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NO. 109-10 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. 11-14,_FOR TOWER #1. WHEREAS, the City Council is cognizant of the need for painting and rehabilitation improvements; and NOW, THEREFORE BE IT RESOLVED by the City Council to order the improvement of City Project 11-14, Tower #1; 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 Bukkila and adopted by the City Council at a reQular meeting this 21st day of December ,2010, with Councilmembers Trude, Bukkila, Jacobson. KniQht, Gamache voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: ~MJJJkCJ)(Mi-YLJA-! Mi helle Hartner - Deputy City Clerk CITY OF ANDOVER 0 COUNTY OF ANOKA STATE OF MINNESOTA RI08-IO A RESOLUTION AUTHORIZING APPLICATIONS FOR 2011 COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS TO BE USED TO CONDUCT PROJECTS WITHIN THE CITY OF ANDOVER FOR THE BETTERMENT OF ANDOVER RESIDENTS WHEREAS, the City Council recognizes the need to use Community Development Block Grant funds for the betterment of Andover residents; and WHEREAS, the County of Anoka makes said funds available to the City through the United States Department of Housing and Urban Development, following guidelines established for the use of Community Development Block Grant funds; and WHEREAS, the City will be eligible to receive funds distributed by Anoka County to conduct projects for the residents of the City for the 2011 fiscal year; and NOW, THEREFORE, BE IT RESOLVED, that the City Council hereby approves the 2011 Community Development Block Grant Projects and Budget as follows: 0 2011 Authorized CDBG Application with Requested Amount 2011 Proiect Proposal Water Connection Assistance Program $168,807 TOTAL $168,807 Adopted by the City Council of the City of Andover on this 21 sl day of December, 2010. CITY OF ANDOVER ATTEST: 0 I CITY OF ANDOVER 0 COUNTY OF ANOKA STATE OF MINNESOTA RES. NO RI07-IO A RESOLUTION GRANTING THE VACATION OF EASEMENTS WITHIN ANDOVER STATION NORTH LEGALLY DESCRlBED AS FOLLOWS: Drainage and Utility Easements originally dedicated by the plat of ANDOVER STATION NORTH (Book 69 of Abst. Page 43) EASEMENT VACATION DESCRIPTION: All those Drainage and Utility Easements as dedicated upon Lots 1,2, and 3, Block 3, ANDOVER STATION NORTH, Anoka County, Minnesota, according to the recorded plat thereof, described as follows: The south 10.00 feet of said Lot 1 lying east ofthe west 318.24 feet thereof. The east 10.00 feet lying north ofthe south 20.00 feet, and the north 10.00 feet lying east of the west 318.24 feet of said Lot 2. The west 10.00 feet lying north of the south 20.00 feet, and the north 10.00 feet lying west ofthe east 10.00 feet of said Lot 3. 0 And Access and Utility Easements created by Declaration of Easements by Andover Economic Development Authority (Doc#I995633.00I). UTILITY EASEMENT VACATION DESCRIPTION The Utility Easement over under and across Lots 1,2, and 3 Block 3, ANDOVER STATION NORTH, Anoka County, Minnesota, described as follows: The south 30.00 feet ofthe west 30.00 feet of that part of said Lot 1 lying east of the west 318.24 feet thereof, the north 50.00 feet of the east 50.00 feet of said Lot 2, and the north 30.00 feet of said Lot 2. ACCESS EASEMENT VACATION DESCRIPTION The Access Easement over under and across Lots 1, 2, and 3, Block 3, ANDOVER STATION NORTH, Anoka County, Minnesota, described as follows: The north 50.00 feet of said Lot 3, the east 50.00 feet of said Lot 3, the north 30.00 feet of said Lot 2, the north 50.00 feet of the east 50.00 feet of said Lot 2, and the south 50.00 0 feet of said Lot 1 lying east of the west 318.24 feet thereof. WHEREAS, the applicant has requested to vacate the previously described drainage, 0 utility and access easements to allow the expansion of Dynamic Sealing Technologies Inc.; 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 the drainage and utility easements. Adopted by the City Council of the City of Andover on this 21 st day of December, 2010 subject to the following: 1. Sale of the subject property to Dynamic Sealing Industries, Inc. prior to the recording ofthis resolution. CITY OF ANDOVER ATTEST 0 0 , CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO.R106-10 APPROVING COST-OF-LIVING ADJUSTMENTS FOR ALL EMPLOYEES FOR CALENDAR YEAR 2011 WHEREAS, cost-of-living adjustments for non-bargaining employees are in order to recognize annual inflationary increases in cost-of-1iving standards as measured by the Consumer Price Index (CPI), and regional economic and market-based indicators; and WHEREAS, the annual percentage adjustments of one (1.0) percent effective January I, 2011 are within the expenditure guidelines established in the 2011 Budget; and NOW THEREFORE, BE IT RESOLVED that the City Council hereby approves cost- of-living adjustments of one (1.0) percent effective January 1,2011, for all employees. Adopted by the City Council on December 21, 2010 CITY OF ANDOVER Attest: ~JCLf dfa;\~ Mi helle Hartner, Deputy City Clerk , CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA 0 RES. NO. RI05-10 A RESOLUTION UPDATING CERTIFIED BONDED INDEBTEDNESS FOR 2011. 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 2011; and WHEREAS, the Anoka County Property Records and Taxation Division is requiring a City Council resolution updating bonded indebtedness levies that would have been celiified 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 20 II as listed on Attachment A. Adopted by the City of Andover this 21st day of December 2010. CITY OF ANDOVER ~ 0 c STATE OF MINNESOTA) OOUNTYOFANOKA ) CITY OF ANDOVER ) I, the undersigned, being the duly qualified and acting City Clerk ofthe City of Andover, Minnesota, do hereby certifY that I have carefully compared the attached Resolution No. RI05-10 adopting the City of Andover updates of all or a portion of previously certified bonded indebtedness levies for 2011 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 '- 0 0 , CITY OF ANDOVER Q COUNTY OF ANOKA STATE OF MINNESOTA RES. NO RI04-IO A RESOLUTION APPROVING THE FINAL PLAT OF ANDOVER STATION FOURTH ADDITION ON PROPERTY LEGALLY DESCRIBED AS: Lot 1, Block 3, ANDOVER STATION NORTH, EXCEPT the west 318.24 feet thereof, Anoka County, Minnesota. And Lots 2 and 3, Block 3, ANDOVER STATION NORTH, Anoka County, Minnesota. WHEREAS, the City Council has approved the preliminary and final plat of Andover Station North; and WHEREAS, the Developer has presented a final plat of Andover Station 4th Addition to combine two lots and adjust the property line between Lots 2 and 3, Block 1, Andover Station North; and 0 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby approve the final plat of Andover Station 4th Addition contingent upon the following: 1. The plat shall conform to the final plat stamped received by the City of Andover December 9, 2010. 2. Park dedication and trail fees shall be paid as designated in the purchase agreement between the Andover Economic Development Authority and Dynamic Sealing technologies, Inc. 3. The developer shall be required to record an addendum to include the new legal descriptions of the properties created with this final plat in the established property owners association. 4. Contingent upon staff review and approval for compliance with City ordinances, policies and guidelines. Adopted by the City Council of the City of Andover this 2I5t day of December, 2010. CITY OF ANDOVER ATTEST: 0 ---- - CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 103-10 MOTION by Councilmember Trude to adopt the following: A RESOLUTION ACCEPTING FEASIBILITY REPORTS AND CALLING PUBLIC HEARINGS ON IMPROVEMENTS 2011 STREET RECONSTRUCTION PROJECTS 11-02A (FLlNTWOOD STREET NW), 11-02B (GENTHON PONDS), 11-02C (ROLLING FOREST) & 11-020 (EASTBROOK TERRACE & AUD. SUB, No, 137). WHEREAS, pursuant to Resolution No. 090-10, adopted the 16th day of November , 2010 Feasibility Reports have been prepared by the Citv EnQineer for the improvements: and WHEREAS, such reports were received by the City Council on the 21st day of December , 2010; and WHEREAS, such reports declared the proposed assessments to be feasible for an estimated total project cost of $ 880,760.00 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover that: , 1, The City Council hereby accepts the Feasibility Reports for Project Nos. 11-02A. , 11-02B. 11-02C & 11-020 for the improvements. ~ 2, The Council will consider the improvements in accordance with the reports 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 $ 880,760,00 3, A public hearing shall be held on such proposed improvement on the 18th day of Januarv , 2011 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 Bukkila and adopted by the City Council at a reQular meeting this 21st day of December , 2010 ,with . Council members Trude. Bukkila, Jacobson, KniQht. Gamache voting , in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: ~#~/t~~ '. ~ !i~ 0 h cJflMhll./L.- ~hael R. G~Che - Mayor . Michelle Hartner - Deputy City Clerk 0 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RESOLUTION NO. RI02-IO A RESOLUTION APPROVING A PREMISES PERMIT FOR THE ANDOVER HUSKIES YOUTH HOCKEY ASSOCIATION TO CONDUCT LAWFUL GAMBLING AT POV'S SPORTS BAR, 1851 BUNKER LAKE BOULEVARD NW, ANDOVER, MINNESOTA. WHEREAS, the Andover Huskies Youth Hockey Association has submitted an application to the City of Andover for a premises permit to operate lawful gambling at Pov's Sports Bar, 1851 Bunker Lake Boulevard 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 0 Andover that a premises permit for lawful gambling conducted by the Andover Huskies Youth Hockey Association is hereby approved. Adopted by the City Council of the City of Andover this ih day of December , 2010. CITY OF ANDOVER Attest: ~}~~Lfdfl1A~ Mi helle Hartner - Deputy CIty Clerk 0 0 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 101-10 A RESOLUTION AMENDING THE CONDITIONAL USE PERMIT FOR A FARM WINERY AT 3482 1 65th LANE NW, LEGALLY DESCRIBED AS: Lot 3, Block 4, Timber Meadows Second Addition, Anoka County, Minnesota WHEREAS, Mark D. Hedin has requested amendment of the conditional use permit for a farm winery on the subject property, to eliminate the production limits and; WHEREAS, the City Council has reviewed the request and has determined that said request shall have limits, but they will be raised to 2,000 gallons per year, and all other conditions shall remain the same; NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby agrees to amend the Conditional Use Permit for a farm winery, subject to the following conditions: 1) The farm winery shall have an annual wine production limit of2,000 gallons and submit copies ofthe Federal and State Reports to the City Clerk regarding annual production. 0 2) The farm winery shall comply with all regulations listed in City Code 12-9 in its entirety. 3) The Conditional Use Permit shall be subject to a sunset clause as defined in City Code 12-14- 6. 4) This Conditional Use Permit shall be subject to annual review. Adopted by the City Council of the City of Andover on this 7th day of December, 2010. CITY OF ANDOVER ~TE~~ 'e". ~ M~ helle Hartner, Deputy City Clerk 0 -~~ CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA 0 RES. NO RIOO-IO A RESOLUTION ADOPTING THE CITY OF ANDOVER 2011 BUDGET AND 2011 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 fmancial support from its residents through the payment of property taxes; and WHEREAS, the City of Andover has the responsibility to appropriately and efficiently manage the public's funds; and WHEREAS, Minnesota State Law requires the City to certifY to the County Auditor an adopted tax levy and budget prior to December 28,2010; and WHEREAS, Minnesota State Law requires the City to certifY to the State of Minnesota Deparhnent of Revenue an adopted tax levy by December 28, 2010. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Andover hereby adopts the 20 I I City of Andover Budget and the 201 1 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 20 I I City of Andover Budget by fund type as follows: REVENUES EXPENDITURES 0 General Fund $ 9,058,294 General Fund $ 9,126,255 Special Revenue Funds 1,931,550 Special Revenue Funds 1,894,393 Debt Service Funds 5,764,569 Debt Service Funds 6,000,901 Capital Projects Funds 6,270,464 Capital Projects Funds 7,991,155 Enterprise Funds 4,869,006 Enterprise Funds 4,813,089 Internal Service Funds 1,016,362 Internal Service Funds 960,012 Total $ 28,910,245 Total $ 30,785,805 Adopted by the City of Andover this 21st day of December 2010. CITY OF ANDOVER ATTEST: - ~.tt&cJfttJ\~ Mic elle Hartner - Deputy City Clerk 0 , STATE OF MINNESOTA) 0 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. R100-l0 adopting the City of Andover 2011 Budget and 2011 Property Tax Levy with the original record thereof preserved in my office, and have found the same to be true and correct transcript of the whole thereof. IN TESTIMONY WHEREOF, I have hereunto subscribed my hand this 21st day of December 2010. ~A'fuilicJjfV\~ Mi helle Hartner - Deputy CIty Clerk Q 0 - CITY OF ANDOVER 0 COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 099-10 MOTION by Councilmember Jacobson to adopt the following: A RESOLUTION ADOPTING THE ASSESSMENT ROLL FOR THE IMPROVEMENT OF SANITARY SEWER & WATER MAIN IN THE FOLLOWING AREA OF 1718 ANDOVER BOULEVARD NW, PROJECT 10-31. 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 ~ years, the first of the installments to be payable on or before the 1 st Monday in January, 2011 and shall bear interest at a rate of 4.5 percent 0 per annum from the date of the adoption of this assessment resolution. 3. The owner of any property so assessed may, at any time prior to certification of the assessment or the first installment thereof to the county auditor, pay the whole of the assessment on such property, with interest accrued to the date of payment, to the municipal treasurer, except that no interest shall be charged if the entire assessment is paid within 30 days from the adoption thereof; and, except as hereinafter provided, the owner may at any time prior to November 15 of any year, prepay to the treasurer of the municipality having levied said assessments, the whole assessment remaining due with interest accrued to December 31 of the year in which said prepayment is made. MOTION seconded by Councilmember Kniqht and adopted by the City Council at a reqular meeting this ih day of December , 2010 , with Councilmembers , Jacobson. Kniqht, Gamache. Trude. Bukkila voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER 0 ATTEST: - CITY OF ANDOVER 0 COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 098-10 MOTION by Council member Jacobson to adopt the following: A RESOLUTION ADOPTING THE ASSESSMENT ROLL FOR THE IMPROVEMENT OF WATER MAIN IN THE FOLLOWING AREA OF 2619- 2623 _138TH AVENUE NW, PROJECT 10-29. WHEREAS, the property owner has waived their right to a public hearing. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF ANDOVER, MINNESOTA: 1. Such proposed assessment, a copy of which is attached hereto and made part hereof, is hereby accepted and shall constitute the special assessment against the lands named therein, and each tract of land therein included is hereby found to be benefited by the proposed improvement in the amount of the assessment levied against it. 2. Such assessment shall be payable in equal annual installments, extending over a period of ~ years, the first of the installments to be payable on or before the 1st Monday in January, 2011 and shall bear interest at a rate of 4.5 percent 0 per annum from the date of the adoption of this assessment resolution. 3. The owner of any property so assessed may, at any time prior to certification of the assessment or the first installment thereof to the county auditor, pay the whole of the assessment on such property, with interest accrued to the date of payment, to the municipal treasurer, except that no interest shall be charged if the entire assessment is paid within 30 days from the adoption thereof; and, except as hereinafter provided, the owner may at any time prior to November 15 of any year, prepay to the treasurer of the municipality having levied said assessments, the whole assessment remaining due with interest accrued to December 31 of the year in which said prepayment is made. MOTION seconded by Councilmember KniQht and adopted by the City Council at a reQular meeting this yth day of December , 2010, with Councilmembers Jacobson. KniQht. Gamache. Trude, Bukkila voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER 0 ATTEST: ~. \'~hlliDliaN-mvJ Mic elle Hartner - Deputy City Clerk - CITY OF ANDOVER 0 COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 097-10 MOTION by Councilmember Jacobson to adopt the following: A RESOLUTION ADOPTING THE AMENDED ASSESSMENT ROLL FOR THE IMPROVEMENT OF WATER MAIN IN THE FOLLOWING AREA OF 13607 CROOKED LAKE BOULEVARD NW, PROJECT 10-33. 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 ~ years, the first of the installments to be payable on or before the 1st Monday in January, 2011 and shall bear interest at a rate of 4.5 percent 0 per annum from the date of the adoption of this assessment resolution. 3. The owner of any property so assessed may, at any time prior to certification of the assessment or the first installment thereof to the county auditor, pay the whole of the assessment on such property, with interest accrued to the date of payment, to the municipal treasurer, except that no interest shall be charged if the entire assessment is paid within 30 days from the adoption thereof; and, except as hereinafter provided, the owner may at any time prior to November 15 of any year, prepay to the treasurer of the municipality having levied said assessments, the whole assessment remaining due with interest accrued to December 31 of the year in which said prepayment is made. MOTION seconded by Councilmember Kniqht and adopted by the City Council at a reqular meeting this ih day of December , 2010 , with Councilmembers . Jacobson. Kniqht. Gamache. Trude. Bukkila voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. 0 ATTEST: i. ~ciI(M+vt.uJ . Mi helle Hartner - Deputy City Clerk CITY OF ANDOVER 0 COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 096-10 MOTION by Councilmember Jacobson to adopt the following: A RESOLUTION DECLARING ADEQUACY OF PETITION AND ORDERING AMENDED ASSESSMENT ROLL FOR WATER MAIN ,FOR PROJECT NO. 10-33 , IN THE AREA OF 13607 CROOKED LAKE BOULEVARD NW. WHEREAS, the City Council has received a petition, dated November 17 , 2010 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. 0 2. Escrow amount for feasibility report is 0 3. The proposed improvement is hereby referred to the Citv Enqineer and he is instructed to provide the City Council with a feasibility report. MOTION seconded by Councilmember Kniqht and adopted by the City Council at a reqular meeting this ~ day of December , 2010, with Council members , Jacobson, Kniqht. Gamache, Trude, Bukkila voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: ~c1)0A~ 0 Mi helle Hartner - Deputy City Clerk 0 EXTRACT OF MINUTES OF A MEETING OF THE CITY COUNCIL OF THE CITY OF ANDOVER, MINNESOTA HELD: November 16,2010 Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Andover, Anoka County, Minnesota, was duly held at City Hall on November 16, 2010, at 7:00 p.m. for the purpose, in part, of authorizing the call of certain outstanding General Obligation Tax Increment Refunding Bonds, Series 2004B. The following members were present: Gamache, Bukkila, Jacobson, Knight, Trude and the following were absent: None Member Knight introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING THE CALL OF THE OUTSTANDING GENERAL OBLIGATION TAX INCREMENT REFUNDING BONDS, SERIES 2004B <:> RESOLUTION R095-1O WHEREAS, by Resolution duly adopted on February 17,2004 (the "Resolution"), the City issued $4,260,000 original principal amount of General Obligation Tax Increment Refunding Bonds, Series 2004B, dated March 16, 2004 (the "Bonds"). The City has sufficient funds on hand in the debt service account of the General Obligation Tax Increment Refunding Bonds, Series 2004B Fund (the "2004B Fund") to call the remaining $1,170,000 outstanding principal amount of the February 1,2012 and 2013 maturities ofthe Bonds on February 1, 2011, at a price of par plus accrued interest. NOW, THEREFORE, be it resolved by the City Council of the City of Andover, Minnesota, as follows: 1.01 The City Council hereby determines that there exists sufficient funds in the 2004B Fund to prepay on February 1,2011, $1,170,000 aggregate principal amount of Bonds maturing on February 1 ofthe years 2012 and 2013, and the interest due thereon. 1.02 U.S. Bank National Association, in St. Paul, Minnesota, the bank at which principal and interest on the Bonds are payable, is hereby authorized and directed to cause the Notice of Call for Redemption attached hereto as Exhibit A to be given in accordance with the provisions ofthe Resolution. 0 1.03 No further action shall be required of the City Council to complete prepayment of the Bonds. 297654IvI - 0 The motion for the adoption ofthe foregoing resolution was duly seconded by Member Trude , and upon vote being taken thereon, the following voted in favor thereof: Gamache, Jacobson, and Bukkila and the following voted against the same: None Whereupon the resolution was declared duly passed and adopted. Adopted on November 16,2010. i\Pproved:~~Mavor / Administrator 0 0 2 2976541vl 0 STATE OF MINNESOTA COUNTY OF ANOKA CITY OF ANDOVER I, the undersigned, being the duly qualified and acting City Administrator of the City of Andover, Minnesota, DO HEREBY CERTIFY that I have carefully 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 call of the outstanding General Obligation Tax Increment Refunding Bonds, Series 2004B. WITNESS my hand officially on November 16, . --- 0 0 3 2976541vl 0 EXHIBIT A NOTICE OF CALL FOR REDEMPTION GENERAL OBLIGATION TAX INCREMENT REFUNDING BONDS, SERIES 2004B CITY OF ANDOVER, ANOKA COUNTY, MINNESOTA NOTICE IS HEREBY GIVEN that by order of the City Council of the City of Andover, Anoka County, Minnesota, there have been called for redemption and prepayment on February 1,2011 those outstanding bonds ofthe City designated General Obligation Tax Increment Refunding Bonds, Series 2004B, dated March 16,2004, having stated maturity dates in the years 2012 and 2013 and totaling $1,170,000 in principal amount and having CUSIP numbers listed below: Year CUSIP Number* 2012 034313 WH5 2013 034313 WJ1 The bonds are being called at a price of par plus accrued interest to February 1, 2011, on which date all interest on the 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, 0 in St. Paul, Minnesota. Dated: November 16,2010. BY ORDER OF THE CITY COUNCIL CITY OF ANDOVER, MINNESOTA Isl ,Citv 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 ofthe holder. 0 A-I 2976541vl 0 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R094-10 MOTION by Councilmember Kniqht to adopt the following: A RESOLUTION INDICATING THAT MEMBERS OF THE ANDOVER CITY COUNCIL ARE INCLUDED IN THE CITY'S WORKERS' COMPENSATION COVERAGE. WHEREAS, the City of Andover desires to provide workers compensation coverage for its elected officials; and WHEREAS, in order to provide coverage, the City Council needs to adopt a formal resolution to indicate their action. NOW, THEREFORE BE IT RESOLVED by the City Council, that pursuant to MN Statute 176.011, subd. 9, clause 6, the Minnesota Workers' Compensation Act, that members of the Andover City Council are included in the city's workers' compensation coverage. 0 MOTION seconded by Councilmember Bukkila and adopted by the City Council at a regular meeting this 16th day of November 2010, with Councilmembers Gamache, Jacobson and Trude voting in favor of the resolution, and Councilmembers None voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: ~- 1m cjJOA~ MI elle Hartner - Deputy City Clerk 0 0 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R093-10 MOTION by Councilmember Kniqht to adopt the following: A RESOLUTION RELATING TO FINANCING OF CERTAIN PROPOSED PROJECTS TO BE UNDERTAKEN BY THE CITY OF ANDOVER ESTABLISHING COMPLIANCE WITH REIMBURSEMENT BOND REGULATIONS UNDER THE INTERNAL REVENUE CODE. WHEREAS, the Internal Revenue Service has issued Section 1.103-18 of the Income Tax Regulations (the "Regulations") dealing with the issuance of bonds, all or a portion of the proceeds of which are to be used to reimburse the City for project expenditures made by the City prior to the time of the issuance of the bonds; and WHEREAS, the Regulations generally require that the City make a prior declaration of its official intent to reimburse itself for such prior expenditures out of the proceeds of a subsequently issued borrowing, that the borrowing occur and the reimbursement allocation be made from the proceeds of such borrowing within one year of the payment of the expenditure or, if longer, within one year of the date the project is placed in service, and that the expenditure be a capital expenditure; and WHEREAS, the City desires to comply with requirements of the Regulations with respect to o certain projects hereinafter identified; NOW THEREFORE BE IT RESOLVED that the City of Andover, Minnesota adopts a "declaration of official intent" pursuant to Section 1.103-18 of the Regulations. 1. Official Intent Declaration (a) The City proposes to undertake the fOllowing projects described on Exhibit A attached hereto. (b) Other than (i) expenditures to be paid or reimbursed from sources other than a borrowing or (ii) expenditures permitted to be reimbursed pursuant to the transition provision of Section 1.103-18(1)(2) of the Regulations or (iii) expenditures constituting preliminary expenditures as defined in Section 1.103(1 )(2) of the Regulations, no expenditures for the foregoing projects as identified on Exhibit A have heretofore been made by the City and no expenditures will be made by the City until after the date of this Resolution. (c) The City reasonably expects to reimburse the City expenditures made for costs of designated projects out of the proceeds of debt (the "Bonds") to be incurred by the City after the date of payment of all or a portion of the costs. All reimbursed expenditures shall be capital expenditures as defined in Section 1.150-1 (h) of the Regulations. (d) This declaration is a declaration of official intent adopted pursuant to Section 1.103-18 0 of the Regulations. 2. Budqetarv Matters. As of the date hereof, there are no City funds reserved, allocated on a long-term basis or otherwise, set aside (or reasonably expected to be reserved, allocated on a long-term bases or otherwise set aside) to provide permanent financing for the expenditures related to the projects, other than pursuant to the issuance of the Bonds. This resolution, 0 therefore, is determined to be consistent with the City's budgetary and financial circumstances as they exist or are reasonably foreseeable on the date hereof, all within the meaning and content of the Regulations. 3. Filinq. This resolution shall be filed within 30 days of its adoption in the publicly available official books and records of the City. This resolution shall be available for inspection at the office of the City Clerk at the City Hall (which is the main administrative office of the City) during normal business hours of the City on every business day until the date of issuance of the Bonds. 4. Reimbursement Allocations. The City's financial officer shall be responsible for making the "reimbursement allocations" described in the Regulations, being generally the transfer of the appropriate amount of proceeds of the Bonds to reimburse the source of temporary financing used by the City to make payment of the prior costs of the projects. Each allocation shall be evidenced by an entry on the official books and records of the City maintained for the Bonds, shall specifically identify the actual prior expenditure being reimbursed or, in the case reimbursement of a fund or account in accordance with Section 1.103-18, the fund or account from which the expenditure was paid, and shall be effective to relieve the proceeds of the Bonds from any restriction under the bond resolution or other relevant legal documents for the Bonds, and under any applicable state statute, which would apply to the unspent proceeds of the Bonds. MOTION seconded by Councilmember Bukkila and adopted by the City Council of the City of Andover on this 16th day of November with Councilmembers Gamache, Jacobson and Trude voting in favor of the 0 resolution, and Councilmembers none voting against, whereupon said resolution was passed. CITY OF ANDOVER ATTEST: ~- 1f' J 10 0 0; c1I OJ\%/VV Mic elle Hartner - Deputy City Clerk 0 CITY OF ANDOVER 0 COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 092-10 MOTION by Councilmember KniQht to adopt the following: A RESOLUTION DECLARING COST AND DIRECTING PREPARATION OF ASSESSMENT ROLL FOR THE IMPROVEMENT OF SANITARY SEWER & WATER MAIN , FOR PROJECT 10-31, 1718 ANDOVER 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 $13,233.66 so that the total cost of the improvement willbe$ 13.233.66 . 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 $ 13.233.66 2. Assessments shall be payable in equal annual installments extending over a period of ~ years. The first of the installments to be payable on or before the 1st Monday in January 2011 , and shall bear interest at the rate of 0 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 Bukkila and adopted by the City Council at a reQular meeting this 16th day of November ,2010, with Councilmembers KniQht. Bukkila. Gamache, Trude. Jacobson voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: 0 , ~lillLlcJfti/)~ Mic elle Hartner -: Deputy City Clerk CITY OF ANDOVER 0 COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 091-10 MOTION by Councilmember Kniqht to adopt the following: A RESOLUTION DECLARING COST AND DIRECTING PREPARATION OF ASSESSMENT ROLL FOR THE IMPROVEMENT OF WATER MAIN , FOR PROJECT 10-29, 2619-2623 _138TH AVENUE NW. THE CITY COUNCIL OF THE CITY OF ANDOVER HEREBY RESOLVES: WHEREAS, the expenses incurred or to be incurred in the making of such improvement amount to $8,265.90 so that the total cost of the improvement will be$ 8,265.90. 1. NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Andover, MN: The portion of the cost of such improvement to be paid by the City is hereby declared to be $ 0.00 the amount to be assessed against benefited property owners is declared to be $ 8,265.90 2. Assessments shall be payable in equal annual installments extending over a period of -.1Q... years. The first of the installments to be payable on or before the 1st Monday in January 2011 , and shall bear interest at the rate of 0 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 Bukkila and adopted by the City Council at a reqular meeting this 16th day of November ,2010, with Councilmembers Kniqht. Bukkila, Gamache, Trude, Jacobson voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: 0 \~ dl1 ~ " .' .It W \ ~ ~ Mi helle Hartner - Deputy City Clerk CITY OF ANDOVER COUNTY OF ANOKA 0 STATE OF MINNESOTA RES. NO. 090-10 MOTION by Councilmember Kniqht to adopt the following: A RESOLUTION ORDERING PREPARATION OF A FEASIBILITY REPORTS FOR THE IMPROVEMENT OF 2011 STREET RECONSTRUCTION PROJECTS 11-02a (FLlNTWOOD STREET NW), 11-02b (GENTHON PONDS), 11-02c (ROLLING FOREST) & 11-02d (EASTBROOK TERRACE & AUD. SUB. 137). WHEREAS, the City Council of the City of Andover is cognizant of the need for the improvements, specifically Projects 11-02a, 11-02b, 11-02c & 11-02d; 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. 0 2. The proposed improvement is hereby referred to the Director of Public Works/Citv Enqineer and he is instructed to provide the City Council with a feasibility reports. MOTION seconded by Councilmember Bukkila and adopted by the City Council at a reqular meeting this 16th day of November , 2010 , with Councilmembers Kniqht, Bukkila, Gamache. Trude, Jacobson voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: ~p~ciJ~ 0 i helle Hartner - Deputy City Clerk ~ I 0 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R089-IO 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 MISCELLANEOUS ABATEMENT 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 miscellaneous abatement 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 0 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 ofthe assessment levied against it. 2. Such assessment shall be payable in one annual installment on or before the first Monday of January, 2011 and shall bear interest at the rate of8 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 amount 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 12, 2010. Adopted by the City Council of the City of Andover on this 3rd day of November, 2010. CITY OF ANDOVER ATTEST: ~~iO~QLM(V1~ Mi helle Hartner - Deputy CIty Clerk 0 0 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RESOLUTION NO.R088-1 0 A RESOLUTION CANVASSING THE RETURNS OF THE MUNICIPAL ELECTION HELD ON THE 2ND DAY OF NOVEMBER, 2010 IN THE CITY OF ANDOVER, ANOKA COUNTY, MINNESOTA. The Municipal Election was held in and for the City of Andover on the 2nd day of November, 2010 and was in all respects duly and legally canvassed; and the votes received for each candidate are shown on the attached. The following are hereby declared and certified as those elected: Mayor - Mike Gamache (2-year term) Councilmembers - Don Jacobson and Julie Trude (4-year terms) 0 BE IT FURTHER RESOLVED that no irregularities were noted. The summary ofthe voter results is hereby attached and made part ofthis resolution. Adopted by the City Council ofthe City of Andover this 8th, day of November, 2010. CITY OF ANDOVER Attest: ~J.~fl}A ctI~~ Michelle Hartner - Deputy City Clerk 0 0 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 087-10 MOTION by Councilmember Jacobson to adopt the following: A RESOLUTION ApPROVING CHANGE ORDER ttLTO PROJECT NO. 10-12. PUBLIC WORKS SALT STORAGE FACILITY. WHEREAS, the City of Andover has a contract for Project No. 10-12, Public Works Salt Storaqe Facilitv. with Grevstone Construction Co. of Shakopee"MN . NOW THEREFORE, BE IT RESOLVED by the City Council of Andover to hereby approve the change order to Project No. 10-12. Adopted by the City Council of the City of Andover this 3rd day of 0 November , 2010. CITY OF ANDOVER ATTEST: ~Lfv (I ; lliLLf.DA~ i elle Hartner - Deputy City Clerk 0 CITY OF ANDOVER 0 COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 086-10 MOTION by Councilmember Jacobson to adopt the following: A RESOLUTION ACCEPTING FEASIBILITY STUDY AND WAIVING PUBLIC HEARING FOR THE IMPROVEMENT OF PROJECT NO. 10-31 FOR SAMITARY SEWER & WATER MAIN IN THE FOllOWING AREA OF 1718 ANDOVER BOULEVARD NW. WHEREAS, the City Council did on the L day of November, 2010 order the preparation of a feasibility study for the improvement; and WHEREAS, such feasibility study was prepared by City Enqineer and presented to the Council on the 3rd day of November ,2010 ; and WHEREAS, the property owners have waived the right to a Public Hearing; and WHEREAS, the City Council has reviewed the feasibility study and declares 0 the improvement feasible, for an estimated cost of $ 13.233.66. NOW, THEREFORE, BE IT RESOLVED by the City Council ofthe City of Andover to hereby receive the feasibility report with an estimated total cost of improvements of $ 13.233.66, waives the Public Hearing and order improvements. MOTION seconded by Councilmember Kniqht and adopted by the City Council at a reqular meeting this 3rd day of November ,2010, with Council members Jacobson. Kniqht. 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 - 0 ~ l 0 (U c0J LlA+-n M---1 Mi helle Hartner - Deputy City Clerk CITY OF ANDOVER 0 COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 085-10 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 SANITAYR SEWER & WATER MAIN ,FOR PROJECT NO. 10-31 , IN THE AREA OF 1718 ANDOVER BOULEVARD NW. WHEREAS, the City Council has received a petition, dated October 20, 2010 requesting the construction of improvements; and WHEREAS, such petition has been validated to represent the signatures of 100% of the affected property owners requesting such improvement. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover that: 1. The petition is hereby declared to be 100% of owners of property affected, 0 thereby making the petition unanimous. 2. Escrow amount for feasibility report is 0 3. The proposed improvement is hereby referred to the Citv Enqineer and he is instructed to provide the City Council with a feasibility report. MOTION seconded by Councilmember Kniqht and adopted by the City Council at a reqular meeting this ~ day of November , 2010, with Council members Jacobson. Kniqht. Gamache. Trude. Bukkila voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: 0 ~. l1Jj lID Di){1)~ Mic elle Hartner - Deputy City Clerk CITY OF ANDOVER 0 COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 084-10 MOTION by Councilmember Jacobson to adopt the following: A RESOLUTION ACCEPTING FEASIBILITY STUDY AND WAIVING PUBLIC HEARING FOR THE IMPROVEMENT OF PROJECT NO. 10-29 FOR WATER MAIN IN THE FOllOWING AREA OF 2619-2623 138TH AVENUE NW. WHEREAS, the City Council did on the 21st day of September, 2010 order the preparation of a feasibility study for the improvement; and WHEREAS, such feasibility study was prepared by Citv Enqineer and presented to the Council on the 3rd day of November ,2010 ; 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 $ 8.265.90 . C 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 $ 8.265.90 ,waives the Public Hearing and order improvements. MOTION seconded by Councilmember Kniqht and adopted by the City Council at a reqular meeting this 3rd day of November ,2010, with Councilmembers Jacobson, Kniqht. Gamache. Trude. Bukkila voting in favor of the resolution, and Councilmembers none - voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: 0 ~jj11J' lli 0-U 1V,~..l MI helle Hartner - Deputy City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA 0 RES. NO R083-IO A RESOLUTION ADOPTING THE CITY OF ANDOVER 2011-2015 CAPITAL IMPROVEMENT PLAN. WHEREAS, the preparation and adoption of capital improvement plans is recognized as sound fmancial 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 2011-2015 City of Andover Capital hnprovement Plan. Adopted by the City of Andover this 19th day of October 2010. CITY OF ANDOVER />~&. ~L --- 'chae1 R. Gamache - Mayor ... 0 0 0 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. R083-10 adopting the City of Andover 2011-2015 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 19th da of Octo be 0 0 CITY OF ANDOVER COUNTY OF ANOKA 0 STATE OF MINNESOTA RES. NO. 082-10 MOTION by Councilmember Jacobson to adopt the following: A RESOLUTION ADOPTING THE ASSESSMENT ROLL FOR THE IMPROVEMENT OF PROJECT NO. 10-2 , 2010 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, 2011 and shall bear interest at a rate of 4.5 percent per annum 0 from the date of the adoption of this assessment resolution. 3. The owners of any property so assessed may, at any time prior to certification of the assessment to the County Auditor, pay the whole of the assessment on such property with interest accrued to the date of payment to the City Treasurer. MOTION seconded by Councilmember Trude and adopted by the City Council at a reqular meeting this 19th day of October ,2010 ,with Councilmembers Jacobson. Trude, Kniqht. Gamache. Bukkila voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: ~qPd~ Michael R. G ache - Mayor ~nlhcM~ 0 Michelle Hartner - Deputy City Clerk 0 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R081-10 A RESOLUTION EXTENDING THE NORTHWEST ANOKA COUNTY COMMUNITY CONSORTIUM JOINT POWERS AGREEMENT WHEREAS, the Andover City Council approved ajoint 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 current agreement will expire on December 31, 2010; 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, 2012. 0 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 19th day of October 2010. CITY OF ANDOVER ATTEST: - ~11 011[,if();r-fn€/\ j Mi helle Hartner - Deputy CIty Clerk 0 ~ " CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA 0 RES. NO. R080-IO 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 MISCELLANEOUS ABATEMENT FEES THE CITY COUNCIL OF THE CITY OF ANDOVER HEREBY RESOLVES: WHEREAS, delinquent utility service charges, mowing fees, tree removal, false alarm fines and miscellaneous abatement fees in the amount of $70,078.28 exist as of September 28, 2010; and WHEREAS, City Code Chapter 3, IO-3-3D; City Code Chapter 1, IO-I-9F; and City Code Chapter 5, 8-5-3D provide for the collection by assessment of unpaid water, sewer, storm sewer, street light service charges, mowing fees, tree removal, false alarm fines and miscellaneous abatement 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 0 be $70,078.28 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 2011, 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 3th day of November, 2010 at the Andover City Hall at 7:00 P.M. to pass upon such proposed assessment and at such time and place all persons affected by such proposed assessment will be given an opportunity to be heard with reference to such assessment. 2. The City Clerk is hereby directed to cause a notice of hearing on the proposed 0 assessment to be published once in the official newspaper at least two weeks prior to the hearing. 3. The owner of any property so assessed may at any time prior to certification of the assessment to the County Auditor, pay the whole assessment with no interest. 0 MOTION seconded by Councilmember Trude and adopted by the City Council at a regular meeting this 5th day of October, 2010, with Councilmembers Gamache, Bukkila, Knight voting in favor of the resolution, and Councilmembers None voting against, whereupon said resolution was declared passed. ATTEST: t~c1I~<hu- MIchelle Hartner - Deputy City Clerk 0 0 --- -~ 0 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RESOLUTION NO. R079-IO A RESOLUTION APPOINTING mDGES TO SERVE AT THE NOVEMBER 2, 2010 GENERAL ELECTION IN THE CITY OF ANDOVER. WHEREAS, the City Council is required by State Statute to appoint election judges to serve at the November 2,2010 General Election. WHEREAS, the City Council will allow the City Clerk to appoint substitution election judges if necessary. NOW, THEREFORE, BE IT RESOLVED that the following are appointed to serve as election judges at the November 2, 2010 General Election. Precinct #1 - Hope Lutheran Church Gloria Young, Head Judge 0 Dean Arneson Donald Berg David Catherson Sharon Cramer Andy Lantos Michael Schilling Richard Snyder Donna Turnbom Barbara Tyler Gwen Vagle Precinct #2 - Grace Lutheran Church Gretchen Sabel, Head Judge Nancy Ahlberg Susan Christofferson Christine Deggendorf Frances Gargano Joe Holloway Lisa Jagerson Joann Koechler Jerry Lapham 0 Skip Larson Marie Romo Pamela Schilling Precinct #3 - Riverdale Assembly of God Church Phyllis Kieffer, Head Judge - -------.--------- , 0 Elaine Boos Carole Hibbard Margaret Kennedy John King Sue McBride Barbara Peters Christine Schonning Michael St. John Leon Tibbon Precinct #4 - Crooked Lake Elementary School Kelly Danzl, Head Judge John Catherson Leatrice Cooper Stan Graf Bonnie Lapham Ginger Nelson Carol PaW Marlene Schaefer Judy Thorson Liliya Ustimchuk 0 Michelle Winship Precinct #5 - Meadow Creek Church Luther ROllo, Head Judge Carroll Abbott Don Ahlberg Barbara Collette John Hibbard J an Klinsing Pat Larson Joellyn Soler Peter U stimchuk Terry VanNote Precinct #6 - Bunker Hills Activitv Center Carol Murschel, Head Judge Susan Beal Janice Fuerst Dan Frost Angie Janowiec 0 Dan Lehrer Judy Lestina Sandy Roslin Marian Smith Barb Taylor 0 Precinct #7 - Andover Community Center Lois Spadgenske, Head Judge Shirley Beam Zachary Goodrich Kim Halberg Richard Lindmark, Jr. Pat Lindquist Pat Maltzen Larry Mueller Norman Myhre Lisa Nicoski Nancy Posl Cheryl Schultz Mary Sullivan John Wolf Precinct #8 - Andover Christian Church 0 Marie Bourque, Head Judge Corrine Buffham Julie Haugen Michele Koester Bruce Maltzen Linda Mazzuco Denise McNeff Mary Mead Amanda Nowack Tricia Shannon John Stong Patricia Wenberg Precinct #9 - Prairie Oak Community Church Gary Homing, Head Judge Barry Cenaiko Bruce Crane Susan Fanucci Barbara Humphreys Dolores Jeska Peggy Kuntz Rana Mattson 0 Gerald T. Nelson William Obedoza Lucy Schalwig 0 Precinct # 10 - Andover Elementary School Nicole Mason, Head Judge Esther Amborn James Anderson Sheila Bauer Kimberly Capistrant-Schalo Stan Deden Lois Koblitz Linda Nelson Mike Roslin Todd Spanier Diane Terebenet Adopted by the City Council of the City of Andover this 5~day of October, 2010. Attest: CITY OF ANDOVER 0 ~~~~ M chelle Hartner-Deputy City Clerk 0 0 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R078-IO A RESOLUTION APPROVING THE CONDITIONAL USE PERMIT REQUEST FOR A 120 FOOT TALL TELECOMMUNICATIONS TOWER AND ANTENNA ARRAY FOR CLEAR WIRELESS ON PROPERTY LEGALLY DESCRIBED AS LOT 3, BLOCK 1, ANDOVER STATION NORTH, ANOKA COUNTY, MINNESOTA. WHEREAS, Clear Wireless has requested a conditional use permit to install a Telecommunications tower and antenna array 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; 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 0 Permit for a telecommunications tower and antenna array, subject to the following conditions: 1) Clear Wireless shall execute a lease agreement with the City of Andover prior to commencing construction on the site. 2) The project shall conform to the plan set stamped received by the City of Andover August 27,2010, except as follows: a. The applicant shall comply with the comments in the Engineering Department memorandum dated September 7, 2010. b. The applicant shall provide a shrubs outside the fence to screen the ground mounted equipment. 3) Clear Wireless shall be responsible to replace the lighting array to conform with ball field lighting standards at an equal or better standard than presently exists. 4) Clear Wireless shall be responsible for removing the existing ball field pole from the site once the ball field lights have been moved to the new tower. 5) Clear Wireless shall be responsible for restoration of any areas disturbed during construction, including irrigation, to an equal or better standard than presently exists. 6) The Conditional Use Permit shall be subject to a sunset clause as defined in City Code 12-14-6. Adopted by the City Council of the City of Andover on this 21st day of September, 2010 CITY OF ANDOVER 0 CITY OF ANDOVER 0 COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 077-10 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. 10-29 , IN THE AREA OF 2619-2623 - 138th AVENUE NW. WHEREAS, the City Council has received a petition, dated September 10, 2010 requesting the construction of improvements; and WHEREAS, such petition has been validated to represent the signatures of 100% of the affected property owners requesting such improvement. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover that: 1. The petition is hereby declared to be 100% of owners of property affected, 0 thereby making the petition unanimous. 2. Escrow amount for feasibility report is 0 3. The proposed improvement is hereby referred to the City Enqineer and he is instructed to provide the City Council with a feasibility report. MOTION seconded by Councilmember Trude and adopted by the City Council at a reqular meeting this 21st day of September , 2010, with Councilmembers Jacobson. Trude, Kniqht, Gamache, Bukkila voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: 0 CITY OF ANDOVER 0 COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 076-10 MOTION by Councilmember Jacobson to adopt the following: A RESOLUTION FOR PUBLIC HEARING ON PROPOSED ASSESSMENT FOR PROJECT NO. 10-2,2010 STREET RECONSTRUCTION. WHEREAS, by a resolution passed by the City Council on September 7.2010, the City Clerk was directed to prepare a proposed assessment of the cost of the improvement for Project No. 10-2 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 19th day of October , 2010 , in the City Hall at 7:00 PM to pass upon such proposed assessment and at such time and 0 place all persons owning property affected by such improvements will be given an opportunity to be heard with reference to such assessment. 2. The City Clerk is hereby directed to cause a notice of the hearing on the proposed assessment to be published once in the official newspaper at least two weeks prior to the hearing, and she shall state in the notice the total cost of improvement. She shall also cause mailed notice to be given to the owner of each parcel described in the assessment roll not less than two weeks prior to the hearings. MOTION seconded by Councilmember Trude and adopted by the City Council at a reqular meeting this 21st day of September , 2010 , with Councilmembers Jacobson. Trude. Kniqht. Gamache. Bukkila voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: 0 ~lfud{cwyw\ Mic elle Hartner - Deputy City Clerk - CITY OF ANDOVER COUNTY OF ANOKA 0 STATE OF MINNESOTA RES. NO. 075-10 MOTION by Councilmember Jacobson to adopt the following: A RESOLUTION ADOPTING THE ASSESSMENT ROLL FOR THE IMPROVEMENT OF PROJECT NO. 09-22, BUNKER LAKE BOULEVARD NW FRONTAGE ROAD/JAY STREET ALIGNMENT. WHEREAS, the property owner has waived their right to a public hearing. NOW, THEREFORE, BE IT RESOLVED BYTHE CITY COUNCIL OF ANDOVER, MINNESOTA: 1. Such proposed assessment, a copy of which is attached hereto and made part hereof, is hereby accepted and shall constitute the special assessment against the lands named therein, and each tract of land therein included is hereby found to be benefited by the proposed improvement in the amount of the assessment levied against it. 2. Such assessment shall be payable in equal annual installments, extending over a period of L years, the first of the installments to be payable on or before the 1 st Monday in January, 2011 and shall bear interest at a rate of 4.5 percent per annum from the date of the adoption of this assessment resolution. 0 3. The owner of any property so assessed may, at any time prior to certification of the assessment or the first installment thereof to the county auditor, pay the whole of the assessment on such property, with interest accrued to the date of payment, to the municipal treasurer, except that no interest shall be charged if the entire assessment is paid within 30 days from the adoption thereof; and, except as hereinafter provided, the owner may at any time prior to November 15 of any year, prepay to the treasurer of the municipality having levied said assessments, the whole assessment remaining due with interest accrued to December 31 of the year in which said prepayment is made. MOTION seconded by Councilmember Trude and adopted by the City Council at a reqular meeting this 21st day of September ,2010, with Councilmembers Jacobson, Trude, Kniqht Gamache, Bukkila voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: C ~ilJr/ftl/r~ Mi helle Hartner - Deputy City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA 0 RES. NO. R074-1O A RESOLUTION UPDATING CERTIFIED BONDED INDEBTEDNESS FOR 2011. 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 2011; 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 2011 as listed on Attachment A. Adopted by the City of Andover this 7th day of September 2010. CITY OF ANDOVER ~ 0 STATE OF MINNESOTA) OCOUNTY 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. R074-10 adopting the City of Andover updates of all or a portion of previously certified bonded indebtedness levies for 2011 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 0 0 Attachment A CITY OF ANDOVER 0 2011 Proposed Levy Certification Debt Changes County Levy City Levy Levy GENERAL OBLIGATION DEBT Scheduled Scheduled Changes Variance Explanation 56 2004A GO Capital Improvement Bonds 393,900 412,320 (18,420) Meet bona fide debt service requirements 58 2005A GO Improvement Bonds 579,000 579,000 Paid for by assessments 6 I 2006A GO PIR Bonds 135,793 135,793 Paid for by assessments 65 2008A GO Equipment Certificate 180,400 188,972 (8,572) Meet bona fide debt service requirements 66A 2009A GO Equipment Certificate 139,571 142,783 (3,212) Meet bona fide debt service requirements 67B 20 lOA GO Open Space Bonds 185,393 139,179 46,214 Reduced because of prior years levies 2004 EDA Public Facility Lease Rev 960,858 (960,858) Lease revenue payment per pledge agreement GO Equipment Certificate 85,000 (85,000) New issuance Total $ 1,614,057 $ 1,929,112 $ (315,055) 0 0 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA 0 RES. NO. R073-10 A RESOLUTION ADOPTING THE CITY OF ANDOVER 2011 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 [mancial support from its residents through the payment ofpropeliytaxes;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 15,2010. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Andover hereby adopts the proposed 2011 propeliy tax levy totaling $10,856,299 as listed on Attachment A. Adopted by the City of Andover this 7th day of September 2010. CITY OF ANDOVER ......... 0 0 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. R073-10 adopting the 2011 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 h 0 0 CITY OF ANDOVER, MINNESOTA Attachment A 2011 Property Tax Levy 0 2011 Proposed Levy General Fund Levy $ 7,500,802 Debt Service Funds Levy 2004A G.O. Capital Improvement Bonds 412,320 2004 EDA Public Facility Revenue Bonds 960,858 2008A G.O. Equipment Certificate 188,972 2009A G.O. Open Space Bonds 139,179 2009A G.O. Equipment Certificate 142,783 2011 G.O. Equipment Certificate 85,000 Total Debt Service 1,929,112 Other Levies Capital Projects Levy Capital EquipmentJProject 210,000 0 Parks Projects 61,500 Road & Bridge 1,064,959 Pedestrian Trail Maintenance 54,926 Lower Rum River Watershed 35,000 Gross City Levy $ 10,856,299 Q CITY OF ANDOVER 0 COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R072-IO A RESOLUTION APPROVING THE CONDITIONAL USE PERMIT REQUEST FOR PARKlNG EXPANSION FOR 7TH DAY ADVENTIST CHURCH LOCATED AT 15036 ROUND LAKE BOULEVARD AND 3200 I52ND LANE NW LEGALLY DESCRIBED ON . EXIDBIT A WHEREAS, the 7th Day Adventist Church has requested a conditional use permit to expand the parking area 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 fmds the request would not have a detrimental effect on the health, safety, and general welfare ofthe City of Andover and recommends to the City Council approval ofthe Conditional Use Permit request; NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover has received the recommendation ofthe Planning Commission and approves the Conditional Use Permit to expand the parking area on the subject property, subject to the following conditions: 0 1) The plan set shall conform to the drawing stamped received by the City of Andover August 17,2010, except as follows: a. The applicant shall provide a lighting plan and details to conform with City Code 12-13-7 and City Code 12-13-8. b. The applicant shall provide screening of the parking area from Round Lake Boulevard to a minimum height of three feet. c. The applicant shall provide a trash enclosure to conform with City Code 12-13-6 at a location on the west side of the parking area. d. The applicant shall obtain a sign permit from the city for the proposed new sign. e. The applicant shall obtain a demolition permit from the city for removal of the accessory buildings. f. The plan set shall be revised to conform to the Engineering Department comments dated August 26, 2010. 2) The applicant shall obtain permits from the Coon Creek Watershed Management District and Anoka County Highway Department. 3) The applicant shall obtain a demolition permit from the city for removal ofthe accessory buildings. 4) The applicant shall obtain a permit from the Minnesota Department of Health to cap the existing well and to construct a new well on the subject property. 5) The Conditional Use Permit shall be subject to a sunset clause as defined in City Code 12-14-6. Adopted by the City Council of the City of Andover on this ih day of September, 2010 0 CITY OF ANDOVER \ ATTEST: '~U'-'{i,J iifi!Ci'~ Michelle Hartner, Deputy City Clerk Ii 0 Resolution R072-I 0 Exhibit A Conditional Use Permit 7th Day Adventist Church Legal Description LOT 9, BLOCK 12 LAKERIDGE, TOGETHER WITH THAT PART OF GOVERNMENT LOT 4 SECTION 20 TOWNSHIP 32 RANGE 24 DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON EAST LINE OF SAID SECTION 940.50 FEET, (57 RODS) NORTH OF THE SOUTHEAST CORNER OF SAID SECTION, THENCE NORTH ALONG SAID EAST LINE 300 FT, THENCE WEST AT A RIGHT ANGLE TO SAID EAST LINE TO THE SHORE LINE OF ROUND LAKE, THENCE SOUTHEASTERLY ALONG SAID SHORE LINE TO INTERSECT WITH A LINE EXTENDING WEST FROM THE POINT OF BEGINNING, THENCE EAST ALONG SAID INTERSECTING LINE TO THE POINT OF BEGINNING, EXCEPT ROAD, SUBJECT TO EASEMENTS OF RECORD 0 0 CITY OF ANDOVER COUNTY OF ANOKA 0 STATE OF MINNESOTA RES. NO R07I-IO A RESOLUTION GRANTING THE VACATION OF DRAINAGE AND UTILITY EASEMENTS WITHIN WOODLAND ESTATES THIRD ADDITION ON LOTS 1, lA, 2 AND 2A, BLOCK 2 LEGALLY DESCRIBED AS FOLLOWS: DRAINAGE AND UTILITY EASEMENT VACATION DESCRIPTION: That drainage and utility easement lying 5.00 feet northwesterly and southeasterly of the common line between Lots 1 and 2, and lying 5.00 feet northwesterly and southeasterly of the common line between Lots IA and 2A, Block 2, WOODLAND ESTATES THIRD ADDITION, Anoka County, Minnesota according to the recorded plat thereof, which lies southwesterly of the northeasterly 10.00 feet of said Lots 1 and 2, and lies northeasterly of the southwesterly 10.00 feet of said Lots IA and 2A. WHEREAS, the applicant has requested to vacate drainage and utility easements described above; and WHEREAS, the City Council finds the request would not have a detrimental effect upon the health, safety, moral, and general welfare of the City of Andover; and 0 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 the drainage and utility easement. Adopted by the City Council of the City of Andover on this 7th day of September, 2010 subject to the following: 1. The grading plan for the subj ect properties shall be modified by the applicant and approved by the Engineering Department as part of the building permit submittal. 2. The applicant shall combine the lots prior to a building permit being issued for construction of a new home across the common property line of the two lots. CITY OF ANDOVER ATTEST 0 ~cJlc~~ Michelle Hartner, Deputy City Clerk CITY OF ANDOVER COUNTY OF ANOKA 0 STATE OF MINNESOTA RES. NO. 070-10 MOTION by Councilmember Kniqht to adopt the following: A RESOLUTION DECLARING COSTS AND DIRECTING PREPARATION OF ASSESSMENT ROLL FOR THE IMPROVEMENT OF PROJECT NO. 10-02, 2010 STREET RECONSTRUCTION THE CITY COUNCIL OF THE CITY OF ANDOVER HEREBY RESOLVES: WHEREAS, the final construction costs for the improvement amount to $603,161.87, the expenses incurred or to be incurred in the making of such improvement amount to $165.436.35, so that the total project costs of the improvement are $768,598.22. 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 $576.448.66, and the amount to be assessed against benefited property owners is declared to be $192,149.56. 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 2011, and shall bear interest at the rate of 4.5 percent per 0 annum from the date of the adoption of the assessment resolution. 3. The City Clerk, with the assistance of the City Engineer shall forthwith calculate the proper amount to be specially assessed for such improvement against every assessable lot, piece or parcel of land within the district affected, without regard to cash valuation, as provided by law, and she shall file a copy of such proposed assessment in her office for public inspection. 4. The Clerk shall, upon the completion of such proposed assessment, notify the Council thereof. MOTION seconded by Councilmember Bukkila and adopted by the City Council at a reqular meeting this ylh day of September ,2010, with . Councilmembers Kniqht, Bukkila, Gamache, Trude, Jacobson voting in . favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: 0 I . ot{1 \. Il.~ /; ,," -h;~(LtLt.' Q/rfrlJ./\.. MI helle Hartner - Deputy City Clerk , CITY OF ANDOVER COUNTY OF ANOKA 0 STATE OF MINNESOTA RES. NO. 069-10 MOTION by Councilmember Kniqht to adopt the following: A RESOLUTION DECLARING COST AND DIRECTING PREPARATION OF ASSESSMENT ROLL FOR THE IMPROVEMENT OF PROJECT NO. 09-22. BUNKER LAKE BOULEVARD NW FRONTAGE ROAD/JAY STREET ALIGNMENT. THE CITY COUNCIL OF THE CITY OF ANDOVER HEREBY RESOLVES: WHEREAS, the final construction costs for the improvement amount to $158.681.92, the expenses incurred or to be incurred in the making of such improvement amount to $79.834.99 so that the total project cost of the improvement will be $238.516.91. 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 assessed to the Andover EDA is hereby declared to be $120.684.18, the amount to be assessed to Kwik Trip is hereby declared to be $85.374.05. and the amount to be assessed to Kottke's Bus Service Company is declared to be $32.458.68. 2. Assessments shall be payable in equal annual installments extending over a period of -1L years. The first of the installments to be payable on or before the 1 st 0 Monday in January 2011, 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 Bukkila and adopted by the City Council at a reqular meeting this y'h day of September, 2010, with Councilmembers Kniqht. Bukkila. Gamache, Trude. Jacobson voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: 0 "-fe.lj Lu.J.LLC----'j~ CI./lfn.i/\- ic elle Hartner - Deputy City Clerk 0 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 068-10 MOTION by Councilmember Kniqht to adopt the following: A RESOLUTION APPROVING CHANGE ORDER #2 TO PROJECT NO. 09-22, BUNKER LAKE BOULEVARD NW FRONTAGE ROAD/JAY STREET ALIGNMENT. WHEREAS, the City of Andover has a contract for Project No. 09-22, Bunker Lake Boulevard NW Frontaqe Road/Jay Street Realiqnment. with Rum River Contractinq, Inc of Princeton, MN. NOW THEREFORE, BE IT RESOLVED by the City Council of Andover to hereby approve the change order to Project No. 09-22. 0 Adopted by the City Council of the City of Andover this ih day of September , 2010. CITY OF ANDOVER ATTEST: 0 0 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO R067-IO A RESOLUTION RESCINDING THE CONDITIONAL USE PERMIT APPROVAL OF RESOLUTION ROI8-09 FOR VERIZON WIRELESS ON PROPERTY LEGALLY DESCRIBED AS LOT 3, BLOCK 1, ANDOVER STATION NORTH, ANOKA COUNTY, MINNESOTA. WHEREAS, the City Council approved Conditional Use Permit Resolution ROI8-09 on March 3, 2009; and WHEREAS, the approval was subject to City Code 12-14-6 which allows the Council to rescind approval if it determines that no significant progress has been made within the first year after the date of approval; and WHEREAS, the applicant has indicated that they have no interest in constructing the telecommunications tower authorized by Conditional Use Permit resolution ROI8-09; and NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover 0 hereby determines that no significant progress has been made toward completion of the telecommunications tower and rescinds the approval of Conditional Use Permit Resolution ROI8-09. Adopted by the City Council of the City of Andover on this 7th day of September, 2010. CITY OF ANDOVER ATTEST ~i~L'iLLLcJi~ MlChelle Hartner, Deputy City Clerk 0 0 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 066-10 MOTION by Council member Jacobson to adopt the following: A RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR THE iMPROVEMENT OF PROJECT NO. 09-18, HAWKRIDGE PARK RECONSTRUCTIONIWELL. WHEREAS, pursuant to advertisement for bids as set out in Council Resolution No. 054-10 ,dated July 6, 2010, bids were received, opened and tabulated according to law with results as follows: Contractor Bid Amount Bid Alternate Mark ,J. Traut Wells $143,185.00 $138,"745.00 Municipal Builders $153,345.00 $153,345.00 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby accept the bids as shown to indicate Mark J. Traut Wells as 0 being the apparent low bidder. BE IT FURTHER RESOLVED TO HEREBY direct the Mayor and City Clerk to enter into a contract with Mark J. Traut Wells in the amount of $138,745.00 (Bid Alternate) for construction of the improvements; and direct the City Clerk to return to all bidders the deposits made with their bids, except that the deposit of the successful bidder and the next two lowest bidders shall be retained until the contract has been executed and bond requirements met. MOTION seconded by Council member Kniqht and adopted by the City Council at a reqular meeting this 4th day of Auqust , 2010 , with Council members Jacobson, Kniqht. Gamache (absent), Trude, Bukkila voting in favor of the resolution, and Council members none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: ~ . hael R. G ache - Mayor 0 ~. I , J' Ji; ti'icJJf1.\'-hlVtJ I helle Hartner - Deputy City Clerk CITY OF ANDOVER 0 COUNTY OF ANOKA STATE OF MINNESOTA RES NO. R065-IO A RESOLUTION GRANTING A TWO YEAR TIME EXTENSION OF THE APPROVED FINAL PLAT FOR TIMBER TRAILS 2ND ADDITION WHEREAS, a final plat for Timber Trails 2nd 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 two year time extension to complete Timber Trails 2nd 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 0 by the original developer or entering into a new development agreement acceptable to the City Attorney. 3. Park dedication and trail fees shall be paid at the rate in effect at the time the plat is recorded with Anoka County. Adopted by the City Council ofthe City of Andover this 1 ill day of August, 2010. CITY OF ANDOVER ATTEST: ~ ~ c1Pb.--1t"N./\.. MIchelle Hartner, Deputy City Clerk 0 0 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 064-10 MOTION by Councilmernber Jacobson to adopt the following: A RESOLUTION APPROVING CHANGE ORDER ttL TO PROJECT NO. 10-04, 2010 SEAL COATING. WHEREAS, the City of Andover has a contract for Project No. 10-04. with Allied Blacktop Company of Maple Grove, MN. NOW THEREFORE, BE IT RESOLVED by the City Council of Andover to hereby approve the change order to Project No. 10-04. Adopted by the City Council of the City of Andover this. 4th day of 0 Auqust ,2010. CITY OF ANDOVER ATTEST: ~c'l/ft:~ . i elle Hartner - Deputy City Clerk 0 O CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R063-l0 A RESOLUTION APPROVING A COMMUNICATION SITE LICENSE AGREEMENT FOR CONSTRUCTING, OPERATING AND MAINTAININ A MONOPOLE TELECOMMUNICATIONS TOWER WITH CLEAR WIRELESS, LLC IN HIDDEN CREEK NORTH PARK WHEREAS, Clear Wireless, LLC has requested and was approved (Res. No. 012-10), subject to various conditions, a conditional use permit to install a wireless communication antenna array in Hidden Creek North Park, and; WHEREAS, the City Council placed a condition of approval that Clear Wireless LLC shall execute an agreement acceptable to the City of Andover prior to commencing construction on the site; WHEREAS, City Administration has negotiated a license agreement (Attachment A) with Clear Wireless LLC for space in Hidden Creek North Park for the purpose of constructing, operating and maintaining a monopole telecommunication tower, and; O WHEREAS, the City Attorney has reviewed and provided comments on the License Agreement; those comments have been inserted into the agreement, and; NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby approves the lease agreement (Attachment A) and directs the Mayor and City Clerk to sign and execute Attachment A, a Communication Site License Agreement with Clear Wireless LLC. Adopted by the City Council ofthe City of Andover on this 4th day of August, 2010 CITY OF ANDOVER ATTEST: ~b ", aM ~~ r " JILl ~n r~ Mi helle Hartner, Deputy City Clerk o O CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 062-10 MOTION by Council member Jacobson to adopt the following: A RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR THE IMPROVEMENT OF PROJECT NO. 10-12, PUBLIC WORKS SALT STORAGE FACILITY. WHEREAS, pursuant to advertisement for bids as set out in Council Resolution No. 046-10 , dated June 1, 2010, bids were received, opened and tabulated according to law with results as follows: Greystone Construction Company $114,864.00 Structural Buildings, Inc. $160,489.00 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby accept the bids as shown to indicate Greystone Construction Company as being the apparent low bidder. C BE IT FURTHER RESOLVED TO HEREBY direct the Mayor and City Clerk to enter into a contract with Greystone Construction Company in the amount of $114,864.00 for construction of the improvements; and direct the City Clerk to return to all bidders the deposits made with their bids, except that the deposit of the successful bidder and the next two lowest bidders shall be retained until the contract has been executed and bond requirements met. MOTION seconded by Council member Kniqht and adopted by the City Council at a reqular meeting this L day of Auqust , 2010 , with Council members Jacobson, Kniqht, Gamache (absent), Trude, Bukkila voting in favor of the resolution, and Council members none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: ~' M I; 1\." 1 . ~... (l;\W\..; o Mlc elle Hartner..:.. Deputy City Clerk 0 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO R06I-IO A RESOLUTION APPROVING THE PRELIMINARY PLAT OF "WOODLAND ESTATES FIFTH ADDITION" FOR WOODLAND DEVELOPMENT ON PROPERTY LOCATED IN SECTION 21, TOWNSHIP 32 RANGE 24 LEGALLY DESCRIBED ON EXHIBIT A: WHEREAS, the Andover Review Committee has reviewed the preliminary plat; and WHEREAS, pursuant to published and mailed notice thereof, the Planning Commission has conducted a public hearing on said plat, and; WHEREAS, the applicant has requested a variance to City Code 12-3-5 to reduce the front yard building setback to 25 feet for the proposed plat, and; WHEREAS, as a result of such public hearing, the Planning Commission recommends to the City Council the approval of the plat, and; WHEREAS, the City Council has received the recommendation of the Planning Commission, 0 and; WHEREAS, the City Council finds that the following conditions constitute an undue hardship for the subject property: 1. The topography of the site creates a finding for the variance due to the change in elevation across the subject property. By allowing a reduced front yard setback, the additional rear yard space can be used to transition the grade down into the subject property from the east and down to match the farm field elevation to the west. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby approves the preliminary plat subject to the following conditions: 1. Contingent upon approval of a Comprehensive Plan Amendment to change the land use designation from Agricultural to Single Family Urban Residential. Ifthis request fails to be approved, the preliminary plat shall be considered null and void. 2. Contingent upon the approval of the Rezoning of the property to R-4 Single Family Urban Resideritial. If this request fails to be approved, the preliminary plat shall be considered null and void. 0 3. The Preliminary Plat shall conform to the plan set stamped received by the City of Andover July 8, 2010. 4. The Grading and Tree Preservation Plans shall be modified to allow some ofthe existing trees to be saved in the southeast area of the site. 0 5. A variance to reduce the front yard building setback to 25 feet is approved. 6. Outlot A shall be combined with the adjacent residential lot to the north. 7. The developer obtains all necessary permits from the Coon Creek Watershed District, DNR, Corps of Engineers, LGU, MPCA, and any other agency that may be interested in the site. 8. Park dedication and trail fees shall be collected for each unit based on the rate in effect at the time of preliminary plat approval. 9. The developer shall be responsible for the cost of construction of all improvements proposed as a part of the preliminary plat. 10. Such plat approval is contingent upon a development agreement acceptable to the City Attorney. A financial guarantee will be required as a part of this agreement to assure all of the subdivision improvements will be completed. Adopted by the City Council of the City of Andover this 20th day of July, 2010. CITY OF ANDOVER ATTEST: 0 . Jt ~V~ M helle Hartner, Deputy City Clerk C . Exhibit A Woodland Estates 5th Addition Preliminary Plat Resollition 0 Prelitninary Plat , r' OJ .r' Woodland Estates Fifth Addition r' r' 3O'\" Woodland Develo ptnent PROPOSED PROPERlY DESC.RIPTION FOR WOODLAND ESTATES AFTH ADDIl10N O!JUo~ A and Outlot s, \'I90DLAND ESTATES THIRD ADDl110N, Anoka County, Minnesot,? AND Ou~I,?~ A and Outlot ~, WDODlA,ND ESTATES FOURTH ADDl1l0N, Anoko Coun~y~ Minnesota. AND Thot port of the Northeast Quarter of the Southeast QuartE!r of Section 21, Township 32, Range 24, Anoko County, Minnesota lying north of the south 671.11 feet thereof and also lying easterly of the folJo'?iing described line and its extensions:' . Commencing at the Northwest Corner of said WOODLAND ESTATES TI-lIRD ADDITION; thence North 04 degrees 02 minutes 29 seconds West, the north,lIne at sold WOODLAND ESTATES THIRD ADDITION is (lssu'med to beor South 89 degrees 38 minutes 19 seconds West a distance of 151.07 feet; thence South 84 degrees 11 minutes 42 seconds West a distance of 5.82 feet; 'thence North 38 degrees 23 minutes 51 second~' West (I distance of 70.95 feet; thence North 25 degrees 35 minutes 00 seconds West a distdnce of 83.24 feet; thence North 08 degrees 31 minutes 19 seconds West (] distance of 107.89 feet; thence North 09 degrees 19 minutes 26 seconds East (1 distance of 118.41 feet; thence North 18 degrees 19 minutes 59 seconds East a distance of 151.05 feet to the lntersection with tne north line of said Northeast Quarter of the Southeast Quarter ond said line there terminoting. AND ,That port of the Nort~ Half of the Northeast Quarter of the Southeast Quarter of Section 21, Township 32, Range 24, Anoka County, Minnesota, lying 33.00.feet northerly of line "A" ond , 30.00 feat easterly of L1n~ "8" ~nd Its extensions. Une "A" Is described os c~mmencing at the northeast co~ner of soid North Half of the Northeast Quarter of the Southeast Quarter; thence South 01 degrees 09 minutes 09 seconds West, assumed bearing o[ong the east Une of said North Half of the Northeast Quarter or the Southeast Quarter, 168.00 feet to the point of beginning of the line to be described; thence North 88 degrees 40 minutes 43 seconds West 42.55 feet; thencs.n!=>rthwesterlyolong 0 tangentlal.curve concave to the northeost 186.50 feet to a point hereInafter referred to as Point "A", said curve having a radIus of 300.00 feet and o.centrol angle of 35 degrees 37 minutes. DB seconds; thence continuing. along saId curve 42.12 feet, said continuation having a radius. of 300.00 feet and a central ongle of DB degrees 02. minutes 40 seconds; thence North 4S -degrees 00 minutes 55 seconds West 108.39 feet, more or less, to a point an the north line of sold North Half of the N~rtheast Quarter of the Southeast Quarter distant 327.75 feet west from the northeast corner thereof, and sold line there term[natlng. 0 Une -8" [s described os. beginning ot the above referred to Point "A"; thence North 27 degrees 59 minutes 38 seconds Eost 79,39 feet; thence northerly along a tangential curve concave to the west 38.37 feet, more' or 'Jess, to a point on the north Hne of soid North Half of" the Northeast Quarter of the Southeast Quarter distant 1"67.37 feet west from the northeast comer. ~her~of, sold curve hoving a rodius of 200.00 feet arid a central ong[e of 10 degrees 59 minutes 35 seconds, and soid line there terminoting 0 ;1 0 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R060-IO A RESOLUTION AMENDING THE COMPREHENSIVE LAND USE PLAN OF THE CITY OF ANDOVER TO CHANGE THE LAND USE DESIGNATION FROM AGRICULTURAL (A) TO URBAN RESIDENTIAL LOW DENSITY (URL) LEGALLY DESCRIBED ON EXHIBIT A WHEREAS, Woodland Development has petitioned the City of Andover to change the land use designation from Agricultural (A) to Urban Residential Low Density (URL), and; WHEREAS, the property was removed from the Agricultural Preserve Program on March 21, 2010 and is proposed to be developed with municipal sewer and water, and; WHEREAS, the property is within the Municipal Urban Service Area (MUSA), and; WHEREAS, analysis of the City's sanitary sewer and water trunk system has determined that sufficient capacity exists to serve the subject property, and; 0 WHEREAS, a public hearing was held pursuant to state statutes, and; WHEREAS, the Planning and Zoning Commission recommends to the City Council approval of the amendment as requested, and; WHEREAS, the Council finds the proposed use will not be detrimental to the health, safety, morals and general welfare of the occupants of the surrounding land, and; WHEREAS, The Council finds that times and conditions have changed with the inclusion of the property within the Municipal Urban Service Area (MUSA) as part of the 2008 Comprehensive Plan Update, arrival of municipal sewer and water to serve the subject property and removal of the subject property from the Agricultural Preserve Program on March 21,2010. NOW, THEREFORE, BE IT RESOLVED, that the City Council ofthe City of Andover has received the recommendation ofthe Planning and Zoning Commission and adopts the following amendment to the Comprehensive Plan, subject to approval by the Metropolitan Council: 1) Change the land use designation from Agricultural (A) to Urban Residential Low Density (URL) for the subject property described in this resolution. Adopted by the City Council of the City of Andover on this 20th day of July, 2010. 0 CITY OF ANDOVER ~~ ~E~'f: cJ/l JiutU< ~ Mi helle Hartner, Deputy City Clerk 0 Exhibit A Comprehensive Plan Amendment Resolution Woodland Estates 5th Addition Preliminary Plat 01 ~ .~ .Woodland Estates Fifth Addition ~ ~ 101" Woodland Develo prnent .PROPOSED PROPERlY DESC.R1P110N FOR WOODLAND ESTAlES FIFTH ADDI110N O!ltlo~ A and Outlot B, W90DlAND ESTATES THIRD ADDITlON. Anoka County. Mlnnesot9_ AND Out.ll?t A' cnd Outlot ~. WOODLi\ND ESTAlES FOURTH ADDITION, Anoko County~ Minnesota. AND That' port of the Northeast Quarter of the Southeast QuortElr of Section 21. Township 32, Range 24, Anoka County, Minnesota lying north of the south 671.11 feet thereof and also lying easterly of the follo'!flng described line and its extensions: CommencIng at the Northwest Corner of said WOODLAND ESTATES TIURD ADDIllON; thence North 04 degrees 02 mInutes 29 seconds West, the north.llne of sold WOODLAND ESTATES THIRD ADDlllON Is assumed to bear South 89 degrees 38 minutes 19 seconds West a distance of 151.07 feet: thence South 84 degrees 11 minutes 42 seconds West a distance of 5.82 feet; . thence North 36 degrees 23 minutes 51 second:!!" West a distance of 70.95 feet; thence North 25 degrees 35 minutes 00 seconds West a distdnce of 83.24 feet: thence North 08 degrees 31 minutes 19 seconds West a distance of 107.89 feet; thence North 09 degrees 19 minutes 26 seconds East a distance of 118.41 feet: thence North 18 degrees 19 minutes 59 seconds East a dista!,!ce oJ 151.05 feet to the intersection with the north line of sold Northeast Quarter of the Southeast. Quarter and said line there terminating. . . AND . . ~ot port of lh. North Holf of the North,,,l Quer'" of the s~utheost Quo"'" of Seotion 21, Township 32, Rong. 24. Anoko County, Mlnn"oto, I~ng 33.00f"t nert~"ly of line "A" cod 30.00 feet easterly of Un~ ~B- ~nd Its extensions. . lIne nA" Is described oS c<?mmencfng at the northeast. co~er of said North Half of the Northeast Quarter of the Southeast Quarter: thence South 01 degrees 09 minutes 09 seconds West, assumed bearing along the east line of said North Half of the Northeast. Quarter of the Southeast Quarter, 168.00 feet to the point of beginning of the line to be described; thence North . a8 degrees 40 minutes 43 seconds West 42.55 feet; thence .nprthwesterly along 0 tangentlal.curve concaye to the northeast 186.50 feet to a point hereinafter referred t.o os Point "A", . sold curve having a radius of 300.00 feet and a .central angle of 35 degrees 37 minutes. 08 seconds; thence continuing. along sold curve 42.12 feet. said continuation haying a radius. of 300.00 feet and a central (mgle of 08 degrees 02 minutes 40 seconds; thence North 45 -degrees 00 minutes 55 seconds West 108.39 feet, more or less, to a point on the north line of sold North Holf of the N~rtheast Quarter of the Southeast Quarter distant 327.75 feet west from the northeast corner thereof, and sold line there terminating. Une "B" Is descrIbed os. beginning at the above referred to PoInt "A-j thence North 27 qegrees 59 minutes 38 seconds East 79,39 feet; thence n.ortherly along a tangential curve concave to the west .38.37 feet, more' or 'Iess, to a point en the north line of said Ncrth Half of the Northeast Quarter of the Southeast Quarter distant 167.37 feet west from the northeast. corner ~her!,=of, sold curve having a radius of 200.00 feet and a central angle of 10 degrees 59 minutes 35 seconds, and said I.ine there terminating 0 ., , CITY OF ANDOVER 0 COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R059-IO A RESOLUTION APPROVING THE VARIANCE REQUEST OF RALPH JAMES TO REDUCE THE BUILDING SETBACK FROM A COUNTY ROAD TO 24 FEET TO ALLOW A GARAGE ADDITION AND TO REDUCE THE BUILDING SETBACK FROM A COUNTY ROAD TO 46 FEET FOR THE EXISTING HOUSE ON PROPERTY LOCATED AT 16906 CROSSTOWN BOULEVARD NW LEGALLY DESCRIBED ON EXHIBIT A WHEREAS, Ralph James has requested a variance to reduce the building setback from a county road to 24 feet for a garage addition on the subject property; and WHEREAS, the Planning and Zoning Commission reviewed the request and recommends to the City Council approval ofthe proposed variance; and WHEREAS, the City Council finds that the following conditions constitute an undue hardship for the subject property: 1. The proposed garage addition would comply with applicable setbacks without the expansion of right-of-way for Crosstown Boulevard. . 2. The existing septic system and trees do not allow a suitable location for a detached accessory structure. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover approves the proposed variance request to allow a reduction in the county road building setback to 24 feet for the proposed garage addition and a variance to reduce the county road setback to 46 feet for the existing house. Adopted by the City Council of the City of Andover on this 20th day of July, 2010. CITY OF ANDOVER ~~~ ATTEST: "MIchael R. Gamache, Mayor 0 CITY OF ANDOVER 0 COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R058-10 A RESOLUTION APPROVING THE VARIANCE REQUEST OF DAVID HEIDA TO ALLOW AN ACCESSORY STRUCTURE TO EXCEED THE HEIGHT OF THE PRINCIPAL STRUCTURE ON PROPERTY LOCATED AT 4120 I65TH AVENUE NW LEGALLY. DESCRIBED AS: The North 706 feet ofthe Northeast Quarter of Section 18, Township 32, Range 24, Anoka County, Minnesota, except the East 739 feet thereof, as measured along the North line of said Northeast Quarter and except the West 1627 feet thereof, as measured along the North line of said Northeast Quarter WHEREAS, David Heida has requested a variance to allow an accessory structure to exceed the height of the principal structure on the subject property; WHEREAS, the Planning and Zoning Commission reviewed the request and recommends to the City Council approval of the proposed variance; and WHEREAS, the City Council finds that the following conditions constitute an undue hardship for the subject property: 0 1. The limited height of the existing home cause the ordinance to apply differently to the applicant than property owners with other styles of homes in the same neighborhood and throughout the city. 2. The location of the structure toward the rear of the lot and the large amount of tree cover on the lot will keep the structure from conflicting with the intent of the ordinance, which is to prevent the accessory structures from detracting from the residential character of the surrounding neighborhood. NOW, THEREFORE, BE IT RESOLVED, that the City Council ofthe City of Andover approves the proposed variance request to allow an accessory structure to exceed the height of the principal structure for the subject property subject to the following: 1. The maximum height of the accessory structure shall be 22 feet. Adopted by the City Council of the City of Andover on this 20th day of July, 2010. CITY OF ANDOVER ATTEST: . 0 It c{ JuJu Ilc I/L,m~ M chelle Hartner, Deputy City Clerk " 0 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 057-10 MOTION by Councilmember Jacobson to adopt the following: A RESOLUTION ACCEPTING A $100,000 CASH CONTRIBUTION MADE TO THE CITY OF ANDOVER FROM NORTH METRO SOCCER ASSOCIATION FOR CONSTRUCTION OF PHASE 1 (GRADING, NEW WELL, IRRIGATION SYSTEM) THAT WILL BE INSTALLED AT HAWKRIDGE PARK, PROJECT 09-18. WHEREAS, any contributions that are to be made to the City of Andover must be accepted by the City Council; and WHEREAS, the $100,000 contribution from North Metro Soccer Association for the construction of Phase 1 that is to be begin in the summer of 2010 at Hawkridge Park. NOW, THEREFORE BE IT RESOLVED by the City Council to hereby accept the $100,000 contribution from North Metro Soccer Association, which is to be for grading, new well, and for a irrigation system at Hawkridge Park. 0 MOTION seconded by Councilmember Trude and adopted by the City Council at a regular meeting this 20th day of Julv, 2010, with Councilmember's Jacobson. Trude. Kniqht. Gamache. Bukkila voting in favor of the resolution, and Councilmember's none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: ~~~ Michael R. Gamache - Mayor ~lJ f.h cd1.ft1-h~ Mi helle Hartner - Deputy City Clerk 0 CITY OF ANDOVER 0 COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R056-IO A RESOLUTION APPROVING THE CONDITIONAL USE PERMIT AMENDMENT REQUEST FOR EXPANSION OF THE GREAT RIVER ENERGY AND CONNEXUS ENERGY ELECTRICAL SUBSTATION LOCATED AT 1635 AND 1657 BUNKER LAKE BOULEVARD NW LEGALLY DESCRIBED IN EXHIBIT A WHEREAS, Great River Energy and Connexus Energy have requested a conditional use permit amendment for the expansion of the existing electrical substation on the subject property, and; WHEREAS, Great River Energy and Connexus Energy have requested a variance to City Code 12-13-8 D. 9. to eliminate curbing requirements for the proposed drive lane improvements, 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 conditional use permit amendment 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 Q amendment; and WHEREAS, the City Council finds that the following conditions constitute an undue hardship for the subject property: 1. The size, weight and turning movements of the vehicles needed to operate and maintain the site may conflict with and cause damage to curb along the drive lanes. 2. The site is not a typical parking area as the curbing requirements ofthe City Code are intended to regulate. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover has received the recommendation of the Planning Commission and approves the proposed conditional use permit for expansion ofthe electrical substation, subject to the following: 1) The project shall substantially conform to the plans stamped received by the City of Andover May 18, 2010. The landscaping plan shall substantially conform to the drawing stamped received by the City of Andover June 30, 2010. 2) The applicant shall enter into a long term maintenance agreement with the city to ensure that the proposed landscaping survives and matures to provide screening of the site as shown on the landscaping plan in compliance with Anoka County Highway Department policy. 3) The applicant shall obtain approval of a commercial site plan from the city. 4) The applicant shall obtain a building permit for the foundations of the proposed C substation and shield poles. 5) The applicant shall obtain permits from the Anoka County Highway Department and Coon Creek Watershed District as required to implement the proposed project. 6) The cost of modifying 138th Avenue NW to provide an access to the subject property shall be the responsibility of the applicant. 0 7) A variance to waive the curbing requirement of City Code 12-13-8 D. for the proposed drive lane improvements is granted. 8) The Conditional Use Permit shall be subject to a sunset clause as defined in City Code 12-14-6. Adopted by the City Council of the City of Andover on this 6th day of July, 2010 CITY OF ANDOVER ATTEST: lf~J&f1,'rh~ Michelle Hartner, Deputy City Clerk C 0 0 CITY OF ANDOVER COUNTYOFANOKA STATE OF MINNESOTA RESOLUTION NO. R055-IO A RESOLUTION APPOINTING JUDGES TO SERVE AT THE AUGUST 10,2010 PRIMARY ELECTION IN THE CITY OF ANDOVER. WHEREAS, the City Council is required by State Statute to appoint election judges to serve at the August 10,2010 Primary Election. WHEREAS, the City Council will allow the City Clerk to appoint substitution election judges if necessary. NOW, THEREFORE, BE IT RESOLVED that the following are appointed to serve as election judges at the August 10,2010 Primary Election. Precinct # 1 - Hope Lutheran Church Gloria Young, Head Judge 0 Dean Arneson David Cathers on Sharon Cramer Janna Goodrich Skip Larson Carol Moeller Richard Snyder Donna Turnbom Gwen Vagle Precinct #2 - Grace Lutheran Church Gretchen Sabel, Head Judge Nancy Ahlberg Susan Christofferson Christine Deggendorf Linda Evavold Frances Gargano Joe Holloway J o ann Koechler Jerry Lapham Marie Romo 0 Precinct #3 - Riverdale Assembly of God Church Phyllis Kieffer, Head Judge Elaine Boos Margaret Kennedy John King ------ -.----- 0 Rene Kroll Nanci McManus Barbara Peters Michael S1. John Leon Tibbon Precinct #4 - Crooked Lake Elementary School Kelly Danzl, Head Judge John Cathers on Leatrice Cooper Stan Graf Bonnie Lapham Ginger Nelson Carol PahI Judy Thorson Liliya Ustimchuk Michelle Winship Precinct #5 - Meadow Creek Church Luther Romo, Head Judge 0 Carroll Abbott Don Ahlberg Jan Klinsing Peter Ustimchuk Terry VanNote Precinct #6 - Bunker Hills Activity Center Carol Murschel, Head Judge Susan Beal Janice Fuerst Dan Frost Connie Holloway Angie Janowiec Dan Lehrer Judy Lestina Sandy Roslin Marlene Schafer Marian Smith Barb Taylor Precinct #7 - Andover Community Center 0 Lois Spadgenske, Head Judge Shirley Beam Kim Halberg Clrris Hoopman Richard Lindmark, Jr. Pat Maltzen 0 Larry Mueller Norman Myhre Lisa Nicoski Nancy Posl Mary Sullivan John Wolf Precinct #8 - Andover Christian Church Marie Bourque, Head Judge Tami Allen Julie Haugen Michele Koester Bruce Maltzen Linda Mazzuco Denise McNeff Mary Mead Amanda Nowack Tricia Shannon John Stong Patricia Wenberg 0 Precinct #9 - Prairie Oak Community Church Gary Homing, Head Judge Barry Cenaiko Bruce Crane Susan Panucci Barbara Humphreys Dolores Jeska Norma Johnson Rana Mattson Gerald T. Nelson William Obedoza Lucy Schalwig Precinct # 1 0 - Andover Elementary School Nicole Mason, Head Judge Ester Amborn J ames Anderson Sheila Bauer Kimberly Capistrant-Schalo Stan Deden 0 Lois Koblitz Linda Nelson John Rosky Mike Roslin Alysha Smethurst Diane Terebenet 0 Adopted by the City Council of the City of Andover this 6th day of July, 2010. Attest: CITY OF ANDOVER l~ldJD.--th']j,-v ~ Mi helle Hartner-Deputy City Clerk lchael R. Gamache - Mayor 0 0 , ~, 0 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 054-10 MOTION by Councilmember Bukkila to adopt the following: A RESOLUTION APPROVING FINAL PLANS AND SPECIFICATIONS FOR PROJECT NO. 09-18 ,FOR HAWKRIDGE PARK RECONSTRUCTIONIWELL WHEREAS, Bolton & Menk. Inc. have prepared final plans and specifications for Project No. 09-18.; and WHEREAS, such final plans and specifications were presented to the City Council for their review on the ~ day of Julv , 2010 . 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 quotes as required by law, with such bids to be opened at 11 :00 a.m. , Auqust 2 , 2010 at the Andover City Hall. 0 MOTION seconded by Councilmember Kniqht and adopted by the City Council at a reqular meeting this 6th day of Julv , 2010 ,with Council members Bukk\la, Kniqht. Gamache. Trude. Jacobson voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: -;;7~~ d-L M1fhael R. Gamache - Mayor 0 0 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 053-10 MOTION by Councilmember Bukkila to adopt the following: A RESOLUTION APPROVING FINAL PLANS AND SPECIFICATIONS AND ORDERING QUOTES FOR PROJECTS 10-7. 2010 TRAIL MAINTENANCE & 10- 25.2010 PARKING LOT MAINTENANCE. WHEREAS, pursuant to Resolution No. 087-09, adopted by the City Council on the L day of November , 2009, the Citv Enqineer has prepared final plans and specifications for Project Nos. 10-7 & 10-25.; and WHEREAS, such final plans and specifications were presented to the City Council for their review on the ~ day of Julv , 2010 . NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby approve the Final Plans and Specifications. 0 BE IT FURTHER RESOLVED by the City Council to hereby direct the ~ Enqineer to solicit quotes for such improvement project. MOTION seconded by Councilmember Kniqht and adopted by the City Council at a reqular meeting this 6th day of Julv ,2010, with Councilmembers Bukkila. Kniqht. Gamache. Trude. Jacobson voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: 1t:ff d!~aYor 0 ~f.L e:JIO/IinL.. Mi eile Hartner - Deputy City Clerk 0 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 052-10 MOTION by Council member Bukkila to adopt the following: A RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR THE IMPROVEMENT OF PROJECT NO. 09-37. 138TH AVENUE NW & XAVIS STREET NW WATER MAIN EXTENSION. WHEREAS, pursuant to advertisement for bids as set out in Council Resolution No. 046-10 ,dated June 1, 2010, bids were received, opened and tabulated according to law with results of the three lowest bidders as follows: Rum River Contracting Co. $237,246.00 North Valley, Inc. $242,120.37 S.R. Weidema, Inc. $243,541.00 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby accept the bids as shown to indicate Rum River Contractinq Co. 0 as being the apparent low bidder. BE IT FURTHER RESOLVED TO HEREBY direct the Mayor and City Clerk to . enter into a contract with Rum River Contractinq Co. in the amount of $237.246.00 for construction of the improvements; and direct the City Clerk to return to all bidders the deposits made with their bids, except that the deposit of the successful bidder and the next two lowest bidders shall be retained until the contract has been executed and bond requirements met. MOTION seconded by Council member Kniqht and adopted by the City Council at a reqular meeting this 6th day of Julv , 2010 , with Council members Bukkila. Kniqht. Gamache. Trude. Jacobson voting in favor of the resolution, and Council members none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: ~&~ ~~C~ ichael R. Gamache - Mayor 0 IC elle Hartner - Deputy City Clerk ~ 0 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 051-10 MOTION by Councilmember Bukkila to adopt the following: A RESOLUTION APPROVING CHANGE ORDER ttL TO PROJECT NO. 09-22, BUNKER LAKE BOULEVARD NW FRONTAGE ROAD/JAY STREET REALIGNMENT. WHEREAS, the City of Andover has a contract for Project No. 09-22, Bunker Lake Boulevard NW Frontaqe Road/Jav Street Realiqnment. with Rum River Contractinq, Inc of Princeton. MN. NOW THEREFORE, BE IT RESOLVED by the City Council of Andover to hereby approve the change order to Project No. 09-22. 0 Adopted by the City Council of the City of Andover this 6th day of Julv , 2010. CITY OF ANDOVER ATTEST: - Y~_dll.C'U~ M' helle Hartner - Deputy City Clerk 0 , 0 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 050-10 MOTION by Council member Jacobson to adopt the following: A RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR THE IMPROVEMENT OF PROJECT NO. 08-33, CITY BRIDGES SCOUR EVALUATION. WHEREAS, pursuant to advertisement for bids as set out in Council Resolution No. 036-10 , dated April 20, 2010, bids were received, opened and tabulated according to law with results as follows: Contractor Base Bid Alternate Bid County Line Excavating $30,700.00 $40,500.00 Sunram Construction, Inc. $34,545.00 $48,900.00 Minger Construction, Inc. .$43,595.00 $58,029.00 NOW, THEREFORE, BE ITRESOLVED by the City Council of the City of Andover. to hereby accept the bids as shown to. indicate County Line Excavatinq as 0 being the apparent low bidder. BE IT FURTHER RESOLVED TO HEREBY direct the Mayor and City Clerk to enter into a contract with County Line Excavatinq in the amount of $40,500.00 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 Kniqht and adopted by the City Council at a reqular meeting this 15th day of June , 2010 , with Council members Jacobson, Kniqht. 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: 0 ~uiucJ)fV\~ Mic elle Hartner - Deputy City Clerk l 0 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R049-10 MOTION by Councilmember Trude to adopt the following: A RESOLUTION ACCEPTING A CONTRIBUTION MADE TO THE CITY OF ANDOVER TO BE USED TOWARDS THE PURCHASE OF PAGERS FOR 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 CenterPoint Energy of $1,000 is to be used towards the purchase of pagers for 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 purchase of pagers for the Andover Fire Department. 0 MOTION seconded by Councilmember Jacobson and adopted by the City Council at a regular meeting this 15th day of June 2010, with Councilmembers Gamache. Kniqht. Bukkila voting in favor of the resolution, and Councilmembers None voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: ~t1&Jj~ helle Hartner - Deputy City Clerk 0 'j 0 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RESOLUTION NO. R048-IO 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 $29,400.00 (Not to Exceed) Annual Income Level for Disabled Individuals of Special Assessments and 0 Reduced Sanitary Sewer Rates $45,100.00 (Not to Exceed) Adopted by the City Council ofthe City of Andover this 15th, day of June, 2010. CITY OF ANDOVER ~~~/I tC Attest: 0p;A'L /.~ ael R. Gamac e - Mayor ~~Jjj~-fnvu Mic elle Hartner - Deputy City Clerk 0 - ~r 0 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 047-10 A RESOLUTION DESIGNATING NO PARKING FOR BOTH SIDES OF 148TH LANE NW BETWEEN GROUSE STREET NW AND JAY STREET NW WHEREAS, the City Council is cognizant of the public nuisance, traffic hazard and congestion; and WHEREAS, the Council believes restricting the parking in the area will be a solution to a problem. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to designate the no parking zone from 8:00 am to 10:00 am and 3:00 pm to 5:00 pm, Monday through Friday from September 1st to June 1st. Adopted by the City Council of the City of Andover this 15th day of June , 0 2010. ATTEST: L~-eb~ Lu 01I{lf-h1~L- Mic elle Hartner - Deputy City Clerk 0 0 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 046-1 0 MOTION by Councilmember Bukkila to adopt the following: A RESOLUTION APPROVING FINAL PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR PROJECT 10-12, PUBLIC WORKS SALT STORAGE FACILITY. WHEREAS, pursuant to Resolution No. 043-10, adopted by the City Council on the 18th day of Mav , 2010, the City Enqineer has prepared final plans and specifications for Project No. . 10-12 for the Public Works Salt Storaqe Facilitv; and WHEREAS, such final plans and specifications were presented to the City Council for their review on the ~ day of June , 2010 . NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of 0 Andover to hereby approve the Final Plans and Specifications. BE IT FURTHER RESOLVED by the City Council of the City of Andover to hereby direct the City Clerk to seek public bids as required by law, with such bids to be opened at 2:00 p.m., Julv 27 , 2010 at the Andover City Hall. MOTION seconded by Council member Kniqht and adopted by the City Council at a reqular meeting this 1 sl day of June , 2010 , with Councilmembers Bukkila. Kniqht, Jacobson, Gamache (absent), Trude (absent) voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: ~~4~~ Mlthael R. Gamache - Mayor 0 ~. ~W P LcJJOA7nLA- Mi helle Hartner - Deputy City Clerk , . 0 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 045-1 0 MOTION by Councilmember Bukkila to adopt the following: A RESOLUTION APPROVING FINAL PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR PROJECT 09-37, 138TH AVENUE NW & XAVIS STREET NW WATER MAIN EXTENSION. WHEREAS, pursuant to Resolution No. 042-10, adopted by the City Council on the 18th day of May , 2010, the City Enqineer has prepared final plans and specifications for Project No. 09-37 for 138tti Avenue NW & Xavis Street NW Water Main Extension; and WHEREAS, such final plans and specifications were presented to the City Council for their review on the ~ day of June , 2010 . NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of 0 Andover to hereby approve the Final Plans and Specifications. BE IT FURTHER RESOLVED by the City Council of the City of Andover to hereby direct the City Clerk to seek public bids as required by law, with such bids to be opened at 10:00 a.m. , Wednesday. June 30, 2010 at the Andover City Hall. MOTION seconded by Councilmember Kniqht and adopted by the City Council at a reqular meeting this 1st day of June ,2010, with Councilmembers Bukkila, Kniqht. Jacobson. Gamache (absent). Trude (absent) voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: ~~ M'chael R. Gamache - Mayor 0 ~ i liLC:1ftlA-fnLJ Mi elle Hartner - Deputy City Clerk " CITY OF ANDOVER 0 COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R044-10 A RESOLUTION APPROVING A COMMUNICATION SITE LICENSE AGREEMENT FOR CONSTRUCTING, OPERATING AND MAINTAININ A MONOPOLE TELECOMMUNICATIONS TOWER WITH CLEAR WIRELESS, LLCIN HIDDEN CREEK NORTH PARK WHEREAS, Clear Wireless, LLC has requested and was approved (Res. No. 012-10), subject to various conditions, a conditional use permit to install a wireless communication antenna array in Hidden Creek North Park, and; WHEREAS, the City Council placed a condition of approval that Clear Wireless LLC shall execute an agreement acceptable to the City of Andover prior to commencing construction on the site; WHEREAS, City Administration has negotiated a license agreement (Attachment A) with Clear Wireless LLC for space in Hidden Creek North Park for the purpose of constructing, operating and maintaining a monopole telecommunication tower, and; Q WHEREAS, the City Attorney has reviewed and provided comments on the License Agreement; those comments have been inserted into the agreement, and; NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby approves the lease agreement (Attachment A) and directs the Mayor and City Clerk to sign and execute Attachment A, a Communication Site License Agreement with Clear Wireless LLC. Adopted by the City Council ofthe City of Andover on this 18th day of May, 2010 CITY OF ANDOVER ATTEST: ~1fuJ1fi;\~ Mi helle Hartner, Deputy City Clerk 0 I o CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 043-10 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. 10-12 FOR THE PUBLIC WORKS SALT STORAGE FACILITY . WHEREAS, the City Council is cognizant of the need for the improvement; and NOW, THEREFORE BE IT RESOLVED by the City Council to order the improvement of the Public Works Salt Storaqe Facility, Project 10-12; and BE IT FURTHER RESOLVED by the City Council to hereby direct the Director of O Public Works/City Enqineer to prepare the plans and specifications for such improvement project. MOTION seconded by Councilmember Bukkila and adopted by the City Council at a reqular meeting this 18th day of May , 2010 , with Councilmembers Jacobson. Bukkila, Gamache, Trude, Kniqht voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed; CITY OF ANDOVER ATTEST: ache - Mayor ~ " t6 ,.' ~UJV Mic elleHartner - Deputy City Clerk o I 0 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 042-10 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. 09-37 FOR THE 138TH AVENUE NW &XAVIS STREET NWIWATER MAIN EXTENSION. 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 138th Avenue NW & Xavis Street NWlWater Main Extension, Project 09-37; and 0 BE IT FURTHER RESOLVED by the City Council to hereby direct the Director of Public Works/City Enqineer to prepare the plans and specifications for such improvement project. MOTION seconded by Council member Bukkila and adopted by the City Council at a reqular meeting this 18th day of May ,2010, with Councilmembers Jacobson, Bukkila, Gamache, Trude, Kniqht voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: . '~~ i elle Hartner - Deputy City Clerk 0 i II I, 0 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R041-10 A RESOLUTION GRANTING A TRANFER OF OWNERSHIP OF PARCEL 11 OF "CITY OF AD OVER HIGHWAY RIGHT OF WAY PLAT NO. 3" WHEREAS, the property owner, the City of Andover, has determined that the transfer of the ownership of the described land is necessary to facilitate the recording of the plat known as "Kwik Trip Andover Addition", and; WHEREAS, the Engineering Depmiment and the City Attorney have reviewed the proposed action and have determined that the proposed ownership transfer is in order, 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. C NOW, THEREFORE, BE IT RESOLVED, that the City Council ofthe City of Andover hereby authorizes the transfer the ownership of Parcel 11 of the City of Andover Highway Right-of-Way Plat No.3 to Convenience Store Investments, Inc. by way of a Quit Claim Deed; and authorizes the Mayor and City Administrator to sign the Quit Claim Deed. Adopted by the City Council ofthe City of Andover on this 4th day of May, 2010. CITY OF ANDOVER ATTEST - 0 CITY OF ANDOVER COUNTY OF ANOKA 0 STATE OF MINNESOTA RES. NO. R040-10 MOTION by Councilmember Jacobson to adopt the following: A RESOLUTION ADOPTING AN AMENDED ASSESSMENT REPAYMENT SCHEDULE FOR THE IMPROVEMENT OF SANITARY SEWER, WATERMAIN, STORM SEWER AND STREETS FOR PROJECTS 98-29, GREY OAKS (PHASE I) & 00-16, GREY OAKS (PHASE ill. WHEREAS, the City Council adopted Res. No. 041-03 on March 4, 2003. A resolution adopting the assessment roll for the improvement of sanitary sewer, watermain, storm sewer and streets for Projects 98-29, Grey Oaks (Phase I) & 00-16, Grey Oaks (Phase II). WHEREAS, the developer and the City are in agreement that due to current economic conditions it is appropriate to amend the repayment schedule of the outstanding assessment roll adopted as Res. No. 041-03. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF ANDOVER, MINNESOTA: 1. Such proposed amended assessment terms, a summary copy of outstanding assessments 0 which is attached hereto and made part hereof, is hereby accepted and shall constitute the amended special assessment payments against the lands named in Res. No. 041-03. 2. Such assessments shall be payable in semi-annual installments, together with principal and accrued interest, extending over a period of.u years, except for 2010 where only accrued interest will be paid. The first of the installments to be payable on or before the 15th day of April 2003, and shall bear interest at the rate of 6 percent per annum from the date of the adoption of the assessment resolution (Res. No. 041-03). 3. The owners of any property so assessed may at any time pay the whole of the assessment on such property with interest accrued to the date of payment to the City Treasurer. MOTION seconded by Councjlmember Kniqht and adopted by the City Council at a reqular meeting this 4th day of May ,2010 with Councilmembers Bukkila, Gamache, Trude voting in favor of the resolution, and Councilmembers None voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: ~~d~ M ael R. Gamache - Mayor - \ . ,.~ ~W PJcJfVrlh-, Mi helle Hartner - Deputy City Clerk 0 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 039-10 MOTION by Councilmember Jacobson to adopt the following: A RESOLUTION ACCEPTING A $100 CASH CONTRIBUTION MADE TO THE CITY OF ANDOVER FOR LANDSCAPING THAT WILL BE INSTALLED AROUND THE NEW PARK SIGN AT HIDDEN CREEK EAST PARK. WHEREAS, any contributions that are to be made to the City of Andover must be accepted by the City Council; and WHEREAS, the $100 contribution from anonymous party for landscaping that is to be installed around the park sign at Hidden Creek East Park. NOW, THEREFORE BE IT RESOLVED by the City Council to hereby accept the $100 cash contribution, which is to be for landscaping around the park sign and is to be installed at Hidden Creek East Park. 0 MOTION seconded by Councilmember Kniqht and adopted by the City Council at a regular meeting this 4th day of May, 2010, with Councilmember's Jacobson, Kniqht. Gamache, Trude, Bukkila voting in favor of the resolution, and Councilmember's none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: ~~14l0C'~M_ . Mi helle Hartner - Deputy CIty Clerk 0 0 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 038-10 A RESOLUTION APPROVING THE CONDITIONAL USE PERMIT REQUEST FOR AN INCREASE OF THE ALLOW ABLE HEIGHT FOR A STRUCTURE FROM 35 FEET TO 43 FEET FOR THE CITY OF ANDOVER SALT STORAGE BUILDING LOCATED ON PROPERTY LEGALLY DESCRIBED AS THAT PRT OF W 285 FT OF E 640 FT OF NW1/4 OF SE1/4 OF SEC 22 TWP 32 RGE 24 L YG NL Y OF S 330 FT THEREOF, SUBJ TO EASE OF REC AND THAT PRT OF E 355 FT OF NW1I4 OF SEl/4 OF SEC 22 TWP 32 RGE 24 L YG NL Y OF S 330 FT THEREOF SUBJ TO EASE OF REC WHEREAS, the City of Andover has requested a conditional use permit to increase the allowable height to allow construction of a salt storage building; and 0 WHEREAS, City Code 12-3-5 allows a conditional use permit for increased building height under the following conditions: a. Adequate fire protection and other safety features are provided. b.o The height and bulk ofthe building will not destroy a scenic or appropriate view, will not shut off light and air from surrounding properties, or otherwise be detrimental to the public. c. In no event, however, shall any building occupy more than the permitted percentage of lot area as provided in this title. (Amended Ord. 314, 10-4-05) WHEREAS, the Planning Commission held a Public Hearing pursuant to the requirements of City Code 12-14-8, and; WHEREAS, after review the Planning Commission finds that the proposed project meets the conditions of City Code 12-3-5 and recommends approval ofthe request, and; NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover has received the recommendation ofthe Planning Commission and approves the proposed conditional use permit to increase the allowable height from 35 feet to 43 feet for the construction of a salt storage building on the subject property subject to the following conditions: 0 1) The location of the structure shall be as shown on the site plan dated April 5, 2010. 2) Screening shall be provided between the structure and residential neighborhoods to the north and west. 0 3) The Conditional Use Permit shall be subject to a sunset clause as defined in City Code 12-14-6. Adopted by the City Council ofthe City of Andover on this 20th day of April, 2010 CITY OF ANDOVER ATTEST: ~~ Ichael R. Gmnache, Mayor t~~D1irJI~ i helle Hartner, Deputy CIty Clerk 0 0 0 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 037-10 MOTION by Councilmember Jacobson to adopt the following: A RESOLUTION ACCEPTING A CONTRIBUTION MADE TO THE CITY OF ANDOVER FOR PROJECT 10-21, EVELAND FIELDS/SCOREBOARD FOR SOUTH FIELD. 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 Anoka Hennepin School District #11 for a scoreboard is to be installed at Eveland Fields. NOW, THEREFORE BE IT RESOLVED by the City Council to hereby accept the contribution, which is to purchase a scoreboard on behalf of the Anoka Hennepin School District #11 and is to be installed at Eveland Fields. 0 MOTION seconded by Councilmember Bukkila and adopted by the City Council at a regular meeting'this 20th day of April, 2010, with Councilmember's Jacobson. Bukkila, Gamache (absent), Kniqht. Trude voting in favor of the resolution, and Councilmember's none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: . '11~~~ltC~~ Mic elle Hartner - Deputy City Clerk 0 r, 0 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 036-10 MOTION by Councilmember Jacobson to adopt the following: A RESOLUTION APPROVING FINAL PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR PROJECT 08-33, CITY BRIDGES SCOUR EVALUATION/REPAIRS. WHEREAS, pursuant to Resolution No. 001-10, adopted by the City Council on the ~ day of January , 2010, TKDA has prepared final plans and specifications for Project No. 08-33 for City Bridqes Scour Evaluation Repairs; and WHEREAS, such final plans and specifications were presented to the City Council for their review on the 20th day of April , 2010 . NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of 0 Andover to hereby approve the Final Plans and Specifications. BE IT FURTHER RESOLVED by the City Council of the City of Andover to hereby direct the City Clerk to seek public bids as required by law, with such bids to be opened at 10:00 a.m. , June 3 , 2010 at the Andover City Hall. MOTION seconded by Councilmember Bukkila and adopted by the City Council at a reqular meeting this 20th day of April ,2010 ,with Councilmembers Jacobson, Bukkila, Gamache (absent), Kniqht, Trude voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: 0 i~?f~'1 dliclP(1~ Mi helle Hartner - Deputy City Clerk 0 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R035-10 A RESOLUTION AUTHORIZING APPLICATION TO THE ENVIRONMENT AND NATURAL RESOURCES TRUST FUND GRANT PROGRAM FOR PHASE II RUM RIVER OPEN SPACE PRESERVATION PROJECT WHEREAS The Legislative Citizens Commission on Minnesota Resources has issued a request for proposals for 2011-2012 Enviromnent and Natural Resources Trust Fund Grant Progrmn; and WHERAS the City of Andover has established an open space preservation progrmn with funding approved by Andover residents with a 2006 bond referendum; and WHEREAS the City has successfully completed Phase I of Rum River Open Space Preservation to acquire and permanently preserve 39.8 acres ofland along the Rum River as open space; and WHEREAS the City is cooperatively working with the owner of a 31 acre site adjoining this 0 property to acquire and permanently preserve the property as Phase II of Rum River Open Space Preservation; and WHEREAS the project is in conformance with the criteria ofthe Enviromnent and Natural Resources Trust Fund Grant Progrmn to acquire strategic lands with high quality natural resources, habitat, and/or ecological value, and the greatest capability to contribute multiple conservation benefits to wildlife, humans, and water quality; and WHEREAS the City of Andover Open Space Advisory Commission has recommended that the City make application to the Enviromnent and Natural Resources Trust Fund Grant Progrmn; and NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby authorizes application to the Enviromnent and Natural Resources Trust Fund Grant Progrmn for funding to complete PHASE II of Rum River Open Space Preservation. Adopted by the City Council of the City of Andover on this 6th day of April, 2010. CITY OF ANDOVER 0 ATTEST: ~. cd) Q)rh'1J-.->. chelle Hartner, Deputy City Clerk CITY OF ANDOVER 0 COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 034-10 MOTION by Council member Jacobson to adopt the following: A RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR THE IMPROVEMENT OF PROJECT NO. 09-22, BUNKER LAKE BOULEVARD NW FRONTAGE ROAD/JAY STREET REALIGNMENT WHEREAS, pursuant to advertisement for bids as set out in Council Resolution No. 022-10 ,dated March 2, 2010, bids were received, opened and tabulated according to law with results as follows: Contractor Base Bid Alt. Bid Total Bid Rum River Contracting Co. $144,183.85 $4,610.00 $148,793.85 North Valley, Inc. $156,111.90 $4,273.00 $160,384.90 Valley Paving, Inc. $163,546.64 $4,236.94 $167,783.58 Engineer's Estimate $213,947.00 $10,850.00 $224,797.00 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of 0 Andover to hereby accept the bids as shown to indicate Rum River Contractinq, 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 Contractinq, Inc in the amount of $ 148,793.85 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 reqular meeting this 6th day of April , 2010 , with Council members Jacobson, Bukkila. Trude, Gamache, Kniqht voting in favor of the resolution, and Council members none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: 0 helle Hartner - Deputy City Clerk 0 CITY OF ANDOVER COUNTYOFANOKA STATE OF MINNESOTA RES. NO R033-10 A RESOLUTION APPROVING THE FINAL 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. 0 WHEREAS, the City Council has approved the preliminary plat of the project to be known as Kwik Trip Andover Addition; and WHEREAS, the a final plat ofKwik Trip Andover Addition has been submitted for review; and WHEREAS; the final plat has been reviewed and found in 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 ofKwik Trip Andover Addition contingent upon the following: 1. The final plat shall conform to the drawing stmnped received by the City of Andover March 10,2010. 2. The plat shall be subject to all conditions of Preliminary Plat Resolution R093-09. 3. CONVENIENCE STORE INVESTMENTS, INC. shall be responsible for the cost of construction of all improvements proposed as a part of the preliminary plat. 4. CONVENIENCE STORE INVESTMENTS, INC. shall be responsible for any costs 0 incurred during construction associated with cleanup of the former Eddy's Auto Body site that are necessary to proceed with roadway construction, including but not limited O to removal and disposal offences, car parts, surface or buried debris, unsuitable soil due to business operations, etc. All associated costs will be the responsibility of CONVENIENCE STORE INVESTMENTS, INC. 5. Contingent upon staff review and approval for compliance with City ordinances, policies and guidelines. 6. 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. 7. Developer is responsible for obtaining all permits from U.S. Army Corps of Engineers, DNR, LGU, Coon Creek Watershed District, MPCA and any other agency that may be interested in the site. Adopted by the City Council of the City of Andover this 6th day of April, 2010 CITY OF ANDOVER ;;?> ..-? Z --.' . .... ... . . ......-:1. " /' /",,,,~,, .'J ATTEST: /-i;;..-::'0'C /;,-.-/,L ~.Ji}~d.lrlru"",,- Michael R. Gmnache, Mayor o M chelle Hartner, Deputy CIty Clerk o 0 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 032-10 A RESOLUTION REVOKING MUNICIPAL STATE AID STREETS. WHEREAS, it appears to the City Council of the City of Andover that the streets hereinafter described should be revoked as a Municipal State Aid Street under the provisions of Minnesota Laws of 1967 Chapter 162; and NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Andover that the streets described as follows, to wit: . Part of MSAS 130, Bunker Lake Boulevard Frontage Road between Heather Street NW and Crooked Lake Boulevard NW . Part of MSAS 135, Verdin Street NW between South Coon Creek Drive NW to Andover Boulevard NW be and hereby are revoked as a Municipal State Aid Streets of said City, subject to the approval of the Commissioner of Transportation of the State of Minnesota. BE IT FURTHER RESOLVED that the City Clerk is hereby authorized and directed to 0 forward two certified copies of this resolution to the Commissioner of Transportation for his consideration and upon his approval of the revocation of said streets or portions thereof. Adopted by the City Council of the City of Andover this ~ day of April ,2010. CITY OF ANDOVER U ATTEST: - lj~cJft1A~ Mi helle 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 April 6, 2010. Lj29LtLJJ-tQj){0th~ Mi helle Hartner - Deputy City Clerk 0 CITY OF ANDOVER 0 COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 031-10 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: . Extension of MSAS 130, Heather Street NW between Bunker Lake Boulevard Frontage Road and Bunker Lake Boulevard NW to be and hereby established, located and designated as Municipal State Aid streets of said City, subject to the approval of the Commissioner of Transportation of the State of Minnesota. BE IT FURTHER RESOLVED that the City Clerk is hereby authorized and directed to forward two certified copies of this resolution to the Commissioner of Transportation for their consideration and upon his approval of the designation of said streets or portion thereof, that 0 same be constructed, improved and maintained as Municipal State Aid Streets of the City of Andover and to be known as Municipal State Aid Streets. Adopted by the City Council of the City of Andover this 6th day of April ,2010 . CITY OF ANDOVER ATTEST: 1JaI j!Ju 111.rnCu\"-hu..l'-'-/ Mi helle 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 April 6, 2010. ~~L C1{(l.1~ Mi helle Hartner - Deputy City Clerk 0 0 CITY OF ANDOVER COUNTY OF ANOKA . STATE OF MINNESOTA RES. NO. 030-10 MOTION by Council member Jacobson to adopt the following: A RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR THE IMPROVEMENT OF PROJECT NOS. 10-2,2010 STREET RECONSTRUCTION , 10-8,2010 CURB, SIDEWALK & PEDESTRIAN RAMP REPAIRS & 10-12, PUBLIC WORKS SALT STORAGE FACILITY PAVING WHEREAS, pursuant to advertisement for bids as set out in Council Resolution No. 015-10 ,dated February 16, 2010, bids were received, opened and tabulated according to law with results as follows: Rum River Contracting Co. $652,420.40 North Valley, Inc. $691,291.45 Valley Paving, Inc. $721,025.06 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of 0 Andover to hereby accept the bids as shown to indicate Rum River Contractinq as being the apparent low bidder. BE IT FURTHER RESOLVED TO HEREBY direct the Mayor and City Clerk to enter into a contract with Rum River Contractinq in the amount of $652.420.40 (Base Bid & Alternate 2) 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 reqular meeting this 6th day of April , 2010 , with Council members Jacobson, Bukkila, Trude, Gamache, Kniqht voting in favor of the resolution, and Council members none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: ~4K c1~ 0 Michael . Gamache - Mayor \ ' '~All)l t~l ciI{};)~ Mi helle Hartner - Deputy City Clerk 0 CITY OF ANDOVER COUNTYOFANOKA STATE OF MINNESOTA RES. NO R029-10 A RESOLUTION APPROVING APPLICATION TO THE MINNESOTA DEPARTMENT OF NATURAL RESOURCES FOR THE 2010 NATURAL AND SCENIC AREA GRANT PROGRAM BE IT RESOLVED that The City of Andover acts as legal sponsor for the project contained in the Natural and Scenic Area Grant Program Application to be submitted on March 31,2010 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 - 0 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 ofthe applicant. I CERTIFY THAT the above resolution was adopted by the City Council of The City of Andover on March 16, 2010. SIGNED: WITNESSED: 7~1LAJ . '1J' ~ '~' , ., CJttl/\~ (Signature) l-1A-V.OQ... J~j4vlo ~iJ~:hjCi1t1~L 3-d3-IO (Title) (Date) I (Title (Date) 0 CITY OF ANDOVER 0 COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R028-10 A RESOLUTION DENYING THE CONDITIONAL USE PERMIT REQUEST FOR A WIRELESS INTERNET ANTENNA INSTALLATION FOR CLEAR WIRELESS, LLC LOCATED AT 13960 PALM STREET NW LEGALLY DESCRIBED AS CITY PARK, HILLS OF BUNKER LAKE STH ADDITION, ANOKA COUNTY, MINNESOTA WHEREAS, Clear Wireless, LLC has requested a conditional use permit to install a 120 foot tall tower, antenna array and associated ground mounted equipment 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, City Code 12-14-6 provides criteria for the review of conditional use permit applications, and; WHEREAS, the Council finds the request does not satisfy the review criteria of City Code 12- 14-6, and; NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby 0 denies the conditional use permit application with the following findings: 1. The proposed 120 foot tall tower and associated equipment would negatively affect the scenic views of residential properties in close proximity to Andover Lions Park. 2. The unique shape of the park results in limited contiguous area to achieve the park land site selection criteria of the Comprehensive Plan. The existing park facilities and remaining natural areas are configured to maximize the use ofthis limited space. The addition of a 120 foot tall tower and associated equipment in this limited area would negatively affect the use and enjoyment of Andover Lions Park. Adopted by the City Council of the City of Andover on this 16th day of March, 2010 CITY OF ANDOVER ATTEST: 0 0 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 027-1 0 MOTION by Councilmember Trude to adopt the following: A RESOLUTION ACCEPTING A CONTRIBUTION MADE TO THE CITY OF ANDOVER FOR ONE BLEACHER THAT WILL BE INSTALLED AT ONE THE HAWKRIDGE PARK SOCCER FIELDS, PROJECT NO. 09-18. 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 Federal Cartridge Company for a bleacher is to be installed at one of the Hawkridge Park soccer fields. NOW, THEREFORE BE IT RESOLVED by the City Council to hereby accept the contribution, which is to be purchase 1 bleacher on behalf of the Federal Cartridge Company and is to be installed at Hawkridge Park. e MOTION seconded by Councilmember Kniqht and adopted by the City Council at a regular meeting this 16th day of March, 2010, with Councilmember's Trude, Kniqht, Gamache, Bukkila: Jacobson voting in favor of the resolution, and Councilmember's none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: - 0 0 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 026-10 MOTION by Council member Trude to adopt the following: A RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR THE IMPROVEMENT OF PROJECT NO. 10-5 FOR 2010 PAVEMEMENT MARKINGS. WHEREAS, pursuant to the Joint Powers Agreement with Coon Rapids, bids were received, opened and tabulated according to law on February 26, 2010 at Coon Rapids City Hall with results as follows: Contractor Andover's Portion Traffic Marking Service $19,488.75 AAA Striping $21,975.00 Fahrner Asphalt Sealers $24,114.00 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover 0 to hereby accept the bids as shown to indicate Traffic Markinq Service as being the apparent low bidder. BE IT FURTHER RESOLVED TO HEREBY direct the Mayor and City Clerk to enter into a contract with Traffic Markinq Service in the amount of $ 19.488.75 for construction of the improvements; and direct the City Clerk to return to all bidders the deposits made with their bids, except that the deposit of the successful bidder and the next two lowest bidders shall be retained until the contract has been executed and bond requirements met. MOTION seconded by Council member Kniqht and adopted by the City Council at a reqular meeting this 16th day of March , 2010 , with Council members Trude, Kniqht, Gamache, Bukkila, Jacobson voting in favor of the resolution, and Council members none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: U 0 ~. fh~ Mi helle Hartner - Deputy City Clerk 0 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 025-10 MOTION by Council member Trude to adopt the following: A RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR THE IMPROVEMENT OF PROJECT NO. 10-4 FOR 2010 SEAL COATING. WHEREAS, pursuant to the Joint Powers Agreement with Coon Rapids, bids were received, opened and tabulated according to law on February 26, 2010 at Coon Rapids City Hall with results as follows: Contractor Andover's Portion Allied Blacktop $220,218.00 Fahrner Asphalt $235,702.00 Asphalt Surface Technologies $248,302.00 Pearson Brothers $255,402.00 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover 0 to hereby accept the bids as shown to indicate 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 $ 220,218.00 for construction of the improvements; and direct the City Clerk to return to all bidders the deposits made with their bids, except that the deposit of the successful bidder and the next two lowest bidders shall be retained until the contract has been executed and bond requirements met. MOTION seconded by Council member Kniqht and adopted by the City Council at a reqular meeting this 16th day of March , 2010 ,with Council members Trude, Kniqht, Gamache, Bukkila, Jacobson voting in favor of the resolution, and Council members none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: 0 . ~jJ fue:f)Mf;1J/V Mi helle Hartner - Deputy City Clerk 0 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 024-10 MOTION by Council member Trude to adopt the following: A RESOLUTION REJECTING BIDS FOR THE IMPROVEMENT OF PROJECT NO. - 10-3 FOR 2010 CRACK SEALING. WHEREAS, pursuant to the Joint Powers Agreement with Coon Rapids, bids were received, opened and tabulated according to law on February 26, 2010 at Coon Rapids City Hall with the 3 lowest bid results as follows: Contractor Andover's Portion Precision Sealcoating $24,309.00 American Pavement Solutions $31,080.00 Fahrner Asphalt Sealers, Inc. $39,294.00 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby reject the bids as shown. 0 MOTION seconded by Council member Kniqht and adopted by the City Council at a reqular meeting this 16th day of March ,2010 ,with Council members Trude, Kniqht. Gamache, Bukkila, Jacobson voting in favor of the resolution, and Council members none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: , ~fl }lJ ilL1/. fl1--n1L-.. Mi elle Hartner - Deputy City Clerk 0 CITY OF ANDOVER 0 COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R023-10 A RESOLUTION APPROVING THE CONDITIONAL USE PERMIT REQUEST FOR A WIRELESS INTERNET ANTENNA INSTALLATION FOR CLEAR WIRELESS, LLC LOCATED AT 13789 BUTTERNUT ST NW LEGALLY DESCRIBED AS CITY PARK 2, SHADOWBROOK FOURTH ADDITION, ANOKA COUNTY, MINNESOTA WHEREAS, Clear Wireless, LLC has requested a conditional use permit to install a wireless antenna array 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 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; 0 WHEREAS. The Planning Commission recommends to the City. Council approval of the conditional use permit request; NOW, THEREFORE, BE IT RESOLVED, that the City Council ofthe City of Andover has received the Planning Commission recommendation and approves the proposed conditional use permit for a wireless internet tower and antenna array, subject to the following conditions: 1) The applicant shall execute an agreement acceptable to the City of Andover prior to commencing construction on the site. 2) The tower, antennas and ground mounted equipment shall conform to the plans revised November 11,2009, but moved east as far as possible and to include reasonable screening in lieu of fencing. 3) The applicant shall obtain a building permit for construction of the tower and associated equipment as required by City Code 9-12-9. 4) The applicant shall restore any areas of the subject property disturbed during construction of the tower to equal or better condition than currently exists. 5) The conditional use permit shall be subject to a sunset clause as defined in City Code 12-14-6. Adopted by the City Council of the City of Andover on this 2nd day of March, 2010 CITY OF ANDOVER 0 ATTEST: Lj\~~~ Mi elle Hartner, Deputy City Clerk 0 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 022-10 MOTION by Council member Kniqht to adopt the following: A RESOLUTION APPROVING FINAL PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR BUNKER LAKE BOULEVARD NW FRONTAGE ROAD/JAY STREET REALIGNMENT. ,PROJECT NO. 09-22. WHEREAS, pursuant to Resolution No. 006-10 , adopted by the City Council on the 19t1i day of January , 2010 ,the City Enqineer 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 2nd day of March , 2010 . NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby approve the Final Plans and Specifications. . BE IT FURTHER RESOLVED by the City Council of the City of Andover to hereby direct the City Clerk to seek public bids as required by law, with such bids to be opened at 10:00 am, April 1 ,2010 at the Andover City Hall. MOTION seconded by Councilmember Bukkila and adopted by the City Council at a reqular meeting this 2nd day of March , 2010 , with Council members Kniqht. Bukkila, Gamache, Trude, Jacobson voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: . ~cJl~ 0 Mi helle Hartner - Deputy City Clerk I: 0 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RESOLUTION NO. R021-10 A RESOLUTION APPROVING RE-CERTIFICATION OF THE SPECIAL ASSESSMENT ON PIN 13-32-24-43-0004, PROJECT 08-37. WHEREAS, the special assessment in the mnount of $3,074.78 was removed in error from the 2010 tax certification report; and WHEREAS, the Deputy City Clerk has requested that the special assessment in the mnount of$388.59 be re-certified to PIN 13-32-24-43-0004 to the 2010 taxes. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Andover hereby approves the re-certification ofthe special assessment on PIN 13-32-24- 43-0004 in the mnount of$388.59 to the 2010 taxes. 0 Adopted by the City Council of the City of Andover this 16th day of Februarv . 2010. CITY OF ANDOVER Attest: ~~~ ~<~.~ Mf"chael R. Gmnache - Mayor \~. ,. " jdUWdl~ Mi elle Hartner - Deputy CIty Clerk 0 o o .0 I I I I , , 0 , I I I I I I I lOA:llW ':rq:m '1I l:mqJ!J'() ~ :.Lsa.L.L V /7//-;prg;( lIaAOGNV dO A.LD , , OWl 'A.mnIqadJO A:llp Ilt9T s!l{l uo laAopuv JO Al!;) aquo EJUUO;) Al!;) alp A:q paldopV ';)11 ssalalLM, I mal;) ql!M wawa:l1lJV aSllal al!S UOpllJ!UnWWo;) II 'V luaurqJllnv almaxa pUll UlJ!S Ol I I )[laD Al!;) pUll lOAllW alp Spal!p pUll (V waurqJllnv) wawaa.IT!ll aSllal alp saAolddll Aqalaq , I laAopuv JO Al!;) aql JO EJUUO;) Al!;) aqlllllp 'GaA 10Stru .LI as: 'truOdtruaH.L 'M.ON i 0 i ~pUll 'wawaa.IT!ll aql OW! papasu! uaaq aAllq sluamwOJ asoql ~waWaallJV i aSllal aql uo sluamwOJ pap!AO.ld pUll paMa!Aal Sllq kmlOnv Al!;) alp 'SVtrnaHM. I i ~pUll 'slluualull uoptl;)!unmwoJ SSapl!M I lJU!Jllld JO asodmd aqllOJ laMo.L laltlM. :>Ired asolI aql U! aJllds lOJ ;)1'1 ssalal!M. lllal;) lp!M (V luaurqJllnv) lUaWaallJll aSllalll palll!lOlJaU Stlq UO!lRqS!U!WPV Al!;) 'SVtrnaHM. I ~aHs aql uo I UO!pn.qSUOJ lJu!JuamwoJ OllOpd JaAOPUV JO Al!;) aql Ol ayqllldaJJll lUaWaa.IlJtl Ull alnJaxa ! HllqS ;)1'1 ssalal!M. mal;) lllql fUAOlddll JO UOmpUOJ II paJllld lpuno;) Al!;) aql 'SVtrnaHM. i ~pUll 'M.N laa;qs asolI ~~017TllllaMollalllM Al!J aql I I , ; UO Atll.lll llUUalUtl ssalal!M II HlllSU! Oll!UUad asn ItlUOmpUOJ II 'SUOpWUOJ SnO!.lllA Ol pafqns I '(OT-nOlI 'ON 'salI) paAO.lddll StlM pUll palsanbal Sllq ;)11 'SSapl!M. maD 'SVtrnaHM. I M.N .Latru.LS aSOlI ~~017T .LV Ga.L V;)011IaM.0.L lIa.L V M. A.LI;) aH.L NO ;)11 'SSaltruIM. lIVa1;) H.LIM. NOI.LV11V.LSNI VNNa.LNV .LarnIa.LNI 1I0d .LNaWatruDV aSVa1a.LIS NOUV;)INDWWO;) V DNIAOlIddV NOUD10Strn V OT-OWlI 'ON 'Stru I V.LOSaNNIW dO a.LV.LS . , 0 ! V)lONV dO A.LNDO;) I lIaAOGNV dO A.LI;) r I i I I i i ----- ---- CITY OF ANDOVER 4:) COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R019-10 A RESOLUTION APPROVING A COMMUNICATION SITE LEASE AGREEMENT FOR INTERNET ANTENNA INSTALLATION WITH CLEAR WIRELESS, LLC ON THE CITY WATER TOWER LOCATED AT 1717 CROSSTOWN BOULEVARD NW WHEREAS, Clear Wireless, LLC has requested and was approved (Res. No. R014-10), subject to various conditions, a conditional use permit to install a wireless antenna array on the city water tower at 1717 Crosstown Boulevard NW, and; WHEREAS, the City Council placed a condition of approval that Clear Wireless LLC shall execute an agreement acceptable to the City of Andover prior to commencing construction on the site; WHEREAS, City Administration has negotiated a lease agreement (Attachment A) with Clear Wireless LLC for space in the City Hall Campus Water Tower (Tower 2) for the purpose of placing wireless communication antennas, and; WHEREAS, the City Attorney has reviewed and provided comments on the Lease 0 Agreement; those comments have been inserted into the agreement, and; NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby approves the lease agreement (Attachment A) and directs the Mayor and City Clerk to sign and execute Attachment A, a Communication Site Lease Agreement with Clear Wireless LLC. Adopted by the City Council ofthe City of Andover on this 16th day of February, 2010 CITY OF ANDOVER ATTEST: ~JcJJ()./j~ Michelle Hartner, Deputy City Clerk 0 0 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 018-10 MOTION by Councilmember Jacobson to adopt the following: A RESOLUTION ORDERING IMPROVEMENT, DIRECTING PREPARATION OF PLANS AND SPECIFICATIONS AND APPROVING FINAL PLANS AND SPECIFICATIONS FOR PROJECT NO. 09-34 , FOR TRAFFIC SIGNAL AT HANSON BOULEVARD NW & 133RD AVENUE NW . WHEREAS, the City Council is cognizant of the need for the traffic signal improvements; and NOW, THEREFORE BE IT RESOLVED by the City Council to order the improvement of a Traffic Siqnal at Hanson Boulevard NW & 133rd Avenue NW, Project 09-43 and direct Anoka County/SEH to prepare the plans and specifications for such improvement project. WHEREAS, such final plans and specifications were presented to the City 0 Council for their review on the 16th day of Februarv , 2010 . 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 on a schedule set by the Anoka County Engineer. MOTION seconded by Councilmember Bukkila and adopted by the City Council at a reqular meeting this 16th day of Februarv , 2010 , with Councilmembers Jacobson, Bukkila, Gamache, Kniqht, Trude voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: 0 ~1;, llidflWnuu Mic elle Hartner - Deputy Clerk 0 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 017-10 MOTION by Council member Jacobson to adopt the following: WHEREAS, the City of Andover supports the grant application made to the Minnesota Department of Natural Resources for the Parks and Trails Legacy Grant Program. The application is to construct about 0.38 of a mile of paved trail for the Andover Station North Trail System. The trail system is located in Section 27 , Township 32, Ranqe 24 , and WHEREAS, the City of Andover recognizes the twenty-five (25) percent match requirement for the Parks and Trails Legacy 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 0 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 16th day of February , 2010. CITY OF ANDOVER ATTEST: 0 ~~&dl~ Mic elle Hartner - Deputy City Clerk 0 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 016-10 MOTION by Councilmember Jacobson 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 2007 feet of paved trail for the Andover Station North Trail Connection System. The trail system is located in Section 27, Township 32, Ranqe 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 0 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 Connection will be maintained for a period of no less than 20 years. Adopted by the City Council of the City of Andover this 16th day of February, 2010. CITY OF ANDOVER ATTEST: ~ - 0 ~ciPOA~ Mic elle Hartner - Deputy City Clerk 0 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 015-10 MOTION by Councilmember Jacobson to adopt the following: A RESOLUTION APPROVING FINAL PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR 2010 STREET RECONSTRUCTION , PROJECT NO. 10-2. WHEREAS, pursuant to Resolution No. 008-10 , adopted by the City Council on the 19t1i day of January , 2010 ,the City Enqineer has prepared final plans and specifications for Project No. 10-2 / " WHEREAS, such final plans and specifications were presented to the City Council for their review on the 16th day of February , 2010 . NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby approve the Final Plans and Specifications. 0 BE IT FURTHER RESOLVED by the City Council of the City of Andover to hereby direct the City Clerk to seek public bids aSfequired by law, with such bids to be opened at 10:00 a.m., March 22 , 2010 at the Andover City Hall. MOTION seconded by Councilmember Bukkila and adopted by the City Council at a reqular meeting this 16th day of February , 2010 ,with Councilmembers Jacobson, Bukkila, Gamache, Kniqht. Trude voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: ~~~~Clerk 0 0 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R014-10 A RESOLUTION APPROVING CONDITIONAL USE PERMIT REQUEST FOR A WIRELESS INTERNET ANTENNA INSTALLATION FOR CLEAR WIRELESS, LLC ON THE CITY WATER TOWER LOCATED AT 1717 CROSSTOWN BOULEVARD NW AND DESCRIBED ON ATTACHMENT A WHEREAS, Clear Wireless, LLC has requested a conditional use permit to install a wireless antenna array on the city water tower 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 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 ofthe City of Andover, and; C WHEREAS. The Planning Commission recommends to the City Council approval of the conditional use permit request; NOW, THEREFORE, BE IT RESOLVED, that the City Council ofthe City of Andover hereby agrees with the recommendation of the Planning Commission and approves the conditional use permit for a wireless internet antenna array, subject to the following conditions: 1) The applicant shall execute an agreement acceptable to the City of Andover prior to commencing construction on the site. 2) The antennas and associated equipment shall conform to the plans revised November 11,2009. 3) The applicant shall restore any areas of the subject property disturbed during construction of the tower to equal or better condition than currently exists. . 4) The conditional use permit shall be subject to a sunset clause as defined in City Code 12-14-6. Adopted by the City Council ofthe City of Andover on this 3rd day of February, 2010 CITY OF ANDOVER ATTEST: 0 ~~Jl~ ell ri!h;Jfvu /l Mi helle Hartner, Deputy CIty Clerk 0 Resolution R014-10 EXHIBIT A Legal Description THE W 330 FT OF NE1I4 OF SE1/4 OF SEC 22 TWP 32 RGE 24, EX THAT PRT OF FOL DESC TRACT L YG WITHIN SD W 330 FT: COM AT A PT ON E LINE OF SD 1/4 1/4 935.81 FT NL Y OF SE COR THEREOF, SD E LINE HAS ASSD BRG OF N 0 DEG 42 MlN 30 SEC W TH W 125.01 FT TO W RlW LINE OF CSAH NO 78 & POB, TH NO DEG 42 MIN 30 SEC W ALG SD W R/W LINE 41.34 FT, TH W 889.24 FT, TH S 0 DEG 21 MIN 31 SEC E 41.34 FT, TH E 29.86 FT, TH S 503 FT, TH W 17.47 FT, TH S 20 DEG 49 MlN 09 SEC E 55.74 FT, TH E 206.56 FT, TH EL Y 109.76 FT ALG A TAN CUR CONC TO S HA V A RAD OF 581.33 FT & A CEN ANG OF 10 DEG 49 MIN 06 SEC, TH EL Y 95.26 FTALG A REV CUR CONC TO N HA V A RAD OF 168.67 FT & A CEN ANG OF 32 DEG 21 MIN 29 SEC, TH EL Y 105.76 FT ALG A REV CUR CONC TO S HA V A RAD OF 281.33 FT & A CEN ANG OF 21 DEG 32 MIN 23 SEC, TH E TAN TO SDCUR 145.11 FT, TH S 20 FT, TH E 117.34 FT, TH N 557 FT TO INTERlW A LINE DRAWN W FROM POB, TH E 82.29 FT TO POB, EX RD, SUBJ TO EASE OF REC 0 0 CITY OF ANDOVER 0 COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R013-lO A RESOLUTION APPROVING THE CONDITIONAL USE PERMIT REQUEST FOR A WIRELESS INTERNET ANTENNA INSTALLATION FOR CLEAR WIRELESS LLC LOCATED ON THE CITY WATER TOWER IN ROSE PARK LOCATED AT 14057 ROSE ST NW AND DESCRIBED AS CITY PARK, NORTHGLEN, ANOKA COUNTY, MINNESOTA. WHEREAS, Clear Wireless LLC has requested a conditional use permit to install a wireless antenna array on the city water tower 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 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 ofthe City of Andover, and; 0 WHEREAS, The Planning Commission recommends to the City Council approval of the conditional use permit request; NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby agrees with the recommendation of the Planning Commission and approves the conditional use permit for a wireless internet antenna array, subject to the following conditions: 1) The applicant shall execute an agreement acceptable to the City of Andover prior to commencing construction on the site. 2) The antennas and associated equipment shall conform to the plans revised November 10, 2009. 3) The applicant shall restore any areas of the subject property disturbed during construction of the tower to equal or better condition than currently exists. 4) The applicant shall be required to obtain a conditional use permit mnendment to construct a monopole on the site at the time the existing city water tower is removed. 5) The conditional use permit shall be subject to a sunset clause as defined in City Code 12-14-6. Adopted by the City Council ofthe City of Andover on this 3rd day of February, 2010. CITY OF ANDOVER ~~~--< ATTEST: Michael R: amache, Mayor -- ~4j~H~c4f~~ Ml helle Hartner, Deputy City Clerk fi CITY OF ANDOVER 0 COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R012-1O A RESOLUTION APPROVING THE CONDITIONAL USE PERMIT REQUEST FOR A WIRELESS INTERNET ANTENNA INSTALLATION FOR CLEAR WIRELESS, LLC LOCATED AT 2620 BUNKER LAKE BOULEVARD NW LEGALLY DESCRIBED AS HIDDEN CREEK NORTH PARK, HIDDEN CREEK, ANOKA COUNTY, MINNESOTA WHEREAS, Clear Wireless, LLC has requested a conditional use permit to install a wireless antenna array on the subject property, and; WHEREAS, Clear Wireless, LLC has requested a variance to the collocation requirements of City Code 9-12-6, 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; 0 WHEREAS. The Planning Commission recommends to the City Council approval ofthe 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 for a wireless internet tower and antenna array, subject to the following conditions: 1) The applicant shall execute an agreement acceptable to the City of Andover prior to commencing construction on the site. 2) The applicant shall revise the plan set to locate ofthe tower, antennas and ground mounted equipment along the third base line of the ball field with assistance from city staff. 3) The applicant shall prepare a plan to provide screening to be reviewed and approved by city staff. 4) The applicant shall obtain a building permit for construction of the tower and associated equipment as required by City Code 9-12-9. 5) The applicant shall restore any areas of the subject property disturbed during construction of the tower to equal or better condition than currently exists. 6) The Conditional Use Permit shall be subject to a sunset clause as defined in City Code 12-14-6. Adopted by the City Council of the City of Andover on this 3rd da~F~ CITY OF ANDOVER ~ ~ .z:. ~EST~ <Michael R. Gmnache, Mayor 0 / f!ln tei cJJ~ Mi helle Hartner, Deputy CIty Clerk " 0 EXTRACT OF MINUTES OF A MEETING OF THE CITY COUNCIL CITY OF ANDOVER, MINNESOTA HELD: February 3, 2010 RES. NO. ROll-10 Pursuant to due call and notice thereof, a regular or special meeting of the City Council ofthe City of Andover, Anoka County, Minnesota, was duly held at the City Hall on February 3, 2010, at 7:00 P.M, for the purpose, in part, of considering proposals and awarding the sale of $3,200,000 General Obligation Open Space and Refunding Bonds, Series 2010A. The following members were present: Gamache, Knight, Jacobson, Bukkila, Trude and the following were absent: None Member Bukkila introduced the following resolution and moved its adoption: RESOLUTION PROVIDING FOR THE ISSUANCE AND SALE OF $3,200,000 GENERAL OBLIGATION OPEN SPACE AND REFUNDING BONDS, SERIES 2010A AND PLEDGING FOR THE SECURITY THEREOF SPECIAL ASSESSMENTS AND LEVYING A TAX FOR 0 THE PAYMENT THEREOF A. WHEREAS, the City of Andover, Minnesota (the "City"), held an election on November 7, 2006, at which the electorate approved the issuance of general obligation bonds in an mnount not to exceed $2,000,000 to finance the acquisition of land from willing sellers for the preservation of natural areas, water and air quality and wildlife habitat, for which spending would be subject to an annual audit (the "Project"); and B. WHEREAS, the City Council has heretofore determined and declared that it is necessary and expedient to provide moneys for a current refunding on March 15,2010 (the "Call Date") of the City's $2,450,000 original principal amount of General Obligation Permanent Improvement Revolving Fund Bonds, Series 2006A, dated May 10, 2006 (the "Prior Bonds"), which mature on and after February 1,2011; and C. WHEREAS, $1,480,000 principal amount of the Prior Bonds which matures on and after February 1,2011 (the "Refunded Bonds"), is callable on the Call Date, at a price of par plus accrued interest, as provided in the Resolution of the City Council, adopted on April 18, 2006 (the "Prior Resolution"); and D. WHEREAS, the refunding of the Refunded Bonds on the Call 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 0 E. WHEREAS, the City Council hereby determines and declares that it is necessary and expedient to issue $3,200,000 General Obligation Open Space and Refunding Bonds, Series 2455318vI 0 201OA, pursuant to Minnesota Statutes, (i) Chapter 475, to provide moneys to finance the Project and (ii) Chapters 429 and 475 for a CUlTent refunding ofthe Refunded Bonds; and F. WHEREAS, the City has retained Ehlers & Associates, Inc., in Roseville, Minnesota ("Ehlers"), as its independent financial advisor for the sale of the Bonds and was therefore authorized to sell the Bonds by private negotiation in accordance with Minnesota Statutes, Section 475.60, Subdivision 2(9) and proposals to purchase the Bonds have been solicited by Ehlers; and G. WHEREAS, the proposals set forth on Exhibit A attached hereto were received by the City Deputy Clerk, or designee, at the offices of Ehlers, at 10:00 a.m. on February 3, 2010 pUl'suant to the Preliminary Official Statement for the Bonds, dated January 19, 2010; and H. WHEREAS, it is in the best interests ofthe City that the Bonds be issued in book- entry form as hereinafter provided; and NOW, THEREFORE, BE IT RESOLVED by the Council ofthe City of Andover, Minnesota, as follows: 1. Acceptance of Proposal. The proposal of (the "Purchaser"), to purchase the Bonds, in accordance with the Preliminary Official Statement established for the Bonds, at the rates of interest hereinafter set forth, and to pay therefor the sum 0 of$ , plus interest accrued to settlement, is hereby found, determined and declared to be the most favorable proposal received, is hereby accepted and the Bonds are hereby awarded to the Purchaser. 2. Terms of Bonds. (a) Original Issue Date: Denominations: Maturities. The Bonds shall be dated February 18,2010, as the date of original issue and shall be issued forthwith on or after such date in fully registered form. The Bonds shall be numbered from R-1 upward in the denomination of $5,000 each or in any integral multiple iliereof of a single maturity (the "Authorized Denominations"). The Bonds shall mature on February 1 in the years and amounts as follows: Year Amount Year Amount 2011 2017 2012 2018 2013 2019 2014 2020 2015 2021 2016 2022 (b) Allocation. The aggregate principal mnount of $ maturing in 0 each of the years and mnounts hereinafter set forth are issued to finance the Project (the "Tax Levy Portion"); and the aggregate principal amount of $ matUl'ing in each of the years and mnounts hereinafter set forth are issued to finance the refunding of the Refunded Bonds (the "Refunding Portion"): 2455318vl 2 0 Year Tax Levy Portion Refunding Portion Total Amount 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 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 either or both of the pOliions of debt service in such mnounts as the City shall determine. If the source of the prepayment is special assessments pledged to and taxes levied for the Refunding, the prepayment shall be allocated to the Refunding Portion of debt service. 0 (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 fOlm of a separate single fully registered Bond for each maturity ofthe 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 mnount of that Bond. (ii) Upon initial issuance, ownership ofthe Bonds shall be registered in a bond register maintained by the Bond Registrar (as hereinafter defined) in the nmne of CEDE & CO, as the nominee (it or any nominee of the existing or a successor Depository, the "Nominee"). (iii) With respect to the Bonds neither the City nor the Bond Registrar shall have any responsibility or obligation to any broker, dealer, banle, 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 0 shown on the books and records ofthe 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 2455318vl 3 0 (A) the accuracy ofthe 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 mnount 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 0 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 ofthe 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, references to the Nominee hereunder shall refer to such new Nominee. (vi) So long as any Bond is registered in the nmne 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 therein or applicable thereto respecting the procedmes 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"). 0 (vii) All transfers of beneficial ownership interests in each Bond issued in book-entry form shall be limited in principal mnount to Authorized Denominations and shall 2455318vl 4 0 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 ofthe 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 ofthe reduction in principal mnount on the panel provided on the Bond stating the mnount so redeemed. 0 (d) Termination ofBook-Entrv Only Svstem. Discontinuance of a particular Depository's services and termination of the book-entry only system may be effected as follows: (i) The Depository may determine to discontinue providing its services with respect to the 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 ofthe Depository as provided in the preceding paragraph, and if no substitute securities depositOlY 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 ofthe Bond that the Beneficial Owners be able to obtain certificates for the Bonds, the Bonds shall no longer be registered as being registered in the bond register in the nmne of the Nominee; but may be registered in whatever nmne or nmnes the Holder ofthe Bonds shall designate at that time, in accordance with paragraph 10. To the extent that the Beneficial Owners are 0 designated as the transferee by the Holders, in accordance with paragraph 10, the Bonds will be delivered to the Beneficial Owners. 2455318vl 5 0 (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 ofthis resolution, the provisions in the Letter of Representations shall control. 3. Purposes: Findings. The Bonds shall provide funds to finance the Project and for a current refunding of the Refunded Bonds (the "Refunding"). The total cost of the Project, which shall include all costs enumerated in Minnesota Statutes, Section 475.65, is estimated to be at least equal to the mnount of the Tax Levy Portion of the Bonds. Work on the Project shall proceed with due diligence to completion. 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 Miunesota Statutes, Section 475.67, and shall result in a reduction of debt service cost to the City. 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, 2010, 0 calculated on the basis of a 360-day year oftwelve 30-day months, at the respective rates per annum set forth opposite the maturity years as follows: Maturity Yem' Interest Rate Maturitv Year Interest Rate 2011 2017 2012 2018 2013 2019 2014 2020 2015 2021 2016 2022 5. Optional 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 tlle Bonds subject to prepayment. If redemption is in part, the maturities and the principal mnounts 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 at least thirty days prior to the stated redemption date. 0 Prior to the date on which any Bond or Bonds are directed by the City to be redeemed in advance of maturity, the City will cause notice of the call thereoffor redemption identifying the 2455318vl 6 0 Bonds to be redeemed to be mailed to the Bond Registrar and all Bondholders, at the addresses shown on tlle Bond Register. All Bonds so called for redemption will cease to bear interest on the specified redemption date, provided funds for their redemption have been duly deposited. To effect a pmiial 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 mnount 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 mnount 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, ifthe 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 smne stated maturity and interest rate and of any Authorized Denomination or Denominations, as requested by the Holder, in aggregate principal mnount equal to and in exchange for the unredeemed portion of the principal ofthe Bond so surrendered.. 0 6. Bond Registrar. U.S. Banlc 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 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 OPEN SPACE AND REFUNDING BOND, SERIES 2010A Interest Rate Maturitv Date Date of Original Issue CUSIP 0 February 1, February 18,2010 24553t8vl 7 0 REGISTERED OWNER: CEDE & CO. PRINCIPAL AMOUNT: The City of Andover, Anoka County, Minnesota (the "Issuer"), certifies that it is indebted and for value received promises to pay to the registered owner specified above, or registered assigns, in the manner hereinafter set forth, the principal amount specified above, on the maturity date specified above, unless called for earlier redemption, and to pay interest thereon semiannually on Februmy 1 and August 1 of each year (each, an "Interest Payment Date"), commencing August 1,2010, at the rate per annmn specified above (calculated on the basis ofa 360-day year oftwelve 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 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 (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 nmne this Bond is registered (the "Holder" or "Bondholder") on the registration books ofthe 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 0 (the "Regular Record Date"). Any interest not so timely paid shall cease to be payable to the person who is the Holder hereof as of the Regular Record Date, and shall be payable to the person who is the Holder hereof at the close of business on a date (the "Special Record Date") fixed by the Bond Registrar whenever money becomes available for payment of the defaulted interest. Notice of the Special Record Date shall be given to Bondholders not less than ten days prior to the Special Record Date. The principal of and premium, if any, and interest on this Bond are payable in lawful money of the United States of America. So long as this Bond is registered in the name of the Depository or its Nominee as provided in the Resolution hereinafter described, and as those terms are defined therein, payment of principal of, premium, if any, and interest on this Bond and notice with respect thereto shall be made as provided in the Letter of Representations, as defined in the Resolution, and sUll'ender 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 nmne ofthe Depository or its Nominee. Ovtional Redemption. The Bonds of this issue (the "Bonds") maturing on February 1, 2019, and thereafter, are subject to redemption and prepayment at the option ofthe 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. Ifredemption is in part, the maturities and the principal mnounts within each maturity to be redeemed shall be determined by the Issuer; and if only part ofthe 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, 0 and interest thereon shall cease to accrue from and after the redemption date. Mailed notice of redemption shall be given to the paying agent and to each affected Holder of the Bonds at least thirty days prior to the stated redemption date. 2455318vl 8 C Prior to the date on which any Bond or Bonds m'e directed by the Issuer to be redeemed in advance of maturity, the Issuer will cause notice ofthe call thereof for redemption identifying the Bonds to be redeemed to be mailed to the Bond Registrar and all Bondholders, at the addresses shown on the Bond Register. All Bonds so called for redemption will cease to bear interest on the specified redemption date, provided funds for their redemption have been duly deposited. 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 matmity date a distinctive number for each $5,000 of the principal mnount 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 mnount 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 mnount 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 0 Bond or Bonds having the smne stated maturity and interest rate and of any Authorized Denomination or Denominations, as requested by the Holder, in aggregate principal mnount equal to and in exchange for the unredeemed portion of the principal ofthe Bond so . surrendered.. Issuance: Purpose: General Obligation. This Bond is one of an issue in the total principal mnount of $3,200,000, 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 ofthe State of Minnesota and pursuant to a resolution adopted by the City Council of the Issuer on February 3, 2010 (the "Resolution"), for the purpose of providing funds to finance the acquisition of land from willing sellers for the preservation of natural areas, water and air quality and wildlife habitat, for which spending would be subject to an annual audit, all as approved by the voters at the November 7,2006, election and for a current refunding of the Issuer's General Obligation Permanent Improvement Revolving Fund Bonds, Series 2006A, dated May 10,2006, which mature on and after February 1,2011. This Bond is payable out ofthe General Obligation Open Space and Refunding Bonds, Series 2010A Fund of the Issuer. This Bond constitutes a general obligation of the Issuer, and to provide moneys for the prompt and full payment of its principal, premium, if any, and interest when the smne 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 0 registered Bonds of other Authorized Denominations in equal aggregate principal mnounts at the principal office of the Bond Registrar, but only in the manner and subject to the limitations provided in the Resolution. Reference is hereby made to the Resolution for a description ofthe 2455318vt 9 0 rights and duties of the Bond Registrar. Copies of the Resolution are on file in the principal office of the Bond Registrar. Transfer. This Bond is transferable by the Holder in person or the Holder's attorney duly authorized in writing at the principal 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 nmne 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 mnount of this Bond, of the smne 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 nmne 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 Q 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 Obligations. The Bonds have been designated by the Issuer as "qualified tax-exempt obligations" for purposes of Section 265(b )(3) ofthe Internal Revenue Code of 1986, as mnended. 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. 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 Deputy Clerk, the corporate seal of the Issuer having been intentionally omitted as permitted by law. 0 2455318vl 10 0 Date of Registration: Registrable by: U.S. BANK NATIONAL ASSOCIATION Payable at: U.S. BANK NATIONAL ASSOCIATION BOND REGISTRAR'S CERTIFICATE OF CITY OF ANDOVER, AUTHENTICATION ANOKA COUNTY, MINNESOTA This Bond is one of the Bonds described in the Resolution mentioned /s/ Facsimile within. Mayor U.S. BANK NATIONAL ASSOCIATION St. Paul, Minnesota, /s/ Facsimile Bond Registrar Deputy Clerk 0 By: Authorized Signature 0 2455318vl 11 " 0 ABBREVIATIONS The following abbreviations, when used in the inscription on the face ofthis 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. C Dated: Notice: The assignor's signature to this assignment must correspond with the nmne as it appears upon the face of the within Bond in every particular, without alteration or any change whatever. Signature Guaranteed: Signature(s) must be guaranteed by a national bank or trust company or by a brokerage firm having a membership in one of the major stock exchanges or any other "Eligible Guarantor Institution" as defined in 17 CFR 240.17 Ad-15(a)(2). The Bond Registrar will not effect transfer of this Bond unless the information concerning the transferee requested below is provided. Nmne and Address: (Include information for all joint owners if the Bond is held by joint account.) 0 2455318vl 12 0 PREPAYMENT SCHEDULE This Bond has been prepaid in part on the date(s) and in the mnount(s) as follows: AUTHORIZED SIGNATURE DATE AMOUNT OF HOLDER 0 0 2455318vl 13 C) 8. Execution. The Bonds shall be in typewritten form, shall be executed on behalf of the City by the signatures of its Mayor and Deputy Clerk and be sealed with the seal ofthe 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 neveItheless be valid and sufficient for all purposes, the smne 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 the 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 smne 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 February 18,2010. The Certificate of Authentication so executed on each Bond shall be conclusive evidence that it has been authenticated and delivered under this resolution. 0 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 nmne 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 nmne 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 principal office ofthe 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 mal(ing the exchange is entitled to receive. All Bonds surrendered upon any exchange or transfer provided for in this resolution shall C be promptly canceled by the Bond Registrar and thereafter disposed of as directed by the City. 2455318vl 14 0 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 smne 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 oftransfer, in form satisfactory to the Bond Registrar, duly executed by the Holder thereof or his, her or its 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 ofthe 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 Deputy 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 Pavmeni: Record Date. Interest on any Bond shall be paid on each 0 Interest Payment Date by check or draft mailed to the person in whose name the Bond is registered (the "Holder") on the registration books ofthe 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 ofthe 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 nmne 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. Deliverv: Application of Proceeds. The Bonds when so prepared and executed shall be delivered by the Deputy Clerk to the Purchaser upon receipt of the pill'chase price, and the Purchaser shall not be obliged to see to the proper application thereof. 15. Fund and Accounts. 0 (a) Permanent Improvement Revolving Fund. The City Council has heretofore created a Permanent Improvement Revolving Fund pursuant to Minnesota Statutes, Section 2455318vl 15 " g 429.091. The Permanent Improvement Revolving Fund shall be maintained in the manner specified in the Prior Resolution until all the Refunding Portion of the Bonds and any other obligations made payable from the Permanent Improvement Revolving Fund (the "Additional Bonds") and the interest thereon and all improvements to be paid from the Permanent Improvement Revolving Fund have been fully paid. The Permanent Improvement Revolving Fund is intended for the payment, in whole or in part, ofthe costs (1) of "improvements" (as defined in Minnesota Statutes, Chapter 429) designated by the City for funding therefrom for which at least twenty percent of the costs thereof are to be assessed against benefited properties; (2) of water works, sewer system, or storm sewer system improvements described in Minnesota Statutes, Section 444.075; and/or (3) of such other improvements as may be permitted in accordance with the terms ofthe Subdivision (collectively, the "Revolving Fund Improvements"). (b) General Obligation Open Space and Refunding Bonds. Series 2010A Fund. For the convenience and proper administration ofthe moneys to be borrowed and repaid on the Bonds, and to make adequate and specific security to the Purchaser and holders fi:om time to time of the Bonds, there is hereby created a special fund to be designated the "General Obligation Open Space and Refunding Bonds, Series 2010A Fund" (the "Fund") to be administered and maintained by the Finance Director as a bookkeeping account separate and apart from all other funds maintained in the official financial records of the City. The Fund shall be maintained in the manner herein specified until all of the Bonds and the interest thereon shall 0 have been fully paid. 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 mnounts as follows: (i) Cavital Account. To the Capital Account there shall be credited the proceeds of the sale of the Tax Levy Portion of the Bonds. From the Capital Account there shall be paid all costs and expenses of the Project, including the cost of any construction contracts heretofore let and all other costs incurred and to be incurred ofthe kind authorized in Minnesota Statutes, Section 475.65, and a pro rata share ofthe costs of issuance ofthe Bonds. Moneys in the Capital Account shall be used for no other purpose except as otherwise provided by law; provided that the proceeds ofthe Tax Levy Portion ofthe Bonds may also be used to the extent necessary to pay interest on the Tax Levy Portion of the Bonds due prior to the anticipated date of commencement of the collection of taxes herein levied or covenanted to be levied. If, upon completion of the Project, there shall remain any unexpended balance in the Capital Account, the balance shall be transferred to the Tax Levy Debt Service Subaccount. (ii) Payment Account. To the Payment Account there shall be credited the proceeds of the sale ofthe Refunding Portion ofthe Bonds. From the Payment Account, on or prior to the Call Date, the Deputy Clerk shall transfer, from the Refunding POliion ofthe Bonds to the paying agent for the Prior Bonds, the amount of $ . The proceeds are sufficient, together with other funds on C deposit in debt service fund for the Refunded Bonds, to pay the principal and interest due on the Refunded Bonds due after the Call Date, including the principal of the Refunded Bonds called for redemption on the Call Date. The 2455318v1 16 0 remainder ofthe monies in the Payment Account shall be used to pay a pro rata share of the costs of issuance of the Bonds. Any monies remaining in the Payment Account after payment of all costs of issuance and payment of the Refunded Bonds shall be transfeued to the Refunding Debt Service Subaccount. (iii) Debt Service Account. There shall be maintained two separate subaccounts in the Debt Service Account to be designated the "Tax Levy Debt Service Subaccount" and the "Refunding 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: a. Tax Levy Debt Service Subaccount. To the Tax Levy Debt Service Subaccount there is hereby pledged and irrevocable appropriated and there shall be credited: (i) all taxes herein or hereafter levied for the payment of the Tax Levy Portion of the Bonds and interest thereon; (ii) a pro rata share of all funds paid for the Bonds in excess of the minimUlll bid; (iii) all funds remaining in the Capital Account after completion of the Project and payment of the costs thereof; (iv) all investment emuings on funds held in the Tax Levy Debt Service Subaccount; and (v) any and all other moneys which are properly available and are appropriated by the governing body ofthe City to the Tax Levy Debt Service Subaccount. The Tax Levy Debt Service Subaccount shall be used solely to pay the principal and interest and any premiUllls for redemption of the Tax Levy 0 Portion ofthe Bonds and any other general obligation bonds of the City hereafter issued by the City and made payable from the Tax Levy Debt Service Subaccount as provided by law b. Refunding Debt Service Subaccount. To the Refunding Debt Service Account there is hereby pledged and irrevocable appropriated and there shall be credited: (i) any balance remaining after the Call Date in the Prior Bonds Debt Service Accounts created by the Prior Resolution; (ii) any uncollected special assessments which were heretofore pledged for the payment of the Refunded Bonds and are herein pledged to the payment of the Refunding Portion of the Bonds; (iii) all investment earnings on funds in the Refunding Debt Service Subaccount; (iv) any taxes herein or hereafter levied for the payment of the Refunding Portion of the Bonds; (v) any and all other moneys which are properly available and are appropriated by the governing body of the City to the Refunding Debt Service Subaccount. The mnount of any surplus remaining in the Refunding Debt Service Subaccount when the Refunding Portion of the Bonds and interest thereon are paid shall be used consistent with Minnesota Statutes, Section 475.61, Subdivision 4. 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 0 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 ofthe proceeds ofthe Bonds or $100,000. To this effect, any proceeds of the Bonds and any sums from time to time held in the Debt Service 2455318vl 17 0 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 mnounts which under then applicable federal arbitrage regulations may be invested without regard to yield shall not be invested at a yield in excess ofthe applicable yield restrictions imposed by the arbitrage regulations on such investments after taking into account any applicable "temporary periods" or "minor portion" made available under the federal arbitrage regulations. 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 mnended (the "Code"). 16. Covenants Relating to the Tax Levy Portion of the Bonds. To provide moneys for payment ofthe principal and interest on the Tax Levy Portion of the Bonds there is hereby levied upon all ofthe 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 mnounts as follows: Year of Tax Levy Yem' of Tax Collection Amount 2010-2020 2011-2021 See attached schedule 0 The City included in its 2008 and 2009 budgets tax levies of approximately $160,000, these tax levies were used by the City to offset acquisition costs ofthe Project. The tax levies are such that if collected in full they, together with other revenues herein pledged for the payment of the Tax Levy Portion ofthe Bonds, will produce at least five percent in excess of the amount needed to meet when due the principal and interest payments on the Tax Levy Portion of the Bonds. The tax levies shall be irrepealable so long as any ofthe Tax Levy Portion of the Bonds are outstanding and unpaid, provided that the City reserves the right and power to reduce the levies in the manner and to the extent permitted by Minnesota Statutes, Section 475.61, Subdivision 3. 17. Covenants Relating to the Refunding Portion of the Bonds. (a) Assessments. The City has heretofore levied special assessments pursuant to the Prior Resolution, which have been pledged to the payment of the principal and interest on the Prior Bonds. All uncollected special assessments are now pledged to the payment of principal of and interest on the Refunding Portion of the Bonds. The balance ofthe special assessments shall be payable in equal, consecutive, annual installments with general taxes for the years shown below and with interest on the declining balance of all such installments as follows: Improvement Designation Levy Years Collection Years Amount Rate 2009-2012 2010-2013 $287,511. 70 6.00% (b) Tax Levy; Coverage Test. To provide moneys for payment of the principal and interest on the Refunding Portion ofthe Bonds there is hereby levied upon all of the taxable 0 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 yem's and in the amounts as follows: 2455318vl 18 0 Levy Years Collection Years Amount 2010-2020 2011-2021 See attached schedule The tax levies are such that if collected in full they, together with estimated collections of special assessments herein pledged for the payment of the Refunding Portion ofthe Bonds, will produce at least five percent in excess of the mnount needed to meet when due the principal and interest payments on the Refunding Portion ofthe Bonds. The tax levies shall be irrepealable so long as any of the Refunding Portion ofthe Bonds are outstanding and unpaid, provided that the City reserves the right and power to reduce the levies in the manner and to the extent permitted by Minnesota Statutes, Section 475.61, Subdivision 3. Upon payment of the Refunded Bonds, the taxes levied by the Prior Resolution in the years 2010 to 2012 shall be canceled. 18. 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 ofthe 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. 0 19. Prior Bonds: Security and Prepavment. Until retirement ofthe Prior Bonds, all provisions for the security thereof shall be observed by the City and all of its officers and agents. The Refunded Bonds shall be redeemed and prepaid on ilie Call Date in accordance with the terms and conditions set forth in the Notice of Call for Redemption attached hereto as Exhibit B, which terms and conditions are hereby approved and incorporated herein by reference. 20. Supplemental Resolution. The Prior Resolution authorizing the issuance of the Prior Bonds is hereby supplemented to the extent necessary to give effect to the provisions hereof. 21. Certificate of Registration. The Deputy Clerk is hereby directed to file a certified copy ofthis resolution with the County Auditor of Anoka County, Minnesota, together with such other information as the County Auditor shall require, and to obtain the County Auditor IS certificate that the Bonds have been entered in the County Auditor 's Bond Register and that the tax levy required by law has been made. 22. Continuing Disclosme. The City is the sole obligated person with respect to the Bonds. The City hereby agrees, in accordance with the provisions of Rule l5c2-12 (the "Rule"), promulgated by the Securities and Exchange Commission (the "Commission") pursuant to the Securities Exchange Act of 1934, as mnended, and a Continuing Disclosure Undertaking (the "Undertaking") hereinafter described to: C (a) Provide or cause to be provided to the Municipal Securities Rulemaking Board (the "MSRB") by filing at www.emma.msrb.org in accordance with the Rule, certain annual 2455318vl 19 0 financial information and operating data in accordance with the Undertaking. The City reserves the right to modify from time to time the terms ofthe Undertaking as provided therein. (b) Provide or cause to be provided, in a timely manner to the MSRB notice ofthe occurrence of certain material events with respect to the Bonds in accordance with the Undertaking. (c) Provide or cause to be provided, in a timely manner to the MSRB notice of a failure by the City to provide the annual financial information with respect to the City described in the UndeIiaking. (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 Deputy Clerk, or any other officer ofthe 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 ofthe Bonds, and (iii) acceptable to the Officers. 0 23. Records and Certificates. The officers ofthe City are hereby authorized and directed to prepare and furnish to the Purchaser, and to the attorneys approving the legality ofthe 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 smne appear from the books and records under their custody and control or as otherwise known to them, and all such certified copies, certificates and affidavits, including any heretofore furnished, shall be deemed representations of the City as to the facts recited therein. 24. Negative Covenant as to Use of Bond Proceeds and Proiect. The City hereby covenants not to use the proceeds of the Bonds or to use the improvements refinanced by the Prior Bonds (the "Project"), or to cause or permit them to be used, or to enter into any deferred payment arrangements for the cost ofthe Project, in such a manner as to cause the Bonds to be "private activity bonds" within the meaning of Sections 103 and 141 through 150 of the Code. 25. Tax-Exempt Status of the Bonds: Rebate. The City shall comply with requirements necessary under the Code to establish and maintain the exclusion from gross income under Section 103 of the Code ofthe interest on the Bonds, including without limitation (1) requirements relating to temporary periods for investments, (2) limitations on amounts invested at a yield greater than the yield on the Bonds, and (3) the rebate of excess investment earnings to the United States, if the Bonds (together with other obligations reasonably expected 0 to be issued and outstanding at one time in this calendar year) exceed the small issuer exception mnount of $5,000,000. For purposes of qualifying for the exception to the federal arbitrage 2455318vl 20 . I 0 rebate requirements for governmental units issuing $5,000,000 or less of bonds, the City hereby finds, determines and declares that: (a) the Bonds are issued by a governmental unit with general taxing powers; (b) no Bond is a private activity bond; (c) ninety-five percent or more ofthe net proceeds of the Bonds are to be used for local govermnental activities of the City (or of a governmental unit the jmisdiction of which is entirely within the jurisdiction of the City); (d) the aggregate face amount of all tax exempt bonds (other than private activity bonds) issued by the City (and all subordinate entities thereof, and all entities treated as one issuer with the City) dming the calendm' year in which the Bonds are issued 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; FUlihermore, with respect to the Refunding Portion of the Bonds: (e) there shall not be taken into account for purposes of said $5,000,000 limit any bond issued to refund (other than to advance refund) any bond to the extent the mnount of the refunding bond does not exceed the outstanding mnount of the refunded bond; 0 (f) the aggregate face mnount of the Refunding Portion of the Bonds does not exceed $5,000,000; (g) each of the Prior Bonds was issued as part of an issue which was treated as meeting the rebate requirements by reason of the exception for govermnental units issuing $5,000,000 or less of bonds; (h) the average maturity of the Refunding Portion of the Bonds does not exceed the remaining average matmity of the Prior Bonds; and (i) no part of the Refunding Portion of the Bonds has a maturity date which is later than the date which is thirty years after the date the Prior Bonds were issued. 26. Designation ofOualified Tax-Exempt Obligations. In order to qualify the Bonds as "qualified tax-exempt obligations" within the meaning of Section 265(b)(3) ofthe Code, the City hereby makes the following factual statements and representations: (a) the Bonds are issued after August 7,1986; (b) the Bonds are not "private activity bonds" as defined in Section 141 ofthe Code; (c) the City hereby designates the Bonds as "qualified tax exempt obligations" for 0 purposes of Section 265(b)(3) of the Code; 2455318vl 21 0 (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 2010 will not exceed $30,000,000; (e) not more than $30,000,000 of obligations issued by the City during this calendar year 2010 have been designated for purposes of Section 265(b)(3) ofthe Code; and (f) the aggregate face mnount of the Bonds does not exceed $30,000,000. Furthermore, with respect to the Refunding Portion ofthe Bonds: (g) each of the Refunded Bonds was designated as a "qualified tax exempt obligation" for purposes of Section 265(b)(3) of the Code; (h) the aggregate face amount of the Refunding Portion of the Bonds does not exceed $30,000,000; (i) the average maturity ofthe Refunding Portion ofthe Bonds does not exceed the remaining average maturity of the Refunded Bonds; 0 G) no part of the Refunding Portion of the Bonds has a maturity date which is later than the date which is thirty yeaJ.'s after the date the Refunded Bonds were issued; and (k) the Refunding Portion of the Bonds are issued to refund, and not to "advance refund" the Prior Bonds within the meaning of Section 149(d)(5) ofthe Code, and shall not be talcen into account under the $30,000,000 issuance limit to the extent the Bonds do not exceed the outstanding mnount ofthe Prior Bonds. 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 pm'agraph. 27. 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 ofthe 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 neveIiheless be discharged by depositing with the Bond Registrar a sum sufficient for the payment thereof in full with interest accmed to the date of such deposit. The City may also at any time discharge its obligations with respect to any Bonds, subject to the provisions 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 0 dates as shall be required, without regard to sale and/or reinvestment, to pay all mnounts to become due thereon to maturity or, if notice of redemption as herein required has been duly provided for, to such earlier redemption date. 2455318vl 22 0 28. Official Statement. The Official Statement relating to the Bonds prepm'ed and distributed by Ehlers is hereby approved and the officers of the City are authorized in connection with the delivery of the Bonds to sign such ceIiificates as may be necessary with respect to the completeness and accuracy of the Official Statement. 29. Pavment of Issuance Expenses. The City authorizes the Purchaser to forward the mnount of Bond proceeds allocable to the payment of issuance expenses to KleinBank in Chaska, Minnesota, on the closing date for further distribution as directed by Ehlers. 30. 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. 31. 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: Gmnache, Jacobson, Knight and the following voted against the smne: None 0 Whereupon the resolution was declared duly passed and adopted. 0 2455318vl 23 0 STATE OF MINNESOTA COUNTY OF ANOKA CITY OF ANDOVER I, the undersigned, being the duly qualified Deputy Clerk of the City of Andover, Minnesota, do hereby certify that I have compared the attached and foregoing extract of minutes with tlle 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 considering proposals and awarding the sale of$3,200,000 General Obligation Open Space and Refunding Bonds, Series 201OA. WITNESS my hand on February 2,2010. \'~Ulij{{L~ De ty Clerk 0 0 2455318vl 24 0 EXHIBIT A BID TABULATION 0 0 2455318vl A-1 0 EXHIBIT B NOTICE OF CALL FOR REDEMPTION GENERAL OBLIGATION PERMANENT IMPROVEMENT REVOLVING FUND BONDS, SERIES 2006A CITY OF ANDOVER, ANOKA COUNTY, MINNESOTA NOTICE IS HEREBY GIVEN that by order of the City Council of the City of Andover, Anoka County, Minnesota, there have been called for redemption and prepayment on March 15, 2010 those outstanding bonds of the City designated as General Obligation Permanent Improvement Revolving Fund Bonds, Series 2006A, dated as of May 10,2006, having stated maturity dates in the years 2011 through 2014, inclusive, and totaling $1,480,000 in principal in principal mnount and having CUSIP numbers listed below: Year CUSIP 2011 2012 2013 0 2014 The bonds are being called at a price of par plus accrued interest to March 15,2010, on which date all interest on the 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: February 3, 2010 BY ORDER OF THE CITY COUNCIL /s/ . Deputy Clerk *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. ,0 2455318vl B-1 0 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 010-10 MOTION by Councilmember Jacobson to adopt the following: A RESOLUTION ACCEPTING A CONTRIBUTION MADE TO THE CITY OF ANDOVER FOR SCOREBOARDS THAT ARE TO BE INSTALLED AT SUNSHINE PARK BALL FIELDS 1-6. 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 the Andover Athletic Association for scoreboards are to be installed at Sunshine Park Ball Fields 1-6. NOW, THEREFORE BE IT RESOLVED by the City Council to hereby accept the contribution, which is to be purchase 6 scoreboards by the Andover Athletic Association and installed at Sunshine Park. 0 MOTION seconded by Councilmember Kniqht and adopted by the City Council at a regular meeting this 3rd day of February 2010, with Councilmembers Jacobson, Kniqht, Gamache, Trude, Bukkila voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: ~ll Dip c1tax-lrv/u Mic elle Hartner - Deputy City Clerk 0 CITY OF ANDOVER COUNTY OF ANOKA 0 STATE OF MINNESOTA RES. NO. R009-l0 A RESOLUTION APPROVING THE CONDITIONAL USE PERMIT REQUEST FOR AN ANIMAL ASSISTED THERAPY TO BE LOCATED AT 16274 VERDIN STREET NW LEGALLY DESCRIBED AS: The East:y. of the North Yz of the Southeast 1/4 of the Northeast 1/4 of Section 16, Township 32, Range 24, Anoka County, Minnesota. WHEREAS, Russell Johansson, the property owner has requested a Conditional Use Permit to allow an animal assisted therapy 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 Pelmit, and; NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover has received the 0 recommendation of the Planning Commission and approves the Conditional Use Pennit for authorizing assisted therapy as proposed and subject to the following conditions: 1) Applicant shall submit documentation on annual basis verifying that a health/human service provider is directing the animal assisted therapy program. 2) Operational hours shall be limited to Monday through Saturday and between the hours of 7:00a.m. and 8:00 p.m. 3) The number of clients shall be limited to no more than two clients at anyone given time. 4) The number and types of animals used in the therapy program shall be limited to two miniature horses, two miniature pygmy goats, four chickens and three ducks. 5) The Conditional Use Permit shall be reviewed on an annual basis to evaluate the operational hours, the number and types of animals used iri the therapy program, the number of clients, and the verification that a health/human service provider is directing the program. Adjustments to the program shall be considered for review at that time. Adopted by the City Council of the City of Andover on this 19th day ofJanuary, 2010 CITY OF ANDOVER 0 0 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 008-10 MOTION by Councilmember Jacobson to adopt the following: A RESOLUTION ORDERING THE IMPROVEMENT OF 2010 STREET RECONSTRUCTION, PROJECT NO. 10-2 AND DIRECTING PREPARATION OF FINAL PLANS AND SPECIFICATIONS. WHEREAS, Resolution No. 102-09 of the City Council adopted on the 15th day of December , 2009, fixed a date for a public hearing; and WHEREAS, pursuant to the required published and mailed notice such hearing was held on the 19th day of January , 2010; and WHEREAS, all persons desiring to be heard were given such opportunity for same; and 0 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby order improvement Project No. 10-2 MOTION seconded by Councilmember Kniqht and adopted by the City Council at a reqular meeting this 19th day of January , 2010, with Council members Jacobson, Kniqht, Gamache, Trude, Bukkila voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: 0 " CITY OF ANDOVER COUNTY OF ANOKA 0 STATE OF MINNESOTA RES. NO. 007-10 MOTION by Council member Jacobson to adopt the following: A RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR THE IMPROVEMENT OF PROJECT NO. 09-10, DISEASED TREE REMOVAL/SANITATION ENFORCEMENT . WHEREAS, pursuant to advertisement for bids, bids were received, opened and tabulated according to law with results as follows: COMPANY 0-9.9" 10-16.9" 17-24.9" 25-34.9" 35" + Strong and $19.50 $22.50 $25,00 $30,00 $35,00 Sons S &S Tree $25,00 $35,00 $40.00 $50.00 $55.00 Living Water $30,00 $50,00 $70.00 $90,00 $120.00 Tree NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby accept the bids as shown to indicate Stronq & Sons Total Tree Service as being the apparent low bidder. 0 BE IT FURTHER RESOLVED TO HEREBY direct the Mayor and City Clerk to enter into a contract with Stronq & Sons Total Tree Service in the amount bid above for construction of the improvements; and direct the City Clerk to return to all bidders the deposits made with their bids, except that the deposit of the successful bidder and the next lowest bidder shall be retained until the contract has been executed and bond requirements met. MOTION seconded by Council member Kniqht and adopted by the City Council at a reqular meeting this 3rd day of February ,2010, with Council members Jacobson, Kniqht, 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: ~dJ chael R. Gamache - Mayor 0 ~{lj~lPPi.L:1I~ Mi helle Hartner - Deputy City Clerk 0 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 006-10 MOTION by Councilmember Jacobson to adopt the following: A RESOLUTION ACCEPTING AMENDED FEASIBILITY REPORT, 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 21st day of April ,2009, order the preparation of a feasibility study for the improvement; and WHEREAS, such feasibility study was prepared by the City Enqineer and presented to the Council on the .K. day of May ,2009; and WHEREAS, said feasibility study was amended by the City Enqineer and. presented to the Council on the 19th day of January, 2010; 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 0 estimated project cost of $288,100.00 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover that: 1. The City Council hereby accepts the Amended 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 $288,100.00 MOTION seconded by Councilmember Kniqht and adopted by the City Council at a reqular meeting this 19th day of January , 2010 , with Councilmembers Jacobson. Kniqht, Gamache, Trude, Bukkila voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER 0 ATTEST: ,.~ \~i118 (1' Mi elle Hartner - Deputy City Clerk 0 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA R005-10 A RESOLUTION AUTHORIZING APPLICATIONS FOR 2010 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 proj ects for the residents of the City for the 2010 fiscal year; and NOW, THEREFORE, BE IT RESOLVED, that the City Council hereby approves the 2010 0 Community Development Block Grant Projects and Budget as follows: 2010 Authorized CDBG Application with Requested Amount 2010 Proiect Proposal Watermain Construction Program $300,000 TOTAL $300,000 Adopted by the City Council of the City of Andover on this 5th day of January, 2010. CITY OF ANDOVER ATTEST: {-~l;P1rJJ~ MI helle Hartner, Deputy City Clerk 0 0 Resolution No. R004-10 Council Member Jacobson introduced the following resolution and moved its adoption: Resolution Providing for the Sale of $3,200,000 General Obligation Open Space and Refunding 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 $3,200,000 General Obligation Open Space and Refunding Bonds, Series 20l0A (the "Bonds"), to finance the acquisition of property for open space pursuant to an election held on November 7, 2006 in the City; and to current refund the City's outstanding Series 2006A Bonds for interest rate savings; 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. 0 2. Meeting; Proposal Opening. The City Council shall meet at 7:00 p.m. on February 3, 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 Bukkila and, after full discussion thereof and upon a vote being taken thereon, the following Council Members voted in favor thereof: Gamache, Knight, Trude and the following voted against the same: None Whereupon said resolution was declared duly passed and a Dated this 5th day ofJanuary, 2010. _. 0 0 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R003-10 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 2010 are the Andover office of Wells Fargo Bank Minnesota, N.A., the Andover office of US Bank and 1st Regents Bank. 0 BE IT FURTHER RESOLVED that Wells Fargo Investment Services Inc. and Wells Fargo Institutional Trust; US. Bank Institutional Trust; the Minnesota Municipal Money Market Fund; Village Bank; Bank of The West; Northland Securities; Comerica Securities Inc.; Morgan Stanley.; RBC Dain Rauscher Inc.; UBS Financial Services Inc.; and Morgan Keegan & Company be designated as additional depositories for 2010 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 sth day of January 2010. ATTEST: ~l~DiJ:dJ~ Mi eUe Hartner - Deputy CIty Clerk 0 0 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 002-10 MOTION by Councilmember Jacobson to adopt the following: A RESOLUTION APPROVING CHANGE ORDER #1 TO PROJECT NO. 09-11 , WATER TREATMENT PLANT BUILDING EXPANSION. WHEREAS, the City of Andover has a contract for Project No. 09-11 Water Treatment Plant Buildinq Expansion. with Gridor Construction of Buffalo, MN NOW THEREFORE, BE IT RESOLVED by the City Council of Andover to hereby approve the change order to Project No. 09-11. 0 Adopted by the City Council of the City of Andover this 5th day of January ,2010. CITY OF ANDOVER ATTEST: . Mic elle Hartner - Deputy City Clerk 0 0 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 001-10 MOTION by Councilmember Jacobson to adopt the following: A RESOLUTION ORDERING IMPROVEMENT AND DIRECTING PREPARATION OF PLANS AND SPECIFICATIONS FOR THE IMPROVEMENT OF PROJECT NO. 08-33, CITY BRIDGES SCOUR EVALUATION/REPAIRS. 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 Bridqes Scour Evaluation, Project 08-33; and BE IT FURTHER RESOLVED by the City Council to hereby direct t TKDA to C prepare the plans and specifications for such improvement project. MOTION seconded by Councilmember Bukkila and adopted by the City Council at a reqular meeting this 5th day of January , 2010 , with Council members Jacobson, Bukkila, Gamache, Trude, Kniqht voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: 0