in a form suitable for recording at Anoka County. 4. The applicant shall provide a letter of credit for deferred assessments on the subject property prior to release of the final plat for recording with Anoka County. 5. The developer shall obtain all necessary permits from the Coon Creek Watershed District, DNR, Corps of Engineers, LGU, MPCA, and any other agency that may be interested in the site. 6. The developer shall be responsible for the cost of construction of all improvements proposed as a part of the preliminary plat. 7. Contingent upon staff review and approval for compliance with City ordinances, policies and guidelines. 8. Such plat approval is contingent upon a development agreement acceptable to the City Attorney. A financial guarantee acceptable to the city will be required as a part of this agreement to assure all of the subdivision improvements will be completed. Adopted by the City Council of the City of Andover this 7 th day of July, 2009. CITY OF ANDOVER ATTE © Miihelle Hartner, Deputy City Clerk Wichael R. Gamache, Mayor CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 054 -09 MOTION by Councilmember Jacobson to adopt the following: A RESOLUTION APPROVING FINAL PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR PROJECT 09 -11 WATER TREATMENT PLANT BUILDING EXPANSION WHEREAS, pursuant to Resolution No. 007 -09 adopted by the City Council on the 20 day of January , 2009 SEH has prepared final plans and specifications for Project No. 09 -11 for Water Treatment Plant Building Expansion and WHEREAS, such final plans and specifications were presented to the City Council for their review on the 7 th day of July , 2009 . © NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby approve the Final Plans and Specifications. BE IT FURTHER RESOLVED by the City Council of the City of Andover to hereby direct the City Clerk to seek public bids as required by law, with such bids to be opened at 10:00 a.m. , August 3 , 2009 at the Andover City Hall. MOTION seconded by Councilmember Knight and adopted by the City Council at a regular meeting this 7 th day of July 2009 , with Councilmembers Jacobson, Knight, Gamache, Trude (absent), Bukkila voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: Michael R. Gamache - Mayor Vidbelle Hartner — Deputy City Clerk CITY OF ANDOVER © COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 053 -09 MOTION by Councilmember Jacobson to adopt the following: A RESOLUTION DECLARING COST AND DIRECTING PREPARATION OF ASSESSMENT ROLL FOR THE IMPROVEMENT OF WATER MAIN , FOR PROJECT 09-25 ROUND LAKE BOULEVARD NW THE CITY COUNCIL OF THE CITY OF ANDOVER HEREBY RESOLVES: WHEREAS, the expenses incurred or to be incurred in the making of such improvement amount to $ 9,646.70 so that the total cost of the improvement will be $ 9,646.70 . 1. NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Andover, MN: The portion of the cost of such improvement to be paid by the City is hereby declared to be $ 0.00 the amount to be assessed against benefited property owners is declared to be $ 9,646.70 . 2. Assessments shall be payable in equal annual installments extending over a period of 5 years. The first of the installments to be payable on or before the 1st Monday in January 2010 , and shall bear interest at the rate of 4.5 © percent per annum from the date of the adoption of the assessment resolution. 3. The City Clerk, with the assistance of the City Engineer shall forthwith calculate the proper amount to be specially assessed for such improvement against every assessable lot, piece or parcel of land within the district affected, without regard to cash valuation, as provided by law, and she shall file a copy of such proposed assessment in her office for public inspection. 4. The Clerk shall, upon the completion of such proposed assessment, notify the Council thereof. MOTION seconded by Councilmember Knight and adopted by the City Council at a regular meeting this 7 th day of July , 2009 with Councilmembers Knight, Gamache, Trude (absent), Bukkila, Jacobson voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: © Mehael R. Gamache — Mayor Mi helle Hartner — Deputy City Clerk © CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 052 -09 MOTION by Councilmember Jacobson to adopt the following: A RESOLUTION DECLARING ADEQUACY OF PETITION AND ORDERING PREPARATION OF A FEASIBILITY REPORT FOR THE IMPROVEMENTS OF PROJECT NO. 08 -20A. CLOCKTOWER COMMONS TURN LANE IMPROVEMENTS WHEREAS, the City Council has received petitions, dated June 11. 2009 requesting the construction of improvements; and WHEREAS, such petition has been validated to contain the signatures of more than 35% of the affected property owners requesting such improvement. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover that: © 1. The petition is hereby declared as adequate. 2. Escrow amount for feasibility report is $5,000.00 3. The proposed improvement is hereby referred to the City Engineer and he is instructed to provide the City Council with a feasibility report. MOTION seconded by Councilmember Bukkila and adopted by the City Council at a regular meeting this 16 day of June , 2009 with Councilmember Jacobson, Knight, Gamache, Trude, Bukkila voting in favor of the resolution, and Councilmember none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: icha I R. amache - Mayor Midlielle Hartner — Deputy City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RESOLUTION NO. R051 -09 A RESOLUTION DECLARING A DOG OWNED BY THERESA DIANE MIETTINEN, 13979 UNDERCLIFT STREET NW, AS A DANGEROUS DOG PURSUANT TO CITY CODE TITLE 5, CHAPTER 1, SECTION 5- 1A -11. WHEREAS, a Pitbull owned by Theresa Diane Miettinen, 13979 Underclift Street NW, Andover has been allowed to run at large; and WHEREAS, on June 9, 2009 said dog left its property and bit a woman; and WHEREAS, on June 10, 2009 a letter from the City of Andover identifying the dog as "potentially dangerous" was delivered to the dog owner; and WHEREAS, based on the severity of the June 9, 2009 incident a "dangerous dog" declaration hearing was scheduled. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover based on the report of the June 9, 2009 incident and testimony at the hearing to hereby declare a Pitbull owned by Theresa Diane Miettinen, 13979 Underclift Street NW as a "dangerous dog" pursuant to City Code Title 5, Chapter, 1 Section 5- 1A -11. BE IT FURTHER RESOLVED that the Deputy City Clerk shall mail by certified mail to Theresa Diane Miettinen a copy of the resolution. Adopted by the City Council of the City of Andover this 16 day of June, 2009. CITY OF ANDOVER Attest: Mic. ael R. Gamac e — Mayor a Mi helle Hartner — Deputy City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RESOLUTION NO. R050 -09 A RESOLUTION DECLARING A DOG OWNED BY JOHN WILLIAM MIETTINEN, 13979 UNDERCLIFT STREET NW, AS A DANGEROUS DOG PURSUANT TO CITY CODE TITLE 5, CHAPTER 1, SECTION 5- 1A -11. WHEREAS, a Boxer Mix owned by John William Miettinen, 13979 Underclift Street NW, Andover has been allowed to run at large; and WHEREAS, on June 9, 2009 said dog left its property and was aggressive towards a woman and bit a dog; and WHEREAS, on June 10, 2009 a letter from the City of Andover identifying the dog as "potentially dangerous" was delivered to the dog owner; and ® WHEREAS, based on the severity of the June 9, 2009 incident a "dangerous dog" declaration hearing was scheduled. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover based on the report of the June 9, 2009 incident and testimony at the hearing to hereby declare a Boxer X owned by John William Miettinen, 13979 Underclift Street NW as a "dangerous dog" pursuant to City Code Title 5, Chapter, 1 Section 5- lA -11. BE IT FURTHER RESOLVED that the Deputy City Clerk shall mail by certified mail to John William Miettinen a copy of the resolution. Adopted by the City Council of the City of Andover this 16 day of June 2009. CITY OF ANDOVER Attest: Mic el R. Gamache — Mayor Mic elle Hartner — Deputy City Clerk RESOLUTION: R- 049 -09 RESOLUTION AFFIRMING ACTIVITY - FRIENDLY COMMITMENTS WHEREAS, the first criteria listed on the Governor's Fit City Application is stated as: Criteria 1 (required). City must adopt a resolution affirming fit- friendly commitments by community leaders and elected officials. WHEREAS, Active Living is a way of life that integrates physical activity into daily routines. The goal is to accumulate at least 30 minutes of activity each day. Individuals may do this in a variety of ways such as walking or bicycling for transportation, exercise or pleasure; playing in the park; working in the yard; taking the stairs; and using recreation facilities; and WHEREAS, the City of Andover affirms activity - friendly commitments such as: • Develop a cohesive system of parks and trails, incorporating accessible neighborhood parks. • Require that neighborhood streets be designed with pedestrians and bicyclists in mind (e.g., by using design guidelines). • Support recreation programs that encourage active living. • Ensure that physical activity facilities (youtb/senior centers, trails, etc.) are accessible and © affordable. • Locate schools in walkable neighborhoods or create walkable routes to existing schools. • Introduce active living issues, such as walkable communities, into public dialogue. • Increase measures for pedestrian and bicyclist safety. NOW THEREFORE, BE IT RESOLVED, that the City of Andover is committed to providing an activity friendly community to its residents. BE IT FURTHER RESOLVED, that the City Council hereby authorizes the application for The Governor's Fit City Program. Adopted by the City Council of the City of Andover, Minnesota this 16th day of June 2009. M' e Gamache, or ATTEST: © Michelle Hartner, Deputy City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 048 -09 MOTION by Councilmember Jacobson to adopt the following: A RESOLUTION APPROVING FINAL PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR PROJECT 09 -22 . BUNKER LAKE BOULEVARD NW FRONTAGE ROAD /JAY STREET REALIGNMENT WHEREAS, pursuant to Resolution No. 044 -09 , adopted by the City Council on the 19 day of May 2009 ,the City Engineer has prepared final plans and specifications for Project No. 09 -22 . WHEREAS, such final plans and specifications were presented to the City Council for their review on the 16 day of June 2009 16 -09 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby approve the Final Plans and Specifications. © BE IT FURTHER RESOLVED by the City Council of the City of Andover to hereby direct the City Clerk to seek public bids as required by law, with such bids to be opened at 10:00 a.m. , August 12 , 2009 at the Andover City Hall. Plans and specifications shall be distributed by the City of Ham Lake in conjunction with their portion of the project. MOTION seconded by Councilmember Knight and adopted by the City Council at a regular meeting this 16 day of June 2009 with Councilmembers Jacobson, Knight, Gamache, Trude, Bukkila voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: !N U- c - a" chael R. Gamache - Mayor Micbelle Hartner— Deputy City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 047 -09 MOTION by Councilmember Jacobson to adopt the following: A RESOLUTION ACCEPTING FEASIBILITY STUDY AND WAIVING PUBLIC HEARING FOR THE IMPROVEMENT OF PROJECT NO. 09 -25 FOR WATER MAIN IN THE FOLLOWING AREA OF 13758 ROUND LAKE BOULEVARD NW WHEREAS, the City Council did on the 2 "d day of June 2009 order the preparation of a feasibility study for the improvement; and WHEREAS, such feasibility study was prepared by City Engineer and presented to the Council on the 16 day of June 2009 ;and WHEREAS, the property owners have waived the right to a Public Hearing; and WHEREAS, the City Council has reviewed the feasibility study and declares the improvement feasible, for an estimated cost of $ 9,646.70 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby receive the feasibility report with an estimated total cost of improvements of $ 9,646.70 , waive the Public Hearing and order improvements. MOTION seconded by Councilmember Knight and adopted by the City Council at a regular meeting this 16 day of June , 2009 , with Councilmembers Jacobson, Knight, Gamache, Trude, Bukkila voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: ,� :t- chael R. Gamache - Mayor Midhelle Hartner - Deputy City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 046 -09 MOTION by Councilmember Jacobson to adopt the following: A RESOLUTION DECLARING ADEQUACY OF PETITION AND ORDERING PREPARATION OF A FEASIBILITY REPORT FOR THE IMPROVEMENT OF WATER MAIN , FOR PROJECT NO. 09-25 IN THE AREA OF 13758 ROUND LAKE BOULEVARD NW WHEREAS, the City Council has received a petition, dated May 27, 2009 requesting the construction of improvements; and WHEREAS, such petition has been validated to represent the signatures of 100% of the affected property owners requesting such improvement. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover that: 1. The petition is hereby declared to be 100% of owners of property affected, thereby making the petition unanimous. 2. Escrow amount for feasibility report is 0 3. The proposed improvement is hereby referred to the City Engineer and he is instructed to provide the City Council with a feasibility report. MOTION seconded by Councilmember Trude and adopted by the City Council at a regular meeting this 2 nd day of June 2009 with Councilmembers Jacobson. Trude, Knight, Gamache, Bukkila voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: - r a'7'� Mig6ael R. Gamache - Mayor Mic ielle Hartner — Deputy City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO R045 -09 A RESOLUTION APPROVING THE FINAL PLAT OF "WOODLAND CROSSINGS 2nd ADDITION" ON PROPERTY LOCATED IN SECTION 15, TOWNSHIP 32, RANGE 24, LEGALLY DESCRIBED AS: Lots 1 through 5, Block 1 Woodland Crossings, Anoka County, Minnesota WHEREAS, the City Council has approved the preliminary plat of the project to be known as "Woodland Crossings 2 Addition "; and WHEREAS, the Developer has presented the final plat of Woodland Crossings 2 Addition; and WHEREAS; the city has reviewed such final plat for conformance with the preliminary plat; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby approve the final plat of Woodland Crossings 2 Addition contingent upon the following: 1. The final plat shall conform to the preliminary plat and planned unit development resolution R038 -09 and the final plat drawing stamped received March 19, 2009. 2. The developer obtains all necessary permits from the Coon Creek Watershed District, DNR, Corps of Engineers, LGU, MPCA, and any other agency that may be interested in the site. 3. The developer shall be responsible for the cost of construction of all improvements proposed as a part of the preliminary plat. 4. Contingent upon staff review and approval for compliance with City ordinances, policies and guidelines and a development agreement acceptable to the City Attorney. A financial guarantee will be required as a part of this agreement to assure all of the subdivision improvements will be completed. Adopted by the City Council of the City of Andover this 19 day of May, 2009. CITY OF ANDOVER ATTEST: � " Mi helle Hartner, Deputy City Clerk ichael R. Gamache, Mayor CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 044 -09 MOTION by Councilmember Jacobson to adopt the following: A RESOLUTION ACCEPTING FEASIBILITY STUDY, WAIVING PUBLIC HEARING AND DIRECTING PREPARATION OF PLANS AND SPECIFICATIONS FOR PROJECT NO. 09 -22 , BUNKER LAKE BOULEVARD NW FRONTAGE ROAD /JAY STREET REALIGNMENT. WHEREAS, the City Council did on the 21 day of April , 2009 order the preparation of a feasibility study for the improvement; and WHEREAS, such feasibility study was prepared by the City Engineer and presented to the Council on the 19 day of May 2009 ; and WHEREAS, the involved parties have waived the right to a Public Hearing; and WHEREAS, such report declared the proposed assessment to be feasible for an estimated project cost of $294,128.41 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover that: 1. The City Council hereby accepts the Feasibility Report for Project No. 09 -22 for the improvements and waives the public hearing. 2. The Council will consider the improvements in accordance with the report and the assessment of abutting property and the Andover Economic Development Authority for all or a portion of the improvement pursuant to Minnesota Statutes Chapter 429 at an estimated total cost of the improvement of $294,128.41 MOTION seconded by Councilmember Knight and adopted by the City Council at a regular meeting this 19 day of May , 2009 with Councilmembers Jacobson, Knight, Trude, Bukkila, Gamache (absent) voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: i®�'�� w; chael R. amache - Mayor Mi helle Hartner — Deputy City Clerk Q CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RESOLUTION NO. R043 -09 A RESOLUTION APPROVING A CHARITABLE GAMBLING PERMIT FOR THE ANDOVER LIONS CLUB TO CONDUCT A RAFFLE DURING THE ANDOVER FAMILY FUN FEST, FRIDAY, JULY 10 AND SATURDAY, JULY 11, 2009, AT 1685 CROSSTOWN BOULEVARD NW, ANDOVER, MINNESOTA. WHEREAS, the Andover Lions Club has submitted an application to the City of Andover and the State Charitable Gambling Board for a permit to operate charitable gambling at the Andover Family Fun Fest, 1685 Crosstown Boulevard NW, Andover, MN. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover, Anoka County, Minnesota, that a charitable gambling permit is hereby approved for the Andover Lions Club to operate a raffle during the Andover Family Fun © Fest, Friday, July 10 and Saturday, July 11, 2009 at 1685 Crosstown Boulevard NW. Adopted by the City Council of the City of Andover this 19 day of Map 2009. CITY OF ANDOVER Attest: M ael R. Gamac e — Mayor M' helle Hartner — Deputy City Clerk CITY OF ANDOVER COUNTY OF ANOKA © STATE OF MINNESOTA RES. NO. 042 -09 MOTION by Councilmember Knight to adopt the following: A RESOLUTION ADOPTING THE ASSESSMENT ROLL FOR THE IMPROVEMENT OF PROJECT NO. 05 -43 HANSON BOULEVARD NW FRONTAGE ROAD WHEREAS, the property owner has waived their right to a public hearing. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF ANDOVER, MINNESOTA: 1. Such proposed assessment, a copy of which is attached hereto and made part hereof, is hereby accepted and shall constitute the special assessment against the lands named therein, and each tract of land therein included is hereby found to be benefited by the proposed improvement in the amount of the assessment levied against it. 2. Such assessment shall be payable in equal annual installments, extending over a period of 8 years, the first of the installments to be payable on or before the 1 st 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 Jacobson and adopted by the City Council at a regular meeting this 5 th day of MMaa r_ , 2009 with Councilmembers Knight, Jacobson, Gamache, Trude, Bukkila voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: 1 ` adz © Mi ael R. Gamache - Mayor Mi elle Hartner— Deputy City Clerk © CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 041 -09 MOTION by Council member Jacobson to adopt the following: A RESOLUTION ACCEPTING QUOTES AND AWARDING CONTRACT FOR THE IMPROVEMENT OF PROJECT NO. 09 -03 FOR 2009 CRACK SEALING WHEREAS, pursuant to the City Council ordering quotes as set out in Council Resolution No. 027 -09 dated April 7 , 2009 quotes were received, opened and tabulated according to law with results as follows: Contractor Quote Astech Corp. $39,300.00 Fahrner Asphalt Sealers, Inc. $40,200.00 Allied Blacktop Co. $56,700.00 Engineer's Estimate $40,500.00 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover © to hereby accept the quotes as shown to indicate Astech Corporation as being the apparent low quoter. BE IT FURTHER RESOLVED TO HEREBY direct the Mayor and City Clerk to enter into a contract with Astech Corporation in the amount of $ 39,300.00 for construction of the improvements; and direct the City Clerk to return to all quoters the deposits made with their quotes, except that the deposit of the successful quoter and the next two lowest quoters shall be retained until the contract has been executed and bond requirements met. MOTION seconded by Council member Trude and adopted by the City Council at a regular meeting this 5 th day of May 2009 , with Council members Knight, Jacobson, Gamache, Trude, Bukkila voting in favor of the resolution, and Council members voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: h Mic ael R. Gam the - Mayor Q .1 'Midbelle Hartner — Deputy City Clerk © CITY OF ANDOVER, MINNESOTA RESOLUTION RES 040 -09 A RESOLUTION OPPOSING THE AUTHORITY OF THE ANOKA COUNTY HOUSING AND REDEVELOPMENT AUTHORITY TO LEVY SPECIAL BENEFIT TAXES IN THE CITY OF ANDOVER WHEREAS, the City of Andover has a Housing and Redevelopment Authority, created pursuant to State Statute; and WHEREAS, the City of Andover has received information that the Anoka County Housing and Redevelopment Authority has received a legal opinion suggesting that it has the authority to levy special benefit taxes within the jurisdiction of a city in which there already exists a municipal housing and redevelopment authority without first obtaining the consent of such city; and WHEREAS, upon review of the legal opinion rendered to the Anoka County Housing and Redevelopment Authority, the City of Andover finds that the opinion fails to set forth conclusive, legal authority authorizing the Anoka County Housing and Redevelopment © Authority to levy said special benefit taxes as alleged; and WHEREAS, review of Minnesota State Statutes relevant to this subject matter further brings into question the authority of the Anoka County Housing and Redevelopment Authority to levy special benefit taxes in those municipalities which currently have established housing and redevelopment authorities without the consent of the municipality; and WHEREAS, in order to preserve its rights and protect the welfare of its citizens, the City of Andover deems it necessary to make known its opposition to the Anoka County Housing and Redevelopment Authority's levying of special benefit taxes in the City of Andover absent conclusive, legal authority to do so. NOW, THEREFORE, BE IT RESOLVED, that the Andover City Council hereby opposes the alleged authority of the Anoka County Housing and Redevelopment Authority to levy special benefit taxes in the City of Andover. Adopted by the Andover City Council this the 21 day of April 2009. ATTEST: Michelle Hartner, Deputy City Clerk M' e Gamache, Mayor CITY OF ANDOVER Q COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R039 -09 A RESOLUTION GRANTING THE CONDITIONAL USE PERMIT REQUEST OF NORTHERN NATURAL GAS TO ALLOW EXPANSION OF UTILITES AT 15920 VALLEY DRIVE AND 14361 7 TH AVENUE NW LEGALLY DESCRIBED ON EXHIBIT A WHEREAS, Northern Natural Gas has requested a conditional use permit to allow expansion of utilities on the subject properties; and WHEREAS, the Planning Commission held a public hearing and has reviewed the request; and WHEREAS, the Planning Commission finds the request would not have a detrimental effect upon the health, safety, morals, and general welfare of the City of Andover and recommends to the City Council approval of the conditional use permit as requested. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover has received the recommendation of the Planning and Zoning Commission and approves the conditional use permit to allow expansion of utilities on said properties with the following conditions: Q 1. The improvements shall conform to the site plans and profiles stamped received by the City of Andover March 31, 2009 and April 8, 2009. 2. The applicant shall paint the northerly building at the 14361 7 th Avenue NW site and shall maintain the exterior of all of the structures on an ongoing basis. 3. The applicant shall provide screening from adjacent properties on both sites with evergreen trees to reduce the noise impact and provide screening from surrounding properties as determined through discussions with staff. 4. The applicant shall provide slats within the chain link fence for both sites to screen the above ground equipment from adjacent properties and reduce noise impacts. The color of the slats shall be green or tan. Adopted by the City Council of the City of Andover on this 21 ST day of April, 2009. CITY OF ANDOVER ATTEST: Ddichael R. ache, Mayor Mi elle Hartner, Deputy City Clerk © CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO R038 -09 A RESOLUTION APPROVING THE PRELIMINARY PLAT WITH PLANNED UNIT DEVELOPMENT REVIEW OF "WOODLAND CROSSINGS 2 ND ADDITION" FOR PROPERTY LEGALLY DESCRIBED AS; Lots 1 through 5, Block 1 Woodland Crossings, Anoka County, Minnesota WHEREAS, Woodland Development has requested approval of a preliminary plat with Planned Unit Development Review of Woodland Crossings 2" d Addition; and WHEREAS, the Andover Review Committee has reviewed the preliminary plat; and WHEREAS, pursuant to published and mailed notice thereof, the Planning Commission has conducted a public hearing on said plat; and WHEREAS, the Planning Commission finds the request would not have a detrimental effect on the © property values and scenic views of the surrounding area; and WHEREAS, the Planning Commission has reviewed the request and has determined that said request meets the criteria of City Code 13 Planned Unit Development finding that the proposal will provide the following desirable qualities to satisfy the requirements of City Code 13 -3 -11: 1. The building design and materials demonstrate quality architectural design and the use of high quality building materials. The proposed variations among the units provides for unique design and detailing. 2. The homeowners association will provide maintenance of the grounds to ensure the lasting quality of the development. 3. The landscaping plan provides a unified theme for the proposed plat and the rear yard evergreen trees will provide a buffer between the site and adjacent properties. WHEREAS, as a result of such public hearing, the Planning Commission recommends to the City Council the approval of the plat with planned unit development review; and NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover has © received the recommendation of the Planning Commission and approves the Woodland Crossings 2 ❑d Addition Preliminary Plat with Planned Unit Development Review, subject to the following conditions: 1. The Preliminary Plat shall conform to the plan set revised and stamped received on April 3, 2009 except as follows: a. The landscaping plan shall be revised to include evergreen trees in the rear yards of the lots as determined through discussions with staff. 2. Park dedication for one unit shall be paid in the amount of $2,944. 3. A trail fees shall for one unit shall be paid in the amount of $671. 4. The developer shall be financially responsible for all improvements proposed as a part of the preliminary plat. 5. Such plat approval is contingent upon a development agreement acceptable to the City Attorney. 6. Contingent upon staff review and approval for compliance with City ordinances, policies and guidelines. 7. The developer obtains all necessary permits from the Coon Creek Watershed District, DNR, Corps of Engineers, LGU, MPCA, Anoka County Highway Department and any other agency that may be interested in the site. 8. All lots within the preliminary plat shall be added to the existing Woodland Crossings Homeowners Association. 9. The units shall provide differentiation as shown, or similar to, the building elevation drawings stamped received March 13, 2009. 10. The plat shall be recorded in conjunction with a resolution vacating the existing easements on Lots 1 through 5, Block 1 of Woodland Crossings. © Adopted by the City Council of the City of Andover this 21 day of April, 2009. CITY OF ANDOVER ATTEST: Mibhelle Hartner, Deputy, City Clerk MIcchael R. Gamac e, Mayor © CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO R037 -09 A RESOLUTION GRANTING THE VACATION OF DRAINAGE AND UTILTY EASEMENTS ON LOTS 5 -9, BLOCK 1 WOODLAND CROSSINGS LEGALLY DESCRIBED ON EXHIBIT A WHEREAS, the property owner has requested to vacate the drainage and utility easements ON Lots 5 -9, Block 1 of Woodland Crossings to facilitate a second addition of the plat, and; WHEREAS, the City Council finds the request would not have a detrimental effect upon the health, safety, moral, and general welfare of the City of Andover; and WHEREAS, a public hearing was held and there was no opposition to the request. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby grants the vacation of of the drainage and utility easements described on Exhibit A. © Adopted by the City Council of the City of Andover on this 21 day of April, 2009 subject to the following: 1. This resolution and the attached Exhibit A shall be recorded with Anoka County concurrently with Woodland Crossings 2 nd Addition. 2. If the Woodland Crossings 2 nd Addition fails to be approved by the City Council this resolution and attached Exhibit A shall be null and void. CITY OF ANDOVER �� ATTEST N4 R. Gamache, Mayor Mi helle Harmer, Deputy City Clerk © CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R036 -09 A RESOLUTION DENYING A VARIANCE TO EXCEED THE MAXIMUM SQUARE FOOTAGE ALLOWED FOR THE PROPERTY LOCATED AT 3443 135 AVENUE NW LEGALLY DESCRIBED AS: Lot 10, Block 1, Chapman's 5 Addition, City of Andover, Anoka County, Minnesota WHEREAS, the Planning Commission has reviewed the request to vary from City Code 12 -6 to exceed the maximum square footage allowed for the attached garage and detached accessory buildings by 144 square feet total (from 1,200 square feet to 1,344 square feet) and recommends denial, and; WHEREAS, the City Council has received the recommendation of the Planning Commission, and; WHEREAS, the City Council finds that the following condition does not constitute an undue hardship for the subject property: 1. Lack of additional storage space. Q NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover denies the proposed variance request to exceed the maximum square footage allowed for the attached garage and detached accessory buildings based on lack of proper findings. Be it further resolved, that the detached storage shed (12 ft. x 20 ft.) shall be removed or modified within 30 days from the date of this approved resolution. Adopted by the City Council of the City of Andover on this 2l ' day of April, 2009. CITY OF ANDOVER ATTEST: j nchael R. Gamache, Mayor MIchelle Hartn�er, Deputy City Clerk © CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 035 -09 MOTION by Council member Jacobson to adopt the following: A RESOLUTION ACCEPTING BIDS AND AWARDING THE CONTRACT FOR THE IMPROVEMENT OF PROJECT NO. 08 -37, 157 AVENUE RECONSTRUCTION (MSAS 102) WHEREAS, pursuant to advertisement for bids as set out in Council Resolution No. 023 -09 , dated March 17 , 2009 bids were received, opened and tabulated according to law with results as follows: Rum River Contracting Inc. $382,500.50 W.B. Miller $412,446.20 GMH Asphalt Corp. $424,316.85 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby accept the bids as shown to indicate Rum River Contracting Inc.. as being the apparent low bidder. © BE IT FURTHER RESOLVED TO HEREBY direct the Mayor and City Clerk to enter into a contract with Rum River Contracting Inc. in the amount of $ 382,500.00 for construction of the improvements; and direct the City Clerk to return to all bidders the deposits made with their bids, except that the deposit of the successful bidder and the next two lowest bidders shall be retained until the contract has been executed and bond requirements met. MOTION seconded by Council member Bukkila and adopted by the City Council at a regular meeting this 21 day of April , 2009 with Council members Jacobson. Bukkila, Gamache, Trude (absent) voting in favor of the resolution, and Council members none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: 4MW1i i ael R. Gamac e - Mayor lle Hartner — Deputy City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 034 -09 MOTION by Councilmember Knight to adopt the following: A RESOLUTION DECLARING ADEQUACY OF PETITION AND ORDERING PREPARATION OF A FEASIBILITY REPORT FOR,PROJECT NO. 09 -22 , BUNKER LAKE BOULEVARDNW FRONTAGE ROAD /JAY STREET REALIGNMENT. WHEREAS, the City Council has received a petition, dated April 16, 2009 requesting the construction of improvements; and WHEREAS, such petition has been validated to represent the signatures of 100% of the affected property owners requesting such improvement. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover that: 1. The petition is hereby declared to be 100% of owners of property affected, thereby making the petition unanimous. 2. Escrow amount for feasibility report is $ 5,000.00 3. The proposed improvement is hereby referred to the City Engineer and he is instructed to provide the City Council with a feasibility report. MOTION seconded by Councilmember Jacobson and adopted by the City Council at a regular meeting this 21 day of April , 2009 with Councilmembers , Jacobson, Bukkila, Gamache, Trude (absent) voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: Midhael R. Gamache — Mayor Michelle Hartner — Deputy City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 033 -09 MOTION by Councilmember Knight to adopt the following: A RESOLUTION DECLARING COST AND DIRECTING PREPARATION OF ASSESSMENT ROLL FOR THE IMPROVEMENT OF PROJECT NO. 05 -43 HANSON BOULEVARD NW FRONTAGE ROAD THE CITY COUNCIL OF THE CITY OF ANDOVER HEREBY RESOLVES: WHEREAS, the final contract cost for the improvement amounts to $ $26,792.41 , the expenses incurred or to be incurred in the making of such improvement amount to $ $10.560.10 so that the total project cost of the improvement will be $ $37,352.51 1. NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Andover, MN: The portion of the cost of such improvement to be paid by the City is hereby declared to be $ $14,753.39 the amount to be assessed against benefited property owners is declared to be $ $22,599.10 . 2. Assessments shall be payable in equal annual installments extending over a period of 8 years. The first of the installments to be payable on or before the 1st Monday in January 2010 , and shall bear interest at the rate of 4.5 percent per annum from the date of the adoption of the assessment resolution. 3. The Deputy City Clerk, with the assistance of the City Engineer shall forthwith calculate the proper amount to be specially assessed for such improvement against every assessable lot, piece or parcel of land within the district affected, without regard to cash valuation, as provided by law, and she shall file a copy of such proposed assessment in her office for public inspection. 4. The Deputy Clerk shall, upon the completion of such proposed assessment, notify the Council thereof. MOTION seconded by Councilmember Jacobson and adopted by the City Council at a regular meeting this 21 day of April , 2009 with Councilmembers , Jacobson, Bukkila, Gamache, Trude (absent) voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: M' ael R. Gamache - Mayor rr Mi helle Hartner — Deputy City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 032 -09 MOTION by Council member Knight to adopt the following: A RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR THE IMPROVEMENT OF PROJECT NO. 09 -11 FOR WATER TREATMENT PLANT EXPANSION PHASE ONE (SETTLING PLATES) WHEREAS, pursuant to advertisement for bids as set out in Council Resolution No. 019 -09 dated March 17 , 2009 bids were received, opened and tabulated according to law with results as follows: Treatment Resources Inc. $177,545.00 Vessco Inc. $327,698.00 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby accept the bids as shown to indicate Treatment Resources Inc. as being the apparent low bidder. BE IT FURTHER RESOLVED TO HEREBY direct the Mayor and City Clerk to enter into a contract with Treatment Resources Inc. in the amount of $ 177,545.00 for construction of the improvements; and direct the City Clerk to return to all bidders the deposits made with their bids, except that the deposit of the successful bidder and the next two lowest bidders shall be retained until the contract has been executed and bond requirements met. MOTION seconded by Council member Jacobson and adopted by the City Council at a regular meeting this 21 day of April , 2009 , with Council members Knight, Jacobson. Bukkila, Gamache. Trude (absent) voting in favor of the resolution, and Council members none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: �✓� Miafiael R. Gamache - Mayor Mi helle Hartner — Deputy City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RESOLUTION NO. R031 -09 A RESOLUTION DECLARING A DOG OWNED BY THERISA LYNN KEETON, 14473 HUMMINGBIRD COURT NW, AS A DANGEROUS DOG PURSUANT TO CITY CODE TITLE 5, CHAPTER 1, SECTION 5- 1A -11. WHEREAS, a Pit Bull /Boxer Mix owned by Therisa Lynn Keeton, 14473 Hummingbird Court NW, Andover has been allowed to run at large; and WHEREAS, on December 15, 2008 said dog left its property and was aggressive towards a woman and her dog; and WHEREAS, on December 18, 2008 a letter from the City of Andover identifying the dog as "potentially dangerous" was sent to the dog owner; and © WHEREAS, on March 23, 2009 said dog left its property and was aggressive towards two adults; and Council has received testimony this evening indicating they were in fear of their safety. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby declare a Pit Bull/Boxer Mix owned by Therisa Lynn Keeton, 14473 Hummingbird Court NW as a "dangerous dog" pursuant to City Code Title 5, Chapter, 1 Section 5- 1A -11. BE IT FURTHER RESOLVED that the Deputy City Clerk shall mail by certified mail to Therisa Lynn Keeton a copy of the resolution. Adopted by the City Council of the City of Andover this 7 th day of April, 2009. CITY OF ANDOVER Attest: T ,{ Mi ael R. Gamac e — Mayor Michelle Harmer — Deputy City Clerk Q CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 030 -09 MOTION by Council member Jacobson to adopt the following: A RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR THE IMPROVEMENT OF PROJECT NOS. 09- 2.2009 STREET RECONSTRUCTION WOODLAND MEADOWS NORTH %2) & 09 -8, CURB, SIDEWALK & PEDESTRIAN RAMP REPAIRS WHEREAS, pursuant to advertisement for bids as set out in Council Resolution No. 014 -09 , dated February 17 , 2009 bids were received, opened and tabulated according to law with results as follows: Rum River Contracting Co. $693,118.25 Astech Corp. $708,008.08 North Valley, Inc. $763,291.60 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby accept the bids as shown to indicate Rum River Contracting Co. as being the apparent low bidder. BE IT FURTHER RESOLVED TO HEREBY direct the Mayor and City Clerk to enter into a contract with Rum River Contracting Co. in the amount of $ 693,118.25 for construction of the improvements; and direct the City Clerk to return to all bidders the deposits made with their bids, except that the deposit of the successful bidder and the next two lowest bidders shall be retained until the contract has been executed and bond requirements met. MOTION seconded by Council member. Bukkila and adopted by the City Council at a regular meeting this 7 th day of April , 2009 with Council members Jacobson, Knight, Trude. Bukkila, Gamache (absent) voting in favor of the resolution, and Council members none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: Mijdhael R. Gamache - Mayor Michelle Hartner — Deputy City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RESOLUTION NO. R029 -09 A RESOLUTION SETTING THE ANNUAL INCOME LEVEL FOR SENIOR CITIZEN AND DISABLED INDIVIDUALS FOR DEFERRAL OF SPECIAL ASSESSMENTS AND SANITARY SEWER RATES. THE CITY COUNCIL OF THE CITY OF ANDOVER HEREBY RESOLVES: Annual Income Level for Special Senior Citizen Deferral of Special Assessments and Reduced Sanitary Sewer Rates $29,350.00 (Not to Exceed) Annual Income Level for Disabled Individuals of Special Assessments and © Reduced Sanitary Sewer Rates $44,800.00 (Not to Exceed) Adopted by the City Council of the City of Andover this 7 day of April, 2009. CITY OF ANDOVER Attest: M�hael R. Gamac e — Mayor I Mi helle Hartner — Deputy City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R028 -09 MOTION by Councilmember Jacobson to adopt the following: A RESOLUTION ACCEPTING A CONTRIBUTION MADE TO THE CITY OF ANDOVER TO BE USED TOWARDS THE PURCHASE OF EQUIPMENT FOR THE ICE ARENA. WHEREAS, any contributions that are to be made to the City of Andover must be accepted by the City Council; and WHEREAS, the contribution from Andover Huskies Youth Hockey Association of $1,300 is to be used towards the purchase of equipment for the ice arena. NOW, THEREFORE BE IT RESOLVED by the City Council to hereby accept the contribution, which is to be used towards the purchase of equipment. MOTION seconded by Councilmember Knight and adopted by the City Council at a regular meeting this 7th day of April 2009, with Councilmembers Bukkila and Trude voting in favor of the resolution, and Councilmembers Gamache (absent) voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: e Mic ael R. Gamac e - Mayor Michelle Hartner - Deputy City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 027 -09 MOTION by Councilmember Jacobson to adopt the following: A RESOLUTION APPROVING FINAL PLANS AND SPECIFICATIONS AND ORDERING QUOTES FOR PROJECT NO. 09 -3 FOR 2009 CRACK SEALING . WHEREAS, pursuant to Resolution No. 010-09 adopted by the City Council on the 3` day of February , 2009 the City Engineer has prepared final plans and specifications for Project 09 -3 for 2009 Crack Sealing . WHEREAS, such final plans and specifications were presented to the City Council for their review on the 7 th day of April 2009 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby approve the Final Plans and Specifications. BE IT FURTHER RESOLVED by the City Council of the City of Andover to hereby direct the City Engineer to seek quotes for the project, with such quotes to be opened at 10:00 a.m ,Aril 24, 2009 at the Andover City Hall. MOTION seconded by Councilmember Knight and adopted by the City Council at a regular meeting this 7 th day of April 2009 with Councilmembers Jacobson. Knight, Trude, Bukkila, Gamache (absent) voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: M ael R. Gamache - Mayor 1 0 Mi helle Hartner — Deputy City Clerk CITY OF ANDOVER © COUNTY OF ANOKA STATE OF MINNESOTA RES. NO R026 -09 A RESOLUTION APPROVING APPLICATION TO THE MINNESOTA DEPARTMENT OF NATURAL RESOURCES FOR THE 2009 REMEDIATION FUND GRANT PROGRAM BE IT RESOLVED that The City of Andover act as legal sponsor for the project contained in the Remediation Fund Grant Program Application to be submitted on March 31, 2009 and that the City Planner is hereby authorized to apply to the Department of Natural Resources for funding of this project on behalf of The City of Andover. BE IT FURTHER RESOLVED that The City of Andover has the legal authority to apply for financial assistance, and financial capability to meet the match requirement and ensure adequate management and protection. BE IT FURTHER RESOLVED that The City of Andover has not incurred any development costs described on Item 4 and has not entered into a written purchase agreement to acquire the property described on Item 4. BE IT FURTHER RESOLVED that upon approval of its application by the state, The City of Andover may enter into an agreement with the State of Minnesota for the above - referenced project, and that The City of Andover certifies that it will comply with all applicable laws and regulations as stated in the grant agreement including dedicating the property for natural and/or scenic uses into perpetuity. NOW, THEREFORE BE IT RESOLVED that the City Planner is hereby authorized to execute such agreements as are necessary to implement the project on behalf of the applicant. I CERTIFY THAT the above resolution was adopted by the City Council of The City of Andover on March 24, 2009. SIGNED: WITNESSED: (Signature) (Signature) (Title) (Date) (Title) (Date) CITY OF ANDOVER © COUNTY OF ANOKA STATE OF MINNESOTA RES. NO R025 -09 A RESOLUTION APPROVING APPLICATION TO THE MINNESOTA DEPARTMENT OF NATURAL RESOURCES FOR THE 2009 NATURAL AND SCENIC AREA GRANT PROGRAM BE IT RESOLVED that The City of Andover act as legal sponsor for the project contained in the Natural and Scenic Area Grant Program Application to be submitted on March 31, 2009 and that the City Planner is hereby authorized to apply to the Department of Natural Resources for funding of this project on behalf of The City of Andover. BE IT FURTHER RESOLVED that The City of Andover has the legal authority to apply for financial assistance, and financial capability to meet the match requirement and ensure adequate management and protection. BE IT FURTHER RESOLVED that The City of Andover has not incurred any development costs described on Item 4 and has not entered into a written purchase agreement to acquire the property described on Item 4. © BE IT FURTHER RESOLVED that upon approval of its application by the state, The City of Andover may enter into an agreement with the State of Minnesota for the above - referenced project, and that The City of Andover certifies that it will comply with all applicable laws and regulations as stated in the grant agreement including dedicating the property for natural and/or scenic uses into perpetuity. NOW, THEREFORE BE IT RESOLVED that the City Planner is hereby authorized to execute such agreements as are necessary to implement the project on behalf of the applicant. I CERTIFY THAT the above resolution was adopted by the City Council of The City of Andover on March 24, 2009. SIGNED: WITNESSED: (Sign t (Sign � (Title) (Date) (Title) (Date) CITY OF ANDOVER COUNTY OF ANOKA © STATE OF MINNESOTA RES. NO. R024 -09 A RESOLUTION APPROVING THE PRELIMINARY PLAT OF "CARDINAL RIDGE 2ND ADDITION" FOR PROPERTY LOCATED IN SECTION 15, TOWNSHIP 32, RANGE 24, ANOKA COUNTY, MINNESOTA, DESCRIBED AS; The East 310 feet of the West 1010 feet of the North 612.36 feet of the South 959.36 feet of the Southwest Quarter of the Southeast Quarter of Section 15, Township 32, Range 24, Anoka County, Minnesota, as measured along the west and south lines of said Southwest Quarter of the Southeast Quarter. WHEREAS, Minks Custom Homes has requested approval of a preliminary plat for Cardinal Ridge 2 " Addition; and WHEREAS, the Andover Review Committee has reviewed the preliminary plat; and WHEREAS, pursuant to published and mailed notice thereof, the Planning Commission has conducted a public hearing on said plat; and © WHEREAS, as a result of such public hearing, the Planning Commission recommends to the City Council the approval of the plat, and; NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover has received the recommendation of the Planning Commission and approves the Preliminary Plat, with the following conditions: 1. The Preliminary Plat shall conform to the preliminary plat revised February 4, 2009 and the site development plans revised February 24, 2009 and stamped received by the City of Andover on February 27, 2009. 2. Plat approval is contingent on approval of rezoning the subject property from R -1 to R -4. This resolution shall be null and void if the rezoning application fails to be approved. 3. The developer obtains all necessary permits from the Coon Creek Watershed District, DNR, Corps of Engineers, LGU, MPCA, Anoka County Highway Department and any other agency that may be interested in the site. 4. Park dedication and trail fees shall be paid on a per unit basis as established by the City Code. Rate increases shall be subject to State Statute. 5. The developer shall be responsible for the cost of construction of all improvements proposed as a part of the preliminary plat. 6. All existing overhead utilities shall be removed and placed underground. 7. Contingent upon staff review and approval for compliance with City ordinances, policies and guidelines. 8. Such plat approval is contingent upon a development agreement acceptable to the City Q Attorney. 9. All existing structures and retaining walls shall be removed from the subject property. Adopted by the City Council of the City of Andover this 17` day of March, 2009. CITY OF ANDOVER ATTEST: / Mi helle Hartner, Deputy City Clerk M 1ael R. Gamache, Mayor © CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 023 -09 MOTION by Councilmember Trude to adopt the following: A RESOLUTION APPROVING FINAL PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR PROJECT 08-37 TH AVENUE RECONSTRUCTION (MSAS 102) WHEREAS, pursuant to Resolution No. 016 -09 adopted by the City Council on the 3 rd day of March , 2009 , t City Engineer has prepared final plans and specifications for Project No. 08 -37 . WHEREAS, such final plans and specifications were presented to the City Council for their review on the 17 day of March 2009 16 -09 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby approve the Final Plans and Specifications. BE IT FURTHER RESOLVED by the City Council of the City of Andover to hereby © direct the City Clerk to seek public bids as required by law, with such bids to be opened at 11:00 , April 14 , 2009 at the Ham Lake City Hall. Plans and specifications shall be distributed by the City of Ham Lake in conjunction with their portion of the project. MOTION seconded by Councilmember Jacobson and adopted by the City Council at a regular meeting this 17 day of March , 2009 , with Councilmembers Trude, Jacobson, Knight, Gamache, Bukkila voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: Miahael R. Gamache - Mayor Midhelle Hartner — Deputy City Clerk CITY OF ANDOVER COUNTY OF ANOKA © STATE OF MINNESOTA RES. NO. 022 -09 A RESOLUTION ESTABLISHING MUNICIPAL STATE AID STREETS. WHEREAS, it appears to the City Council of the City of Andover that the streets hereinafter described should be designated as Municipal State Aid Streets under the provisions of Minnesota Laws of 1967 Chapter 162; and NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Andover that these streets described as follows, to wit: • Ventre Street NW between 165 Avenue NW and 168 Lane NW and also 168 Lane NW between Ventre Street NW and Roanoke Street NW (CSAH 7) to be and hereby established, located and designated as Municipal State Aid streets of said City, subject to the approval of the Commissioner of Transportation of the State of Minnesota. BE IT FURTHER RESOLVED that the City Clerk is hereby authorized and directed to forward two certified copies of this resolution to the Commissioner of Transportation for their consideration and upon his approval of the designation of said streets or portion thereof, that same be constructed, improved and maintained as Municipal State Aid Streets of the City of Q Andover and to be known as Municipal State Aid Streets. Adopted by the City Council of the City of Andover this 17 day of March 2009 . CITY OF ANDOVER ATTEST: Mi hael R. Gama e - Mayor Michelle Hartner — Deputy City Clerk Certification I hereby certify that the above is a true and correct copy of a resolution duly passed, adopted and approved by the City Council of said City on March 17, 2009. Miclhelle Hartner — Deputy City Clerk 10 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 021 -09 MOTION by Council member Jacobson to adopt the following: A RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR THE IMPROVEMENT OF PROJECT NO. 09 -5 FOR 2009 PAVEMENT MARKINGS WHEREAS, pursuant to advertisement for bids as set out in Council Resolution No. 013 -09 , dated February 17 , 2009 bids were received, opened and tabulated according to law with results as follows: Contractor Andover's Portion AAA Striping $14,500.00 Traffic Marking Service $14,840.00 Highway Technologies $17,000.00 Fahrner Asphalt Sealers $17,040.00 Engineer's Estimate $17,500.00 © NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby accept the bids as shown to indicate AAA Striping as being the apparent low bidder. BE IT FURTHER RESOLVED TO HEREBY direct the Mayor and City Clerk to enter into a contract with AAA Striping in the amount of $ 14,500.00 for construction of the improvements; and direct the City Clerk to return to all bidders the deposits made with their bids, except that the deposit of the successful bidder and the next two lowest bidders shall be retained until the contract has been executed and bond requirements met. MOTION seconded by Council member. Knight and adopted by the City Council at a regular meeting this 17 day of March , 2009 , with Council members Trude. Jacobson, Knight, Gamache, Bukkila voting in favor of the resolution, and Council members none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: © Mo ael R. Gamache - Mayor Mi helle Hartner — Deputy City Clerk © CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 020 -09 MOTION by Council member Jacobson to adopt the following: A RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR THE IMPROVEMENT OF PROJECT NO. 09 -4 FOR 2009 SEAL COATING WHEREAS, pursuant to advertisement for bids as set out in Council Resolution No. 009 -09 dated February 3 , 2009 bids were received, opened and tabulated according to law with results as follows: Contractor Andover's Portion Allied Blacktop $295,532.00 Asphalt Surface Technologies $340,374.00 Pearson Brothers $348,430.00 Engineer's Estimate $349,865.00 © NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby accept the bids as shown to indicate Allied Blacktop as being the apparent low bidder. BE IT FURTHER RESOLVED TO HEREBY direct the Mayor and City Clerk to enter into a contract with Allied Blacktop in the amount of $ 295,532.00 for construction of the improvements; and direct the City Clerk to return to all bidders the deposits made with their bids, except that the deposit of the successful bidder and the next two lowest bidders shall be retained until the contract has been executed and bond requirements met. MOTION seconded by Council member. Knight and adopted by the City Council at a regular meeting this 17 day of March , 2009 with Council members Trude. Jacobson. Knight, Gamache. Bukkila voting in favor of the resolution, and Council members none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: ✓/ li. © M' ael R. Gamache - Mayor Michelle Hartner — Deputy City Clerk © CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 019 -09 MOTION by Councilmember Jacobson to adopt the following: A RESOLUTION APPROVING FINAL PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR PROJECT 09 -11 WATER TREATMENT PLANT EXPANSION PHASE ONE (SETTLING PLATES) WHEREAS, pursuant to Resolution No. 007 -09 adopted by the City Council on the 20 th day of January , 2009 the SEH has prepared final plans and specifications for Project No. 09 -11 for Water Treatment Plant Expansion Phase One (Settling Plates) and WHEREAS, such final plans and specifications were presented to the City Council for their review on the 17 day of March , 2009 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of © Andover to hereby approve the Final Plans and Specifications. BE IT FURTHER RESOLVED by the City Council of the City of Andover to hereby direct the City Clerk to seek public bids as required by law, with such bids to be opened at 2:00 p.m. April 13 , 2009 at the Andover City Hall. MOTION seconded by Councilmember Knight and adopted by the City Council at a regular meeting this 17 day of March , 2009 with Councilmembers Trude, Jacobson, Knight, Gamache, Bukkila voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: ¢/ M' ael R. 09 6 mache - Mayor Mi helle Hartner — Deputy City Clerk CITY OF ANDOVER © COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R018 -09 A RESOLUTION APPROVING THE CONDITIONAL USE PERMIT REQUEST FOR A CELLULAR TELEPHONE ANTENNA LOCATED IN ANDOVER STATION NORTH ON PROPERTY LEGALLY DESCRIBED AS LOT 3, BLOCK 1, ANDOVER STATION NORTH, ANOKA COUNTY, MINNESOTA. WHEREAS, Verizon Wireless has requested a conditional use permit to install a telecommunication antenna on the subject property, and; WHEREAS, the Planning Commission has reviewed the request and has determined that said request meets the criteria of City Code, and; WHEREAS, the Planning Commission finds the request would not have a detrimental effect on the health, safety, and general welfare of the City of Andover and recommends to the City Council approval of the conditional use permit request, and; NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover has received the recommendation of the Planning Commission and approves the Conditional Use © Permit for a telecommunication antenna on the subject property, subject to the following conditions: 1) The applicant shall execute a lease or license agreement with the City of Andover Economic Development Authority prior to commencing construction on the site. 2) The applicant shall complete a commercial site plan application to ensure the final plan set conforms to the requirements of the conditional use permit and City Code. 3) The applicant shall be responsible to replace the lighting array to conform with ballfield lighting standards to an equal or better standard than presently exists. 4) The applicant shall be required to relocate the existing irrigation system as necessary to provide coverage of the area surrounding the proposed improvements. 5) The applicant shall revise the proposal to relocate the paved access entrance to a location determined by the Engineering Department. 6) The Conditional Use Permit shall be subject to a sunset clause as defined in City Code 12 -14 -6. 7) The fence enclosing the equipment shall be a vinyl coated chain link fence that is eight feet in height. The fence shall not contain barbed wire. Adopted by the City Council of the City of Andover on this 3rd day of March, 2009 CITY OF ANDOVER / ATTEST: chael R. Gamache, Mayor Mi helle Harmer, Deputy City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R017 -09 A RESOLUTION APPROVING CONDITIONAL USE PERMIT FOR AN AUTOMOBILE SERVICE STATION LOCATED AT 13533 JAY STREET NW LEGALLY DESCRIBED AS: THE WEST 1/2 OF LOT 13, WATTS GARDEN ACRES AS DETERMINED BY PROPORTIONATE MEASURE OF THE LENGTH OF THE NORTH AND SOUTH LINES OF SAID LOT, ACCORDING TO THE PLAT THEREOF ON FILE IN THE OFFICE OF THE REGISTRAR OF TITLES OF ANOKA COUNTY, MIONNESOTA WHEREAS, Kottkes' Bus Service, Inc. has requested approval of a conditional use permit for an automobile service station on the subject property, and; WHEREAS, the Planning Commission reviewed the request based on the requirements of the City Code; and WHEREAS the Planning Commission recommends approval of the proposed conditional use permit; and NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover has received the recommendation of the Planning Commission and approves the conditional use permit application for an automobile service station on the subject property subject to the following: 1. No outdoor storage shall be allowed on the subject property except for tires located entirely within a container at the location shown on the approved site plan. 2. Vehicles awaiting service shall not be parked outside overnight. 3. The hours of operation shall only be 8:00 am to 6:00 pm Monday through Friday and by appointment on Saturdays. 4. The applicant shall provide the Fire Chief with a letter that describes all of the services provided on the site. 5. The applicant shall provide 19 parking stalls to be striped and maintained to meet the requirements of City Code 12 -13 -8. 6. The applicant shall provide screening along Station Parkway NW to conform with a plan prepared by the applicant and approved by the Andover Review Committee. Adopted by the City Council of the City of Andover on this 3rd day of March, 2009. CITY OF ANDOVER ATTEST: V ch — Ole Hartner, Deputy City Clerk 'chael . Gamache, Mayor CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 016 -09 MOTION by Councilmember Jacobson to adopt the following: A RESOLUTION ORDERING THE IMPROVEMENT OF 157 AVENUE RECONSTRUCTION (MSAS 102) , PROJECT NO. 08 -37 AND DIRECTING PREPARATION OF FINAL PLANS AND SPECIFICATIONS. WHEREAS, Resolution No. 008 -09 of the City Council adopted on the 3 day of February 2009 fixed a date for a public hearing; and WHEREAS, pursuant to the required published and mailed notice such hearing was held on the 3 day of March , 2009 and WHEREAS, all persons desiring to be heard were given such opportunity for same; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby order improvement Project No. 08 -37 . MOTION seconded by Councilmember Knight and adopted by the City Council at a regular meeting this 3 day of March 2009 with Councilmembers Jacobson. Knight, Gamache, Trude, Bukkila voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: G�y� �' hael R. Gamache - Mayor 1 - L�J' 10 Michelle a Hartner — Deputy City Clerk © EXTRACT OF MINUTES OF A MEETING CITY COUNCIL OF THE CITY OF ANDOVER, MINNESOTA HELD: March 3, 2009 Pursuant to due call, a regular or special meeting of the City Council of the City of Andover, Anoka County, Minnesota, was duly held at the City Hall on March 3, 2009, at 7:00 P.M., for the purpose, in part, of authorizing the issuance and awarding the sale of $2,380,000 General Obligation Bonds, Series 2009A. The following members were present: and the following were absent: The City Clerk presented proposals on $2,380,000 General Obligation Bonds, Series 2009A, for which proposals were to be received, opened and tabulated by the City Clerk, or designee, this same day, in accordance with the resolution adopted by the City Council on February 3, 2009. The following proposals were received, opened and tabulated at 11:00 a.m. at the offices of Ehlers and Associates, Inc., in the presence of the City Clerk, or designee, on this same day: Bidder Interest Rate Net Interest Cost (See attached) The Council then proceeded to consider and discuss the proposals, after which member Jacobson introduced the following resolution and moved its adoption: RESOLUTION NO. R015 -09 RESOLUTION PROVIDING FOR THE ISSUANCE AND SALE OF $2,380,000 GENERAL OBLIGATION BONDS, SERIES 2009A, PLEDGING FOR THE SECURITY THEREOF NET REVENUES AND LEVYING A TAX FOR THE PAYMENT THEREOF A. WHEREAS, the City Council of the City of Andover, Minnesota (the "City "), has heretofore determined and declared that it is necessary and expedient to issue $2,380,000 General Obligation Bonds, Series 2009A (the 'Bonds" or individually a 'Bond "), pursuant to Minnesota Statutes, Chapter 475 and: (i) Section 412.301 to finance the purchase of various items of capital equipment (the 'Equipment "); (ii) Section 444.075, to finance improvements to the municipal water system (the "System Improvements "); and (iii) Section 162.18 to finance the crossover refunding (the "Refunding "), on February 1, 2010 (the "Crossover Date ") of certain maturities of the outstanding $2,755,000 original principal amount of the General Obligation State -Aid Street Bonds, Series 2001B, dated June 1, 2001 (the "Prior Bonds "); and © B. WHEREAS, each item of Equipment to be financed by the Equipment Portion of the Bonds, as hereinafter defined, has an expected useful life at least as long as the term of the 2305226v1 © Equipment Portion of the Bonds. The principal amount of the Equipment Portion of the Bonds does not exceed one - quarter of one percent (0.25 %) of the market value of the taxable property in the City ($ times 0.25% is $ ) ; and C. WHEREAS, the City owns and operates a municipal water system as a separate revenue producing public utility (the "System ") and the net revenues of the System are pledged to the payment of the City's outstanding $6,570,000 original principal amount General Obligation Water Revenue Refunding Bonds, Series 2007B, dated March 13, 2007 and, until the Crossover Date, the Prior Bonds (together, the "Outstanding Bonds "); and D. WHEREAS, $930,000 aggregate principal amount of the Prior Bonds ($55,000 of which is a portion of the February 1, 2013 maturity and $875,000 of which is the February 1, 2014 through February 1, 2017 maturities, inclusive) will be called on the Crossover Date (the "Refunded Bonds "), at a price of par plus accrued interest, as provided in the resolution of the City Council adopted on June 5, 2001, authorizing the issuance of the Prior Bonds (the "Prior Resolution ") and Refunding of the Refunded Bonds on the Crossover Date is consistent with covenants made with the holders thereof, and is necessary and desirable for the reduction of debt service cost to the City; and E. WHEREAS, the average annual amount of principal and interest due in all subsequent calendar years on the Refunding Portion of the Bonds, as hereinafter defined, and on all other bonds (if any) payable from the City's account in the Municipal State -Aid Street Fund ($ ) does not exceed 90% of the amount of the last annual allotment preceding the issuance of the Bonds received by the City from the Municipal State -Aid Street Fund Construction Account ($ ) ; and F. WHEREAS, the City has retained Ehlers and Associates, Inc., in Roseville, Minnesota ( "Ehlers "), as its independent financial advisor for the sale of the Bonds and was therefore authorized to sell the Bonds by private negotiation in accordance with Minnesota Statutes, Section 475.60, Subdivision 2(9) and proposals to purchase the Bonds have been solicited by Ehlers; and G. WHEREAS, it is in the best interests of the City that the Bonds be issued in book - entry form as hereinafter provided; and NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Andover, Minnesota, as follows: 1. Acceptance of Proposal. The proposal of (the "Purchaser "), to purchase the Bonds in accordance with the Terms of Proposal, at the rates of interest hereinafter set forth, and to pay therefor the sum of $ , plus interest accrued to settlement, is hereby found, determined and declared to be the most favorable proposal received and is hereby accepted and the Bonds are hereby awarded to the Purchaser. The City Clerk is directed to retain the deposit of the Purchaser and to return to the unsuccessful bidders any good faith checks or drafts. Q 2. Bond Terms 2305226v1 2 (a) Original Issue Date; Denominations; Maturities; Term Bond Option The Bonds shall be dated March 26, 2009, as the date of original issue and shall be issued forthwith on or after such date in fully registered form, shall be numbered from R -1 upward in the denomination of $5,000 each or in any integral multiple thereof of a single maturity (the "Authorized Denominations ") and shall mature on February 1 in the years and amounts as follows: Year Amount Year Amount 2010 2018 2011 2019 2012 2020 2013 2021 2014 2022 2015 2023 2016 2024 2017 As may be requested by the Purchaser, one or more term Bonds may be issued having mandatory sinking fund redemption and final maturity amounts conforming to the foregoing principal repayment schedule, and corresponding additions may be made to the provisions of the applicable Bond(s). © (b) Allocation The aggregate principal amount of $ maturing in each of the years and amounts hereinafter set forth are issued to finance acquisition of the Equipment (the "Equipment Portion "); the aggregate principal amount of $ maturing in each of the years and amounts hereinafter set forth are issued to finance the System Improvements (the "System Improvements Portion "); and aggregate principal amount of $ maturing in each of the years and amounts hereinafter set forth are issued to finance the Refunding (the "Refunding Portion "): 2305226v1 3 © Equipment System Improvements Refunding Year Portion Portion Portion Total Amount 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 If Bonds are prepaid, the prepayments shall be allocated to the portions of debt service (and hence allocated to the payment of Bonds treated as relating to a particular portion of debt service) as provided in this paragraph. If the source of prepayment moneys is the general fund of © the City, or other generally available source, the prepayment may be allocated to any portion of debt service in such amounts as the City shall determine. If the source of the prepayment is taxes levied for the Equipment, the prepayment shall be allocated to the Equipment Portion of debt service. If the source of a prepayment is excess net revenues of the System pledged to the System Improvements, the prepayment shall be allocated to the System Improvements Portion of debt service. If the source of a prepayment is an allotment received from the City's account in the Municipal State -Aid Street Fund, the prepayment shall be allocated to the Refunding Portion of debt service. (c) Book Entry Only System The Depository Trust Company, a limited purpose trust company organized under the laws of the State of New York or any of its successors or its successors to its functions hereunder (the "Depository ") will act as securities depository for the Bonds, and to this end: (i) The Bonds shall be initially issued and, so long as they remain in book entry form only (the "Book Entry Only Period "), shall at all times be in the form of a separate single fully registered Bond for each maturity of the Bonds; and for purposes of complying with this requirement under paragraphs 5 and 10 Authorized Denominations for any Bond shall be deemed to be limited during the Book Entry Only Period to the outstanding principal amount of that Bond. (ii) Upon initial issuance, ownership of the Bonds shall be registered in a bond register maintained by the Bond Registrar (as hereinafter defined) in the name of 10 CEDE & CO., as the nominee (it or any nominee of the existing or a successor Depository, the "Nominee "). 2305226v1 4 © (iii) With respect to the Bonds neither the City nor the Bond Registrar shall have any responsibility or obligation to any broker, dealer, bank, or any other financial institution for which the Depository holds Bonds as securities depository (the "Participant ") or the person for which a Participant holds an interest in the Bonds shown on the books and records of the Participant (the "Beneficial Owner "). Without limiting the immediately preceding sentence, neither the City, nor the Bond Registrar, shall have any such responsibility or obligation with respect to (A) the accuracy of the records of the Depository, the Nominee or any Participant with respect to any ownership interest in the Bonds, or (B) the delivery to any Participant, any Owner or any other person, other than the Depository, of any notice with respect to the Bonds, including any notice of redemption, or (C) the payment to any Participant, any Beneficial Owner or any other person, other than the Depository, of any amount with respect to the principal of or premium, if any, or interest on the Bonds, or (D) the consent given or other action taken by the Depository as the Registered Holder of any Bonds (the "Holder "). For purposes of securing the vote or consent of any Holder under this Resolution, the City may, however, rely upon an omnibus proxy under which the Depository assigns its consenting or voting rights to certain Participants to whose accounts the Bonds are credited on the record date identified in a listing attached to the omnibus proxy. (iv) The City and the Bond Registrar may treat as and deem the Depository to be the absolute owner of the Bonds for the purpose of payment of the principal of and premium, if any, and interest on the Bonds, for the purpose of giving notices of redemption and other matters with respect to the Bonds, for the purpose of obtaining any consent or other action to be taken by Holders for the purpose of registering transfers with respect to such Bonds, and for all purpose whatsoever. The Bond Registrar, as paying agent hereunder, shall pay all principal of and premium, if any, and interest on the Bonds only to the Holder or the Holders of the Bonds as shown on the bond register, and all such payments shall be valid and effective to fully satisfy and discharge the City's obligations with respect to the principal of and premium, if any, and interest on the Bonds to the extent of the sum or sums so paid. (v) Upon delivery by the Depository to the Bond Registrar of written notice to the effect that the Depository has determined to substitute a new Nominee in place of the existing Nominee, and subject to the transfer provisions in paragraph 10 hereof, references to the Nominee hereunder shall refer to such new Nominee. (vi) So long as any Bond is registered in the name of a Nominee, all payments with respect to the principal of and premium, if any, and interest on such Bond and all notices with respect to such Bond shall be made and given, respectively, by the Bond Registrar or City, as the case may be, to the Depository as provided in the Letter of Representations to the Depository required by the Depository as a condition to its acting as book -entry Depository for the Bonds (said Letter of Representations, together with any replacement thereof or amendment or substitute thereto, including any standard procedures or policies referenced 2305226v1 5 © therein or applicable thereto respecting the procedures and other matters relating to the Depository's role as book -entry Depository for the Bonds, collectively hereinafter referred to as the "Letter of Representations "). (vii) All transfers of beneficial ownership interests in each Bond issued in book -entry form shall be limited in principal amount to Authorized Denominations and shall be effected by procedures by the Depository with the Participants for recording and transferring the ownership of beneficial interests in such Bonds. (viii) In connection with any notice or other communication to be provided to the Holders pursuant to this Resolution by the City or Bond Registrar with respect to any consent or other action to be taken by Holders, the Depository shall consider the date of receipt of notice requesting such consent or other action as the record date for such consent or other action; provided, that the City or the Bond Registrar may establish a special record date for such consent or other action. The City or the Bond Registrar shall, to the extent possible, give the Depository notice of such special record date not less than fifteen calendar days in advance of such special record date to the extent possible. (ix) Any successor Bond Registrar in its written acceptance of its duties under this Resolution and any paying agency /bond registrar agreement, shall agree to take any actions necessary from time to time to comply with the requirements of the © Letter of Representations. (x) In the case of a partial prepayment of a Bond, the Holder may, in lieu of surrendering the Bonds for a Bond of a lesser denomination as provided in paragraph 5, make a notation of the reduction in principal amount on the panel provided on the Bond stating the amount so redeemed. (d) Termination of Book -Entry Only System Discontinuance of a particular Depository's services and termination of the book -entry only system may be effected as follows: (i) The Depository may determine to discontinue providing its services with respect to the Bonds at any time by giving written notice to the City and discharging its responsibilities with respect thereto under applicable law. The City may terminate the services of the Depository with respect to the Bond if it determines that the Depository is no longer able to carry out its functions as securities depository or the continuation of the system of book -entry transfers through the Depository is not in the best interests of the City or the Beneficial Owners. (ii) Upon termination of the services of the Depository as provided in the preceding paragraph, and if no substitute securities depository is willing to undertake the functions of the Depository hereunder can be found which, in the opinion of the City, is willing and able to assume such functions upon reasonable or customary terms, or if the City determines that it is in the best interests of the City or the © Beneficial Owners of the Bond that the Beneficial Owners be able to obtain certificates for the Bonds, the Bonds shall no longer be registered as being 2305226v1 6 © registered in the bond register in the name of the Nominee, but may be registered in whatever name or names the Holder of the Bonds shall designate at that time, in accordance with paragraph 10. To the extent that the Beneficial Owners are designated as the transferee by the Holders, in accordance with paragraph 10, the Bonds will be delivered to the Beneficial Owners. (iii) Nothing in this subparagraph (d) shall limit or restrict the provisions of paragraph 10. (e) Letter of Representations The provisions in the Letter of Representations are incorporated herein by reference and made a part of the resolution, and if and to the extent any such provisions are inconsistent with the other provisions of this resolution, the provisions in the Letter of Representations shall control. 3. Purpose; Refunding Findings indings The Equipment Portion of the Bonds shall provide funds to finance acquisition of the Equipment. The System Improvements Portion of the Bonds shall provide funds to finance the System Improvements (the "System Improvements Project "). The Refunding Portion shall provide funds to finance the Refunding. The total cost of the acquisition of the Equipment, the System Improvements Project and the Refunding (herein, together, the "Project "), which shall include all costs enumerated in Minnesota Statutes, Section 475.65, is estimated to be at least equal to the amount of the Bonds. The City covenants that it shall do all things and perform all acts required of it to assure that work on the Project proceeds © with due diligence to completion and that any and all permits and studies required under law for the Project are obtained. It is hereby found, determined and declared that the Refunding is pursuant to Minnesota Statutes, Section 475.67, Subdivision 13, and as of the Crossover Date, shall result in a reduction of the present value of the dollar amount of the debt service to the City from a total dollar amount of $ for the Prior Bonds to a total dollar amount of $ for the Refunding Portion of the Bonds, computed in accordance with the provisions of Minnesota Statutes, Section 475.67, Subdivision 12, and accordingly the dollar amount of such present value of the debt service for the Refunding Portion of the Bonds is lower by at least three percent than the dollar amount of such present value of the debt service for the Prior Bonds, as required in Minnesota Statutes, Section 475.67, Subdivision 12. 4. Interest The Bonds shall bear interest payable semiannually on February 1 and August 1 of each year (each, an "Interest Payment Date "), commencing August 1, 2009, calculated on the basis of a 360 -day year of twelve 30 -day months, at the respective rates per annum set forth opposite the maturity years as follows: 2305226x1 7 © Maturity Year Interest Rate Maturity Year Interest Rate 2010 2018 2011 2019 2012 2020 2013 2021 2014 2022 2015 2023 2016 2024 2017 5. Redemption All Bonds maturing on February 1, 2019 and thereafter, shall be subject to redemption and prepayment at the option of the City on February 1, 2018, and on any date thereafter at a price of par plus accrued interest. Redemption may be in whole or in part of the Bonds subject to prepayment. If redemption is in part, the maturities and the principal amounts within each maturity to be redeemed shall be determined by the City; and if only part of the Bonds having a common maturity date are called for prepayment, the specific Bonds to be prepaid shall be chosen by lot by the Bond Registrar. Bonds or portions thereof called for redemption shall be due and payable on the redemption date, and interest thereon shall cease to accrue from and after the redemption date. Mailed notice of redemption shall be given to the paying agent and to each affected registered holder of the Bonds thirty days prior to the date fixed for redemption. To effect a partial redemption of Bonds having a common maturity date, the Bond Registrar prior to giving notice of redemption shall assign to each Bond having a common maturity date a distinctive number for each $5,000 of the principal amount of such Bond. The Bond Registrar shall then select by lot, using such method of selection as it shall deem proper in its discretion, from the numbers so assigned to such Bonds, as many numbers as, at $5,000 for each number, shall equal the principal amount of such Bonds to be redeemed. The Bonds to be redeemed shall be the Bonds to which were assigned numbers so selected; provided, however, that only so much of the principal amount of each such Bond of a denomination of more than $5,000 shall be redeemed as shall equal $5,000 for each number assigned to it and so selected. If a Bond is to be redeemed only in part, it shall be surrendered to the Bond Registrar (with, if the City or Bond Registrar so requires, a written instrument of transfer in form satisfactory to the City and Bond Registrar duly executed by the Holder thereof or the Holder's attorney duly authorized in writing) and the City shall execute (if necessary) and the Bond Registrar shall authenticate and deliver to the Holder of the Bond, without service charge, a new Bond or Bonds having the same stated maturity and interest rate and of any Authorized Denomination or Denominations, as requested by the Holder, in aggregate principal amount equal to and in exchange for the unredeemed portion of the principal of the Bond so surrendered. 6. Bond Registrar U.S. Bank National Association, in St. Paul, Minnesota, is appointed to act as bond registrar and transfer agent with respect to the Bonds (the "Bond Registrar "), and shall do so unless and until a successor Bond Registrar is duly appointed, all ® pursuant to any contract the City and Bond Registrar shall execute which is consistent herewith. The Bond Registrar shall also serve as paying agent unless and until a successor - paying agent is 2305226vl 8 duly appointed. Principal and interest on the Bonds shall be paid to the registered holders (or record holders) of the Bonds in the manner set forth in the form of Bond and paragraph 12. 7. Form of Bond The Bonds, together with the Bond Registrar's Certificate of Authentication, the form of Assignment and the registration information thereon, shall be in substantially the following form: UNITED STATES OF AMERICA STATE OF MINNESOTA ANOKA COUNTY CITY OF ANDOVER R- $ GENERAL OBLIGATION BOND, SERIES 2009A Interest Rate Maturity Date Date of Original Issue CUSIP % February 1, March 26, 2009 REGISTERED OWNER: CEDE & CO. PRINCIPAL AMOUNT: ® The City of Andover, Anoka County, Minnesota (the "Issuer "), certifies that it is indebted and for value received promises to pay to the registered owner specified above, or registered assigns, unless called for earlier redemption, in the manner hereinafter set forth, the principal amount specified above, on the maturity date specified above, and to pay interest thereon semiannually on February 1 and August 1 of each year (each, an "Interest Payment Date "), commencing August 1, 2009, at the rate per annum specified above (calculated on the basis of a 360 -day year of twelve 30 -day months) until the principal sum is paid or has been provided for. This Bond will bear interest from the most recent Interest Payment Date to which interest has been paid or, if no interest has been paid, from the date of original issue hereof. The principal of and premium, if any, on this Bond are payable upon presentation and surrender hereof at the principal office of U.S. Bank National Association, in St. Paul, Minnesota (the "Bond Registrar "), acting as paying agent, or any successor paying agent duly appointed by the Issuer. Interest on this Bond will be paid on each Interest Payment Date by check or draft mailed to the person in whose name this Bond is registered (the "Holder" or 'Bondholder ") on the registration books of the Issuer maintained by the Bond Registrar and at the address appearing thereon at the close of business on the fifteenth day of the calendar month next preceding such Interest Payment Date (the "Regular Record Date "). Any interest not so timely paid shall cease to be payable to the person who is the Holder hereof as of the Regular Record Date, and shall be payable to the person who is the Holder hereof at the close of business on a date (the "Special Record Date ") fixed by the Bond Registrar whenever money becomes available for payment of the defaulted interest. Notice of the Special Record Date shall be given to Bondholders not less ® than ten days prior to the Special Record Date. The principal of and premium, if any, and interest on this Bond are payable in lawful money of the United States of America. So long as 2305226v1 9 © this Bond is registered in the name of the Depository or its Nominee as provided in the Resolution hereinafter described, and as those terms are defined therein, payment of principal of, premium, if any, and interest on this Bond and notice with respect thereto shall be made as provided in the Letter of Representations, as defined in the Resolution, and surrender of this Bond shall not be required for payment of the redemption price upon a partial redemption of this Bond. Until termination of the book -entry only system pursuant to the Resolution, Bonds may only be registered in the name of the Depository or its Nominee. Optional Redemption All Bonds of this issue (the "Bonds ") maturing on February 1, 2019, and thereafter, are subject to redemption and prepayment at the option of the Issuer on February 1, 2018, and on any date thereafter at a price of par plus accrued interest. Redemption may be in whole or in part of the Bonds subject to prepayment. If redemption is in part, the maturities and the principal amounts within each maturity to be redeemed shall be determined by the Issuer; and if only part of the Bonds having a common maturity date are called for prepayment, the specific Bonds to be prepaid shall be chosen by lot by the Bond Registrar. Bonds or portions thereof called for redemption shall be due and payable on the redemption date, and interest thereon shall cease to accrue from and after the redemption date. Mailed notice of redemption shall be given to the paying agent and to each affected registered holder of the Bonds at least thirty days prior to the date fixed for redemption. Selection of Bonds for Redemption; Partial Redemption To effect a partial redemption of Bonds having a common maturity date, the Bond Registrar shall assign to each Bond having a common maturity date a distinctive number for each $5,000 of the principal amount of such Bond. The Bond Registrar shall then select by lot, using such method of selection as it shall deem proper in its discretion, from the numbers assigned to the Bonds, as many numbers as, at $5,000 for each number, shall equal the principal amount of such Bonds to be redeemed. The Bonds to be redeemed shall be the Bonds to which were assigned numbers so selected; provided, however, that only so much of the principal amount of such Bond of a denomination of more than $5,000 shall be redeemed as shall equal $5,000 for each number assigned to it and so selected. If a Bond is to be redeemed only in part, it shall be surrendered to the Bond Registrar (with, if the Issuer or Bond Registrar so requires, a written instrument of transfer in form satisfactory to the Issuer and Bond Registrar duly executed by the Holder thereof or the Holder's attorney duly authorized in writing) and the Issuer shall execute (if necessary) and the Bond Registrar shall authenticate and deliver to the Holder of the Bond, without service charge, a new Bond or Bonds having the same stated maturity and interest rate and of any Authorized Denomination or Denominations, as requested by the Holder, in aggregate principal amount equal to and in exchange for the unredeemed portion of the principal of the Bond so surrendered. Issuance; Purpose; General Obligation This Bond is one of an issue in the total principal amount of $2,380,000, all of like date of original issue and tenor, except as to number, maturity, interest rate, denomination and redemption privilege, issued pursuant to and in full conformity with the Constitution and laws of the State of Minnesota and pursuant to a resolution adopted by the City Council on March 3, 2009 (the "Resolution "), for the purpose of providing money to finance the acquisition of items of capital equipment and improvements to the municipal water system (the "System ") and for a crossover refunding on February 1, 2010, of certain of the Issuer's outstanding General Obligation State -Aid Street Bonds, Series 2001B, dated June 1, 2001. This Bond is payable out of the General Obligation Bonds, Series 2009A Fund of the 2305226v1 10 Issuer. This Bond constitutes a general obligation of the Issuer, and to provide moneys for the prompt and full payment of its principal, premium, if any, and interest when the same become due, the full faith and credit and taxing powers of the Issuer have been and are hereby irrevocably pledged. Denominations, Exchange: Resolution The Bonds are issuable solely in fully registered form in Authorized Denominations (as defined in the Resolution) and are exchangeable for fully registered Bonds of other Authorized Denominations in equal aggregate principal amounts at the office of the Bond Registrar, but only in the manner and subject to the limitations provided in the Resolution. Reference is hereby made to the Resolution for a description of the rights and duties of the Bond Registrar. Copies of the Resolution are on file in the office of the Bond Registrar. Transfer This Bond is transferable by the Holder in person or the Holder's attorney duly authorized in writing at the office of the Bond Registrar upon presentation and surrender hereof to the Bond Registrar, all subject to the terms and conditions provided in the Resolution and to reasonable regulations of the Issuer contained in any agreement with the Bond Registrar. Thereupon the Issuer shall execute and the Bond Registrar shall authenticate and deliver, in exchange for this Bond, one or more new fully registered Bonds in the name of the transferee (but not registered in blank or to "bearer" or similar designation), of an Authorized Denomination or Denominations, in aggregate principal amount equal to the principal amount of this Bond, of the same maturity and bearing interest at the same rate. Fees upon Transfer or Loss The Bond Registrar may require payment of a sum sufficient to cover any tax or other governmental charge payable in connection with the transfer or exchange of this Bond and any legal or unusual costs regarding transfers and lost Bonds. Treatment of Registered Owners The Issuer and Bond Registrar may treat the person in whose name this Bond is registered as the owner hereof for the purpose of receiving payment as herein provided (except as otherwise provided herein with respect to the Record Date) and for all other purposes, whether or not this Bond shall be overdue, and neither the Issuer nor the Bond Registrar shall be affected by notice to the contrary. Authentication This Bond shall not be valid or become obligatory for any purpose or be entitled to any security unless the Certificate of Authentication hereon shall have been executed by the Bond Registrar. Qualified Tax- Exempt Obli ag tion This Bond has been designated by the Issuer as a "qualified tax- exempt obligation" for purposes of Section 265(b)(3) of the Internal Revenue Code of 1986, as amended. IT IS HEREBY CERTIFIED AND RECITED that all acts, conditions and things required by the Constitution and laws of the State of Minnesota to be done, to happen and to be performed, precedent to and in the issuance of this Bond, have been done, have happened and have been performed, in regular and due form, time and manner as required by law, and that this Bond, together with all other debts of the Issuer outstanding on the date of original issue hereof and the date of its issuance and delivery to the original purchaser, does not exceed any constitutional or statutory limitation of indebtedness. 2305226x1 11 IN WITNESS WHEREOF, the City of Andover, Anoka County, Minnesota, by its City Council has caused this Bond to be executed on its behalf by the facsimile signatures of its Mayor and its City Clerk, the corporate seal of the Issuer having been intentionally omitted as permitted by law. Date of Registration: Registrable by: U.S. BANK NATIONAL ASSOCIATION Payable at: U.S. BANK NATIONAL BOND REGISTRAR'S ASSOCIATION CERTIFICATE OF AUTHENTICATION CITY OF ANDOVER, This Bond is one of the Bonds ANOKA COUNTY, MINNESOTA described in the Resolution /s/ Facsimile mentioned within. Mayor U.S. BANK NATIONAL ASSOCIATION /s/ Facsimile St. Paul, Minnesota City Clerk Bond Registrar ® By: Authorized Signature 2305226v1 12 ABBREVIATIONS The following abbreviations, when used in the inscription on the face of this Bond, shall be construed as though they were written out in full according to applicable laws or regulations: TEN COM - as tenants in common TEN ENT - as tenants by the entireties JT TEN - as joint tenants with right of survivorship and not as tenants in common UTMA - as custodian for (Cust) (Minor) under the Uniform (State) Transfers to Minors Act Additional abbreviations may also be used though not in the above list. ASSIGNMENT For value received, the undersigned hereby sells, assigns and transfers unto the within Bond and does hereby irrevocably constitute and appoint attorney to transfer the Bond on the books kept for the registration thereof, with full power of substitution in the premises. Dated: Notice: The assignor's signature to this assignment must correspond with the name as it appears upon the face of the within Bond in every particular, without alteration or any change whatever. Signature Guaranteed: Signature(s) must be guaranteed by a national bank or trust company or by a brokerage firm having a membership in one of the major stock exchanges or any other "Eligible Guarantor Institution" as defined in 17 CFR 240.17 Ad- I5(a)(2). The Bond Registrar will not effect transfer of this Bond unless the information concerning the transferee requested below is provided. Name and Address: (Include information for all joint owners if the Bond is held by joint account.) 23052260 13 PREPAYMENT SCHEDULE This Bond has been prepaid in part on the date(s) and in the amount(s) as follows: Date Amount Authorized signature of Holder 2305226v1 14 8. Execution; Temporary Bonds The Bonds shall be in typewritten form, shall be executed on behalf of the City by the signatures of its Mayor and City Clerk and be sealed with the seal of the City; provided, as permitted by law, both signatures may be photocopied facsimiles and the corporate seal has been omitted. In the event of disability or resignation or other absence of either officer, the Bonds may be signed by the manual or facsimile signature of the officer who may act on behalf of the absent or disabled officer. In case either officer whose signature or facsimile of whose signature shall appear on the Bonds shall cease to be such officer before the delivery of the Bonds, the signature or facsimile shall nevertheless be valid and sufficient for all purposes, the same as if the officer had remained in office until delivery. 9. Authentication No Bond shall be valid or obligatory for any purpose or be entitled to any security or benefit under this resolution unless a Certificate of Authentication on such Bond, substantially in the form hereinabove set forth, shall have been duly executed by an authorized representative of the Bond Registrar. Certificates of Authentication on different Bonds need not be signed by the same person. The Bond Registrar shall authenticate the signatures of officers of the City on each Bond by execution of the Certificate of Authentication on the Bond and by inserting as the date of registration in the space provided the date on which the Bond is authenticated, except that for purposes of delivering the original Bonds to the Purchaser, the Bond Registrar shall insert as a date of registration the date of original issue of March 26, 2009. The Certificate of Authentication so executed on each Bond shall be conclusive evidence that it has been authenticated and delivered under this resolution. © 10. Registration; Transfer; Exchange The City will cause to be kept at the principal office of the Bond Registrar a bond register in which, subject to such reasonable regulations as the Bond Registrar may prescribe, the Bond Registrar shall provide for the registration of Bonds and the registration of transfers of Bonds entitled to be registered or transferred as herein provided. Upon surrender for transfer of any Bond at the principal office of the Bond Registrar, the City shall execute (if necessary), and the Bond Registrar shall authenticate, insert the date of registration (as provided in paragraph 9) of, and deliver, in the name of the designated transferee or transferees, one or more new Bonds of any Authorized Denomination or Denominations of a like aggregate principal amount, having the same stated maturity and interest rate, as requested by the transferor; provided, however, that no Bond may be registered in blank or in the name of "bearer" or similar designation. At the option of the Holder, Bonds may be exchanged for Bonds of any Authorized Denomination or Denominations of a like aggregate principal amount and stated maturity, upon surrender of the Bonds to be exchanged at the office of the Bond Registrar. Whenever any Bonds are so surrendered for exchange, the City shall execute (if necessary), and the Bond Registrar shall authenticate, insert the date of registration of, and deliver the Bonds which the Holder making the exchange is entitled to receive. All Bonds surrendered upon any exchange or transfer provided for in this resolution shall be promptly canceled by the Bond Registrar and thereafter disposed of as directed by the City. 2305226v1 15 All Bonds delivered in exchange for or upon transfer of Bonds shall be valid general obligations of the City evidencing the same debt, and entitled to the same benefits under this resolution, as the Bonds surrendered for such exchange or transfer. Every Bond presented or surrendered for transfer or exchange shall be duly endorsed or be accompanied by a written instrument of transfer, in form satisfactory to the Bond Registrar, duly executed by the Holder thereof or the Holder's attorney duly authorized in writing. The Bond Registrar may require payment of a sum sufficient to cover any tax or other governmental charge payable in connection with the transfer or exchange of any Bond and any legal or unusual costs regarding transfers and lost Bonds. Transfers shall also be subject to reasonable regulations of the City contained in any agreement with the Bond Registrar, including regulations which permit the Bond Registrar to close its transfer books between record dates and payment dates. The City Clerk is hereby authorized to negotiate and execute the terms of said agreement. 11. Rights Upon Transfer or Exchange Each Bond delivered upon transfer of or in exchange for or in lieu of any other Bond shall carry all the rights to interest accrued and unpaid, and to accrue, which were carried by such other Bond. 12. Interest Payment; Record Date Interest on any Bond shall be paid on each Interest Payment Date by check or draft mailed to the person in whose name the Bond is registered (the "Holder ") on the registration books of the City maintained by the Bond Registrar and at the address appearing thereon at the close of business on the fifteenth day of the calendar month next preceding such Interest Payment Date (the "Regular Record Date "). Any such interest not so timely paid shall cease to be payable to the person who is the Holder thereof as of the Regular Record Date, and shall be payable to the person who is the Holder thereof at the close of business on a date (the "Special Record Date ") fixed by the Bond Registrar whenever money becomes available for payment of the defaulted interest. Notice of the Special Record Date shall be given by the Bond Registrar to the Holders not less than ten days prior to the Special Record Date. 13. Treatment of Registered Owner The City and Bond Registrar may treat the person in whose name any Bond is registered as the owner of such Bond for the purpose of receiving payment of principal of and premium, if any, and interest (subject to the payment provisions in paragraph 12) on, such Bond and for all other purposes whatsoever whether or not such Bond shall be overdue, and neither the City nor the Bond Registrar shall be affected by notice to the contrary. 14. Delivery; Application of Proceeds The Bonds when so prepared and executed shall be delivered by the City Clerk to the Purchaser upon receipt of the purchase price, and the Purchaser shall not be obliged to see to the proper application thereof. 15. Fund and Accounts There is hereby established a special fund to be designated Q "General Obligation Bonds, Series 2009A Fund" (the "Fund ") to be administered and maintained by the City Clerk as a bookkeeping account separate and apart from all other funds maintained in the official financial records of the City. The Fund shall be maintained in the manner herein 2305226vl 16 specified until all of the Bonds and the interest thereon have been fully paid. The Operation and Maintenance Account heretofore established by the City shall continue to be maintained in the manner heretofore provided by the City. All moneys remaining after paying or providing for the items set forth in the resolution establishing the Operation and Maintenance Account shall constitute or are referred to as "net revenues" until the System Improvements Portion of the Bonds and the Outstanding Bonds have been paid. There shall be maintained in the Fund the following separate accounts to which shall be credited and debited all income and disbursements of the System as hereinafter set forth. The City Clerk and all officials and employees concerned therewith shall establish and maintain financial records of the receipts and disbursements of the System in accordance with this resolution. In such records there shall be established accounts or accounts shall continue to be maintained as the case may be, of the Fund for the purposes and in the amounts as follows: (a) Escrow Account The Escrow Account shall be maintained as an escrow account with U.S. Bank National Association (the 'Escrow Agent "), in St. Paul, Minnesota, which is a suitable financial institution within or without the State. $ in proceeds of the sale of the Refunding Portion of the Bonds shall be received by the Escrow Agent and applied to fund the Escrow Account or to pay costs of issuing the Refunding Portion of the Bonds. Proceeds of the Refunding Portion of the Bonds, less proceeds used to pay costs of issuance and any Refunding Portion of the Bonds proceeds returned to the City, are hereby irrevocably pledged and appropriated to the Escrow Account, together with all investment earnings thereon. The Escrow Account shall be invested in securities maturing or callable at the option of the holder on such dates and bearing interest at such rates as shall be required to provide sufficient funds, together with any cash or other funds retained in the Escrow Account, (i) to pay when due the interest to accrue on the Refunding Portion of the Bonds to and including the Crossover Date; and (ii) to pay when called for redemption on the Crossover Date, the principal amount of the Refunded Bonds. The Escrow Account shall be irrevocably appropriated to the payment of (i) all interest on the Refunding Portion of the Bonds to and including the Crossover Date, and (ii) the principal of the Refunded Bonds due by reason of their call for redemption on the Crossover Date. The moneys in the Escrow Account shall be used solely for the purposes herein set forth and for no other purpose, except that any surplus in the Escrow Account may be remitted to the City, all in accordance with the Escrow Agreement, by and between the City and Escrow Agent (the 'Escrow Agreement "), a form of which is on file in the office of the City Clerk. Any moneys remitted to the City pursuant to the Escrow Agreement shall be deposited in the Debt Service Account. (b) Construction Account To the Construction Account there shall be credited the proceeds of the sale of the Equipment Portion of the Bonds and the System Improvement Portion of the Bonds. From the Construction Account there shall be paid all costs and expenses of acquiring the Equipment and making the System Improvements, including the cost of any construction or other binding contracts heretofore let and all other costs incurred and to be incurred of the kind authorized in Minnesota Statutes, Section 475.65. Moneys in the Construction Account shall be used for no other purpose except as otherwise provided by law; provided that the proceeds of the Equipment Portion of the Bonds and the System Improvement Portion of the Bonds may also be used to the extent necessary to pay interest on the Equipment Portion of the Bonds and the System Improvement Portion of the Bonds due prior to the anticipated date of commencement of the collection of taxes or net revenues herein levied or 2305226v1 17 covenanted to be levied; and provided further that if upon completion of the acquisition of the Equipment and the construction of the System Improvements there shall remain any unexpended balance in the Construction Account, the balance shall be transferred to the Debt Service Account. (c) Debt Service Account There shall be maintained separate subaccounts in the Debt Service Account to be designated the "Equipment Debt Service Subaccount ", the "System Improvements Project Debt Service Subaccount" and the "State -Aid Street Debt Service Subaccount." There are hereby irrevocably appropriated and pledged to, and there shall be credited to the separate subaccounts of the Debt Service Account: (i) Equipment Debt Service Subaccount To the Equipment Debt Service Subaccount there shall be credited: (A) collections of all taxes herein or hereinafter levied for the payment of the Equipment Portion of the Bonds and interest thereon; (B) a pro rata share of all funds remaining in the Construction Account after the Equipment has been acquired; (C) all investment earnings on funds held in the Equipment Debt Service Subaccount; and (D) any and all other moneys which are properly available and are appropriated by the governing body of the City to the Equipment Debt Service Subaccount. The Equipment Debt Service Subaccount shall be used solely to pay the principal and interest and any premium for redemption of the Equipment Portion of the Bonds and any other general obligation bonds of the City hereafter issued by the City and made payable from said Subaccount as provided by law. (ii) System Improvements Project Debt Service Subaccount To the System Improvements Project Debt Service Subaccount there shall be credited: (A) the net revenues of the System not otherwise pledged and applied to the payment of other obligations of the City, in an amount, together with other funds which may herein or hereafter from time to time be irrevocably appropriated to the System Improvements Project Debt Service Subaccount, sufficient to meet the requirements of Minnesota Statutes, Section 475.61 for the payment of the principal and interest of the System Improvements Portion of the Bonds; (B) any collections of all taxes which may hereafter be levied in the event that the net revenues of the System and other funds herein pledged to the payment of the principal and interest on the System Improvements Portion of the Bonds are insufficient therefore; (C) a pro rata share of all funds remaining in the Construction Account after completion of the System Improvements and payment of the costs thereof; (D) all investment earnings on funds held in the System Improvements Project Debt Service Subaccount; and (E) any and all other moneys which are properly available and are appropriated by the governing body of the City to the System Improvements Project Debt Service Subaccount. The System Improvements Project Debt Service Subaccount shall be used solely to pay the principal and interest and any premium for redemption of the System Improvements Portion of the Bonds and any other general obligation bonds of the City hereafter issued by the City and made payable from said subaccount as 10 provided by law. 2305226v1 18 ® (iii) State -Aid Street Debt Service Subaccount To the State -Aid Street Debt Service Subaccount there shall be credited an amount of moneys allotted or to be allotted to the City from its account in the Municipal State -Aid Street Fund sufficient to pay the principal of and interest on the Refunding Portion of the Bonds. Upon receipt from the Commissioner of Finance of the annual amount of money needed for payment of principal and interest due each year, the allotment shall be deposited in the State -Aid Street Debt Service Subaccount. There are also hereby irrevocably appropriated and pledged to, and there shall be credited to, the State - Aid Street Debt Service Subaccount: (A) collections of all taxes herein or hereinafter levied for the payment of the Refunding Portion of the Bonds and interest thereon; (B) all investment earnings on funds held in the State -Aid Street Debt Service Subaccount; (C) any funds remaining after the Crossover Date in the Debt Service Account established by the Prior Resolution; and (D) any and all other moneys which are properly available and are appropriated by the governing body of the City to the State -Aid Street Debt Service Subaccount. The State -Aid Street Debt Service Subaccount shall be used solely to pay the principal and interest and any premium for redemption of the Refunding Portion of the Bonds and any other general obligation bonds of the City hereafter issued by the City and made payable from said subaccount as provided by law. No portion of the proceeds of the Bonds shall be used directly or indirectly to acquire higher yielding investments or to replace funds which were used directly or indirectly to acquire © higher yielding investments, except (1) for a reasonable temporary period until such proceeds are needed for the purpose for which the Bonds were issued and (2) in addition to the above in an amount not greater than the lesser of five percent of the proceeds of the Bonds or $100,000. To this effect, any proceeds of the Bonds and any sums from time to time held in the Construction Account, Operation and Maintenance Account or Debt Service Account (or any other City account which will be used to pay principal or interest to become due on the bonds payable therefrom) in excess of amounts which under then applicable federal arbitrage regulations may be invested without regard to yield shall not be invested at a yield in excess of the applicable yield restrictions imposed by said arbitrage regulations on such investments after taking into account any applicable "temporary periods" or "minor portion" made available under the federal arbitrage regulations. Money in the Fund shall not be invested in obligations or deposits issued by, guaranteed by or insured by the United States or any agency or instrumentality thereof if and to the extent that such investment would cause the Bonds to be "federally guaranteed" within the meaning of Section 149(b) of the Internal Revenue Code of 1986, as amended (the "Code "). 16. Covenants Relating to the Equipment Portion of the Bonds To provide honeys for payment of the principal and interest on the Equipment Portion of the Bonds there is hereby levied upon all of the taxable property in the City a direct annual ad valorem tax which shall be spread upon the tax rolls and collected with and as part of other general property taxes in the City for the years and in the amounts as follows: Years of Tax Levy Years of Tax Collection Amount 2009 -2010 2010 -2011 $ 2305226v1 19 ® The tax levies are such that if collected in full they will produce at least five percent in excess of the amount needed to meet when due the principal and interest payments on the Equipment Portion of the Bonds. The tax levies shall be irrepealable so long as any of the Equipment Portion of the Bonds are outstanding and unpaid, provided that the City reserves the right and power to reduce the levies in the manner and to the extent permitted by Minnesota Statutes, Section 475.6 1, Subdivision 3. 17. Covenants Relating to the System Improvements Portion of the Bonds (a) Sufficiency of Net Revenues It is hereby found, determined and declared that the net revenues of the System are sufficient in amount to pay when due the principal of and interest on the System Improvements Portion of the Bonds and the Outstanding Bonds and a sum at least five percent in excess thereof, and the net revenues of the System are hereby pledged on a parity lien with the Outstanding Bonds for the payment of the System Improvements Portion of the Bonds and shall be applied for that purpose, but solely to the extent required to meet the principal and interest requirements of the System Improvements Portion of the Bonds as the same become due. Nothing contained herein shall be deemed to preclude the City from making further pledges and appropriations of the net revenues of the System for the payment of other or additional obligations of the City, provided that it has first been determined by the City Council that the estimated net revenues of the System will be sufficient in addition to all other sources, for the payment of the System Improvements Portion of the Bonds and such additional obligations and any such pledge and appropriation of the net revenues may be made superior or subordinate to, or on a parity with the pledge and appropriation herein. (b) Excess Net Revenues Net revenues in excess of those required for the foregoing may be used for any proper purpose. (c) Covenant to Maintain Rates and Charges In accordance with Minnesota Statutes, Section 444.075, the City hereby covenants and agrees with the Holders of the Bonds that it will impose and collect charges for the service, use, availability and connection to the System at the times and in the amounts required to produce net revenues adequate to pay all principal and interest when due on the System Improvements Portion of the Bonds and the Outstanding Bonds. Minnesota Statutes, Section 444.075, Subdivision 2, provides as follows: "Real estate tax revenues should be used only, and then on a temporary basis, to pay general or special obligations when the other revenues are insufficient to meet the obligations." (d) General Obligation Pledge For the prompt and full payment of the principal and interest on the System Improvements Portion of the Bonds, as the same respectively become due, the full faith, credit and taxing powers of the City shall be and are hereby irrevocably pledged. If the net revenues of the System appropriated and pledged to the payment of principal and interest on the System Improvements Portion of the Bonds, together with other funds irrevocably appropriated to the System Improvements Project Debt Service Subaccount herein established, shall at any time be insufficient to pay such principal and interest when due, the City covenants and agrees to levy, without limitation as to rate or amount an ad valorem tax upon all taxable property in the City sufficient to pay such principal and interest as it becomes due. © 18. Covenants Relating to the Refunding Portion of the Bonds 2305226v1 20 (a) Certification to Commissioner. Upon the sale of the Bonds an officer of the City shall promptly certify to the Commissioner of Transportation, State of Minnesota, the amount of money required annually for the payment of principal and interest on the Refunding Portion of the Bonds, all in accordance with Minnesota Statutes, Section 162.18. (b) Expenditure Consistent with Minnesota Statutes Chapter 162 Proceeds of the Refunding Portion of the Bonds shall be spent only in accordance with the provisions of law and the rules and regulations of the Commissioner of Transportation relating to the establishment, location, relocation, construction, reconstruction and/or improvement of municipal State -Aid streets within the City. The City has been complying, and shall continue to comply with the requirements of Minnesota Statutes, Chapter 162 with respect to the Prior Bonds and the Refunding Portion of the Bonds. (c) 105% Debt Service Coverage It is hereby determined and reasonably anticipated that the estimated collections of the sums pledged to the Debt Service Account will produce at least five percent in excess of the amount needed to meet, when due, the principal of and interest on the Refunding Portion of the Bonds. (d) General Obligation Pledge For the prompt and full payment of the principal and interest on the Refunding Portion of the Bonds, as the same respectively become due, the full faith, credit and taxing powers of the City shall be and are hereby irrevocably pledged. If the balance in the State -Aid Street Debt Service Subaccount is ever insufficient to pay all principal ® and interest then due on the Refunding Portion of the Bonds and any other bonds payable therefrom, the deficiency shall be promptly paid out of any other funds of the City which are available for such purpose, and such other funds may be reimbursed with or without interest from the State -Aid Street Debt Service Subaccount when a sufficient balance is available therein. 19. Continuing Disclosure The City is the sole obligated person with respect to the Bonds. The City hereby agrees, in accordance with the provisions of Rule 15c2 -12 (the "Rule "), promulgated by the Securities and Exchange Commission (the "Commission ") pursuant to the Securities Exchange Act of 1934, as amended, and a Continuing Disclosure Undertaking (the "Undertaking ") hereinafter described: (a) to provide or cause to be provided to each nationally recognized municipal securities information repository ( "NRMSIR ") and to the appropriate state information depository ( "SID "), if any, for the State of Minnesota, through and including June 30, 2009, and thereafter to the Electronic Municipal Market Access system at www.emma.msrb.org ('Emma "), in each case as designated by the Commission in accordance with the Rule, certain annual financial information and operating data in accordance with the Undertaking. The City reserves the right to modify from time to time the terms of the Undertaking as provided therein; and (b) to provide or cause to be provided, in a timely manner, (i) through and including June 30, 2009 to each NRMSIR or to the Municipal Securities Rulemaking Board ( "MSRB ") and any SID, and (ii) thereafter to EMMA, notice of the occurrence of certain material events with respect to the Bonds in accordance with the Undertaking; 2305226v1 21 (c) to provide or cause to be provided, in a timely manner, (i) through and including June 30, 2009 to each NRMSIR or to the MSRB and any SID, and (ii) thereafter to EMMA, notice of a failure by the City to provide the annual financial information with respect to the City described in the Undertaking; and (d) the City agrees that its covenants pursuant to the Rule set forth in this paragraph and in the Undertaking is intended to be for the benefit of the Holders of the Bonds and shall be enforceable on behalf of such Holders; provided that the right to enforce the provisions of these covenants shall be limited to a right to obtain specific enforcement of the City's obligations under the covenants The Mayor and City Clerk, or any other officer of the City authorized to act in their place (the "Officers ") are hereby authorized and directed to execute on behalf of the City the Undertaking in substantially the form presented to the City Council subject to such modifications thereof or additions thereto as are (i) consistent with the requirements under the Rule, (ii) required by the Purchaser of the Bonds, and (iii) acceptable to the Mayor and City Clerk. 20. Defeasance When all Bonds have been discharged as provided in this paragraph, all pledges, covenants and other rights granted by this resolution to the registered holders of the Bonds shall, to the extent permitted by law, cease. The City may discharge its obligations with respect to any Bonds which are due on any date by irrevocably depositing with the Bond Registrar on or before that date a sum sufficient for the payment thereof in full; or if any Bond should not be paid when due, it may nevertheless be discharged by depositing with the Bond Registrar a sum sufficient for the payment thereof in full with interest accrued to the date of such deposit. The City may also discharge its obligations with respect to any prepayable Bonds called for redemption on any date when they are prepayable according to their terms, by depositing with the Bond Registrar on or before that date a sum sufficient for the payment thereof in full, provided that notice of redemption thereof has been duly given. The City may also at any time discharge its obligations with respect to any Bonds, subject to the provisions of law now or hereafter authorizing and regulating such action, by depositing irrevocably in escrow, with a suitable banking institution qualified by law as an escrow agent for this purpose, cash or securities described in Minnesota Statutes, Section 475.67, Subdivision 8, bearing interest payable at such times and at such rates and maturing on such dates as shall be required, without regard to sale and/or reinvestment, to pay all amounts to become due thereon to maturity or, if notice of redemption as herein required has been duly provided for, to such earlier redemption date. 21. Compliance With Reimbursement Bond Regulations The provisions of this paragraph are intended to establish and provide for the City's compliance with United States Treasury Regulations Section 1.150 -2 (the "Reimbursement Regulations ") applicable to the "reimbursement proceeds" of the Bonds, being those portions thereof which will be used by the City to reimburse itself for any expenditure which the City paid or will have paid prior to the Closing Date (a "Reimbursement Expenditure "). The City hereby certifies and/or covenants as follows: 2305226v1 22 (a) Not later than sixty days after the date of payment of a Reimbursement Expenditure, the City (or person designated to do so on behalf of the City) has made or will have made a written declaration of the City's official intent (a "Declaration ") which effectively (i) states the City's reasonable expectation to reimburse itself for the payment of the Reimbursement Expenditure out of the proceeds of a subsequent borrowing; (ii) gives a general and functional description of the property, project or program to which the Declaration relates and for which the Reimbursement Expenditure is paid, or identifies a specific fund or account of the City and the general functional purpose thereof from which the Reimbursement Expenditure was to be paid (collectively the "Project "); and (iii) states the maximum principal amount of debt expected to be issued by the City for the purpose of financing the Project; provided, however, that no such Declaration shall necessarily have been made with respect to: (i) "preliminary expenditures" for the Project, defined in the Reimbursement Regulations to include engineering or architectural, surveying and soil testing expenses and similar prefatory costs, which in the aggregate do not exceed twenty percent of the "issue price" of the Bonds, and (ii) a de minimis amount of Reimbursement Expenditures not in excess of the lesser of $100,000 or five percent of the proceeds of the Bonds. (b) Each Reimbursement Expenditure is a capital expenditure or a cost of issuance of the Bonds or any of the other types of expenditures described in Section 1.150- 2(d)(3) of the Reimbursement Regulations. (c) The "reimbursement allocation" described in the Reimbursement Regulations for © each Reimbursement Expenditure shall and will be made forthwith following (but not prior to) the issuance of the Bonds and in all events within the period ending on the date which is the later of three years after payment of the Reimbursement Expenditure or one year after the date on which the Project to which the Reimbursement Expenditure relates is first placed in service. (d) Each such reimbursement allocation will be made in a writing that evidences the City's use of Bond proceeds to reimburse the Reimbursement Expenditure and, if made within 30 days after the Bonds are issued, shall be treated as made on the day the Bonds are issued. Provided, however, that the City may take action contrary to any of the foregoing covenants in this paragraph upon receipt of an opinion of its Bond Counsel for the Bonds stating in effect that such action will not impair the tax- exempt status of the Bonds. 22. General Obligation Pledge For the prompt and full payment of the principal and interest on the Bonds, as the same respectively become due, the full faith, credit and taxing powers of the City shall be and are hereby irrevocably pledged. If the balance in the Debt Service Account is ever insufficient to pay all principal and interest then due on the Bonds and any other bonds payable therefrom, the deficiency shall be promptly paid out of any other funds of the City which are available for such purpose, and such other funds may be reimbursed with or without interest from the Debt Service Account when a sufficient balance is available therein. 23. Certificate of Registration The City Clerk is hereby directed to file a certified copy of this resolution with the County Auditor of Anoka County, Minnesota, together with such ® other information as the Auditor shall require, and to obtain the County Auditor's certificate that 2305226v1 23 the Bonds have been entered in the County Auditor's Bond Register and the tax levy required by law has been made. 24. Records and Certificates The officers of the City are hereby authorized and directed to prepare and furnish to the Purchaser, and to the attorneys approving the legality of the issuance of the Bonds, certified copies of all proceedings and records of the City relating to the Bonds and to the financial condition and affairs of the City, and such other affidavits, certificates and information as are required to show the facts relating to the legality and marketability of the Bonds as the same appear from the books and records under their custody and control or as otherwise known to them, and all such certified copies, certificates and affidavits, including any heretofore furnished, shall be deemed representations of the City as to the facts recited therein. 25. Negative Covenant as to Use of Bond Proceeds and Project The City hereby covenants not to use the proceeds of the Bonds or to use the Project, or to cause or permit them to be used, or to enter into any deferred payment arrangements for the cost of the Project, in such a manner as to cause the Bonds to be "private activity bonds" within the meaning of Sections 103 and 141 through 150 of the Code. 26. Tax - Exempt Status of the Bonds; Rebate — Refunding Portion of the Bonds; Equipment Portion of the Bonds and System Improvements Portion of the Bonds With respect to the Refunding Portion of the Bonds, the City is subject to the rebate requirement imposed by Section 148(f) of the Code because the Refunded Bonds did not qualify for the small issuer exemption from rebate, as provided in Section 148(f)(4)(D) of the Code and Section 1.148 -8 of the Regulations. With respect to the Equipment Portion of the Bonds and the System Improvements Portion of the Bonds, the City shall comply with requirements necessary under the Code to establish and maintain the exclusion from gross income under Section 103 of the Code of the interest on the Equipment Portion of the Bonds and the System Improvements Portion of the Bonds, including without limitation (a) requirements relating to temporary periods for investments, (b) limitations on amounts invested at a yield greater than the yield on the Bonds, and (c) the rebate of excess investment earnings to the United States if the Bonds (together with other obligations reasonably expected to be issued and outstanding at one time in this calendar year) exceed the small issuer exception amount of $5,000,000. With respect to the Equipment Portion of the Bonds and the System Improvements Portion of the Bonds, for purposes of qualifying for the small issuer exception to the federal arbitrage rebate requirements for governmental units issuing $5,000,000 or less of bonds, the City hereby finds, determines and declares that (a) the Equipment Portion of the Bonds and the System Improvements Portion of the Bonds are issued by a governmental unit with general taxing powers; (b) no Equipment Portion of the Bond and the System Improvements Portion of the Bond is a private activity bond; (c) ninety five percent or more of the net proceeds of the Equipment Portion of the Bonds and the System Improvements Portion of the Bonds are to be used for local governmental activities of the City (or of a governmental unit the jurisdiction of which is entirely within the jurisdiction of the City); and (d) the aggregate face amount of all tax © exempt bonds (other than private activity bonds)'issued by the City (and all entities subordinate to, or treated as one issuer with the City) during the calendar year in which the Bonds are issued 2305226v1 24 and outstanding at one time is not reasonably expected to exceed $5,000,000, all within the meaning of Section 148(f)(4)(D) of the Code. 27. Designation of Qualified Tax - Exempt Obligations In order to qualify the Bonds as "qualified tax- exempt obligations" within the meaning of Section 265(b)(3) of the Code, the City hereby makes the following factual statements and representations: (a) the Bonds are issued after August 7, 1986; (b) the Bonds are not "private activity bonds" as defined in Section 141 of the Code; (c) the City hereby designates the Bonds as "qualified tax - exempt obligations" for purposes of Section 265(b)(3) of the Code; (d) the reasonably anticipated amount of tax- exempt obligations (other than private activity bonds, treating qualified 501(c)(3) bonds as not being private activity bonds) which will be issued by the City (and all entities treated as one issuer with the City, and all subordinate entities whose obligations are treated as issued by the City) during this calendar year 2009 will not exceed $10,000,000; (e) not more than $10,000,000 of obligations issued by the City during this calendar year 2009 have been designated for purposes of Section 265(b)(3) of the Code; ® (f) the aggregate face amount of the Bonds does not exceed $10,000,000. The City shall use its best efforts to comply with any federal procedural requirements which may apply in order to effectuate the designation made by this paragraph. 28. Severability If any section, paragraph or provision of this resolution shall be held to be invalid or unenforceable for any reason, the invalidity or unenforceability of such section, paragraph or provision shall not affect any of the remaining provisions of this resolution 29. Headings Headings in this resolution are included for convenience of reference only and are not a part hereof, and shall not limit or define the meaning of any provision hereof. The motion for the adoption of the foregoing resolution was duly seconded by member Trude and, after a full discussion thereof and upon a vote being taken thereon, the following voted in favor thereof: Bukkila, Gamache and Knight and the following voted against the same: None Whereupon the resolution was declared duly passed and adopted. 2305226v1 25 STATE OF MINNESOTA COUNTY OF ANOKA CITY OF ANDOVER I, the undersigned, being the duly qualified and acting City Clerk of the City of Andover, Minnesota, DO HEREBY CERTIFY that I have compared the attached and foregoing extract of minutes with the original thereof on file in my office, and that the same is a full, true and complete transcript of the minutes of a meeting of the City Council, duly called and held on the date therein indicated, insofar as such minutes relate to authorizing the issuance and awarding the sale of $2,380,000 General Obligation Bonds, Series 2009A. WITNESS my hand on March 3, 2009. it y Clerk 2305226v1 26 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 014 -09 MOTION by Councilmember Trude to adopt the following: A RESOLUTION APPROVING FINAL PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR 2009 STREET RECONSTRUCTION PROJECT NO. 09 -2 WHEREAS, pursuant to Resolution No. 011 -09 , adopted by the City Council on the 3' day of February , 2009 , the City Engineer has prepared final plans and specifications for Project No. 09 -2 . WHEREAS, such final plans and specifications were presented to the City Council for their review on the 17 day of February , 2009 . NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby approve the Final Plans and Specifications. BE IT FURTHER RESOLVED by the City Council of the City of Andover to hereby direct the City Clerk to seek public bids as required by law, with such bids to be opened at 11:00 a.m. , March 24 , 2009 at the Andover City Hall. MOTION seconded by Councilmember Bukkila and adopted by the City Council at a regular meeting this 17 day of February 2009 , with Councilmembers Trude, Bukkila, Knight, Gamache, Jacobson voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: Aichael R - Mayor �x f ilL vfn" Mi&helle Hartner — Deputy City Clerk © CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 013 -09 MOTION by Councilmember Trude to adopt the following: A RESOLUTION ORDERING IMPROVEMENT, DIRECTING PREPARATION OF PLANS AND SPECIFICATIONS, APPROVING FINAL PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR PROJECT NO. 09 -5 , FOR 2009 PAVEMENT MARKINGS . WHEREAS, the City Council is cognizant of the need for the pavement marking improvements; and NOW, THEREFORE BE IT RESOLVED by the City Council to order the improvement of 2009 Pavement Markings , Project 09 -5 and direct the City of Coon Rapids to prepare the plans and specifications for such improvement project. WHEREAS, such final plans and specifications were presented to the City Council for their review on the 17 day of February 2009 © NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby approve the Final Plans and Specifications. BE IT FURTHER RESOLVED by the City Council that bids will be opened February 27 2009 at the Coon Rapids City Hall. MOTION seconded by Councilmember Bukkila and adopted by the City Council at a regular meeting this 17 day of February , 2009 , with Councilmembers Trude, Bukkila, Knight, Gamache, Jacobson voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: A,�� w ichael R. ache - Michelle Hartner — Deputy Clerk Resolution No. Rol 9_09 Council Member Tr d e ' introduced the following resolution and moved its adoption: Resolution Providing for the Sale of $2,380,000 General Obligation Bonds, Series 2009A A. WHEREAS, the City Council of the City of Andover, Minnesota, has heretofore determined that it is necessary and expedient to issue the City's $2,380,000 General Obligation Bonds, Series 2009A (the "Bonds "), to finance the construction of various water system improvements in the City; to finance the acquisition of various capital equipment for the City; and to crossover refund the City's outstanding General Obligation State Aid Street Bonds, Series 2001B; B. WHEREAS, the City has retained Ehlers & Associates, Inc., in Roseville, Minnesota ( "Ehlers "), as its independent financial advisor for the Bonds and is therefore authorized to solicit proposals in accordance with Minnesota Statutes, Section 475.60, Subdivision 2(9); NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover, Minnesota: 1. Authorization; Findings The City Council hereby authorizes Ehlers to solicit proposals for the sale of the Bonds. 2. Meeting; Proposal Opening The City Council shall meet at 7:00 p.m. on March 3, 2009, for the purpose of considering proposals for and awarding the sale of the Bonds. 3. Official Statement In connection with said sale, the officers or employees of the City are hereby authorized to cooperate with Ehlers and participate in the preparation of an official statement for the Bonds and to execute and deliver it on behalf of the City upon its completion. The motion for the adoption of the foregoing resolution was duly seconded by Council Member Ru kki -a and, after full discussion thereof and upon a vote being taken thereon, the following Council Members voted in favor thereof: Gamache, Jacobson and the following voted against the same: Knight (absent) Whereupon said resolution was declared duly passed and adopted. Dated this 3' day of February, 2009. City Clerk © CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 011 -09 MOTION by Councilmember Jacobson to adopt the following: A RESOLUTION ORDERING THE IMPROVEMENT OF 2009 STREET RECONSTRUCTION PROJECT NO. 09 -2 AND DIRECTING PREPARATION OF FINAL PLANS AND SPECIFICATIONS. WHEREAS, Resolution No. 001 -09 of the City Council adopted on the 6th day of January , 2009 fixed a date for a public hearing; and WHEREAS, pursuant to the required published and mailed notice such hearing was held on the 3 rd day of February 2009 and WHEREAS, all persons desiring to be heard were given such opportunity for same; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Q Andover to hereby order improvement Project No. 09 -2 . MOTION seconded by Councilmember Trude and adopted by the City Council at a regular meeting this 3rd day of February , 2009 with Councilmembers Jacobson. Trude, Knight (absent), Gamache. Bukkila voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: Michael R. Gamache - Mayor Mich lle Hartner — Deputy City Clerk a CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 010 -09 MOTION by Councilmember Jacobson to adopt the following: A RESOLUTION ORDERING IMPROVEMENT AND DIRECTING PREPARATION OF PLANS AND SPECIFICATIONS FOR THE IMPROVEMENT OF PROJECT NO. 09 -3 FOR THE 2009 CRACK SEALING . WHEREAS, the City Council is cognizant of the need for the crack sealing improvements; and NOW, THEREFORE BE IT RESOLVED by the City Council to order the improvement of 2009 Crack Sealing , Project 09 -3 ; and © BE IT FURTHER RESOLVED by the City Council to hereby direct the City Engineer to prepare the plans and specifications for such improvement project. MOTION seconded by Councilmember Trude and adopted by the City Council at a regular meeting this 3` day of February 2009 , with Councilmembers Jacobson, Trude, Knight (absent), Gamache, Bukkila voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: s , *✓ G-')t ___ «- . �'. MiG ael R. Gamache - Mayor Michelle Hartner — Deputy City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 009 -09 MOTION by Councilmember Jacobson to adopt the following: A RESOLUTION ORDERING IMPROVEMENT, DIRECTING PREPARATION OF PLANS AND SPECIFICATIONS, APPROVING FINAL PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR PROJECT NO. 09 -4 , FOR 2009 SEAL COATING . WHEREAS, the City Council is cognizant of the need for the seal coating improvements; and NOW, THEREFORE BE IT RESOLVED by the City Council to order the improvement of 2009 Seal Coating , Project 09 -4 and direct the City of Coon Rapids to prepare the plans and specifications for such improvement project. WHEREAS, such final plans and specifications were presented to the City Council for their review on the 3` day of February 2009 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby approve the Final Plans and Specifications. BE IT FURTHER RESOLVED by the City Council that bids will be opened February 27 , 2009 at the Coon Rapids City Hall. MOTION seconded by Councilmember Trude and adopted by the City Council at a regular meeting this 3 RD day of February , 2009 with Councilmembers Jacobson, Trude, Knight (absent), Gamache, Bukkila voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: / MJelael R. Gamache - Mayor uA Michelle Hartner — Deputy Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 008 -09 MOTION by Councilmember Jacobson to adopt the following: A RESOLUTION ACCEPTING FEASIBILITY REPORT AND CALLING PUBLIC HEARING ON IMPROVEMENTS OF PROJECT NO. 08-37 TH AVENUE NW RECONSTRUCTION (MSAS 102) WHEREAS, pursuant to Resolution No. 091 -08 adopted the 16 day of December , 2008 a Feasibility Report has been prepared by the Director of Public Works /City Engineer for the improvements: and WHEREAS, such report was received by the City Council on the 3` day of February 2009 and WHEREAS, such report declared the proposed assessment to be feasible for an estimated total project cost of $564,090.00 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover that: 1. The City Council hereby accepts the Feasibility Report for Project No. 08 -37 for the improvements. 2. The Council will consider the improvements in accordance with the report and the assessment of abutting property for all or a portion of the improvement pursuant to Minnesota Statutes Chapter 429 at an estimated total cost of the improvement of $ 564,090.00 . 3. A public hearing shall be held on such proposed improvement on the 3rd day of March , 2009 in the Council Chambers of the City Hall at 7:00 PM and the Clerk shall give mailed and published notice of such hearing and improvement as required by law. MOTION seconded by Councilmember Trude and adopted by the City Council at a regular meeting this 3` day of February , 2009 with Councilmembers Jacobson. Trude, Knight (absent), Gamache, Bukkila voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ; ATTEST: Mid R. Ga ache - Mayor Mic elle Hartner— Deputy City Clerk CITY OF ANDOVER © COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 007 -09 MOTION by Councilmember Trude to adopt the following: A RESOLUTION ORDERING IMPROVEMENT AND DIRECTING PREPARATION OF PLANS AND SPECIFICATIONS FOR THE IMPROVEMENT OF PROJECT NO. 09 -11 WATER TREATMENT PLANT EXPANSION (SETTLING PLATES) . WHEREAS, the City Council is cognizant of the need for the improvements; and NOW, THEREFORE BE IT RESOLVED by the City Council to order the improvement of City Project 09 -11, Water Treatment Plant Expansion (Settling Plates); and BE IT FURTHER RESOLVED by the City Council to hereby direct SEH to prepare the plans and specifications for such improvement project. MOTION seconded by Councilmember Knight and adopted by the © City Council at a regular meeting this 20 day of January 2009 , with Councilmembers Trude, Knight, Gamache, Jacobson, Bukkila voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: M}c ael R. Gamache - Mayor `7)QA Michelle Hartner— Deputy City Clerk © CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 006 -09 MOTION by Councilmember Trude to adopt the following: WHEREAS, the City of Andover supports the grant application made to the Minnesota Department of Natural Resources for the Local Trail Connections Grant Program. The application is to construct about 0.40 of a mile of paved trail for the Andover Station North Trail Trail System. The trail system is located in Section 27, Township 32, Range 24 , and WHEREAS, the City of Andover recognizes the fifty (50) percent match requirement for the Local Trail Connections Grant Program, and has secured the matching funds. NOW, THEREFORE, BE IT RESOLVED, if the City of Andover is awarded a grant by the Minnesota Department of Natural Resources, the City of Andover agrees to accept the grant award, and may enter into an agreement with the State of Minnesota for the above referenced project. The City of Andover will comply with all applicable ® laws, environmental requirements and regulations as stated in the grant agreement, and BE IT FURTHER RESOLVED, the City Council of the City of Andover names the fiscal agent for the City of Andover for this project as: Jim Dickinson City Administrator /Finance Director City of Andover 1685 Crosstown Boulevard NW Andover, MN 55304 BE IT FURTHER RESOLVED, the City of Andover hereby assures the Andover Station North Trail will be maintained for a period of no less than 20 years. Adopted by the City Council of the City of Andover this 20 day of January 2009 CITY OF ANDOVER ATTEST: Miefiael R. Gamache — Mayor Michelle Hartner — Deputy City Clerk CITY OF ANDOVER COUNTY OF ANOKA © STATE OF MINNESOTA RES. NO. 004 -09 MOTION by Councilmember Knight to adopt the following: A RESOLUTION GRANTING THE VACATION OF EASEMENT REQUEST OF MIKE BABINEAU TO VACATE A PORTION OF THE DRAINAGE AND UTILITY EASEMENT AT 16480 WINTERGREEN STREET (PIN 14- 32 -24 -12 -0019) LEGALLY DESCRIBED AS LOT 1 BLOCK 1 COUNTRY OAKS WEST, ANOKA COUNTY, MINNESOTA WHEREAS, the applicant has requested to vacate a portion of a drainage and utility easement as indicated on Exhibit A, and WHEREAS, a public hearing was held to allow residents to comment on the request, and WHEREAS, the Engineering Department has determined that the proposed vacation of easement will not adversely affect the floodplain or drainage in the surrounding area; and WHEREAS, the City Council finds the request would not have a detrimental © effect upon the health, safety, moral, and general welfare of the City of Andover; and NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby grants the vacation of the drainage and utility easement as indicated on Exhibit A. MOTION seconded by Councilmember Jacobson and adopted by the City Council at a regular meeting this 6 th day of January , 2009 , with Councilmembers Trude, Jacobson, Knight, Gamache, Bukkila voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: ` " chael R. G9nTal6he - Mayor Mic elle Hartner — Deputy City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 003-09 A RESOLUTION DESIGNATING DEPOSITORIES OF CITY FUNDS AND SUPPLEMENTAL DEPOSITORIES OF CITY FUNDS FOR INVESTMENT PURPOSES ONLY. WHEREAS, Minnesota Statutes sets forth the procedures for the deposit of public funds which include requiring the Andover City Council to annually designate the official depositories for City funds and manage the collateral pledged to such funds; and WHEREAS, other financial institutions are, from time to time, able to pay the City of Andover interest rates on deposits that are greater than can be obtained from the official depositories. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover that the City's official depositories for 2009 are the Andover office of Wells Fargo Bank Minnesota, N.A., the Andover office of US Bank and 1 Regents Bank. © BE IT FURTHER RESOLVED that Wells Fargo Investment Services Inc. and Wells Fargo Institutional Trust; US. Bank Institutional Trust; the Minnesota Municipal Money Market Fund; Village Bank; Bank of The West; Northland Securities; Comerica Securities Inc.; Citigroup Global Markets Inc.; RBC Dain Rauscher Inc.; UBS Financial Services Inc.; and Morgan Keegan & Company be designated as additional depositories for 2009 for investment and cash management purposes only. BE IT STILL FURTHER RESOLVED that the City Administrator of the City of Andover is hereby designated as the approval authority for the release and acceptance of all collateral to be held by the City in conjunction with City funds on deposit with authorized institutions. Adopted by the Andover City Council on the 6 day of January 2009. CITY OF ANDOVER ATTEST: a ✓G—'� ichael R. amache - Mayor 1idJ�- NRhelle Hartner — Deputy City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 002 -09 A RESOLUTION EXTENDING THE NORTHWEST ANOKA COUNTY COMMUNITY CONSORTIUM JOINT POWERS AGREEMENT WHEREAS, the Andover City Council approved a joint powers agreement between Anoka County, Anoka- Hennepin School district #11 and the cities of Anoka, Ramsey and Andover to create an organizations known as the Northwest Anoka County Community Consortium; and WHEREAS, the agreement expired on December 31, 2008; and WHEREAS, the City of Andover wishes to extend the Northwest Anoka County Community Consortium Joint Powers Agreement. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Andover extend the agreement to December 31, 2010. BE IT FURTHER RESOLVED that the agreement may be renewed for an additional term of two years by resolution of all governing bodies. Adopted by the Andover City Council on the 6 day of January 2009. CITY OF ANDOVER ATTEST: ichael R. Gamache - Mayor i"A� C- Jkl47L1" Mi helle Hartner — Deputy City Clerk Q CITY OF ANDOVER COUNTY OF ANOKA © STATE OF MINNESOTA RES. NO. 001 -09 MOTION by Councilmember Trude to adopt the following: A RESOLUTION ACCEPTING FEASIBILITY REPORT AND CALLING PUBLIC HEARING ON IMPROVEMENTS OF PROJECT NO. 09-2,2009 STREET RECONSTRUCTION WHEREAS, pursuant to Resolution No. 089 -08 adopted the 2 nd day of December , 2008 a Feasibility Report has been prepared by the City Engineer for the improvements: and WHEREAS, such report was received by the City Council on the 6 th day of January 2009 and WHEREAS, such report declared the proposed assessment to be feasible for an estimated total project cost of $929,860.00 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover that: 1. The City Council hereby accepts the Feasibility Report for Project No. 09 -2 , for the improvements. 2. The Council will consider the improvements in accordance with the report and © the assessment of abutting property for all or a portion of the improvement pursuant to Minnesota Statutes Chapter 429 at an estimated total cost of the improvement of $ 929,860.00 3. A public hearing shall be held on such proposed improvement on the 3 rd day of February 2009 in the Council Chambers of the City Hall at 7:00 PM and the Clerk shall give mailed and published notice of such hearing and improvement as required by law. MOTION seconded by Councilmember Jacobson and adopted by the City Council at a regular meeting this 6 day of January 2008 , with Councilmembers Trude, Jacobson, Knight, Gamache, Bukkila voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: 1 Mi0hael R. Gam the - Mayor Michelle Hartner — Deputy City Clerk