HomeMy WebLinkAboutCC February 17, 2004
01\8 i W
DATE February 17, 2004
ITEMS GIVEN TO THE CITY COUNCIL
~ 2004 Overlay Project Feasibility Report
~ Sophies Manor Preliminary Plat
PLEASE ADDRESS THESE ITEMS AT THIS MEETING OR PUT THEM ON
THE NEXT AGENDA.
THANK YOU.
G:IDATAISTAFFIRHONDAAIAGENDAICC L1ST.doc
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
CITY OF
NDOVE
Feasibility Report
2004 Overlay Project
CITY PROJECT NO. 04-2
Prepared by:
February 2004
Engineering Department
City of Andover
1685 Crosstown Boulevard NW
Andover, MN 55304
o
c
c
c
c
c
c
c
c
m
~
~
o
c
c
c
c
c
~
--
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (763) 755-5100
FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US
February 9, 2004
Honorable Mayor and City Council
City of Andover
1685 Crosstown Boulevard NW
Andover, MN 55304
Re: 2004 Overlay Project (C.P. 04-02) Feasibility Report
City of Andover, Minnesota
Dear Mayor and City Council:
With your authorization, we are pleased to submit this feasibility report for addressing the proposed
project costs and estimated assessments for the 2004 Overlay Project for Kiowa Terrace and Valley
View Estates 2nd Addition. The streets in these neighborhoods have been identified by City staff as
being in need of repair, and they are included in the City Capital Improvement Plan.
The proposed improvements consist of reconstructing the streets to a 31- foot wide section from back
of curb to back of curb and constructing concrete curb and gutter, which is consistent withthe
current City of Andover policy and the typical Rural Residential Street Section detail.
The total estimated cost of the proposed improvements is $336,326.72. This estimated cost includes
construction costs, a 5% contingency, and indirect costs.
The proposed project would be funded by a combination of assessments and City funds. The
assessments would apply to the work associated with construction of the concrete curb and gutter.
The street repairs are proposed to be funded by the City Road and Bridge Fund. The assessments are
estimated to be $2,398.80 per unit for Kiowa Terrace and $3,042.18 per unit for Valley View Estates
2nd Addition. The City costs are estimated at $208,316.55 for the proposed improvements.
We recommend that the City Council review this report and, if acceptable, proceed with project
implementation as proposed.
Sincerely,
City of Andover Engineering Department
Q~CJ.~
. David D. Berkowitz, P.E. ~
City Engineer
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
FEASmILITY REPORT
2004 OVERLAY PROJECT
CITY PROJECT NO. 04-02
CITY OF ANDOVER, MINNESOTA
I hereby certify that this Feasibility Report was prepared by me or under my direct supervision and
that I am a duly Licensed Professional Engineer under the laws of the State of Minnesota.
~.~
David D. Berkowitz, P.E. .
License No. 26757
o
~
~
~
~
c
o
c
~
~
~
c
~
~
~
...
~
~
~
~
~
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
Overview
1.0 INTRODUCTION
2.0 IMPROVEMENTS
3.0 RIGHT-OF-WAY
. 4.0 PERMITS
2004 OVERLAY PROJECT
TABLE OF CONTENTS
Page No.
1
1
2
2
5.0 ESTIMATED PROJECT COSTS
2
6.0 FUNDING I ASSESSMENTS
2
7.0 PROPOSED PROJECT SCHEDULE
3
8.0 CONCLUSIONS & RECOMMENDATIONS
4
APPENDIX
Exhibit 1:
Exhibit 2:
Exhibit 3:
Exhibit 4:
Exhibit 5:
Exhibit 6:
Exhibit 7:
Exhibit 8:
Exhibit 9:
Project Location Map
City Standard Detail 508A., Typical Rural Residential Street Section
City Standard Detail 501, Surmountable Concrete Curb & Gutter
Kiowa Terrace Project Layout
Valley View Estates 2nd Addition Project Layout
Preliminary Cost Estimate - Kiowa Terrace
SUIDlJ.'iary of Project Costs and Assessments - Kiowa Terrace
Preliminary Cost Estimate - Valley View Estates 2nd Addition
Summary of Project Costs and Assessments - Valley View Estates 2nd
Addition
c
c
w
c
c
c
~
c
m
~
~
..
~
c
~
~
~
c
~
~
IiIi
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
2004 OVERLAY PROJECT
CITY PROJECT 04-02
1.0 INTRODUCTION
The City of Andover annually completes a street mill and overlay project in a portion of the City
in need of rehabilitation. The intent of this mill and overlay program is to provide the
community with a high quality transportation system and maintain a constant upkeep of the City's
street infrastructure. Rehabilitation of the streets reduces routine maintenance (crack sealing, pot
hole patching, etc.) in the area Long term, this reconditioning prolongs the structural stability of
the roadways, providing for a l~mger serviceable life. The mill and overlay projects would
consist of milling the existing street surface and constructing a new asphalt surface. Minor
restoration work would be included with the project. Per current City policy, in developments
with existing bituminous curb, concrete curb and gutter would be constructed. The concrete curb
and gutter is more durable than bituminous curb and it reduces the amount of maintenance
required by Public Works; The reconditioning of the streets and any associated work is typically
funded by the Road and Bridge Fund. Costs assoCiated with construction of concrete curb and
gutter and any subgrade correction work is typically assessed to the benefiting properties.
City staff evaluates each segment of roadway within the City and determines which roadways
and developments are in the most need of rehabilitation. These areas are outlined in the Andover.
Capital Improvement Plan (CIP). The areas identified in the CIP for the 2004 Overlay program
that would include newly constructed concrete curb and gutter are Kiowa Terrace and Valley
View Estates 2nd Addition. A Project Location map is attached in the Appendix as Exhibit 1.
2.0 IMPROVEMENTS
The proposed improvements would consist of milling the existing bituminous and utilizing it as
reclaimed base, constructing surmountable concrete curb and gutter, and paving 2Y:. inches of
bituminous over the top for a total width of 31 ' from back of curb to back of curb. This would
meet the current design standards for rural section residential streets. Any necessary
improvements to the existing storm sewer systems, including replacement of pipes, adjustment of
castings,etc., would also be completed at this time. Please refer to Exhibits 2 and 3 in the
appendix for the current standard City details for Rural Residential Street Section and
Surmountable Concrete Curb & Gutter.
Kiowa Terrace
Kiowa Terrace was constructed in 1979. At that time, the road was constructed with a pavement
section consisting of2" of bituminous wearing course over 4" of Class 5 aggregate base with
bituminous curb. The original street width is 31' from back of curb to back of curb. . The
proposed section would include surmountable concrete curb and gutter, 2Y:." of bituminous
" 1 -
c
o
[j
c
c
c
c
w
m
PIll
~
~
c
c
c
c
c
c
c
c
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
wearing course, and a 31' width back to back. A project layout for Kiowa Terrace is included in
the Appendix as Exhibit 4.
Valley View Estates 2nd Addition
Valley View Estates 2nd Addition was constructed in 1979. At thattime, the road was
constructed with a pavement section of 1 W' of bituminous wearing course over 3" of Class 5
aggregate base with bituminous curb. The original street width is 32' from back of curb to back
of curb. The proposed section would include surmountable concrete curb and gutter, 2 Yz" of
bituminous wearing course, and a 31' width back to back. A proj ect layout for Valley View
Estates 2nd Addition is included in the Appendix as Exhibit 5,
3.0 RIGHT -OF WAY I EASEMENT
All proposed improvements to the roadways would be contained within the existing 66'
right-of-way and existing utility easements.
4.0 PERMITS
The City of Andover Engineering Department would obtain any necessary permits for the
project.
5.0 ESTIMATED PROJECT COSTS
The total estimated project cost for the proposed street improvements are as follows:
Kiowa Terrace:
Valley View Estates 2nd Addition:
$175,346.84
$160,979.88
These estimated costs include construction costs, contingencies, and indirect costs. These
costs are estimated based upon preliminary design. The final cost will be based upon final
design, actual work completed by the contractor, and unit bid prices for the project.
Detailed cost estimates for each development are included in the Appendix as Exhibits 6 -
9.
6.0 FUNDING I ASSESSMENTS
The project is proposed to be funded by a combination of assessments and City funds. It is
proposed that City funds for the street reconditioning and the storm sewer adjustments
would come from the City Road and Bridge Fund as designated by the City Council. All
properties (including vacant lots if potentially buildable) within Kiowa Terrace and Valley
View Estates 2nd Addition would be assessed for concrete curb and gutter. Valley View
- 2-
c
ill'
Ii i
~
c
c
c
c
w
m
~
~
~
C
C
C
C
C
C
C
C
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
Park is located within Valley View Estates 2nd Addition. This is an unimproved park,
therefore it was not included in the assessment calculations.
The Andover Assessment manual lists four methods of assessments. They are: area, unit,
front footage (short side) and variable costs. For this project the per unit method would
be used to assess each property for their individual benefit. To achieve the rate per unit,
the total costs associated with construction of the concrete curb and gutter (which includes
construction costs and expenses) is divided by the number of occupied or potentially
buildable parcels within the development. Following are the estimated assessment rates
by development:
Kiowa Terrace:
Valley View Estates 2nd Addition:
$2,398.80/ unit
$3,042.18/ unit
The street COst and any storm sewer work is proposed to be funded by the City of Andover
Road and Bridge Fund. Detailed assessment worksheets are included in the Appendix as
Exhibits 7 (Kiowa Terrace) and 9 0' alley View Estates 2nd Addition).
7.0
PROPOSED PROJECT SCHEDULE
If the project is initiated the project schedule would be as follows:
City Council orders feasibility report
1/6/04
A neighborhood informational meeting is held
2/2/04
City Council receives feasibility report
2/17/04
A public hearing is held in front of the City Council
3/1104
Council authorizes preparation of plans and specification
3/1104
City Council approves plans and specifications and authorizes
Advertisement for Bids
3/16/04
Advertise in the Anoka Union and Construction Bulletin
3/26/04-4/9/04
Receive bids
4/27/04
City Council awards contract
5/4/04
Contractor begins construction
6/7/04
Contractor completes construction
8/20/04
- 3 -
c
w
u
u
u
c
c
c
~
~
~
c
c
c
c
c
c
c
c
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
8.0 CONCLUSIONS & RECOMMENDATIONS
8.1 Conclusions
As a result of this study, we conclude that:
1. The streets in this area need to be reconditioned and brought up to the
current standard with concrete curb and gutter.
2. The total estimated cost for the proposed improvements is $336,326.72.
These estimated costs include construction costs, contingencies and
indirect costs.
3. The project is feasible from an engineering perspective.
8.2 Recommendations
1. The City Council and City Staff reviews this report in detail.
2. A public hearing is to be held by the City Council to determine if the
project is to be carried forward as presented.
-4 -
c
o
u
u
u
c
c
~
c
~
c
c
c
c
c
c
c
c
u
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
APPENDIX
~
I, i
~
~
~
o
u
c
c
c
c
c
c
!'I'
...
c
c
c
c
c
c
~
w
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
City of Andover, Minnesota
Incorportated 1974
L.J //
L..I
'\
i'a
I
18
~
-
-
:J
I
-
-
~
1'-7
I-
/ ~~
~ -:!J"
LEGEND
_ROW
o Lots I Parcels
o Water Features
N City Limits
N Project Location
500
.,...........
CAPITAL IMPROVEMENT PLAN
PROJECT #: 04-02
PROJECT NAME: 2004 OVERLAYS
y
I'
Il-J
EXHIBIT #1
L
rT
T
..
y
T
"J
-- ------,
I
^
i77J ~ 1
wr ~'-
fj' I11I ""'-
II II III
1
I
--Arr
'-1\.
/ I
T
~
T~
I'---
L
L
u
-
/
~
---c,
\ r-
-
I
-
r
N
W*E
Location Map
~~;a.ffitt ~ -1(, ~
! i\!~ '-.- "lift ~ ~ r J.
il.. (. lG:'" \I-:: II./r-
, ~ A'....:; ~ ,
T ~.
)~'"J; T{-
L ~TI
s
o 500 1000 1500 Feel
: '
c
o
" '0
o
c
. ,~
~
~
t
C
C
C
C
C
C
C
c
m
c
I ~
z
~
oc CiS
I 0
0
Oz 0
oc It)
<(
0: 0
I 0 z
* ZlL.w ~
0
~ F=3:j!: 6 <fl
o:t w ~30::jz
::>Vl ...Jm
00: ~;it~~
I 0::> ;i:j .
t!l8 w <((/) ~:j<((/)F:?
. .......z (/) a...:r<(
en_ <( -<( .~x
~o:o::w m -lI)w
ow<(Vl ~...J~ 0:V5~t;~
I ~S~~ ~ (1)- o _
...Joo lL.(!)0<(1-
~ o <( w~O
I- >-:VI') fB ...J(/)w 3:~W 0
0 <(ll.> OO(/)Z
0 ~e::i::i ~ :r~<(
c-i II) a... ...J,.:(OO~
I ww t!l I ...Jo:zu
<(0<( :$
~~ ~ 0: -z W:r
o~o ~~~j!:~
I-_z
.J o~ o~fA -
000 <(- -
I !DID ~.Jfi1 wwa...lI)o ~
1')1') _ o.Jo!:!:!w ~
C'>IN c;;j z5~ <(::>I-I-~
~ .. N OF::> 0: 0 ..J'
Ofil UOI- (!)m~FZ ~Z W
0 wa... fd >-::>!Q :rw ::>W.
I 0:: a. Vl ll. !::~O gj!:~I=!j!:l5 t:=lO >
(,) en (/)
il'! ............ ...JII)Z ..........
Co fIlVl ....... F=Z_ o l5~(I)5 OOE-e
!D fIlVl en 0
ww II) ::>00 0: 'Z-O~
ZZ W -Ow Wll)-o:o:: ~~
I ~~ z 5~0 m~o:a...~~ ~ <[
00 ~
-- (,) FO:5 ...J::i::>WW<(
~~ - ~S!tj!:50:: ....::a 00 Z l-
iE ,.:(0:: a...
. . >lL.w :r lL.lL.OW 0
ZZ . <(...JO:: <[
I -- z UOO 1I)I=!00mN <E-4 C/)
::E::E _ ::J
--- ::0 Xenz ~~ZZ~F ~~ W
'b ....... Wa...<(
- . <(-00 0::
CD ~If!. og _ >O::FF ~ :::>~ u.. z
.....- ~ 0 a...-<(w
w 0
I O::t!l~ 5w~:j~.-: ~~ 0 Z
..OZ<( OJ!: <(0::0 ~~ t-t
II)C2F> m wl-(!)o ::E
1=!a...1I)...J lI)WCD
-<( N~iE~O::N
o ,XCI)
I Z..-W >-
in t,.)
Il'i ..... l-
I 0:: ~ t--I
w w U
0 t:O
<(
~ ::><(
e>o:: ~
I m ~:jen
'J ::>
en m<(~
0 0::1-(1)
~ ~ ::><(<(
0 ~O:: 0 o m
I 0 .o:z::
c-J O~ g: ow(,)
io WI- a... ZfIll-
...J::> <( 0::><(
me> (,)wO
<( como
I 1-0
Zz "lOoz
::><( l:!:!ml-<(
0 0
~ ::Em z
0::0::
I <' ::> ::>
:& eno
I
I
r
~
..
~
~
c
c
c
c
c
c
c
c
c
c
c
c
c
m
m
m
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
~
~
"
~
"
.
" ",6. "
" .
PERSPECTIVE
'<t
I
/ ~
V
. / 1/
,rv Q:
- .'
J!..' ~'.""'" '.
I
I 1/2"
I I
N
.........
....
:.,'4' y :,~~ ,,":: '~:6."'" : :". '~ :,"~ ,~'. ':~: ..~..~: .,:'. """"":'."-:"";:
I ' , . " 4 . '" ' . . 7. , .
.. .~: ~'. " . ';. ~','.'. ' ,..,' ~ ", ,": '",.. .~., ..:- .~ . ~".'.~ :. " .~..:..... ;': .... "::, :',: ' ,',:'"
4 ....' .,..... .~ ,- ',. ... '. .' . .
o
-
17 1 2" 10 1/2"
28"
SECTION
SURMOUNTABLE CONCRETE CURB & GUlTER
12/26/00
STANDARD DRAWING
NO.
501
@ CITY OF ANDOVER
EXt1H3 tT3
c
~
w
C
~
~
~
~
~
c
c
c
c
c
c
c
c
c
m
m
m
-------------------
UJ
o
~)>
r
=fT!
U:z
N"'T)
OfT!
OfT!
--I
~
CD
I
CD
o
'"
-J
9
.".
'"
'"
a
'"
-J
a
o
'" lil
()) -l
:!'; I
)>
r1i
z
C
JTl
:z
;:E
'"
-J
9
'"
())
.".
o
-i'-
o
o
COUNTY
C"TAT'C"
,."llnlL.
.,,'
"'V
H1GHWA Y NO. 7
'"
())
~
.".
.".
o
a
'"
())
:!';
.".
.".
9
N
o
o
m
o
o
0 ~~
~~ -t:tjl\j "'T)
0 ana ~
Oll ~oa UJ
fT!~~ >2:~ fT!
)>
x:;oc.... UJ. W
:r - fT! ~~UJ. "'T)r
- 0 0-
wS::-I :;o~
-1- t:Ij~~
-i'-~Z ~e~ :;0
fT!9 ~nt:lj fT!
UJ II
00 >~t:tj 0 :z
~t :;0
n-~ -I
N t:ljO
2:
- - - - - - - W!!II!!I _ '- j ~ '-21 .. _ ... Mil _ ... IIiiI t
-------------------
o
Ll
or,
(J1
N
'"
or,
.,..
(J1
ST. N.W.
'"
or,
'"
o
Ll
OJ
'"
.,..
-<
>
~
~
tTj
~
Ll
OJ
Ll
N
-<
~
tTj
~
Ll
OJ
o
'"
N GJ
Ul 0 '-J
'"
0 0 (J1
~J>
'M
/I z
N'1
0f1l .j>o.
0f1l
--I 0
0
lJJ
'-J 1
0 CD
0
.,..
Ol
0
0
~
0 l?-j-<:l?-jN
~~
Ul>(10 '1
0-0 >~~~O ~
O:;u Ul
f1lf$io t;>~ ~ m
X:;u<- t;~l?-jUl r
:r - f1l :=3l?-j~;aUl '1-
- 0 o~
m;S::-I
-1- too--4Ul ~ :;u
(J1~Z o -<:C:::~ :;u
f1l
f1l!J '.ZNt;j(1l?-j -0
Ul 0
00 '.Z~~l?-j :;u :z:
~t t; O~ -I
N '.Z
~
---~--
~
...
~ ,
",,- --'
~_J
~
~
..
..
..
I!i!iI
..
~
~
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
SUMMARY OF PROJECT COSTS FOR KIOWA TERRACE
Concrete Curb and Gutter (Assessable Costs)
Estimated Construction Cost
Indirect Costs (5 %)
$63,968.10
$3,198.41
$67,166.51
Streets
Estimated Construction Cost
Indirect Costs (5 %)
$102,241.39
$5,112.07
$107,353.46
Storm Sewer
Estimated Construction Cost
Indirect Costs (5 %)
$787.50
$39.38
$826.88
TOTAL ESTIMATED PROJECT COST
$175,346.84
SUMMARY OF CITY COSTS FOR KIOWA TERRACE
Reconditioned Stl'eets and Storm Sewer
Estimated Construction & Indirect Costs
$108,180.33
SUMMARY OF ASSESSABLE COSTS FOR KIOWA TERRACE
Concrete Curb & Gutter, Common Exc.
Estimated Construction & Indirect Costs
$67,166.51
$67,166.51 /28 UNITS =
TOTAL ESTIMATED ASSESSMENT PER UNIT FOR KIOWA TERRACE
$2,398.80 / UNIT
Summary of Project Costs and Assessments
Kiowa Terrace
EXHIBIT 7
04-2 Feas Cost Estimate.xls
c
C
t
t
C
C
~
C
~
C
~
C
C
C
C
C
C
C
o
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
2004 Overlay Project
Feasibility Cost Estimate - Valley View Estates 2nd Addition
C.P. 04-02
Estimated Construction Cost
5% Contingency
Total Estimated Concrete Curb & Gutter
Construction Cost
$1,500.00
$1,000.00
$16,335.00
$1,200.00
$0.00
$891.00
$4,917.00
$1,820.00
$680.00
$990.00
$3,448.50
$24,096.00
$22,542.00
$627.00
$700.00
$0.00
$2,800.00
$180.00
$6,050.00
$94,265.33
Preliminary Cost Estimate - Valley View Estates 2nd Addition
EXHIBIT 8
~
~
c
~
[C
~
m
c
.
w
C
C
C
C
c
c
c
c
c
w
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
SUMMARY OF PROJECT COSTS FOR VALLEY VIEW ESTATES 2nd ADDITION
Concrete Curb and Gutter (Assessable Costs)
Estimated Construction Cost
Indirect Costs (5 %)
$57,946.35
$2,897.32
$60,843.67
Streets
Estimated Construction Cost
Indirect Costs (5 %)
$94,265.33
$4,713.27
$98,978.59
Storm Sewer
Estimated Construction Cost
Indirect Costs (5 %)
$1,102.50
$55.13
$1,157.63
TOTAL ESTIMATED PROJECT COST
$160,979.88
$336,326.72
SUMMARY OF CITY COSTS FOR. VALLEY VIEW ESTATES 2nd ADDITION
Reconditioned Streets and Storm Sewer
Estimated Construction & Indirect Costs
$100,136.22
SUMMARY OF ASSESSABLE COSTS FOR VALLEY VIEW ESTATES 2ndADDITION
Concrete Curb & Gutter
Estimated Construction & Indirect Costs
$60,843.67
TOTAL ESTIMATED ASSESSMENT PER UNIT FOR VALLEY VIEW ESTATES 2nd ADDITION
$60,843.67 /20 UNITS =
$3,042.18 / UNIT
Summary of Project Costs and Assessments
Valley View Estates 2nd Addition
EXHIBIT 9
~
! i
..
~
~
C
, ~
~
C
C
~
~
~
, ,
, I
..
c
c
c
~
..
c
w
c
~
~
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
2004 Overlay Project
Feasibility Cost Estimate - Kiowa Terrace
C.P. 04-02
1
2
3
4
5
6
7
8
9
10
11
12 '
13
14
15
16
17
18
19
Preliminary Cost Estimate - Kiowa Terrace
EXHIBIT 6
04-2 Feas Cost Estimate.xls
~
c
~
~
~
w
m
m
m
c
c
c
c
c
c
c
c
C
M
..
(Il/22/I!004IQ,SG,27flMCsr
..
-:;-:-'-;" ---I
Jj If /l i I
I
R-4
~ ~,--J
" ~--=1
I.' t) :''',:,:''! t) ;..:,~.:
Fff!HD
ADD.
".:,>~:;';;~:~;;;
/
.;-:
~
~
(,) ,::.
'"
D~ '~:~
.0
-~~
'8~
.
a
I
I
I
I
I
I
I
g g
> z
:2 ~
g Vl
"
It
, ,
l:
~ ~ of:
i'
,
@o
P <t
~ Q ~
Doli
~
l{ Q'
9 r;
~ r
1 r-:t~
II~ &H
~ ~-..
~<')S
"t>~';-
~,~
I ~ ~
r" J
--
~
~
C":l
~
~~
~~
J~
~
~
gs
~~
~t;J
~ CI)'"
~
~~
~~
~~
~j;"
;r-l> -
: ~a ~
:ia~
i{()~~
it~~
~~ ~~
f~~~
~ ~~ ~
f;~~~
~2l
~€,
~.~
i',.
1!S::t
~~~
~ ~ ~~ g~~
~ ~ g~ ~S~
it t ZVl lIl::tD
~, ~ ~ ,'( ~~ ~g~
~ m ~~;= "'~p
S ~ :Q ~~ ~~
-< ,:; .,Ill:;>:] g~
):' ;%J ~~ ~<:7
~ ~ . ~ ~
"
;:; ~ it !!1 ~ ~
~R%~Qf
~~~t~~
nr~.i'
S" 1>" ~
;; ;; ,
Q. ~ ~
~ : ~
~ , .
~ l 1\'
. ~ r
~
~
UJ
>-3
m
c
010 ~ti:~
z
0'...............0:':1
2.2.. g g tIl
!:;:C ;~S
[~ ~ i R
. ~
Q.tn ..
06:
;<11
'il
r
~~
or
c
[~
_!,J
00
~~
a ~
~ "
,!,...
r
o~~ ~~
:;r;r::;;,i
-!!l.!!l.iT!!l........
sg~~o~
[i~~[~
~...:g IT
~~g ~
,
~
"
z
;;:
c
l::
zm::U-f
PJO>X
-?5~
~~:~
~!'-~
z>o
"z~
,0
~~
~>"
x ~
nn
~o~
~~.::E
~~-
;r.:".....
~ ~
.::E~o
:A~:
~~'"
NO~
~?~
g~~
;;;t~
!:l:z.~
oon
:~~
~~~
~n'
,,"'...
00
;..tII:E
,~Z
~~~
~z~
... ~
'" N
~ .
~ g~~
~O~
"~
~ ~
"'N>
ZA'"
~~~
;=~.....
~~:i
Pol'"I
oz
~i~
~;::..:::.
Zl:;.....
~~~
:r..,.....
~~~
~~~
ox_
~n,
~~.,..
~:;~
~~g
f~~
~~_r;
"'o~
o~o
~~~
. .-:1:
=;
.~
~ ~ ~
E: ::u><
~ ~g
.. ~ 0
o 0 N
~ NO
o 0 Z
o ~ ~
!':J"
6~
~.,..
If ;f
!!:;l
.,
. ,
~i
;1
il
.. : -.J
1 r ~,'
,.,1..
~ I~ ~
~I
11
,
g'l
~ i
- -
Zi! ~
~I
~I
it
~g~ };
c'=-t'C
~l~i!- J:1.
19f~
gg- c
g"f~
" . '"
~ ~
o
~
~
~
~~ H.
.1::1 "~p
~"'" ~.!
..~ :~s ~!~
gJ :'i I L::::
Q >i~ L.:=
o i~~ !~jt
Z jl Iii
~ 0 V'"
[;
,
i:':
o
c
so
m
'"
m
z
,
'"
... '"
~ 1..
~~
~~ f.~.~i ~
.> ~ ;., !::
.~ .-.
~ I[~ ~
.::<~ ~
~~c: C
12"~ ~
~f1~ :z
~t;;
"
r
_z
-;:
~~
0>
~'"
~~
:..?:
~
"''''
, ,
.~
@
"
~
~
...
-<
" ~ ~
(; jij <00
" ~~
~l> ~ ~
:r- 6 ~ ~~
~S '" i!' g~
0'" ~~
0 ~Hg >. ~ ~~~~~ ~~~~ ........h....h
m U ~ " e~~~
... :l S~! ~()Oi
l> ~~<::M ~ ~ ~ Ql~tII~ dl",
r= ;P2~'" ,~ ~ -ii::~I"l- ~~t118
~io~ ". s ~ !?~.[~ ~~~f2 3:~~$
~. ~ . - ~~~~
..' ~ , , ~m~ i ~ 'k::::!)i:
ia~ ~> s &i~!E~
,~ ~ eg~~ ...~~~ ~~~Yi
.>
~ '. . o.ptj 2i~ 2~~
~. ~ J -< .
.. '" -<
~ '"
~
Q
s
....:
g>
".9
;:,'
'"
'"
;1
!5'
fl
..
"
<
ill!
'l;'.":;'__
~~
i~ -
,-';.,.}
w
-'
w
<<
~
z
o
;::
""
>
w
-'
w
"
z
is
z
o
n.
~
a
2:
~
~
"
<
C)
~
V)
C)
CI)~
"'
f:i.l<>'<l
N
tr:j r~
~\.j
a~
tn~
~
~
~
2::
~
~
~
a
Cc;
h
2::
a
(..)
cS
'--
<
......
~
::r::
hl:;
\.j
,,// -rc{;r' _ 4
~-'f:;~"\,~~,\
di-tt~;;,
-:::::;i:;~;;;~):>:~~:~:-:c,~ -;d.,--- .-.'/,.,j -~::f:~:~~7:1;:(~;j-:------:-::"-!- -
---:- ,-~,\ /i/,P' /j,{::: 1 tcF9!~ I::; I 1..-fE9?B:.;~;EtS"d~P::::l 'd~J
'~ ~ I ,:'.,<,":;:,i!: '-I' )1"1-11 'I' --.'-nn---1'_.Lc-J'Ls-' .!....J-
11 : \', //_-:~,' J-- _ ---' ~~ I G~._ L ,- ---'1' - -- ,
~ \ : ; :,(~ :::, ,\/--:=:.=-:-::--.:..:::r-11 L \," DmIJiS-- ]'~J,l - 0'1'1;[1:- - -','
E {JL- J >==~:>-=~_::-='- -~~_:~~-=-=-:::~.::n~. -=-=-:. =- ~ "'. "-
","?
,}I
;+<dlJ
\~kl'
~2fj
!~
,
i: ~
i; ;~
~~ ,,~,
Zi[
,f~ "
~~ i~
z
o
~
~
~
~ w
,,~
,,~
- "
l'J~
" ,.
w
~~
!:ji
;;
~
..
o
~
~ e
.;..
iii
~'H
"
d
, !>,
1i(~,'C.~~~
~.,~: ': --iT~'-
Iii: J ;{'il'
~~l~~
~ ~
1
r,';'
"
~
~
~
iI
~
w
I
*
...,
::<
...
'"
'"
""
o'
'"
0..
..
~ni~
,'- I
!
;,~
~
~
ill!
~~~0
,ttrt- l
'{ -.._-,-f-Jl\'-'"t,-~,- t
~:~VL(,!~? ~
t:
1
(~
~
.-\:/l~?
I \; m !~
-1- }-~~
II ! II ;;, i~! ~
;1 ~i -!I!-':'~: ~ ,l~};l
1 -I -'1'1'-1 ~, ~'; Ul
. " :.:!_"
i ! m ~!'~ ~~2 .~.~
fill. ':(1 l~~=. I:
I 1 II 'j! g..s i U)
1,.1 q:i ~~~; ...;l
",I ':1 _1\1. ~.'> /t.'t -<
.,[. ~l ~,ill ..',.... ~ u
I l :1\\\:: ~ ~
1 _L~.~j_.___f ~
L!i
<5 _JI
~
".; 1 ~j I~; il ....-:
:;,;;,. I ':1> ::1'
~-j-~iti~"I--:'-~
L_ 1~-~1- '-~.I ----~
! I 3 i I I
I' '
-'
~
,0
_,'-.1
:., ~-i
=:
:?;;
~ ~!.~~
~:i .:..~ '"-.~,
')<~ ~~~~
~~~~ ~. .0-
~ I~!~i!i!l!!ii
ww
.._w
,:.iiii.2:
5:j~
Z4<
~~
~':::!
~8
~"
~~
.. 8
, '"
;)t ~
<
- -,
.'.::-i
F'
t~
~:::i
:=':1
",
0<
~~
, -
~ ~~
<
z
.,. ~-. c':'
-~
~o
G
~
'-i
~
let
,...
i~
'W;..'
I re ~~
I ~~:
...-
:z'7"
jll1::-!
'"
10
o
,.,
f. ~', ~
.!_; -;;, e
,;,.~
~t
~i:;: ';"
~.~~
"'''''';
;:: :z ~::
c. ;: ..,;.
~~ :~
~-
~2
~~,
,-,-,1-
.-=".';
.:)
s -:;
,...-.., ::.:
"
::: "" '"
;>
~i ~,~
w;:;
~ ~
B r~
"
,~, ,~ '"
- ,~', l
" :!:
,;C ,~
..J <:i
.'~ J
~!
~11
8
tG
'-.
~:<::;
0-<0::
k,~
..;E,
o
C,.)
~
"-,j
-<0::
.19
...J-::;
.. I..:l :;>
u~
\
\
\
\
\
,
\\\
, ,
,;-,--
~____r---
~~.
r~'~----~--~--
;// ;t'
,/ ,/
\
,', ...-.----
- '.
':,
.i,
._----~-.--~----.
---\---------
;<~~i~:;~:-~
/ i/fJ;;;:i
,
\
\
,
\
\('\\
'-, ;7
...........--- "
"'-" .
~ - .~-~~.....~
~;~~:.;; ~~~...
l-/' !.:':
;(,
1.-
1-
"
r-ib
tri;~
m'-~'
h"\;
J:O'.:"I
\~~~
i---~-
t ---...
"-,
"
'"\,\
jS;:I WI f.>E'lt'\11 tDO;U9~/1(l eUp"lf)8&-1Il\\6uP\8t-l)1l\r:n\!; '~:I"rO"d P",Q";:I\i)'''''''':.><Ji\\
\~1~\
,
';\ -:.J:~ '-,
r .~. t
'i;
,~ ;:, .....
;{~~~
~ ~ "
~~-l
r"
..!
:~:
aU~l:
~-~~~~~
.:- ::!.>;.:.".
~ l ~ I} ~
c
;.;;
"'
~~ ;.
!~
,0
F.iI
~ i; g ,; r~:.11,'
tt-iI ~~::.:: ::;:.-
.~~~!.., I.d '
f4l ~o:~, ~;~~~.:
~ DlDI :~~t~i~~r i:
iJi;,,~"'Z 1.:!1,:.:.:;;~..I'.
, ~~~< 'ai~~~h'
~
I
'-,.-- ~ -. -.--.--.. .- - '-- -,----
~~....
I
"T~
:
i
_.' i :J
,", " "
~,-~!, "
.:..;.2, ;:;
;:r: i
0.'~i' .,
C' ~ ~
',.. .I
~
..-
"
/,/
~...".._------,
~
j~:~ ~
~:.~ ~
I:il
Cl
E-o
:3
..J
<<:
8
""
><
E-o
H~" .. ~__. 0,'
~, L':"'."'::::','.;
'" '" "" I
"';:~
I"',
--
--
':;
~,
:)
~ '"
~ .f;'
"1:J
:r:
2 .n
UJ ~
If;;
a [;j
._-~--~--
Ct)
:t.. b <::l
..""-""..,,,,-~~----.., /~-_.- " : ~ ~ ~
" ~
C"':l ~
a ~
I II ~~ ~
I " Ct)"
I , , ::t>:a
I - , , ~ . , . '
I It . , @ .. P <l [) DO' ~~
0
I ~. I , ~ ~ ~
I , ~
0 g R R !jg ~~~ " ~ ;: . [ ? ~ ~ ~
'" w ~ ~
> z ~z g i: ~ ~ ~ .
" ;:1 ~ ~ 8~ a~~ ! J . . .
> ~ ~ l ~ t .' t
g ~ ~ " Z~ i I ~ t ~ ~ ~
~ ~ ~ .e.g~ t ~
.. m C~ n ~
rO s....~
~ ~ )!i= ~
S m ~ Zm ~~ S ~ . ~ ~
F ~ ~o ~~ H ~
" "''''
~ -"
~ '" ZQ Z
~ " ~
r '~ ~
"
~ ~
"
. @ .
. .
. .
. .
.
0 " g g
! ~
z z Z
~ ~ ffi
\'l \'1 II II
in ~ a ~
" Il
z z
" " ~ El
~ a S
~ " "
t ~ ~ ~
z z
~ ~ ~
~ ~
~ !ii !ii
~ ~
:!l ~
" ~
% a
" "
!ii %
"
~ ,.
!!l
~
II
r- Ii
~g~I~' l"'i!
~:i ~ ~~ II~-;.
-<'I1,.,-OlJllMl~
~2~;.< O:2!4 I.!!
~L ~,!iJ~ I'
~...= Cd '::! .'
~h ~~g r *~
~g~ ~~~!l:i!
~~~ "!~~ Oaliiil~
~~ ~ '-( .., ~
It-t+'i ~
'.,
~i
a
.
~~
xx
~~
0%
~Q
"
~~
~~
,,0
>~
h~
,,~
>'"
~~
"
%
~
~ @@@ ~
0; x
> ~
r "
" Q
N 0
m ~ ~ ~ ~
.. '" '" .. ~
> > 1\ ~ g
" " "
~ '" ~ ~ ~
~ :;! ~ ~ ~
~
~ i~
~ i~ ~ ~ ;
~~ !l!i
~~ .'~ ~~s
f(l :ii P
g ~"~ I ~"I
~Ji.5!l" lR
.~~ II~
~ ~~t.--
i~
"
ill
:~
i~
,
s @@@}@@@@@ ..
'"
l' a
..
0
::1
0
N g
m ~ ~ ;; m
.. ~ .. " io N ~ >
~ ~ a ~ "
l\ > > > ,.
> " g > " > > > g
~ " '" ~ '" ~ ~ ~
~ ~ :;! :;! >
~ '"
~ ~ ~ ~ ~
i
n
.
..
%E
~i
of,l
S!
;:
"
~
~
m'I'!
{~ ~l= ~..
.., " !~
If', -
d;, i~
~9 ~", l'
I' !
I
~ ~~
~ ~~
~ ~)o
;:S ~~
n
Z ~~~~ ~~~~
~ ~~<.J>!"l ~~~B
~ Co:I!'>ltJ)~
~::O~;t ~~);'~
t !ro:5f:'l I ~.:::!)O:
~~:t~ ~~~~
"'(/)ifCl <1l:t!Yi
~~. ~~s;
Q":S:; ~ifl
-llo~!"l
'< '<
~ ~
'" '"
~~~ ~~a~.g;:
~.,. 0 ;i;; :r,~:3.~
~ I... 2" 20", S IT
---lOG: 0_0'12:(,<
j~~l~ti' ~ ~~:;~
~... "" I I .....:,g a.-2l-..::
~~g~ ~~~.~~~
~ ; ~ ~ ~. ~:::
~f~g' : li3;~
~~~g.j_ Q ~O"'E-
....!i!......Z' ~ ~ ::Tn!:::.::I
g~ p ~f ::I ;~5-M
~~ I~. ..~ ~.~3.
~3 l~ 2.~32
--~ I~~ I ~:!-;'g
I I ~Q
.
~
~
<J~6
~~~
Vi'l:lt)~
~.~~~
~i:;: ~
~~~~
~~g~
~?2.~t:.
~rS
~"
~~
3::~
'"''
~
:s
!:l.;
>-.
h
.....
~
h
~
YJ>-.
~~
~~
,~ ~
a~
tI)~
!:l.;
~
a
~
~
,.
~
>-
~~~
-~~
~~lt)6}
~2~7
~~~~
~ln~l>:l
~~g~
V\1l:l>':"
_I.... '<1;......
t:
, I ,I
~~ :9 ~;
!B !~ ~i~
"! II ill
~. ~~ ~~i
" l, ;li
Z
2
Ii
:J
c
...w
;g
rJ'"
ilil'
~~
...0
ilz
-'
c
"
~
,...
I
~l
g,
II
I
.
'"'
<!
!;i
'"
"
Zo
0'
'"
ea
h ~
. .,
l~._
t
z
tl
>
~
~
i5
~
(~ t<'iS:Il
-<)'.'\Ql"'l/JIWl!l
:0 :;:
z ~, ~ "
" ~ c
1: ~ ~Z < f:'
u ~ m~ ~ej ~
< z~ ",>
l' . g~ wO "
~"
:il~ z <z S
0 ". 3<
::l~ :5 if.u "'~
.z > t::~ ~~ w
,< 'a ~~ l5 m.
"'I;; " <w '"
~ "'~ oz
~5 :~ ~o
~ 0", ~~
~> ~ N ~~
00 z 02&
5~ 'i 0< ::'0
<~ ~~ <
::I~ " z z~ ~lL
~~ ~~
<0 ~ ~'" ",0
~ '" ..; ~ "
.
~~< Z
~~~ 0
l"~ f3
i!~ ~
c.5
~
CJ5
to:;j
~~
~~
~
a
\..)
~
-.:r:
w
~
g
"'
Z
'i
z " N
.
" ~ ,; "
~ ~ . ~
~ ~ ~
"'z ~~~
< z ~V1
< ~~~
. "'~ <n~ 5:~3l:5 iD
8 00 0 ~.o.. ~ U
w<
<n ~~ <nO ~~:8 ~z
0 ~5 ~ ~~ z-
~ :';2 g ~0
0 .~ ~ ~
Ii' ~@ g:~ . . ~ A (.) ~~ roz
co-r....-n:: . .
"' ::J< ",< , , , I , ~ ~ ; , l WW^ :::!~ ~
~~~ 0" ~
~ ~~ ~~ I w' " J { , ~ ~ ~ ~ ~ "'~ ~
0 ow OW ".:IU ~ ~ ~ ~ 'A ~
"'2
:0 .:;~ ~~ 11:;01> " , ~ 0 ~~~ ",0 ~
" ""' "<n ;..J5 n:: . . t < M ,~ I ~ ! c" ~
3:0; We::: .h " . ""'
"-'1<.1 I,/)w ; 3 ti ~ '. ~ ~lO~ ~~
(r.V>==~ ~ ~ ,1 . ,] .. 0 ~ ~
I \ 0",
T ?i2~:i~~'l .'"
~~~5~ ~ P r} 0
T ~~~~~ .0 0 <') @
, . , ~
,
T ,
+
~
w :0
z ~
:J "'
t:' j
>
~ ~
OJ :;
"' S
':!. ~
~ w
~
.
" z
~ "
'"
0 Co
I
I
I
I
I
I
,
{-I..,
\~---_..~
:' //ii--------____~____~_
/ ,'/
---
~;//
\,~
/
,:'
w
Z
,:::in
~~~
"'"
,-:
--~-~:~~ ~~>t~
I
,I
"eo;?'
..,."" ",..."
-."" ",,,,,,,,, .
,;, . ,;, " . ~; .;
l=-- --: "-
r --<~'" ~
:sg I I 1
g"i:Lo,g ! ~til
] E-~~ :, }QI' ~.~
"u :~<o'w
lr~~ J ~~l ~~
. '- J v ~! I <:I 80
EOo:S 01 "t~~~~
a.Vt J IO~~"
... E e"O -;' ~;;. ':i! ,(!!!
5t~g ~: ~ ~~:~
~~~1%1;1\ !i~~
>-~"'3 c ~-" I 1...........-
:': '- <:,.... e. 1 1<:) 0'"
HUH i~P~
_~~d::~:;-iL 06fl!
.
e
!
....
Ul
=l
u
0::
><
...
.. . - ,
~= ;~-' ~~I
.iloIl",:g~' d
~'1l...7 ~"'~
lk =15~~ l?~~
II;::: - j Z...C; I
~ ~ ~!r~li~; ~!
J;iiI~ ~ 00<( "' -'ilOo~'I!
, ~1 ~ ~ ~ ~~~; :
i;;iIl "!is ~ z ~I-'" \
I------J
J1
~
<,
U -
(I]
~
U:il :is
s::
0..
...,
~ ~
o ~
-'
..
" ~ ----
"
\\HIc:<''''n2\C\Lond P",oJ.;oct" 3\LS:J\lla-1S\crv.e\lID-3eG~.rJ"9 (ll/2S/2004 Ill,59,2", 1111 Cs:r
I
-- "- ---. -- -- -.. _. :::.:.=:...~-=~~J-
,...;...r"~:7-:r',~"""',>\,;
\, ," t':"~':'~\.--;~~:~(.:.:-:
.\<'-......;~:~-~~~; ;y-
, '>
'\
".
~
'"
J
;!;
" I
c
T ~
~ "
~ <
>-
~. ,-
" ;;; og
0 ~~
Z " ~~
~ '"
~ ~ ~Cl n
" " ~~
::; ;~
~ II ~~
~ " " p~
a;
> :"'0 ~o
r. ~z
~ H 1.::1
[;; r.~ g~
~". :7.>
fA:'>- .~
~
.
~ d
- .J. .~
"
~HH~
'" -. _.-
[fHH
~.1
(,
'2
"
~'. ~
,
~ ~~
'.
"
'....
",
...............
'-'--,1
.,
..
i
'~~ '. -. . i
'-_.--'-'
..~;:L_
~---~-----'~'::;: -'~ '
~~~ '--.:;.
/ .- ....~ -- - ----,~
,,/.P~~,:,:'.:i:':::;':":':"::'::"::;'-.:
. _._-..~;
, .----
,'/
/ I
\'\
~.
i
'-...-:~'-
\,
\
.. "./
/'
'-"","---~--'--'
--~~----'-
/"
t\
\ 1\
\-)
"'tJ
~
t::--<
......
~
......
~
::4
~
"'<
~ CI)
:::,. a
~ b:J ~
b.-:j
<:J ;g t;3
a
~"1-j 1):1' trY
:h:a en
'<:::t1 ~
t;;3 ~
ys .::":
~
~ ~ <
~ a a
< ~
~
!;;;..
~
f--..j
~
~
~
a
~
l
~
<
'"
..
\
\,
\
\
,
I
,
I
~ "
,
~~::> I
I
~ , .~,
" 3
Ii ~ iJ
"
~; ?
"
;:-:
i' w cf ti ~
~~
$0: i?:
"
:;-
',",
'.
~1: " Q
i 1; 0
" rrl " v, ~ '.-".m::; .
~.' '-.-,",
~ ;z,,':: :;: -
-, c, ;;1 a2~. ~
>- ", ;; i
" ;,' ~ ~ ,/, ." ~~;
~ v, 0:-,'''''
", "";;,;,: ".
"
;; ~ ::.:. ~i!i
., ::~ ~~
:' " r~
n ~'.
" ."
~ -
i5 "
..
t
!/'---1
Ii;; I
'~~"I
~-,...." I'
!I ~; ~\;. .
g' ." 1\11, ,,1<
~~E t1 III !..~ I'
I; ~ ~; II. .1 I
~; ~ i III I il
M;; :5 "I~....t_n
~ ~ a /Ii 1 I'
;>~ l\ ili !
! - LJ" '
!, ;;f''' k I..
, L-!~. I'. I-
[-liil'
'"' R I I
1~11.1--1
~t, Ii
;~~-\\.__J.
HHHH~
~: :r .;?; :>r ~ o. ;.;' ~
nrm
~a z gg~
~o &. ~??g.
~~ ,;. ::J 0:
~. ~ a' ? ~
rJ ~ ~,p.
tr y> E: .. "
~ g.
~' :;: g n
is:
::;
~
::l
o
'<I
..
'"
'"
..
(!
,---J
. ~ (
. ~ j
,,/l,
g ~~:..: ~
~I
~
::J
;;;
;;
o
'<I
S;
'"
,.
l:"
Z
'"
~; " -
0
Iii '"
" "
0 if i.~
;; ~. ~
0 ~I':r
, g,
..
~ ~
c, '<
n i'::
"-
'" 2
~ t
u
'1 ~
" ~
. ~-
~ ~
'0'
" ~
"',
0
~ ~
0 ~'
c, O'
~ K
p'
a "
" ~.
c"
,
~>'g~;;~'f:~~
~]fL.~t~~F.~~
UHrH!
E~~S~ ~'gg
nmm
::~~ga ~5:~
lili r;,
r~' ~ ~ 1 ~
:= no ==- R!i
~ a ~ g'
~.' ~
~" "
- i.
~ 5
-l
..,
tl>
tl>
"1
tl>
-o='
~ g
'"
~ ~
.,.g
~t:;.
;:l g;
~~
=.:=
nO &r
.-<: -0
~
...,
..,
tl>
tl>
-l
.(d
tl>
":I
~
'"
'"
;;::l
tl>
"
<>
3
3'
tl>
,:l
g.
-
o'
::l
'"
:....
.,..
z
'"
""
,
,.
"',~
\:
'"
..
...,
..,
"1:l
~
..
.,..
'"
...,
'"
'"
~ '$::,a
[/) ~~~
~ ~d
g ~;i
'<I ~,~
-~i
~
"'. 0 Q'
0
g no ~
~ "
." 7-
0 ;i
.7.
v.
g
;:;
i
~~
~-~/--+~---j-~~_T,>Y~-~-
(, I'.. ,I
@ ,~":i:' ..:.~_._~~~~__':;"".,>
::J I I, ~.L______
~ --~,!, p 'r:.-~
"1:l ~:, :1:~;~[.~:1~:"'
t~
"
'."'c:.
~j
i;~
'i
a
~
r
~
2 E:
"
., ~
~!l!
~ hi
~ :z
r m
"' ~
~
r
r
~
il
'"
I ;;2~l j(
j~l: L.._=
',;,;1 "
.',\.:;.
~~~~
~a~
E'j:;z~
!~I!
~
~~~ :! ~t.
f-" ~~.
:;;;:
,:~.; ".~ ..
~~~ "' t.~.
;<'! ~.~ ~~
?!
~.
I
11'1'1
il '. lia
. !ni
l! '1.1;
i. I, ,Ii
~i
.Q:ij~5
- ~.
8Eqio
~~.~~
g.3~g
!~~~
-", E E~
:s~~~
~i~.! ~
~~-g!~
EiH
i 8.&~~
.;.. ~ ~kVi
I !
j ~i
~~
~4!
",
. ~I
! ,g
~ ~
"
>- >-
<J~1l ~1l
~~a~ ~.,
'" ., ~~~:;
~~~1 i2~~~
1,.l",::Il1
~~ef~ ~~I:i~ '"
f-
(jll')~~ fi~~~ ;;;
~ti~~ ...,,~t2
'O{...'tt:. .I!J~oqt;.
~S "
~"
~~ i:l
",!il ~
~~ ~
i' I II
I'llll ~i
!! I!;! I ~
1i!111 - !
.II i -j~r'l ~
[} . '",
. ./ '"
U !~ 'i( h.~
_ ~:It .:: t:l oo!
, il ":1"1 ~
.. i
g! 1i4
I J-
~
~
~
~~
c~
~~
t:~
~~
~'""-1
~
(fJi:::l
'"
f::l~
~~
cV:i
t/J~
~
~
V:l
i'i
1=
i~
~~
lje
h
~z
In
~
,~
<:
I
h
~,
f
~
.,
-1ii i
.i~ g~._
liil;l 'ilia ~
a,i h~
~ 1!:!Jl
H~ !~;~!
!~h ~~
a~ h~ ~
! iJi ~
"
i!-~
1tfJ1 ~ ~
~~u;
. :~7
, ~~~
!<llt,....
ti!i'rJ
~ I ~~b
1'41
t5
~
~~
~
~~
k.~
<:;)
'-:l
~
~
" ~
m,
u ~
"z
n 0 z-
~ ~ ~~ ~ ~ ~
, ~ ~ mz " >
~ g .< ~ ~ ;;
" ~ H g ~~ 1
~ ~ .. ~ ., ,
~ J s ~ a ~ ~ ~ ~ .
~ ~ I . :::8 ~
" ~ . ~ ~ . . ~
~ ~ ~ ~ ~ :> ~
~ . ~ ~ I " ~ > . i
; ~ " " " ~ z., ~
~ <f . ~ ~2 ~ "'" ~ ~
c.,
I . ~ ~ I
0 I
po !? l> p i til@ n ;
, . , . ; -
, i I I
, I i
, ,
eJ ~
""B
u
CIl
,- ~ U. 3
5':
, '" .
""
I>: ~
'-' ~
/
..
It)
~
-.J
l<J
G::
....~-----~~~
DC'!
SNOfIVWOJ
~--."
r -;~"'"
\
\
1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304. (763) 755-5100
FAX (763) 755-8923. WWW.CI.ANDOVER.MN.US
TO: Mayor and Council Members
FROM: John Erar, City Administrator
SUBJECT: Supplemental Agenda Items for February 17,2004 Council Meeting
DATE: February 17,2004
The City Council is requested to review the supplemental material for the following Agenda
Items:
Acceot Additional Information under Discussion Items
Item # 23. Consider Preliminary Plat/Sophie's Manor/1021 Crosstown Blvd. (Supplemental)-
Planning
1 rar
ity Administrator
CITY OF
NDOVE
~
1685 CROSSTOWN BOULEVARD NW. . ANDOVER, MINNESOTA 55304. (763) 755-5100
FAX (763) 755-8923 . WWW,CI.ANDOVER,MN.US
CC:
Mayor and Councilmembers
John Erar, City Administrato~
Will Neumeister, communitjDevelopment DirectorWL
TO:
FROM:
SUBJECT: (Supplemental) Preliminary PlatfSophies Manor/1 021 Crosstown Blvd.- Planning
DATE:
February 17, 2004
INTRODUCTION
Attached please find two letters from Anoka County Transportation Department that relate to
the Preliminary Plat for "Sophie's Manor". Council is being given both letters since the latest
letter refers back to the County's original comments.
DISCUSSION
Staff would like the opport\mity to discuss the roadway/design issues raised in these letters at a
City Council workshop next week (February 24, 2004).
ACTION REOUESTED
Council is asked to receive the letters from Anoka County Transportation Department and
consider tabling the item related to the Preliminary Plat for "Sophies Manor" until the March 2,
2004 City Council meeting. This would allow the City Council to discuss the details of the
latest letter from the County (at the February 24lh Council workshop) before a final decision is
made on the Preliminary Plat design.
Respectfully submitted,
Wi~ter
Attachments
Anoka County Transportation Department Letters
COUNTY
OF
ANOKA
Public Services Division
HIGHWAY DEPARTMENT
1440 BUNKER LAKE BLVD; N.W., ANDOVER, MINNESOTA 55304
(763) 862~4200 FAX (763) 862-4201
,,!oe\'JEO
January 24, 2004
JAM 17 2004
'\
Courtney Bednarz
City of Andover
1685 Crosstown Blvd. NW
Andover, MN-'-55304 ---
~",:",:,;"".,,,,...
f."';.'.,"',..,':.,'
~~., ." ."
RE: Preliminary Plat
Sophie's Manor
Dear Courtney:
We have reviewed the preliminary plat for Sophie's Manor, located north of CR 18 (Crosstown Blvd.) and
west of the BNSF Railroad within the City of Andover, and I offer the following comments:
An additional 27 feet of right-of-way north of CR18 will be required for future reconstruction purposes
(60 feet total right-of-way width north of CR 18 right-of-way centerline).
As submitted this plat would not introduce any new street connections on the' county highway system,
which is acceptable to this department. However, subsequent correspondence received from the City of
Andover indicates that while there is the plan/desire to have a future connection from this plat to CR 18 at
Wintergreen St NW, this property is not owned by the current developer and consequently, would not
likely develop at the same time as this plat based on current information. Informal discussions with City
of Andover staff indicate that the city believes that significant issues would be raised by neighboring
residents in the adjacent developments should this plat be approved to move forward without its own
separate outlet to the county highway system. As a result, the city has asked this department to consider a
temporary access point to CR 18, to be located somewhere within Lots 5, 6, 7, 8 or 9 of Block 3 of the plat
submitted. The city has indicated that if approved, this access would be temporary in nature, and they
would commit to its removal once a permanent access could be established on the Wintergreen St NW
alignment. As a part of evaluating this request for a temporary access to CR 18 as well as the proposed
future connection of Wintergreen St NW to CR 18, it should be noted:
1. There are no current plans or funding secured to reconstruct this section of CR 18;
2. This route is classified as a B Minor Arterial, and consequently is currently ineligible to receive
federal funding;
3. Access spacing on B Minor Arterials is to be Y, mile or greater;
4. There are severe pre-existing deficiencies in the NW quadrant of the BNSF railroad crossing on
CR 18. (Improvements can be made through clearing and/or grading by Developer as well as by
building setbacks established by the city through the approval process for this plat);
5. DeCision sight distance for CR 18 vehicles approaching the BNSF railroad crossing is
approximately 500ft;
-2.-
Affirmative Action I Equal Opportunity Employer
Courtney Bednarz
Preliminary Plat Sophie's Manor
January 26, 2004
Page Two
6. While the Wintergreen StNW alignment appears to be at an acceptable location in relation to the
decision sight distance area for vehicles traveling on CR 18 approaching the BNSF railroad
crossing, it is not in compliance with the access spacing guidelines for this route due to the
proximity of existing local intersections;
7. This plat contains 46 single family lots (plus 1 outlot with an undefined use) and can be expected
to add approximately 460 new trips to the surrounding county highway system;
8. There are no turn lanes present nor any proposed to be constructed in conjunction with this plat
on CR 18 at any of the affected roadway connections (Vale St NW/CSAR 20, CR l8/Avocet St
NW, CR l8/future Wintergreen St NW).
Based upon our current procedure for the incorporation of roadway improvements on the county highway
system in conjunction with adjacent plat development for traffic safety purposes, the lack of any secured
funding for any potential reconstruction of CR 18, and the size of this development (46 single family
residential lots), the construction ofleft and right turn lanes on the county highway system at the affected
access points is warranted for this development. Since there is not a firm commitment from the city or the
developer as to a defined location for a temporary access to CR 18 as an interim measure to a connection
at the Wintergreen St NW alignment, nor a defined period of time that this temporary connection would
remain inplace, it is not possible at this time to determine what requirements this department would have
for turn lane construction on CR 18 at a temporary access location, nor the other affected access locations.
Since there is no secured funding on the horizon (5-10 years :J:) for a reconstruction project on this route,
and plans for new development projects along CR 18 are increasing significantly and are imminent, it is
obvious that turn lane construction on CR 18 will need to be a part of each development proposal as they
are approved, or traffic safety for all road users will be negatively affected. At this point I would suggest
that before this plat be approved for development, additional discussions between city and county staff
take place to further define and evaluate the current development proposals affecting the CR 18 corridor as
a whole, in an effort to ensure that value-based decisions can be made regarding access spacing within the
developments and development-driven turn lane construction that is to consequently take place on the
county highway system. Please note that it is our recommendation that the proposed Wintergreen St NW
south of l55thAve NW should be a cul-de-sac with no direct connection to CR 18, all access for this plat
be made via existing local roadways (Avocet Street NW in the Chesterton Commons Plat to the west of
CR 18, and Vale St NW through the Red Pine Fields Plat north to CSAR 20), and no temporary
connection be made to CR 18 for this plat. To address the safety issues associated with the turning
maneuvers at both of these intersections, right turn lanes and bypass lanes should be constructed at both
locations (CSAR 20N ale St NW and CR 18/ Avocet St NW - concept plan attached).
All lots within this plat will have direct access available via the local roadways, and the right of access
along CR 18 (including Lot B) shall be dedicated to Anoka County. Any existing access/driveways/field
entrances onto CR 18 within the boundaries of this plat shall be removed in conjunction with this
development and the CR 18 ditch restored to match the existing grade/slopes.
Grading plans and drainage calculations will be required to be submitted and reviewed by this department
for this development ($150.00 engineering plan review fee). The post-develop rate of runoff to the county
highway system must not exceed the pre-developed rate runoff for the 10-year critical design storm.
Additional engineering plan review fees may apply pending the decisions by this department for turn lane
construction on the county highway system in conjunction with this plat.
-3-
Courtney Bednarz
Preliminary Plat Sophie's Manor
January 26,2004
Page Three
It should be noted that residential land use adjacent to highways will usually result in complaints regarding
traffic noise. Traffic noise at this location could exceed noise standards established by the U.S.
Department of Housing and Urban Development and the Minnesota Pollution Control Agency. Anoka
County policy regarding new developments adjacent to existing county highways prohibits the expenditure
of highway funds for noise mitigation measures. The City and/or the Developer should assess the noise
situation and take any action deemed necessary to minimize associated impacts at this site from any traffic
nOIse.
A permit for work within County Right-of-Way is required and must be obtained prior to the
commencement of construction. (Access permits = $150.00/each; Work within ROW permits =
$IIO.OO/each) License Permit Bonding, methods of construction, design details, work zone traffic control,
restoration requirements and follow-up inspections are typical elements of the permitting process. Contact
Roger Butler, Traffic Engineering Coordinator, or Josie Scott, Permit Technician, for further information
regarding the permit process. Installation of any necessary permanent traffic control devices within the
County Right-of Way associated with this proposed development will be coordinated, installed, and
maintained by the Anoka County Highway Department as part ofthe permit process.
Thank you for the opportunity to comment. Feel free to contact me if you have any questions or would like to
set up a meeting to discuss the issues associated with this plat.
Sincerely,
c5kd7~
Jane K. Rose
Traffic Engineering Manager
xc: CRI8/PLATS/2003
Mike Kelly, Chief Right-of-Way Agent
Larry Hoium, County Surveyor
Roger Butler, Traffic Engineering Coordinator
Josie Scott, Permit Technician
Tom Hornsby, Traffic Services Supervisor - Signs
-1--
COUNTY OF ANOKA
Public Services Division
HIGHWAY DEPARTMENT
1440 BUNKER LAKE BLVD. N.w., ANDOVER, MINNESOTA 55304-4005
(763) 862-4200 FAX (763) 862-4201
February 17,2004
Courtney Bedoan
City of Andover
1685 Crosstown Blvd. NW
Andover, MN 55304
RE: Revised. Preliminary Plat
Sophie's Manor
Dear Courtney;
We have met informally with City of Andover staff and reviewed the revisions you have asked us to
consider regarding the preliminary plat tor Sophie's Manor, located north of CR 13 (Crosstown Blvd.)
and west of the BNSF Railroad within the City of Andover. We continue to stand behind our comments
from our previous letter regarding this plat dated January 24, 2004 and 1 offer the following comments
regarding the changes to the plat, which you asked us to consider:
The existing intersections and those proposed within the City of Andover's Transportation Plan along
this section of CR 18 do not meet current AClID access spacing guidelines. The proximity of the
BNSF railroad crossing on CR 1 g compounds the access spacing issue, llDd it becomes more difficult
to find a balance between access spacing issues and providing public safety far road users. We would
allow a roadway connection from this plat as a secondary intersection, eithor at the Wmtergreen 5t
NW alignment or at the location provided by the City of Andover in follow-up correspondence
(between Lots 3 and 4 of Block 3), provided that a right turn lane on CR 18 is cons1rUcted in
conjunction with this new secondary ac.cess point, llDd it be configured as a secondaty access point
(right rom inlrighttum out access point). Additionally, iftbe secondary access location is chosen by
the City to be constructed between Lots 3 and 4 of Block 3, provisions shall be made by the City to
provide for the future access from Outlot B and the entire area south of the Wintergreen 8t NW
alignment to be made entirely onto Wintergreen St NW with no direct access from these parcels onto
CR 18.
If the City of Andover is unable to come to agreement regarding these terms for additional access from
tbis plat onto CR 13, then additional discussions will need to take place involving the County Engineer
before this plat moves forward. Please note that in our follow-up review of this plat. we noted that the
City of Andover indicates it should pursue a grade separated crossing of the BNSF railroad and CR 18,
in the City Transportation Plan. If this is the case, the City should consider securing additional right of
way along CR 18 in conjunction with this plat. Depending on the configuration of the future grade
separation (CR. 18 over the BNSF railroad or CR 18 under the BNSF railroad) a ) 75ft.200ft right of
way corridor should be anticipated. Additionally, the City may wish to consider the impacts associated
with embankments and consider making some grade adjustments for the adjacent properties. If a
Affirmative Action' Equal Opportunity Employer
~fi" -
FEB 17 2004 13: 04
763.662 4201
PAGE. 02
Courtney Bednarz
February 15,2004
Revised - Preliminary Plat
Sophie's Manor
Page 2
secondary access point onto CR 18 is constructed for this plat, construction of a grade separation at the
BNSF railroad may require complete closure of the access point in the future.
While we ll1e not requiring the turn lane construction on CRI8 at Avocet St. NW and on CSAH 20 at
Vale St. NW in conjunction with this plat as a part of our permit process as these intersections are
beyond the pbysical boundaries of this plat, it is still our recommendation that these improvements be
made as a part of this development
All ocher comments regarding this plat remain unchanged from our 1/2412004 correspondence.
Thank you for the opportunity to comment. Feel free to contact me if you have any questions or would
like to set up a meeting to discuss the ongoing issues associated with this plat. '
~~
Jane K. Rose
Traffic Engineering Manager
cc: CR181PLATS/2003
Mike Kelly, Chlef~ght-of-Way Agent
Larry Hoium, County Surveyor
Roger Butler, Traffic Engineering Coordinator
Josie Scott, Permit Technician
Tom Hornsby, Traffic Services Supervisor - Signs
Andy Witter, Construction Services Engineer
~6~
FEB 172004 13:05
763 862 4201
PAGE. 03
I RATINGSDIRECT
I STANDARD
, &POOltS
Research:
Andover, Minnesota; Tax Secured, General Obligation; Tax Secured, Tax Increment
Publication date: 17-Fet>-2004
Credit Analyst: Corey Frtedman, Chicago (1) 312-233-7010; James Wiemken, Chicago (1) 312-233-7005
Relum to Regular Format
Credit Profile
US$4.335 mil GO tax incre rfdg bnds ser 2004B dtd
02/05/2004 due 02/01/2013 A+
Sale date: 17-FEB-2004
US$3.895 mil GO cap imp bnds ser 2004A dtd 02/05/2004 due
02/01/2017 A+
Sale date: 17 -FEB-2004
AFFIRMED
$5.245 mil. Andover A+
$350,000 Andover (taxable) go tax incre bnds A+
$1.260 mil. Andover GO tax incre bnds ser 1999 dtd
06/01/1999 due 12/01/2001-2012 AANA+(SPUR)
$9.470 mil. Andover GO wtr rev bnds ser 2002 dtd 06/01/2002
due 02/01/2004-2020 2022-2023 AANA+(SPUR)
$2.105 mil. Andover taxable GO tax incre bnds ser 2000A dtd
09/01/2000 due 08/01/2001-2009 & 02/01/2002-2010 AANA+(SPUR)
OUTLOOK: STABLE
= Rationale
The 'A+' rating on Andover, Minn.'s series 2004A and 20048 GO bonds reflects the following credit
strengths:
. Participation in the Minneapolis-St. Paul (Twin Cities) MSA,
. Healthy residential growth that translates into strong gains in market value and significant
increases in market value per capita, and
. A stable financial position with healthy reserves.
The bonds are secured by the city's GO rating.
Residential growth has transformed Andover from a rural community into a fast-growing suburb that
fully participates in the Minneapolis-St. Paul MSA. The city's population has grown significantly-
increasing 75% between 1990 and 2000, with a current population of 28,660. Strong residential growth
has lead to a significant increase in the city's market value; annual increases in market value surged to
more than 13% between 1999 and 2003. Total market value in 2004 is $1.7 billion, or a high $60,000
per capita. Residential development has slowed to a more manageable pace over the past few years,
with about 300 new homes annually.
Commercial development within the city has followed the residential growth and new retail and office
space has begun to become available. Household effective buying income levels are above average at
155% of the national level; per capita figures are more moderate at 113% of national level. Given its
proximity to downtown Minneapolis-St. Paul (Andover is about20 miles due north of the Twin Cities.),
as well as the variety of employment opportunities in other areas of the MSA; unemployment in Andover
has historically been below average. In 2002, the city's average unemployment rate was 3.8%,
moderately lower than Minnesota's 4.4% rate. Through mid-2003, unemployment in the city averaged
4.2%, still below the state's 4.7% for the same time period.
Andover's financial position is good, with ample reserves. Fiscal 2002 (Dec. 31) ended with a general
fund balance of $2.8 million, or a strong 40% of expenditures. The year also ended with a $605,000
drawdown in the general fund, stemming mostly from transfers to the road and bridge fund. Unaudited
fiscal 2003 results show a further drawdown of the general fund balance with a $275,000 draw on
rflserves. The fiscal 2003 result is mainly due to the loss of local government aid and the market value
. homestead credit due to the state's fiscal problems. Revenue from state sources typically makes up
about 16% of the city's general fund revenue. The city could offset up to 60% of the state aid loss, but
elected to use the fund balance given the city's comfortable reserve levels. In light of the state's fiscal
problems and the city's reluctance to raise its property taxes, the city reduced the fiscal 2003 budget
about 9% from the previous year. The fiscal 2004 budget calls for a 3% increase in expenditures, but a
conservative, yet small, drawdown of general fund reserves of around $70,000.
The city's debt burden is moderate at $1,936 per capita, or 3.2% of market value. The majority of the
debt, however, is self-supporting, with only 15% of debt service paid with property tax revenues. Other
funding sources include special assessments, water revenues, tax increment financing revenues, and
state street payments, which support 23%, 27%, 28%, and 7%, respectively, of the outstanding debt.
Amortization of the city's debt is quite rapid, with 75% repaid within 10 years. Bond proceeds will
finance construction of a new fire station and refund the series 19950 bonds. The city plans to issue
appropriation-backed bonds in April 2004 for a joint project between the city and the YMCA entering the
city. The city plans to issue about $19 million in bonds, but the cost will be divided almost evenly
between the city and the YMCA. Although the debt burden is manageable and amortization is quite
rapid, pressures related to rapid growth have driven up debt levels.
II Outlook
The stable outlook reflects Standard & Poor's Ratings Services expectation that Andover will maintain
strong reserve levels and balanced financial operations while maintaining a manageable debt burden.
II Economy
. The residential building boom in Andover saw several years of new home construction that exceeded
400 units per year. This has since slowed to about 200-300 new homes annually, at a price of about
$300,000, a more manageable pace for the growing community. Residential properties make up a
resounding 87% of the city's tax base.
Most residents work in downtown Minneapolis-St. Paul, although many commute to jobs in outer ring
suburbs of the city. Leading employers in Andover include:
. Anoka-Hennepin Independent School District No. 11, 600 employees;
. Kottkes Bus Service, 175;
. Anoka County Highway Department, 100;
. Festival Foods, 95; and
. Bunker Hill Activities Center, 90.
Commercial development in Andover has begun to increase as residential growth has slowed a bit.
Several shopping areas have either recently been completed or are in process. The city expects the
trend of increasing commercial and retail development to continue for the foreseeable future.
Copyrighl@1994-2004Standard & Poo~s. a division of The McGraw-Hili Companies.
All Rights Reserved, Privacy Policy
,"
Low Bidder
True Interest Cost
Number of Bids
Rating
Range of Bids
Total Debt Service
Principal Amount
Discount Allowance
Premium Bid
Escrow Savings
True Interest Cost
Coupon Rates
Interest Cost
Refunding Savings
Bond Buyer Index
Closing Date
City of Andover, Minnesota
Results of Bond Sale
February 17, 2004
$4,260,000* General Obligation Tax
Increment Refunding Bonds, Series
2004B
Cronin & Company, Inc.
Minneapolis, Minnesota
2.7864 %
5
S&P confirms A+ w/stable outlook
MBIA Insured to S&P AAA
2.7864% to 2.8676%
Proiected 1/6 Results of Sale Variance
$4,335,000 $4,260,000* -$75,000
$39,015 $0 +$39,015
$0 $8,078 +$8,078
$4,259,783 $4,233,907 +$25,876
3.7211% 2.7864% -.93%
2.05% - 4.10% 2.00% - 3.25% -.05%-.85%
$864,849 $667,834 -$197,015
$183,135 $423,750 +$240,615
4.60% 4.52% -.08%
March 16,2004
Accept the bid from Cronin & Company, Inc. and Adopt
"Resolution Providing for the Issuance and Sale of $4,260,000
General Obligation Tax Increment Refunding Bonds, Series 2004B"
Council Action
Attachments
. Bid Tabulation
. Revised Debt Schedule and Cash Flow Analysis
. Graph, Bond Market
. Bond Resolution (See Council Packet)
e
EHLERS
& ASSOCIATES INC
3060 Cenlre Poinle Drive Roseville, MN 55113-1105
651.697,8506 fax 651.697,8506 www,ehlers-inc,com
j' "
BID TABULATION
$4,335,000* General Obligation Tax Increment Refunding Bonds, Series 2004B
CITY OF ANDOVER, MINNESOTA
SALE: February 17, 2004
AWARD: CRONIN & COMPANY, INC,
RATING: MBIA Insured (Standard & Poor's "AAA")**
UNDERLYING RATING: (Standard & Poor's "A+")
NAME OF BIDDER
MATURITY
(February 1)
$4,343,078,10 $675,159.40 2.7863%
2006 2,000%
2007 2,000%
2008 2.000%
2009 2.500%
2010 2.750%
2011 3,000%
2012 3,000%
2013 3.250%
2006 1.400%
2007 1.700%
2008 2.100%
2009 2.500%
2010 2.750%
2011 3.000%
2012 3.100%
2013 3.300%
CRONIN & COMPANY, INC.
Minneapolis, Minnesota
UBS FINANCIAL SERVICES INC.
Chicago, Illinois
CITIGROUP GLOBAL MARKETS, INC.
Chicago, Illinois
CIBC WORLD MARKETS
New York, New York
CITIZENS BANK
Flint, Michigan
KIRLIN SECURITIES, INC.
Syosset, New York
MORGAN STANLEY & CO., INC.
New York, New York
2006
2007
2008
2009
2010
2011
2012
2013
PIPER JAFFRAY & CO.
Minneapolis, Minnesota
WELLS FARGO BROKERAGE SERVICES, LLC
Minneapolis, Minnesota
BBI: 4.52
RATE REOFFERING
YIELD
NET TRUE
INTEREST INTERES
COST RATE
PRICE
2.000%
2,000%
2.500%
2.500%
2.750%
3.000%
3.000%
3.250%
1,300%
1,600%
2.000%
2,250%
2,500%
2.750%
3.000%
3.250%
$4,329,862,60 $678,493.65 2,8041 %
$4,324,012.00 $684,043.62 2.8267%
*Subsequent to bid opening the issue size was decreased to $4,260,000 with the 2007 maturity decreased $5,000 to $490,000 in maturi
value, the 2008 maturity decreased $5,000 to $505,000 in maturity value, the 2009 maturity decreased $5,000 to $520,000 in maturity valu
the 2010 maturity decreased $10,000 to $530,000 in maturity value, the 2011 maturity decreased $15,000 to $565,000 in maturity valu
the 2012 maturity decreased $15,000 to $580,000 in maturity value, and the 2013 maturity decreased $20,000 to $590,000 in maturity valu
Adjusted Price - $4,267,904.00
Adjusted Net Interest Cost - $659,930.38
Adjusted TIC - 2,7830%
**MBIA insurance purchased by Cronin & Co., Inc.
.
EHLERS
& ASSOCIATES INC
LEADERS IN PUBLIC FINANCE
3060 Cenlre Poinle Drive, Roseville, MN 55113-1105
651.697,8500 fax 651.697,8555 www,ehlers-inc,com
Offices in Roseville, MN, Brookfield, WI and Naperville, Il
"
"
$4,335,000 General Obligation Tax Increment Refunding Bonds, Series 2004B
City of Andover, Minnesota
Pag
NET TRUE
NAME OF BIDDER MATURITY RATE REOFFERING PRICE INTEREST INTERE~
(February 1) YIELD COST RATE
NORTHLAND SECURITIES, INC. 2006 2.000% $4,319,751.35 $684,286.77 2.8300'1'
Minneapolis, Minnesota 2007 2.000%
2008 2.000%
2009 2.300%
2010 2.600%
2011 2.800%
2012 3.000%
2013 3.500%
RBC DArN RAUSCHER INC. 2006 1.750% $4,302,740.35 $691,210.59 2.8676'*
Minneapolis, Minnesota 2007 2.000%
2008 2.250%
2009 2.300%
2010 2.550%
2011 2.800%
2012 3.050%
2013 3.250%
,>
City of Andover, MN
FINAL - Crossover Refunding of
$6,055,000 G.O. Tax Increment Bonds, Series 1995D
Debt Service Comparison
Date Total P+I
02101/2005 98,984.38
02101/2006 593,125.00
02101/2007 593,525.00
02101/2008 598,725,00
02101/2009 601,100,00
02101/2010 598,100.00
02/01/2011 618,525,00
02101/2012 616,575,00
02/01/2013 609,175.00
Total $4,927,834.38
PCF
(4,273,984.38)
Existing D/S
4,367,106.25
Net New D/S Old Net D/S Savings
192,106.25 192,106.25
593,125.00 644,550.00 51,425.00
593,525.00 649,150.00 55,625.00
598,725,00 652,100.00 53,375,00
601,100.00 652,875.00 51,775.00
598,100.00 651,875.00 53,775.00
618,525.00 674,050.00 55,525.00
616,575.00 668,000.00 51,425.00
609,175.00 660,000.00 50,825.00
$5,020,956.25 $5,444,706,25 $423,750,00
(4,273,984,38)
$4,367,106.25
PV Analysis Summary (Net to Net)
Gross PV Debt Service Savings......,......,....................,....."......,.,........,................,...,....,........",.",................................... 366,638.18
Net PV Cashftow Savings @ 2.934%(AIC).......,...."............................,..".,........,.....'................"".,.................,........,.,.... 366,638.18
Contingency or Rounding Amount..,...,...,.,......,.,.""...,...................,...........,........."..".............."".",..",..........."..,.....,...... 1 ,532,84
Net Present Value Benefit.......""".,...,..........."...".,......""",."" ,.......,............,...,.,...............,..,..............".....,..................., $368,171,02
Net PV Benefit / $4,175,000 Refunded Principal..................................,..................,..........,.......,........,.............................
Net PV Benefit / $4,260,000 Refunding Principal."..........,.."",...,....",...........,........"..,.......,..,.,...,................".................,
8,818%
8.643%
Refunding Bond Information
Refunding Dated Date...."...,....,........,........,..............,.........,."..,.,......."...........",....,............""............".....,................,..." 3/16/2004
Refunding Delivery Date...,...,.....,..."..,...,.,.........,.....,...,........,..",..........,...........,.""..,.........",.,..,..,....,........",...,..,......,.,... 3/16/2004
04 xoverofSer 950 $6,05 1 SINGLE PURPOSE
Ehlers & Associates, Inc.
Leaders in Public Finance since 1955
,I "
City of Andover, MN
FINAL - Crossover Refunding of
$6,055,000 G.O. Tax Increment Bonds, Series 19950
Debt Service Schedule
Date
Principal
Coupon
Interest
Total P+I
03/16/2004
08/01/2004
02/01/2005
08/01/2005
02/01/2006
08/01/2006
02/01/2007
08/01/2007
02/01/2008
08/01/2008
02/01/2009
08/01/2009
02/01/2010
08/01/2010
02/01/2011
08/01/2011
02/01/2012
08/01/2012
02/01/2013
42,421.88
56,562.50
56,562.50
56,562.50
51,762.50
51,762.50
46,862.50
46,862.50
40,550.00
40,550,00
34,050.00
34,050.00
26,762.50
26,762.50
18,287.50
18,287,50
9,587.50
9,587,50
$667,834.38
42,421.88
56,562.50
56,562.50
536,562.50
51,762.50
541,762.50
46,862.50
551,862.50
40,550.00
560,550.00
34,050,00
564,050.00
26,762.50
591,762.50
18,287.50
598,287,50
9,587.50
599,587,50
$4,927,834.38
480,000.00 2.000%
490,000.00 2.000%
505,000.00 2.500%
520,000.00 2.500%
530,000.00 2.750%
565,000.00 3.000%
580,000.00 3.000%
590,000,00 3.250%
$4,260,000,00
Tolal
Fiscal Total
98,984.38
593,125.00
593,525.00
598,725.00
601,100.00
598,100.00
618,525.00
616,575.00
609,175.00
Yield Statistics
Bond Year Dollars"..",..,."...........................,...........,.........,..,...,..."......................,.,...,..,.,.,...,.,..,.....,.,......"...,.",.. ,......",.
Average Life..... .............................................,..' ...........,.... ,.... ,..,............. ,......................... ......,............... ..........................
Average Coupon......,....",..........................,..."".......".,.....,....."".,.......,.....,.......,..",..,.....,.....,..,.."...",.."..,.,.,..",..,. ..,.,....
Net I nterest Cost (NI C)..........,.""".".,.."....,.....,...........,.,....",...................,.,...",......................,..""".,...,......................,..,
True Inlerest Cost (TI C)..""....".............,......."...,....,.....,........."",.....,..".,.........."",...,."".,...........,..........,........."......",.,..
Bond Yield for Arbitrage Purposes............."",.................,....,....."........,....,.."..",...,..,.....,.........,."",.",.",.,.,..,......,.,........,
Alllnciusive Cost (AIC).............,.,.......,.,."".,.,.,..........."...."...'............,. ,..........,...... ...............".......".....'............"...........,
IRS Form 8038
Net I nterest Cost.....,..."......,.,.,...,...".,.,.....".....................,..,.".,..........",.,.....,.....,..........,."""...,."..............",.. ..",.."""",
W eighted Average Maturity,...,...........,......."",.""..,.,......."""""."...,.,.....",.",..,."..".",...,.,......"""....."",....,.,..." .,...,......
04 xover of Ser 950 $$,05 I SINGLE PURPOSE
$23,602.50
5,540 Years
2.8295070%
2,7951165%
2.7820124%
2.6852121%
2,9342727%
2,6257509%
5,531 Years
Ehlers & Associates, Inc.
Leaders in Public Finance since 1955
-0
1::
al
..c
()
3:
06
CO
..!..
CO
CO
'<t
f2
<'>
~
~
C\l
-0
~
CO
~
C
'"
'ti'
t::: -~
0
!Xl
It)
~
><
~
oS
GS "tI
t:::
0
!Xl
<l>
~ '"
t:::
~
<l>
II::
~ W
;;;
0 ~ -~
c
CO '"
'ti'
t::: -~
0
!Xl
c
~
~
oS
...
~
!Xl
"tI
t:::
0
!Xl
"'
Q)
~
al
'(3
0
"'
"'
<(
"0
C
-0 al
"'
~
~
..c
U1
;>,
..0
"0
~
-~ al
a.
~
0..
~ ?f. ?f. ~ ~ ~ ~ ~
0 0 0 0 0 0
0 0 0 0 0 0 0 0
<0 <t N 0 '" ~ <t N
.,; .,; .,; .,; ..,: <t ..,: ..,:
EXTRACT OF MINUTES OF A MEETING OF THE
CITY COUNCIL OF THE
CITY OF ANDOVER, MINNESOTA
HELD: February 17,2004
Pursuant to due call and notice thereof, a regular or special meeting of the City Council
of the City of Andover, Anoka County, Minnesota, was duly called and held at the City Hall on
February 17, 2004, at 7:00 P.M., for the purpose, in part, of authorizing the issuance and
awarding the sale of $4,335,000 General Obligation Tax Increment Refunding Bonds, Series
2004B.
The following members were present:
and the following were absent:
Member
introduced the following resolution and moved its adoption:
RESOLUTION PROVIDING FOR THE ISSUANCE AND SALE OF $4,335,000 GENERAL
OBLIGATION TAX INCREMENT REFUNDING BONDS, SERIES 2004B AND PLEDGING
FOR THE SECURITY THEREOF TAX INCREMENTS
A. WHEREAS, the City Council of the City of Andover, Minnesota (the "City"), has
heretofore created Development District No.1 (the "Development District") pursuant to the
provisions of Minnesota Statutes, Sections 469.124 through 469.134, and has approved a
development program (the "Program") with respect to the Development District; and
B. WHEREAS, the City has also heretofore created Tax Increment Financing
District Nos. 1-1 and 1- 2 as redevelopment districts within the Development District
(collectively, the "Tax Increment District") under the provisions of Minnesota Statutes, Sections
469.174 through 469.179 and has approved a tax increment financing plan (the "Plan") with
respect to the Tax Increment District; and
C. WHEREAS, tax increments derived from the Tax Increment District are referred
to herein as the "Tax Increments"; and
D. WHEREAS, the City has heretofore determined and declared that it is necessary
and expedient to provide moneys for a crossover refunding of the City's $6,055,000 original
principal amount of General Obligation Tax Increment Bonds, Series 1995D dated October 1,
1995 (the "Prior Bonds"), issued for the purpose of providing money to finance eligible project
costs within the Tax Increment District, constituting capital and administration costs associated
with various improvement projects (i.e., acquisition of property, road improvements, soil testing
and land cleanup) ofthe Development District, as set forth in the Plan (the "Project") pursuant to
the resolution ofthe City Council, duly adopted on September 19,1995, authorizing issuance of
the Prior Bonds (the "Prior Resolution"); and
1615340vl
E. WHEREAS, $4,175,000 ofthe principal amount ofthe Prior Bonds which mature
on or after February 1, 2006, are callable on February 1, 2005, at a price of par plus accrued
interest, as provided in the Prior Resolution; and
F. WHEREAS, the refunding ofthe callable Prior Bonds, 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
G. WHEREAS, the City Council has heretofore determined and declared that it is
necessary and expedient to issue $4,335,000 General Obligation Tax Increment Refunding
Bonds, Series 2004B (the "Bonds"), pursuant to Minnesota Statutes, Chapter 475, to provide
moneys for a crossover refunding ofthe callable Prior Bonds; and
H. WHEREAS, the City has retained Ehlers and Associates, Inc., in Roseville,
Minnesota ("Ehlers") as its independent financial advisor for the Bonds and proposals to
purchase the Bonds have been solicited by Ehlers in accordance with Minnesota Statutes, Section
475.60, Subdivision 2(9); and
I. WHEREAS, proposals set forth on Exhibit A attached hereto were received
pursuant to the Terms of Proposal at the offices of Ehlers, in the presence ofthe City Clerk, or
designee, at 10:00 A.M., this same day; and
J. WHEREAS, it is in the best interests of the City that the Bonds be issued in book-
entry form as hereinafter provided; and
NOW, THEREFORE, BE IT RESOLVED by the Council ofthe City of Andover,
Minnesota, as follows:
1. Acceptance of Proposal. The proposal of
(the "Purchaser"), to purchase the Bonds in accordance with the Terms of Proposal, at the rates
of interest hereinafter set forth, and to pay therefor the sum of $ , plus interest
accrued to settlement, is hereby found, determined and declared to be the most favorable
proposal received and is hereby accepted, and the Bonds are hereby awarded to the Purchaser.
The Clerk is directed to retain the deposit of the Purchaser and to forthwith return to the
unsuccessful bidders any good faith checks or drafts.
2. Bond Terms.
(a) Title; Original Issue Date; Denominations; Maturities. The Bonds shall be titled
"General Obligation Tax Increment Refunding Bonds, Series 2004B", shall be dated March 16,
2004, 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-l upward in the denomination of$5,000
each or in any integral multiple thereof of a single maturity (the "Authorized Denominations").
The Bonds shall mature on February 1 in the years and amounts as follows:
2
1615340vl
Year Amount Year Amount
2006 2010
2007 2011
2008 2012
2009 2013
As may be requested by the Purchaser, one or more term Bonds may be issued having
mandatory sinking fund redemption and final maturity amounts conforming to the foregoing
principal repayment schedule, and corresponding additions may be made to the provisions of the
applicable Bond(s).
(b) Book Entrv On1v Svstem. The Depository Trust Company, a limited purpose
trust company organized under the laws ofthe State of New York or any of its successors or its
successors to its functions hereunder (the "Depository") will act as securities depository for the
Bonds, and to this end:
(i) The Bonds shall be initially issued and, so long as they remain in book
entry form only (the "Book Entry Only Period"), shall at all times be in the form of a
separate single fully registered Bond for each maturity of the Bonds; and for purposes of
complying with this requirement under paragraphs 5 and 10 Authorized Denominations
for any Bond shall be deemed to be limited during the Book Entry Only Period to the
outstanding principal amount of that Bond.
(ii) Upon initial issuance, ownership ofthe Bonds shall be registered in a bond
register maintained by the Bond Registrar (as hereinafter defined) in the name of CEDE
& CO., as the nominee (it or any nominee ofthe 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, bank, or any other financial
institution for which the Depository holds Bonds as securities depository (the
"Participant") or the person for which a Participant holds an interest in the Bonds shown
on the books and records 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 (A) the accuracy of the records of the
Depository, the Nominee or any Participant with respect to any ownership interest in the
Bonds, or (B) the delivery to any Participant, any Owner or any other person, other than
the Depository, of any notice with respect to the Bonds, including any notice of
redemption, or (C) the payment to any Participant, any Beneficial Owner or any other
person, other than the Depository, of any amount with respect to the principal of or
premium, if any, or interest on the Bonds, or (D) the consent given or other action taken
by the Depository as the Registered Holder of any Bonds (the "Holder"). For purposes of
securing the vote or consent of any Holder under this Resolution, the City may, however,
rely upon an omnibus proxy under which the Depository assigns its consenting or voting
rights to certain Participants to whose accounts the Bonds are credited on the record date
identified in a listing attached to the omnibus proxy.
3
1615340vl
1615340vl
(iv) TlJ.e 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 ofthe 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 ofthe
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 name of a Nominee, all payments
with respect to the principal of and premium, if any, and interest on such Bond and all
notices with respect to such Bond shall be made and given, respectively, by the Bond
Registrar or City, as the case may be, to the Depository as provided in the Letter of
Representations to the Depository required by the Depository as a condition to its acting
as book-entry Depository for the Bonds (said Letter of Representations, together with any
replacement thereof or amendment or substitute thereto, including any standard
procedures or policies referenced therein or applicable thereto respecting the procedures
and other matters relating to the Depository's role as book-entry Depository for the
Bonds, collectively hereinafter referred to as the "Letter of Representations").
(vii) All transfers of beneficial ownership interests in each Bond issued in
book-entry form shall be limited in principal amount to Authorized Denominations and
shall be effected by procedures by the Depository with the Participants for recording and
transferring the ownership of beneficial interests in such Bonds.
(viii) In connection with any notice or other communication to be provided to
the Holders pursuant to this Resolution by the City or Bond Registrar with respect to any
consent or other action to be taken by Holders, the Depository shall consider the date of
receipt of notice requesting such consent or other action as the record date for such
consent or other action; provided, that the City or the Bond Registrar may establish a
special record date for such consent or other action. The City or the Bond Registrar shall,
to the extent possible, give the Depository notice of such special record date not less than
15 calendar days in advance of such special record date to the extent possible.
(ix) Any successor Bond Registrar in its written acceptance of its duties under
this Resolution and any paying agency/bond registrar agreement, shall agree to take any
actions necessary from time to time to comply with the requirements of the Letter of
Representations.
4
(c) Termination of Book-Entrv Only System. Discontinuance of a particular
Depository's services and termination ofthe 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 ofthe services of the Depository as provided in the
preceding paragraph, and if no substitute securities depository is willing to undertake the
functions of the Depository hereunder can be found which, in the opinion ofthe City, is
willing and able to assume such functions upon reasonable or customary terms, or ifthe
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 name ofthe
Nominee, but may be registered in whatever name or names the Holder of the Bonds
shall designate at that time, in accordance with paragraph 10. To the extent that the
Beneficial Owners are designated as the transferee by the Holders, in accordance with
paragraph 10, the Bonds will be delivered to the Beneficial Owners.
(iii) Nothing in this subparagraph (c) shall limit or restrict the provisions of
paragraph 10.
(d) Letter of Representations. The provisions in the Letter of Representations are
incorporated herein by reference and made a part of the resolution, and if and to the extent any
such provisions are inconsistent with the other provisions of this resolution, the provisions in the
Letter of Representations shall control.
3. Purpose; Refunding Findings. The Bonds shall provide funds for a crossover
refunding of all the City's callable Prior Bonds (the "Refunding"). It is hereby found, determined
and declared that the Refunding is pursuant to Minnesota Statutes, Section 475.67, Subdivision
13, and as ofthe crossover date of the Bonds, shall result in a reduction ofthe present value of
the dollar amount of the debt service to the City from a total dollar amount of$
for the Prior Bonds to a total dollar amount of $ for the Bonds, computed in
accordance with the provisions of Minnesota Statutes, Section 475.67, Subdivision 12, and
accordingly the dollar amount of such present value of the debt service for the Bonds is lower by
at least three percent than the dollar amount of such present value of the debt service for the Prior
Bonds as required in said Subdivision 12.
4. Interest. The Bonds shall bear interest payable semiannually on February 1 and
August 1 of each year (each, an "Interest Payment Date"), commencing August 1, 2004,
calculated on the basis of a 360-day year of twelve 30-day months, at the respective rates per
annum set forth opposite the maturity years as follows:
5
1615340vl
Maturity Year
Interest Rate
Maturity Year
Interest Rate
2006
2007
2008
2009
2010
2011
2012
2013
5. Redemption. Bonds maturing on February 1, 2012, and thereafter shall be subject
to redemption and prepayment at the option ofthe City on February 1, 2011, 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 amounts
within each maturity to be redeemed shall be determined by the City and if only part of the
Bonds having a common maturity date are called for prepayment, the specific Bonds to be
prepaid shall be chosen by lot by the Bond Registrar. Bonds or portions thereof called for
redemption shall be due and payable on the redemption date, and interest thereon shall cease to
accrue from and after the redemption date. Mailed notice of redemption shall be given to the
paying agent and to each affected registered holder of the Bonds.
To effect a partial redemption of Bonds having a common maturity date, the Bond
Registrar prior to giving notice of redemption shall assign to each Bond having a common
maturity date a distinctive number for each $5,000 ofthe principal amount of such Bond. The
Bond Registrar shall then select by lot, using such method of selection as it shall deem proper in
its discretion, from the numbers so assigned to such Bonds, as many numbers as, at $5,000 for
each number, shall equal the principal amount of such Bonds to be redeemed. The Bonds to be
redeemed shall be the Bonds to which were assigned numbers so selected; provided, however,
that only so much of the principal amount of each such Bond of a denomination of more than
$5,000 shall be redeemed as shall equal $5,000 for each number assigned to it and so selected. If
a Bond is to be redeemed only in part, it shall be surrendered to the Bond Registrar (with, 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 such Bond, without service charge, a new Bond or
Bonds of the same series having the same stated maturity and interest rate and of any Authorized
Denomination or Denominations, as requested by such Holder, in aggregate principal amount
equal to and in exchange for the unredeemed portion ofthe principal of the Bond so surrendered.
6. Bond Registrar. U. S. Bank National Association, in St. Paul, Minnesota, is
appointed to act as bond registrar and transfer agent with respect to the Bonds (the "Bond
Registrar"), and shall do so unless and until a successor Bond Registrar is duly appointed, all
pursuant to any contract the City and Bond Registrar shall execute which is consistent herewith.
The Bond Registrar shall also serve as paying agent unless and until a successor paying agent is
duly appointed. Principal and interest on the Bonds shall be paid to the registered holders (or
record holders) ofthe 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:
6
1615340vl
UNITED STATES OF AMERICA
STATE OF MINNESOTA
ANOKACOUNTY
CITY OF ANDOVER
R-
$
GENERAL OBLIGATION TAX INCREMENT REFUNDING BOND, SERIES 2004B
Interest Rate
Maturitv Date
Date of Original issue
CUSIP
February 1,
March 16,2004
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 February 1 and August 1 of each year (each, an "Interest Payment Date"),
commencing August 1, 2004, at the rate per annum specified above (calculated on the basis of a
360-day year of twelve 30-day months) until the principal sum is paid or has been provided for.
This Bond will bear interest from the most recent Interest Payment Date to which interest has
been paid or, if no interest has been paid, from the date of original issue hereof. The principal of
and premium, if any, on this Bond are payable upon presentation and surrender hereof at the
principal office ofU. S. Bank National Association, in St. Paul, Minnesota (the "Bond
Registrar"), acting as paying agent, or any successor paying agent duly appointed by the Issuer.
Interest on this Bond will be paid on each Interest Payment Date by check or draft mailed to the
person in whose name this Bond is registered (the "Holder" or "Bondholder") on the registration
books of the Issuer maintained by the Bond Registrar and at the address appearing thereon at the
close of business on the fifteenth day ofthe calendar month next preceding such Interest
Payment Date (the "Regular Record Date"). Any interest not so timely paid shall cease to be
payable to the person who is the Holder hereof as of the Regular Record Date, and shall be
payable to the person who is the Holder hereof at the close of business on a date (the "Special
Record Date") fixed by the Bond Registrar whenever money becomes available for payment of
the defaulted interest. Notice of the Special Record Date shall be given to Bondholders not less
than ten days prior to the Special Record Date. The principal of and premium, if any, and
interest on this Bond are payable in lawful money ofthe 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. Until termination ofthe
book-entry only system pursuant to the Resolution, Bonds may only be registered in the name of
the Depository or its Nominee.
7
1615340vl
Redemption. The Bonds ofthi~ issue (the "Bonds") maturing on February 1,2012, and
thereafter, are subject to redemption and prepayment at the option of the Issuer on February 1,
2011, and on any date thereafter at a price of par plus accrued interest. Redemption may be in
whole or in part of the Bonds subject to prepayment. If redemption is in part, the maturities and
the principal amounts within each maturity to be redeemed shall be determined by the Issuer; and
if only part of the Bonds having a common maturity date are called for prepayment, the specific
Bonds to be prepaid shall be chosen by lot by the Bond Registrar. Bonds or portions thereof
called for redemption shall be due and payable on the redemption date, and interest thereon shall
cease to accrue from and after the redemption date. Mailed notice of redemption shall be given
to the paying agent and to each affected Holder of the Bonds.
Selection of Bonds for Redemption; Partial Redemption. To effect a partial redemption
of Bonds having a common maturity date, the Bond Registrar shall assign to each Bond having a
common maturity date a distinctive number for each $5,000 ofthe principal amount of such
Bond. The Bond Registrar shall then select by lot, using such method of selection as it shall
deem proper in its discretion, from the numbers assigned to the Bonds, as many numbers as, at
$5,000 for each number, shall equal the principal amount of the Bonds to be redeemed. The
Bonds to be redeemed shall be the Bonds to which were assigned numbers so selected; provided,
however, that only so much of the principal amount of such Bond of a denomination of more
than $5,000 shall be redeemed as shall equal $5,000 for each number assigned to it and so
selected. If a Bond is to be redeemed only in part, it shall be surrendered to the Bond Registrar
(with, ifthe Issuer or Bond Registrar so requires, a written instrument oftransfer in form
satisfactory to the Issuer and Bond Registrar duly executed by the Holder thereof or the Holder's
attorney duly authorized in writing) and the Issuer shall execute (if necessary) and the Bond
Registrar shall authenticate and deliver to the Holder of the Bond, without service charge, a new
Bond or Bonds having the same stated maturity and interest rate and of any Authorized
Denomination or Denominations, as requested by the Holder, in aggregate principal amount
equal to and in exchange for the unredeemed portion ofthe principal of the Bond so surrendered.
Issuance; Purpose; General Obligation. This Bond is one of an issue in the total principal
amount of $4,335,000, all oflike date of original issue and tenor, except as to number, maturity,
interest rate, denomination and redemption privilege, issued pursuant to and in full conformity
with the Constitution and laws of the State of Minnesota and pursuant to a resolution adopted by
the City Council on February 17, 2004 (the "Resolution"), for the purpose of providing funds
sufficient for a crossover refunding on February 1, 2005, ofthe Issuer's General Obligation Tax
Increment Bonds, Series 1995D, dated October 1,1995, which mature on and after February 1,
2006. This Bond is payable out of the Escrow Account and the Debt Service Account ofthe
General Obligation Tax Increment Refunding Bonds, Series 2004B Fund. This Bond constitutes
a general obligation of the Issuer, and to provide moneys for the prompt and full payment of its
principal, premium, if any, and interest when the same become due, the full faith and credit and
taxing powers ofthe Issuer have been and are hereby irrevocably pledged.
Denominations; Exchange; Resolution. The Bonds are issuable solely in fully registered
form in Authorized Denominations (as defined in the Resolution) and are exchangeable for fully
registered Bonds of other Authorized Denominations in equal aggregate principal amounts at the
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 of the
8
1615340vl
rights and duties ofthe Bond Registrar. Copies of the Resolution are on file in the principal
office ofthe Bond Registrar.
Transfer. This Bond is transferable by the Holder in person or by the Holder's attorney
duly authorized in writing at the principal office of the Bond Registrar upon presentation and
surrender hereofto the Bond Registrar, all subject to the terms and conditions provided in the
Resolution and to reasonable regulations of the Issuer contained in any agreement with the Bond
Registrar. Thereupon the Issuer shall execute and the Bond Registrar shall authenticate and
deliver, in exchange for this Bond, one or more new fully registered Bonds in the name ofthe
transferee (but not registered in blank or to "bearer" or similar designation), of an Authorized
Denomination or Denominations, in aggregate principal amount equal to the principal amount of
this Bond, of the same maturity and bearing interest at the same rate.
Fees upon Transfer or Loss. The Bond Registrar may require payment of a sum
sufficient to cover any tax or other governmental charge payable in connection with the transfer
or exchange ofthis Bond and any legal or unusual costs regarding transfers and lost Bonds.
Treatment of Registered Owners. The Issuer and Bond Registrar may treat the person in
whose name this Bond is registered as the owner hereof for the purpose of receiving payment as
herein provided (except as otherwise provided herein with respect to the Record Date) and for all
other purposes, whether or not this Bond shall be overdue, and neither the Issuer nor the Bond
Registrar shall be affected by notice to the contrary.
Authentication. This Bond shall not be valid or become obligatory for any purpose or be
entitled to any security unless the Certificate of Authentication hereon shall have been executed
by the Bond Registrar.
IT IS HEREBY CERTIFIED AND RECITED that all acts, conditions and things
required by the Constitution and laws ofthe 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 Clerk, the corporate seal ofthe Issuer having been intentionally omitted as
permitted by law.
9
1615340vl
Date of Registration:
Registrable by: U. S. BANK NATIONAL
ASSOCIATION
Payable at: U. S. BANK NATIONAL
ASSOCIATION
BOND REGISTRAR'S
CERTIFICATE OF
AUTHENTICATION
CITY OF ANDOVER,
ANOKA COUNTY, MINNESOTA
This Bond is one ofthe Bonds
described in the Resolution
mentioned within.
Isl Facsimile
Mayor
u. S. BANK NATIONAL
ASSOCIATION
St. Paul, Minnesota
Bond Registrar
Isl Facsimile
Clerk
By
Authorized Signature
10
1615340vl
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)
under the
(Minor)
Uniform Transfers to Minors Act
(State)
Additional abbreviations may also be used though not in the above list.
ASSIGNMENT
For value received, the undersigned hereby sells, assigns and transfers unto the
within Bond and does hereby irrevocably constitute and appoint attorney to transfer
the Bond on the books kept for the registration thereof, with full power of substitution in the
premIses.
Dated:
Notice:
The assignor's signature to this assignment must
correspond with the name as it appears upon the
face of the within Bond in every particular, without
alteration or any change whatever.
Signature Guaranteed:
Signature(s) must be guaranteed by a national bank or trust company or by a brokerage firm
having a membership in one ofthe 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 ofthis Bond unless the information concerning the
transferee requested below is provided.
Name and Address:
11
1615340vl
PREPAY1dENTSCHEDULE
This Bond has been prepaid in part on the date(s) and in the arnount(s) as follows:
Date
Amount
Authorized Signature of Holder
12
1615340vl
8. Execution; Temporary Bonds. The Bonds shall be printed (or, at the request of
the Purchaser, typewritten) and shall be executed on behalf of the City by the signatures of its
Mayor and Clerk and be sealed with the seal of the City; provided, however, that the seal ofthe
City may be a printed (or, at the request of the Purchaser, photocopies) facsimiles and the
corporate seal may be omitted on the Bonds as permitted by law. In the event of disability or
resignation or other absence of either such officer, the Bonds may be signed by the manual or
facsimile signature of that officer who may act on behalf of such absent or disabled officer. In
case either such officer whose signature or facsimile of whose signature shall appear on the
Bonds shall cease to be such officer before the delivery ofthe Bonds, such signature or facsimile
shall nevertheless be valid and sufficient for all purposes, the same as ifhe or she had remained
in office until delivery. The City may elect to deliver, in lieu of printed definitive bonds, one or
more typewritten temporary bonds in substantially the form set forth above, with such changes as
may be necessary to reflect more than one maturity in a single temporary bond. Such temporary
bonds may be executed with photocopied facsimile signatures of the Mayor and Clerk. Such
temporary bonds shall, upon the printing ofthe definitive bonds and the execution thereof, be
exchanged therefor and canceled.
9. Authentication. No Bond shall be valid or obligatory for any purpose or be
entitled to any security or benefit under this resolution unless a Certificate of Authentication on
such Bond, substantially in the form hereinabove set forth, shall have been duly executed by an
authorized representative ofthe Bond Registrar. Certificates of Authentication on different
Bonds need not be signed by the same person. The Bond Registrar shall authenticate the
signatures of officers ofthe City on each Bond by execution ofthe 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,
which date is March 16, 2004. The Certificate of Authentication so executed on each Bond shall
be conclusive evidence that it has been authenticated and delivered under this resolution.
10. Registration; Transfer; Exchange. The City will cause to be kept at the principal
office of the Bond Registrar a bond register in which, subject to such reasonable regulations as
the Bond Registrar may prescribe, the Bond Registrar shall provide for the registration of Bonds
and the registration of transfers of Bonds entitled to be registered or transferred as herein
provided.
Upon surrender for transfer of any Bond at the principal office of the Bond Registrar, the
City shall execute (if necessary), and the Bond Registrar shall authenticate, insert the date of
registration (as provided in paragraph 9) of, and deliver, in the name ofthe designated transferee
or transferees, one or more new Bonds of any Authorized Denomination or Denominations of a
like aggregate principal amount, having the same stated maturity and interest rate, as requested
by the transferor; provided, however, that no Bond may be registered in blank or in the name of
"bearer" or similar designation.
At the option of the Holder, Bonds may be exchanged for Bonds of any Authorized
Denomination or Denominations of a like aggregate principal amount and stated maturity, upon
surrender ofthe 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
13
1615340vl
Registrar shall authenticate, insert the date of registration of, and deliver the Bonds which the
Holder making the exchange is entitled to receive.
All Bonds surrendered upon any exchange or transfer provided for in this resolution shall
be promptly canceled by the Bond Registrar and thereafter disposed of as directed by the City.
All Bonds delivered in exchange for or upon transfer of Bonds shall be valid general
obligations ofthe City evidencing the same debt, and entitled to the same benefits under this
resolution, as the Bonds surrendered for such exchange or transfer.
Every Bond presented or surrendered for transfer or exchange shall be duly endorsed or
be accompanied by a written instrument of transfer, in form satisfactory to the Bond Registrar,
duly executed by the Holder thereof or the Holder's attorney duly authorized in writing.
The Bond Registrar may require payment of a sum sufficient to cover any tax or other
govennnental charge payable in connection with the transfer or exchange of any Bond and any
legal or unusual costs regarding transfers and lost Bonds.
Transfers shall also be subject to reasonable regulations of the City contained in any
agreement with the Bond Registrar, including regulations which permit the Bond Registrar to
close its transfer books between record dates and payment dates. The 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 Pavment; Record Date. Interest on any Bond shall be paid on each
Interest Payment Date by check or draft mailed to the person in whose name the Bond is
registered (the "Holder") on the registration books of the City maintained by the Bond Registrar
and at the address appearing thereon at the close of business on the fifteenth day ofthe 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 name any Bond is registered as the owner of such Bond for the purpose of
receiving payment of principal of and premium, if any, and interest (subject to the payment
provisions in paragraph 12) on, such Bond and for all other purposes whatsoever whether or not
such Bond shall be overdue, and neither the City nor the Bond Registrar shall be affected by
notice to the contrary.
14
1615340vl
14. Delivery: Application of Proceeds. The Bonds when so prepared and executed
shall be delivered by the Clerk to the Purchaser upon receipt of the purchase price, and the
Purchaser shall not be obliged to see to the proper application thereof.
15. Fund and Accounts. There is hereby created a special fund to be designated the
"General Obligation Tax Increment Refunding Bonds, Series 2004B Fund" (the "Fund") to be
administered and maintained by the Clerk as a bookkeeping account separate and apart from all
other funds maintained in the official financial records of the City. The Fund shall be maintained
in the manner herein specified until all ofthe Bonds and the interest thereon have been fully
paid. There shall be maintained in the Fund the following separate accounts:
(a) Escrow Account. The Escrow Account shall be maintained as an escrow account
with U.S. Bank National Association (the "Escrow Agent"), in St. Paul, Minnesota, which is a
suitable financial institution within or without the State whose deposits are insured by the
Federal Deposit Insurance Corporation and whose combined capital and surplus is not less than
$500,000. All proceeds ofthe sale of the Bonds shall be received by the Escrow Agent and
applied to fund the Escrow Account or to pay costs of issuing the Bonds. Proceeds ofthe Bonds
not used to pay costs of issuance are hereby irrevocably pledged and appropriated to the Escrow
Account, together with all investment earnings thereon. The Escrow Account shall be invested
in securities maturing or callable at the option of the holder on such dates and bearing interest at
such rates as shall be required to provide sufficient funds, together with any cash or other funds
retained in the Escrow Account, (i) to pay when due the interest to accrue on the Bonds to and
including February 1, 2005; and (ii) to pay when called for redemption on February 1, 2005, the
principal amount of each ofthe Prior Bonds. The Escrow Account shall be irrevocably
appropriated to the payment of (i) all interest on the Bonds to and including February 1, 2005;
and (ii) the principal of the Prior Bonds due by reason oftheir call for redemption on February 1,
2005. The moneys in the Escrow Account shall be used solely for the purposes herein set forth
and for no other purpose, except that any surplus in the Escrow Account may be remitted to the
City, all in accordance with the Escrow Agreement by and between the City and an Escrow
Agent (the "Escrow Agreement"), a form of which is on file in the office of the Clerk. Any
moneys remitted to the City upon termination of the Escrow Agreement shall be deposited in the
Debt Service Account.
(b) Debt Service Account. To the Debt Service Account there is hereby pledged and
irrevocably appropriated and there shall be credited: (1) after the crossover date, all uncollected
Tax Increments pledged to the payment of the Prior Bonds; (2) any collections of all taxes which
may hereafter be levied for the payment ofthe Bonds and interest thereon provided the Tax
Increments are insufficient for the payment thereof; (3) any balance remitted to the City upon the
termination ofthe Escrow Agreement; (4) any balance remaining after February 1, 2005, in the
General Obligation Tax Increment Bonds, Series 1995D Fund created by the Prior Resolution;
(5) all investment earnings on funds in the Debt Service Account; and (6) any and all other
moneys which are properly available and are appropriated by the governing body of the City to
the Debt Service Account. The amount of any surplus remaining in the Debt Service Account
when the Bonds and interest thereon are paid shall be used consistent with Minnesota Statutes,
Section 475.61, Subdivision 4.
15
1615340vl
The moneys in the Debt Service Account shall be used soleJy to pay the principal of and
interest on the Bonds. No portion of the proceeds ofthe Bonds shall be used directly or
indirectly to acquire higher yielding investments or to replace funds which were used directly or
indirectly to acquire higher yielding investments, except (1) for a reasonable temporary period
until such proceeds are needed for the purpose for which the Bonds were issued, and (2) in
addition to the above, in an amount not greater than the lesser of five percent of the proceeds of
the Bonds or $100,000. To this effect, any proceeds of the Bonds and any sums from time to
time held in the Fund (or any other City account which will be used to pay principal and interest
to become due on the Bonds) in excess of amounts which under the applicable federal arbitrage
regulations may be invested without regard as to yield shall not be invested in excess of the
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. In addition, the proceeds of the Bonds and 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 federal
Internal Revenue Code of 1986, as amended (the "Code").
16. Prior Bonds: Securitv: Covenants Relating to the Bonds. Until retirement of the
Prior Bonds, all provisions theretofore made in the Prior Resolution for the security thereof shall
be observed by the City and all of its officers and agents.
(a) Tax Increments. The City hereby pledges and appropriates the Tax Increments to
the Debt Service Account, which pledge and appropriation shall continue until the Bonds and
any additional bonds payable from the Debt Service Account are paid or discharged. The City
hereby expressly reserves the right to use the Tax Increments to finance costs set forth in the
Plan or to finance costs of other projects to be undertaken from time to time within the
Development District in accordance with the Development Program and the Plan, as may be
from time to time amended.
(b) Coverage Test. The Tax Increments are such that if collected in full they,
together with estimated collections of other revenues herein pledged for the payment of the
Bonds, will produce at least five percent in excess ofthe amount needed to meet when due the
principal and interest payments on the Bonds, consequently no taxes are levied at the present
time.
(c) Future Tax Levies. On or before November 10 of each year, the Clerk shall
certify to the County Auditor of Anoka County the amount of Tax Increments and any other
fimds appropriated to and then held in the Debt Service Account and the estimated collections of
Tax Increments to be received in the next succeeding year. In the event that it is anticipated that
the aggregate of said sums will not be sufficient to pay the principal and interest on the Bonds to
become due in the first calendar year thereafter and the first six months of the succeeding
calendar year, the City Council shall pass a resolution requesting the County Auditor of Anoka
County to levy an ad valorem tax in an amount as is necessary, together with the aforementioned
fimds then held in the Debt Service Account and said estimated collections of Tax Increments to
pay the principal and interest on the Bonds to become due during said period.
16
1615340vl
(d) Reservation of Ricl1ts. Notwithstanding any provisions herein to the contrary, the
City reserves the right to terminate, reduce, or apply to other lawful purposes the Tax Increments
herein pledged to the payment of the Bonds and interest thereon to the extent and in the manner
permitted by law.
17. Defeasance. When all Bonds have been discharged as provided in this paragraph,
all pledges, covenants and other rights granted by this resolution to the registered holders of the
Bonds shall, to the extent permitted by law, cease. The City may discharge its obligations with
respect to any Bonds which are due on any date by irrevocably depositing with the Bond
Registrar on or before that date a sum sufficient for the payment thereof in full; or if any Bond
should not be paid when due, it may nevertheless be discharged by depositing with the Bond
Registrar a sum sufficient for the payment thereof in full with interest accrued to the date of such
deposit. The City may also discharge its obligations with respect to any prepayable Bonds called
for redemption on any date when they are prepayable according to their terms, by depositing
with the Bond Registrar on or before that date a sum sufficient for the payment thereof in full, ,
provided that notice of redemption thereof has been duly given. The City may also at any time
discharge its obligations with respect to any Bonds, subject to the provisions oflaw now or
hereafter authorizing and regulating such action, by depositing irrevocably in escrow, with a
suitable banking institution qualified by law as an escrow agent for this purpose, cash or
securities described in Minnesota Statutes, Section 475.67, Subdivision 8, bearing interest
payable at such times and at such rates and maturing on such dates as shall be required, without
regard to sale and/or reinvestment, to pay all amounts to become due thereon to maturity or, if
notice of redemption as herein required has been duly provided for, to such earlier redemption
date.
18. Continuing Disclosure. The City is the sole obligated person with respect to the
Bonds. The City hereby agrees, in accordance with the provisions of Rule 15c2-12 (the "Rule"),
promulgated by the Securities and Exchange Commission (the "Commission") pursuant to the
Securities Exchange Act of 1934, as amended, and a Continuing Disclosure Undertaking (the
"Undertaking") hereinafter described to:
(a) Provide or cause to be provided to each nationally recognized municipal securities
information repository ("NRMSIR") and to the appropriate state information depository ("SID"),
if any, for the State of Minnesota, in each case as designated by the Commission in accordance
with the Rule, certain annual financial information and operating data in accordance with the
Undertaking. The City reserves the right to modify from time to time the terms of the
Undertaking as provided therein.
(b) Provide or cause to be provided, in a timely manner, to (i) each NRMSIR or to the
Municipal Securities Rulemaking Board ("MSRB") and (ii) the SID, notice of the 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 (i) each NRMSIR or to the
MSRB and (ii) the SID, notice of a failure by the City to provide the annual financial information
with respect to the City described in the Undertaking.
17
1615340vl
"
(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 ofthe Holders ofthe 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 ofthe City's obligations under
the covenants.
The Mayor and Clerk ofthe City, 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, and (iii) acceptable to the Officers.
19. General Obligation Pledge. For the prompt and full payment of the principal of
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 Escrow
Account or Debt Service Account is ever insufficient to pay all principal and interest then due on
the Bonds payable therefrom, the deficiency shall be promptly paid out of any other accounts of
the City which are available for such purpose, and such other funds may be reimbursed without
interest from the Escrow Account or Debt Service Account when a sufficient balance is available
therein.
20. Securities; Escrow Agent. Securities purchased from moneys in the Escrow
Account shall be limited to securities set forth in Minnesota Statutes, Section 475.67,
Subdivision 8, and any amendments or supplements thereto. Securities purchased from the
Escrow Account shall be purchased simultaneously with the delivery ofthe Bonds. The City
Council has investigated the facts and hereby finds and determines that the Escrow Agent is a
suitable financial institution to act as escrow agent.
21. Redemption of Prior Bonds. The Prior Bonds which mature on and after February
1,2006, shall be redeemed and prepaid on February 1,2005, in accordance with the terms and
conditions set forth in the Notice of Call for Redemption, substantially in the form attached to
the Escrow Agreement, which terms and conditions are hereby approved and incorporated
herein by reference. The Notice of Call for Redemption shall be given pursuant to the Escrow
Agreement.
22. Escrow Agreement. On or prior to the delivery ofthe Bonds the Mayor and Clerk
shall, and are hereby authorized and directed to, execute on behalf of the City the Escrow
Agreement. The Escrow Agreement is hereby approved and adopted and made a part ofthis
resolution, and the City covenants that it will promptly enforce all provisions thereof in the event
of default thereunder by the Escrow Agent.
23. Purchase ofSLGS or ()Pen Market Securities. Ehlers and Associates, Inc., as
agent for the Council, is hereby authorized and directed to purchase on behalf of the Council and
in its name the appropriate United States Treasury Securities, State and Local Government Series
and/or open market securities as provided in paragraph 22, from the proceeds of the Bonds and,
to the extent necessary, other available funds, all in accordance with the provisions ofthis
resolution and the Escrow Agreement and to execute all such documents (including the
18
1615340vl
appropriate subscription form) required to effect such purchase in accordance with the applicable
U.S. Treasury Regulations.
24. Certificate of Registration. The Clerk is hereby directed to file a certified copy of
this resolution with the County Auditor of Anoka County, Minnesota, together with such other
information as the County Auditor shall require, and to obtain the County Auditor's Certificate
that the Bonds have been entered in the County Auditor's Bond Register.
25. Records and Certificates. The officers of the City are hereby authorized and
directed to prepare and furnish to the Purchaser, and to the attorneys approving the legality ofthe
issuance ofthe 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 ofthe
Bonds as the same appear from the books and records under their custody and control or as
otherwise known to them, and all such certified copies, certificates and affidavits, including any
re furnished, shall be deemed representations ofthe City as to the facts recited therein.
26. Negative Covenant as to Use of Proceeds and Proiect. The City hereby covenants
not to use the proceeds of the Bonds or to use the Project, or to cause or permit them to be used,
or to enter into any deferred payment arrangements for the cost 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 ofthe Code.
27. Tax-Exempt Status of the Bonds; Rebate. The City is subject to the rebate
requirement imposed by SI48(f) of the Code by reason of issuing (together with all subordinate
entities thereof, and all entities treated as one issuer with the Issuer) more than $5,000,000 of
tax-exempt governmental obligations during this calendar year as provided in SI48(f)(4)(D) of
the Code and S1.148-8 of the Regulations.
28. Supplemental Resolution. The Prior Resolution is hereby supplemented to the
extent necessary to give effect to the provisions of this resolution.
29. Payment of Issuance Expenses. The City authorizes the Purchaser to forward the
amount of Bond proceeds allocable to the payment of issuance expenses to U.S. Trust Company,
Minneapolis, Minnesota on the closing date for further distribution as directed by the City's
financial advisor, Ehlers.
30. Severability. If any section, paragraph or provision ofthis 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
and, after a full discussion thereof and upon a vote being taken thereon, the
following voted in favor thereof:
19
1615340vl
and the following voted against the same:
Whereupon the resolution was declared duly passed and adopted.
20
1615340vl
STATE OF MINNESOTA
COUNTY OF ANOKA
CITY OF ANDOVER
I, the undersigned, being the duly qualified and acting Clerk of the City of Andover,
Minnesota, DO HEREBY CERTIFY that I have compared the attached and foregoing extract of
minutes with the original thereof on file in my office, and that the same is a full, true and
complete transcript of the minutes of a meeting of the City Council, duly called and held on the
date therein indicated, insofar as the minutes relate to considering proposals and awarding the
competitive negotiated sale of $4,335,000 General Obligation Tax Increment Refunding Bonds,
Series 2004B.
WITNESS my hand on February _, 2004.
Clerk
21
1615340vl
EXHIBIT A
Maturitv
Initial Offering Price*
(Exclusive of
Accrued Interest)
2006
2007
2008
2009
2010
2011
2012
2013
SUBTOTAL
$
PLUS ACCRUED
INTEREST**
ISSUE PRICE*
(AGGREGATE)
$
*Issue Price is the price to customers, and includes accrued interest.
** Assuming deliveries to customers on the date of delivery to the Purchaser by the Issuer.
1615340vl
A-I
. .
EXHIBIT A
NOTICE OF CALL FOR REDEMPTION
GENERAL OBLIGATION TAX INCREMENT BONDS, SERlES 1995D
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, 2005
those outstanding bonds of the City designated as General Obligation Tax Increment Bonds,
Series 1995D, dated October 1, 1995, having stated maturity dates in the years 2006 through
2013, and totaling $4,175,000 in principal amount and having CUSIP numbers listed below:
Year CUSIP Number*
2006
2007
2008
2009
2010
2011
2012
2013
The bonds are being called at a price of par plus accrued interest to February 1, 2005, on which
date all interest on the bonds will cease to accrue. Holders ofthe 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 17,2004
BY ORDER OF THE CITY COUNCIL
Isl
. Citv Clerk
*The City shall not be responsible for the selection of or use ofthe 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.
1615340vl
A-I
Low Bidder
True Interest Cost
Number of Bids
Rating
Range of Bids
Total Debt Service
Principal Amount
Discount Allowance
CIF Savings
True Interest Cost
Coupon Rates
Interest Cost
Refunding Savings
Bond Buyer Index
Closing Date
City of Andover, Minnesota
Results of Bond Sale
February 17, 2004
$3,890,000* General Obligation
Capital Improvement Plan Bonds,
Series 2004A
Proiected 1/6
$3,895,000
$48,688
$58,488
4.2881 %
1.80% - 4.65%
$1,264,915
$118,823
4.60%
Cronin & Company, Inc.
Minneapolis, Minnesota
3.3250%
4
S&P confirms A+ w/stable outlook
MBIA Insured to S&P AAA
3.3250% to 3.3964%
Results of Sale
$3,890,000*
$17,989
$44,703
3.3250%
2.00% - 3.75%
$995,629
$227,590
4.52%
March 16,2004
Variance
-$5,000
+$30,699
+$13,785
-.96%
-.20%-.90%
-$269,286
+$108,767
-.08%
Accept the bid from Cronin & Company, Inc. and Adopt
"Resolution Providing for the Issuance and Sale of $3,890,000
General Obligation Capital Improvement Plan Bonds, Series
2004A"
Council Action
Attachments
. Bid Tabulation
. Revised Debt Schedule and Cash Flow Analysis
. Graph, Bond Market
. Bond Resolution (See Council Packet)
e
EHLERS
& ASSOCIATES INC
3060 Cenlre Pointe Drive Roseville, MN 55113-1105
651.697,8506 fax 651.697,8506 www,ehlers-inc.com
BID TABULATION
$3,895,000* General Obligation Capital Improvement Bonds, Series 2004A
CITY OF ANDOVER, MINNESOTA
SALE: February 17, 2004
AWARD: CRONIN & COMPANY, INC.
RATING: MBIA Insured (Standard & Poor's "AM")**
UNDERLYING RATING: (Standard & Poor's "A+")
NAME OF BIDDER
MATURITY
(February 1)
$3,877,010,90 $1,016,032.22 3.3250%
CRONIN & COMPANY, INC.
Minneapolis, Minnesota
UBS FINANCIAL SERVICES INC,
Chicago, Illinois
CITIGROUP GLOBAL MARKETS, INC,
Chicago, Illinois
CIBC WORLD MARKETS
New York, New York
CITIZENS BANK
Flint, Michigan
MORGAN STANLEY & CO., INC.
New York, New York
KIRLIN SECURITIES, INC.
Syosset, New York
2005
2006
2007
2008
2009
2010
2011
2012
2013
2014
2015
2016
2017
PIPER JAFFRAY & CO.
Minneapolis, Minnesota
2005
2006
2007
2008
2009
2010
2011
2012
2013
2014
2015
2016
2017
BBI: 4.52~
RATE REOFFERING
YIELD
PRICE
NET TRUE
INTEREST INTERESl
COST RATE
2.000%
2.000%
2.000%
2.500%
2.500%
2.750%
3.000%
3.000%
3.250%
3.350%
3.500%
3.650%
3,750%
2.000%
2.000%
2.000%
2.000%
2,300%
2.550%
2.800%
3.050%
3.250%
3.400%
3.500%
3.600%
3.750%
1.100%
1.300%
1.600%
2.000%
2.250%
2.500%
2.750%
3.000%
3.250%
3.400%
3.550%
3.700%
3.800%
$3,856,924.95 $1,021,865.67 3.3526%
*Subsequent to bid opening the issue size was decreased to $3,890,000 with the 2017 maturity decreased $5,000 to $420,000 in maturit
value.
Adjusted Price - $3,872,079.35
Adjusted Net Interest Cost - $1,013,549.71
Adjusted TIC - 3.3239%
-*MBIA insurance purchased by Cronin & Co., Inc.
.
EHLERS
& ASSOCIATES INC
LEADERS IN PUBLIC FINANCE
3060 Cenlre Pointe Drive, Roseville, MN 55113-1105
651.697,8500 fax 651.697.8555 www,ehlers-inc.com
Offices in Roseville, MN, Brookfield, WI and Napervil/e, IL
$3,895,000 General Obligation Capital Improvement Bonds, Series 2004A
City of Andover, Minnesota
Page ~
NAME OF BIDDER
MATURITY
(February 1)
RATE REOFFERING
YIELD
PRICE
NET TRUE
INTEREST INTEREST
COST RATE
$3,897,016.50 $1,033,730.38 3.3632%
NORTHLAND SECURITIES, INC.
Minneapolis, Minnesota
2005
2006
2007
2008
2009
2010
2011
2012
2013
2014
2015
2016
2017
RBC DAIN RAUSCHER INC.
Minneapolis, Minnesota
2005
2006
2007
2008
2009
2010
2011
2012
2013
2014
2015
2016
2017
2,000%
2.000%
2.000%
2.000%
2.300%
2,600%
2,800%
3.000%
3.450%
3.500%
3,750%
4.000%
4.000%
1.500%
1.750%
2,000%
2.250%
2,300%
2,550%
2,800%
3,000%
3.250%
3.400%
3,500%
3,650%
3.800%
$3,849,380.35 $1,034,124.65 3.3964%
City of Andover, MN
$2,190,000 G.O. Capital Improvement Plan Bonds, Series March 16, 2004
(Proposed Net Cash Refunding of $2,350,000 Public Proj Rev Bds, Ser 97 by City)
Purpose One
Debt Service Comparison
Date Total P+I Net New D/S Old Net D/S Savings
02/01/2005 177,817.81 177,817.81 196,740.00 18,922,19
02101/2006 178,677.50 178,677.50 202,580.00 23,902.50
02/01/2007 181,377.50 181,377.50 207,810.00 26,432,50
02/01/2008 188,977 .50 188,977.50 212,410.00 23,432.50
02101/2009 190,727,50 190,727,50 216,415.00 25,687.50
02101/2010 202,352.50 202,352.50 224,815.00 22,462.50
02/01/2011 208,227.50 208,227.50 232,255.00 24,027.50
02/01/2012 218,427.50 218,427,50 238,705.00 20,277 ,50
02101/2013 223,177,50 223,177.50 244,217 ,50 21,040.00
02/01/2014 232,165.00 232,165,00 248,777.50 16,612.50
02101/2015 245,465.00 245,465.00 262,370,00 16,905,00
02/01/2016 252,765.00 252,765.00 269,500.00 16,735.00
02/01/2017 254,187.50 254,187.50 275,340.00 21,152,50
Total $2,754,345,31 $2,754,345.31 $3,031,935.00 $277,589.69
PV Analysis Summary (Net to Net)
Gross PV Debt Service Savings...,..,.............."....."."...,................,....,..................,.",....,...,............,..",...".....",.............. 239,578.76
Net PV Cashflow Savings @ 3.543%(AIC)..,.............,....,."...,................"....."",.,............",.,.,...,....,...................,........,.., 239,578.76
Contingency or Rounding Amount..,.,...,..,...................,."......................,.......................,.....,..,...................,........,......,...... 3,950.90
Net Presenl Value Benefit...,..."..,................................................,.........................,..............,........".,........................,.,...., $243,529,66
Nel PV Benefit / $2,045,000 Refunded Principal...",..".,..,..,...,.........."....".............",......................,.,.,....,.,.,....,..,..,........
Net PV Benefit / $2,190,000 Refunding Principal.....",....,........,..............".....................,......,.......'..... .........."..,.....,.,.,.,...
11,909%
11.120%
Refunding Bond Information
Refunding Dated Date. ......."....,.,',.,...................,.,..,.,..,.,............."...,.,...........,....,....................,.......,.,.,.......................,.,.. 3/16/2004
Refunding Delivery Date..".,...,................".,.,.""..,....,.....,...,......,..."..........."."".".........,.."."...,.....................",.."...,. ,..,.. 3/16/2004
03 net cash of Ser 97 $2, I Ref 97 $2,350K
Ehlers & Associates, Inc.
Leaders in Public Finance since 1955
City of Andover, MN
FINAL - $3,890,000 G.O. Capital Improvement Plan Bonds, Series March 16, 2004
(Net Cash Refunding of $2,350,000 Public Proj Rev Bds, Ser 97 by City
& New Money Portion)
Net Debt Service Schedule
Date Principal Coupon Interest Total P+I CIF Net New D/S Fiscal Total
03/16/2004
08/01/2004 43,937.81 43,937.81 (19.158.75) 24,779.06
02101/2005 120,000.00 2,000% 58,583.75 178,583:75 (25,545.00) 153,038,75 177,817.81
08/01/2005 57,383,75 57,383.75 57,383,75
02101/2006 235,000.00 2.000% 57,383.75 292,383.75 292,383.75 349,767.50
08/01/2006 55,033.75 55,033.75 55,033.75
02101/2007 240,000.00 2.000% 55,033,75 295,033.75 295,033.75 350,067.50
08/01/2007 52,633.75 52,633,75 52,633.75
02101/2008 255,000.00 2,500% 52,633.75 307,633,75 307,633.75 360,267.50
08/01/2008 49,446,25 49,446.25 49,446.25
02101/2009 265,000.00 2,500% 49,446,25 314,446.25 314,446,25 363,892.50
08/01/2009 46,133.75 46,133.75 46,133.75
02101/2010 280,000.00 2.750% 46,133,75 326.133.75 326,133.75 372,267.50
08/01/2010 42,283.75 42,283,75 42,283.75
02101/2011 295,000.00 3,000% 42,283.75 337,283.75 337,283.75 379,567.50
08/01/2011 37,858.75 37,858.75 37,858.75
02101/2012 315,000.00 3,000% 37,858.75 352,858.75 352,858.75 390,717.50
08/01/2012 33,133.75 33,133,75 33,133.75
02101/2013 330,000,00 3.250% 33,133.75 363,133.75 363,133.75 396,267.50
08/01/2013 27,771.25 27,771.25 27,771.25
02101/2014 355,000.00 3,350% 27,771.25 382,771.25 382,771,25 410,542.50
08/01/2014 21,825.00 21,825,00 21,825,00
02/01/2015 380,000,00 3,500% 21,825,00 401,825,00 401,825.00 423,650,00
08/01/2015 15,175.00 15,175,00 15,175,00
02/01/2016 400,000,00 3.650% 15,175.00 415,175,00 415,175.00 430,350.00
08/01/2016 7,875,00 7,875.00 7,875,00
02/01/2017 420,000.00 3.750% 7,875.00 427,875.00 427,875,00 435,750,00
Total $3,890,000,00 $995,629.06 $4,885,629.06 (44,703.75) $4,840,925,31
03 net cash of Ser 97 $2, t Issue Summary
Ehlers & Associates, Inc.
Leaders in Public Finance since 1955
~o
1::
ro
.s:::
o
$:
o/S
m
..!.
m
m
'<t
o
-
C')
~
-
N
~o
~
CO
~ ~'"
0
'"
'tf
c: ~<
0
In
It)
~
~
~
G) 't)
c:
0
In
CIl
Q '"
~ ~
CIl
Q::
Q ~
< CO
0 ~ ~<
0
CO '"
'ti'
c: ~~
0
In
0
~
~
.s
...
~
'"
In ~ X
't) ltl Q)
c: :l '" X
0 .. ..s Q)
In .c '"
ell '" ..s
LL c
... 0 (/J
Om Q)
(/J Q) 1il
<( :J '0
C'" 0
Q) C (/J
> 0 (/J
8!m <(
'"
c
~o ro
(/J
..
~
.s:::
UJ
>>
.c
'"
~
~< ro
0-
~
[L
"'" oe. "'" "'" "'" "'" "'" oe.
0 0 0 0 0 0
C) C) C) C) C) C) C) C)
<!) ... N C) 00 "< ... N
.0 .0 .0 .0 ... ... ... ...
EXTRACT OF MINUTES OF A MEETING OF THE
CITY COUNCIL oF' THE
CITY OF ANDOVER, MINNESOTA
HELD: February 17,2004
Pursuant to due call, a regular meeting of the City Council of the City of Andover,
Minnesota, was duly held at the City Hall on February 17, 2004, at _ P.M., for the purpose
in part of considering proposals and awarding the sale of $3,895,000 General Obligation Capital
Improvement Bonds, Series 2004A.
The following members were present:
and the following were absent:
Member
adoption:
introduced the following resolution and moved its
RESOLUTION ACCEPTING PROPOSAL ON THE SALE OF $3,895,000 GENERAL
OBLIGATION CAPITAL IMPROVEMENT BONDS, SERIES 2004A, PROVIDING FOR
THEIR ISSUANCE AND LEVYING A TAX FOR THE PAYMENT THEREOF
A. WHEREAS, on December 16,2003, after a public hearing on the same, the City
of Andover, Minnesota (the "City") adopted the Capital Improvements Plan 2004-2008 for the
City (the "Plan") in accordance with the provisions of Minnesota Statutes, Section 410.326,
Subd. 3, which provided for the financing the construction of a new fire station and refinancing
the existing public works facility; and
B. WHEREAS, on January 6, 2004, after publication of notice of public hearing, the
City held a hearing on the proposed issuance of general obligation capital improvement bonds
pursuant to Minnesota Statutes, Section 410.326, Subd. 2 and no petition signed by voters equal
to five percent (5%) of the votes cast in the City in the last general election requesting a vote on
the issuance of the Bonds has been filed with the City Clerk within 30 days after the public
hearing on the issuance ofthe Bonds; and
C. WHEREAS, the City Council has heretofore determined that it is necessary and
expedient to issue $3,895,000 General Obligation Capital Improvement Bonds, Series 2004A
(the "Bonds" or individually, a "Bond") pursuant to Minnesota Statutes, Section 410.326 and
Chapter 475 to provide funds to finance the costs of certain capital improvements set forth in the
Plan; and
D. WHEREAS, the City has heretofore determined, in accordance with Minnesota
Statutes, Section 410.326, Subd. 4, that the maximum amount of principal and interest to become
due in any year on all the outstanding bonds issued under Minnesota Statutes, Section 410.326,
including the Bonds, will equal or exceed 0.05367 percent of taxable market value of property in
Anoka County.
E. WHEREAS, the City has heretofore determined and declared that it is necessary
and expedient to acquire the approximately 30,000 square foot public works building (the
"Public Works Building") pursuant to an advance refunding of the outstanding Public Project
Revenue Bonds of 1997 (City of Andover Lease Purchase Project) of the Economic
Development Authority of the City of Andover (the "EDA"), dated September 1, 1997 (the
"Prior Bonds"); and
F. WHEREAS, the Prior Bonds which mature on and after December 1,2005 are
callable on December 1, 2004, as provided in the resolution adopted on August 5, 1997 (the
"Prior Resolution"), and the refunding of the callable Prior Bonds 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
G. WHEREAS, the City has retained Ehlers and Associates, Inc., in Roseville,
Minnesota ("Ehlers"), as its independent financial advisor for the sale of the Bonds and was
therefore authorized to sell the Bonds by private negotiation in accordance with Minnesota
Statutes, Section 475.60, Subdivision 2(9) and proposals to purchase the Bonds have been
solicited by Ehlers; and
H. WHEREAS, the proposals set forth on Exhibit A attached hereto were received
by the Clerk, or designee, at the offices of Ehlers at 10:00 a.m. this same day pursuant to the
Terms of Proposal established for the Bonds; and
1. WHEREAS, it is in the best interests of the City that the Bonds be issued in book-
entry form as hereafter provided.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover,
Minnesota, as follows:
1. Acceptance of Proposal. The proposal of
(the "Purchaser"), to purchase the Bonds in accordance with
the Terms of Proposal established for the Bonds, at the rates of interest hereinafter set forth, and
to pay therefor the sum of $ , plus interest accrued to settlement, is hereby
found, determined and declared to be the most favorable proposal received and is hereby
accepted, and the Bonds are hereby awarded to said Purchaser. The Clerk is directed to retain
the deposit of the Purchaser and to forthwith return to the unsuccessful bidders their good faith
checks or drafts.
2. Bond Terms.
(a) Original Issue Date; Denominations; Maturities; Combining Maturities; and Term
Bond Option. The Bonds shall be dated March 16, 2004, 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 thereof of a
single maturity (the "Authorized Denominations"). The Bonds shall mature on February 1 in the
years and amounts as follows:
1617196vl
Year
Amount
Year
Amount
2005
2006
2007
2008
2009
2010
2011
All dates are inclusive.
2012
2013
2014
2015
2016
2017
As may be requested by the Purchaser, one or more term Bonds may be issued having
mandatory sinking fund redemption and final maturity amounts conforming to the forgoing
principal repayment schedule, and corresponding additions may be made to the provisions of the
applicable Bond(s).
(b) Book Entrv Onlv Svstem. 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
successors to its functions hereunder (the "Depository") will act as securities depository for the
Bonds, and to this end:
(i) The Bonds shall be initially issued and, so long as they remain in book entry
form only (the "Book Entry Only Period"), shall at all times be in the form of a separate
single fully registered certificate for each maturity of the Bonds; and for purposes of
complying with this requirement under paragraphs 5 and 11 Authorized Denominations
for any Bond shall be deemed to be limited during the Book Entry Only Period to the
outstanding principal amount ofthat Bond.
(ii) Upon initial issuance, ownership of the Bonds shall be registered in a bond
register maintained by the Registrar (as hereinafter defined) in the name 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 Registrar shall have any
responsibility or obligation to any broker, dealer, bank, or any other financial institution
for which the Depository holds Bonds as securities depository (the "Participant") or the
person for which a Participant holds an interest in the Bonds shown on the books and
records of the Participant (the "Beneficial Owner"). Without limiting the immediately
preceding sentence, neither the City, nor the Registrar, shall have any such responsibility
or obligation with respect to (A) the accuracy of the records of the Depository, the
Nominee or any Participant with respect to any ownership interest in the Bonds, or (B)
the delivery to any Participant, any Owner or any other person, other than the Depository,
of any notice with respect to the Bonds, including any notice of redemption, or (C) the
payment to any Participant, any Beneficial Owner or any other person, other than the
Depository, of any amount with respect to the principal of or premium, if any, or interest
on the Bonds, or (D) the consent given or other action taken by the Depository as the
Registered Holder of any Bonds (the "Holder"). For purposes of securing the vote or
1617196vl
1617196vl
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 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 Registrar, as paying agent hereunder, shall
pay all principal of and premium, if any, and interest on the Bonds only to or upon the
Holder of the Holders of the Bonds as shown on the register, and all such payments shall
be valid and effective to fully satisfy and discharge the City's obligations with respect to
the principal of and premium, if any, and interest on the Bonds to the extent of the sum or
sums so paid.
(v) Upon delivery by the Depository to the Registrar of written notice to the
effect that the Depository has determined to substitute a new Nominee in place of the
existing Nominee, and subj ect to the transfer provisions in paragraph 11, references to the
Nominee hereunder shall refer to such new Nominee.
(vi) So long as any Bond is registered in the name of a Nominee, all payments
with respect to the principal of and premium, if any, and interest on such Bond and all
notices with respect to such Bond shall be made and given, respectively, by the 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 procedures and other matters
relating to the Depository's role as book-entry Depository for the Bonds, collectively
hereinafter referred to as the "Letter of Representations").
(vii) All transfers of beneficial ownership interests in each Bond issued in book-
entry form shall be limited in principal amount to Authorized Denominations and shall be
effected by procedures by the Depository with the Participants for recording and
transferring the ownership of beneficial interests in such Bonds.
(viii) In connection with any notice or other communication to be provided to the
Holders pursuant to this Resolution by the City or 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 Registrar may establish a special record date for
such consent or other action. The City or the Registrar shall, to the extent possible, give
the Depository notice of such special record date not less than 15 calendar days in
advance of such special record date to the extent possible.
(ix) Any successor Registrar in its written ac~eptance of its duties under this
Resolution and any paying agency registrar agreement, shall agree to take any actions
necessary from time to time to comply with the requirements of the Letter of
Representations.
(x) In the case of a partial prepayment of a Bond, the Holder may, in lieu of
surrendering the Bonds for a Bond of a lesser denomination as provided in paragraph 5,
make a notation of the reduction in principal amount on the panel provided on the Bond
stating the amount so redeemed.
(c) Termination of Book-Entrv Onlv 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 Bonds if it determines that the Depository
is no longer able to carry out its functions as securities depository or the continuation of
the system of book-entry transfers through the Depository is not in the best interests of
the City or the Beneficial Owners.
(ii) Upon termination of the services of the Depository as provided in the
preceding paragraph, and if no substitute securities depository can be found which, in the
opinion of the City, is willing and able to assume the functions of the Depository
hereunder upon reasonable or customary terms, or if the City determines that it is in the
best interests of the City or the Beneficial Owners of the Bonds 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 name of the Nominee, but may
be registered in whatever name or names the Holder of the Bonds shall designate at that
time, in accordance with paragraph 12. To the extent that the Beneficial Owners are
designated as the transferee by the Holders, in accordance with paragraph 12, the Bonds
will be delivered to the Beneficial Owners.
(iii) Nothing in this subparagraph (c) shall limit or restrict the provisions of
paragraph 12.
(d) Letter of Representations. The provisions in the Letter of Representations are
incorporated herein by reference and made a part hereof. If and to the extent any such provisions
are inconsistent with the other provisions of this resolution, the provisions in the Letter of
Representations shall control.
3. Purpose: Refunding Findings. The Bonds shall provide funds to finance various
capital improvements within the meaning of Section 410.326, and as more specifically set forth
in the Plan (collectively, the "Improvements" or "Project"). The total cost of the Improvements,
which shall include all costs enumerated in Minnesota Statutes, Section 475.65, is estimated to
be at least equal to the amount of the Bonds. Work on the Improvements shall proceed with due
diligence to completion. The Bonds shall also provide funds for an advance refunding of the
1617196vl
outstanding Prior Bonds which mature on and after December 1, 2005 (the "Refunding"). It is
hereby found, determined and declared that the Refunding is pursuant to Minnesota Statutes,
Section 475.67, subdivision 12, shall result in a reduction of the present value (as of March 16,
2004) of the dollar amount of the debt service to the City from a total dollar amount of
$ for the refunded Prior Bonds to a total dollar amount of $ for the
Bonds, computed in accordance with the provisions of Minnesota Statutes, Section 475.67,
subdivision 12. The dollar amount of such present value of the debt service for the Bonds is
lower by at least three percent (3.00%) than the dollar amount of such present value of the debt
service for the Prior Bonds as required in Minnesota Statutes, Section 475.67, subdivision 12.
4. Interest. The Bonds shall bear interest payable semiannually on February 1 and
August 1 of each year (each, an "Interest Payment Date"), commencing August 1, 2004,
calculated on the basis of a 360-day year of twelve 30-day months, at the respective rates per
annum set forth opposite the maturity years as follows:
Maturitv Year
Interest Rate
Maturitv Year
Interest Rate
2005
2006
2007
2008
2009
2010
2011
%
2012
2013
2014
2015
2016
2017
%
The maximum annual principal and interest on the Bonds, is less than .05367% of the
taxable market value ofthe County.
5. Redemption. All Bonds maturing on February 1, 2014, and thereafter, shall be
subject to redemption and prepayment at the option of the City on February 1,2013, and on any
date thereafter at a price of par plus accrued interest. Redemption may be in whole or in part of
the Bonds subject to prepayment. If redemption is in part, the City shall determine the maturities
and the principal amounts within each maturity to be prepaid, 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 30 days prior to the date set for redemption.
To effect a partial redemption of Bonds having a common maturity date, the Bond
Registrar prior to giving notice of redemption shall assign to each Bond having a common
maturity date a distinctive number for each $5,000 of the principal amount of such Bond. The
Bond Registrar shall then select by lot, using such method of selection as it shall deem proper in
its discretion, from the numbers so assigned to such Bonds, as many numbers as, at $5,000 for
each number, shall equal the principal amount of such Bonds to be redeemed. The Bonds to be
redeemed shall be the Bonds to which were assigned numbers so selected; provided, however,
that only so much of the principal amount of each such Bond of a denomination of more than
1617196vl
$5,000 shall be redeemed as shall equal $5,000 for each number assigned to it and so selected. If
a Bond is to be redeemed only in part, it shall be surrendered to the Bond Registrar (with, if the
City or the Bond Registrar so requires, a written instrument of transfer in form satisfactory to the
City and the Bond Registrar duly executed by the Holder thereof or the Holder's attorney duly
authorized in writing) and the City shall execute and the Bond Registrar shall authenticate and
deliver to the Holder of the Bond, without service charge, a new Bond or Bonds of the same
series having the same stated maturity and interest rate and of any Authorized Denomination or
Denominations, as requested by the Holder, in aggregate principal amount equal to and in
exchange for the unredeemed portion of the principal of the Bond so surrendered.
6. Bond Registrar. U.S. Bank National Association, in St. Paul, Minnesota, is
appointed to act as bond registrar and transfer agent with respect to the Bonds (the "Bond
Registrar"), and shall do so unless and until a successor Bond Registrar is duly appointed, all
pursuant to any contract the City and Bond Registrar shall execute which is consistent herewith.
The Bond Registrar shall also serve as paying agent unless and until a successor paying agent is
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:
1617196vl
UNITED STATES OF AMERICA
STATE OF MINNESOTA
CITY OF ANDOVER
R-
$
GENERAL OBLIGATION CAPITAL IMPROVEMENT BOND, SERIES 2004A
INTEREST RATE
MATURITY DATE DATE OF ORIGINAL ISSUE
CUSIP
FEBRUARY 1,
MARCH 16, 2004
REGISTERED OWNER:
CEDE & CO.
PRINCIPAL AMOUNT:
DOLLARS
THE CITY OF ANDOVER, 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
February 1 and August 1 of each year (each, an "Interest Payment Date"), commencing
August 1, 2004, at the rate per annum specified above (calculated on the basis of a 360-day year
of twelve 30-day months) until the principal sum is paid or has been provided for. This Bond
will bear interest from the most recent Interest Payment Date to which interest has been paid or,
if no interest has been paid, from the date of original issue hereof. The principal of and
premium, if any, on this Bond are payable upon presentation and surrender hereof at the
principal office of U.S. Bank National Association, in St. Paul, Minnesota (the "Bond
Registrar"), acting as paying agent, or any successor paying agent duly appointed by the Issuer.
Interest on this Bond will be paid on each Interest Payment Date by check or draft mailed to the
person in whose name this Bond is registered (the "Holder" or "Bondholder") on the registration
books of the Issuer maintained by the Bond Registrar and at the address appearing thereon at the
close of business on the fifteenth day of the calendar month next preceding such Interest
Payment Date (the "Regular Record Date"). Any interest not so timely paid shall cease to be
payable to the person who is the Holder hereof as of the Regular Record Date, and shall be
payable to the person who is the Holder hereof at the close of business on a date (the "Special
Record Date") fixed by the Bond Registrar whenever money becomes available for payment of
the defaulted interest. Notice of the Special Record Date shall be given to Bondholders not less
than ten days prior to the Special Record Date. The principal of and premium, if any, and
interest on this Bond are payable in lawful money of the United States of America. So long as
this Bond is registered in the name of the Depository or its Nominee as provided in the
Resolution hereinafter described, and as those terms are defined therein, payment of principal of,
premium, if any, and interest on this Bond and notice with respect thereto shall be made as
provided in the Letter of Representations, as defined in the Resolution, and surrender of this
Bond shall not be required for payment of the redemption price upon a partial redemption of this
Bond. Until termination of the book-entry only system pursuant to the Resolution, Bonds may
only be registered in the name of the Depository or its Nominee.
1617196vl
Redemption. All Bonds of this issue (the "Bonds") maturing on February 1, 2014, and
thereafter, are subject to redemption and prepayment at the option of the Issuer on February 1,
2013, and on any date thereafter at a price of par plus accrued interest. Redemption may be in
whole or in part of the Bonds subject to prepayment. If redemption is in part, the Issuer shall
determine the maturities and the principal amounts within each maturity to be prepaid; 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 Holder of the Bonds at least 30 days prior to the date set
for redemption.
Selection of Bonds for Redemption; Partial Redemption. To effect a partial redemption
of Bonds having a common maturity date, the Bond Registrar shall assign to each Bond having a
common maturity date, a distinctive number for each $5,000 of the principal amount of such
Bond. The Bond Registrar shall then select by lot, using such method of selection as it shall
deem proper in its discretion from the numbers assigned to the Bonds, as many numbers as, at
$5,000 for each number, shall equal the principal amount of such Bonds to be redeemed. The
Bonds to be redeemed shall be the Bonds to which were assigned numbers so selected; provided,
however, that only so much of the principal amount of such Bond of a denomination of more
than $5,000 shall be redeemed as shall equal $5,000 for each number assigned to it and so
selected. If a Bond is to be redeemed only in part, it shall be surrendered to the Bond Registrar
(with, if the Issuer or the Bond Registrar so requires, a written instrument of transfer in form
satisfactory to the Issuer and the Bond Registrar duly executed by the Holder thereof or the
Holder's attorney duly authorized in writing) and the Issuer shall execute and the Bond Registrar
shall authenticate and deliver to the Holder of the Bond, without service charge, a new Bond or
Bonds having the same stated maturity and interest rate and of any Authorized Denomination or
Denominations, as requested by the Holder, in aggregate principal amount equal to and in
exchange for the unredeemed portion ofthe principal of the Bond so surrendered.
Issuance; Purpose; General Obligation. This Bond is one of an issue in the total principal
amount of $3,895,000, 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 on February 17, 2004 (the "Resolution"), for the purpose of providing funds to
finance the acquisition and construction of various capital improvements, as defined in
Minnesota Statutes, Section 410.326 and described in the Issuer's Capital Improvement Plan,
including the acquisition of the Issuer's public works facility pursuant to an advance refunding of
the outstanding Public Project Revenue Bonds of 1997 (City of Andover Lease Purchase Project)
of the Economic Development Authority of the City of Andover (the "Prior Bonds"), dated
September 1, 1997 (the "Prior Bonds"), pursuant to and in full conformity with the Constitution
and laws of the State of Minnesota, including Minnesota Statutes, Chapter 475. This Bond is
payable out of the General Obligation Capital Improvement Bonds, Series 2004A 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 same become
due, the full faith and credit and taxing powers of the Issuer have been and are hereby
irrevocably pledged.
1617196vl
Denominations; Exchange; Resolution. The Bonds are issuable solely in fully registered
form in Authorized Denominations (as defined in the Resolution) and are exchangeable for fully
registered Bonds of other Authorized Denominations in equal aggregate principal amounts at the
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 of the
rights and duties of the Bond Registrar. Copies of the Resolution are on file in the principal
office ofthe Bond Registrar.
Transfer. This Bond is transferable by the Holder in person or by 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 name of the
transferee (but not registered in blank or to "bearer" or similar designation), of an Authorized
Denomination or Denominations, in aggregate principal amount equal to the principal amount of
this Bond, of the same maturity and bearing interest at the same rate.
Fees upon Transfer or Loss. The Bond Registrar may require payment of a sum
sufficient to cover any tax or other governmental charge payable in connection with the transfer
or exchange of this Bond and any legal or unusual costs regarding transfers and lost Bonds.
Treatment of Registered Owners. The Issuer and Bond Registrar may treat the person in
whose name this Bond is registered as the owner hereof for the purpose of receiving payment as
herein provided (except as otherwise provided on the reverse side hereof with respect to the
Record Date) and for all other purposes, whether or not this Bond shall be overdue, and neither
the Issuer nor the Bond Registrar shall be affected by notice to the contrary.
Authentication. This Bond shall not be valid or become obligatory for any purpose or be
entitled to any security unless the Certificate of Authentication hereon shall have been executed
by the Bond Registrar.
Not Oualified Tax-Exempt Obligations. The Bonds have not been designated by the
Issuer as "qualified tax-exempt obligations" for purposes of Section 265(b)(3) of the Internal
Revenue Code of 1986, as amended.
IT IS HEREBY CERTIFIED AND RECITED that all acts, conditions and things
required by the Constitution and laws of the State of Minnesota to be done, to happen and to be
performed, precedent to and in the issuance of this Bond, have been done, have happened and
have been performed, in regular and due form, time and manner as required by law, and that this
Bond, together with all other debts of the Issuer outstanding on the date of original issue hereof
and the date of its issuance and delivery to the original purchaser, does not exceed any
constitutional or statutory limitation of indebtedness.
IN WITNESS WHEREOF, the City of Andover, Minnesota, by its City Council has
caused this Bond to be executed on its behalf by the facsimile signatures of the Mayor and the
Clerk, the seal of the Issuer having been intentionally omitted as permitted by law.
1617196vl
Date of Registration:
Registrable by: U.S. BANK NATIONAL
ASSOCIATION
Payable at: U.S. BANK NATIONAL
ASSOCIATION
BOND REGISTRAR'S
CERTIFICATE OF
AUTHENTICATION
This Bond is one ofthe Bonds
described in the Resolution
mentioned within.
CITY OF ANDOVER, MINNESOTA
/s/ Facsimile
Mayor
U.S. BANK NATIONAL
ASSOCIATION,
Bond Registrar
/s/ Facsimile
Clerk
By:
Authorized Signature
1617196vl
ABBREVIA nONS
The following abbreviations, when used in the inscription on the face of this Bond, shall
be construed as though they were written out in full according to applicable laws or regulations:
TEN COM - as tenants in common
TEN ENT - as tenants by the entireties
IT TEN - as joint tenants with right of survivorship and not as tenants in common
UTMA - as custodian for
(Cust)
under the
(Minor)
Uniform Transfers to Minors Act
(State)
Additional abbreviations may also be used though not in the above list.
ASSIGNMENT
For value received, the undersigned hereby sells, assigns and transfers unto the
within Bond and does hereby irrevocably constitute and appoint attorney to transfer
the Bond on the books kept for the registration thereof, with full power of substitution in the
premIses.
Dated:
Notice:
The assignor's signature to this assignment must
correspond with the name as it appears upon the
face of the within Bond in every particular, without
alteration or any change whatever.
Signature Guaranteed:
Signature(s) must be guaranteed by a national bank or trust company or by a brokerage firm
having a membership in one of the major stock exchanges or any other "Eligible Guarantor
Institution" as defined in 17 CFR 240.17 Ad-15(a)(2).
The Bond Registrar will not effect transfer of this Bond unless the information concerning the
transferee requested below is provided.
Name and Address:
(Include information for all joint owners ifthe Bond is held by joint account.)
I617196vl
PREPA~ENTSCHEDULE
This Bond has been prepaid in part on the date(s) and in the amount(s) as follows:
DATE
1617196vl
AMOUNT
AUTHORIZED SIGNATURE
OF HOLDER
8. Execution; Temporary Bonds. The Bonds shall be printed (or, at the request of
the Purchaser, typewritten) shall be executed on behalf ofthe City by the signatures of its Mayor
and Clerk and be sealed with the seal of the City; provided, however, that the seal of the City
may be a printed (or, at the request of the Purchaser, photocopied) facsimile; and provided
further that both of such signatures may be printed (or, at the request of the Purchaser,
photocopied) facsimiles and the seal may be omitted on the Bonds as permitted by law. In the
event of disability or resignation or other absence of either such officer, the Bonds may be signed
by the manual or facsimile signature of that officer who may act on behalf of such 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, such
signature or facsimile shall nevertheless be valid and sufficient for all purposes, the same as if
the officer had remained in office until delivery. The City may elect to deliver, in lieu of printed
definitive bonds, one or more typewritten temporary bonds in substantially the form set forth
above, with such changes as may be necessary to reflect more than one maturity in a single
temporary bond. The temporary bonds may be executed with photocopied facsimile signatures
of the Mayor and Clerk. Such temporary bonds shall, upon the printing of the definitive bonds
and the execution thereof, be exchanged therefor and canceled.
9. Authentication. No Bond shall be valid or obligatory for any purpose or be
entitled to any security or benefit under this resolution unless a Certificate of Authentication on
such Bond, substantially in the form hereinabove set forth, shall have been duly executed by an
authorized representative of the Bond Registrar. Certificates of Authentication on different
Bonds need not be signed by the same person. The Bond Registrar shall authenticate the
signatures of officers of the City on each Bond by execution of the Certificate of Authentication
on the Bond and by inserting as the date of registration in the space provided the date on which
the Bond is authenticated, except that for purposes of delivering the original Bonds to the
Purchaser, the Bond Registrar shall insert as a date of registration the date of original issue,
which date is March 16, 2004. The Certificate of Authentication so executed on each Bond shall
be conclusive evidence that it has been authenticated and delivered under this resolution.
10. Registration; Transfer; Exchange. The City will cause to be kept at the principal
office of the Bond Registrar a bond register in which, subject to such reasonable regulations as
the Bond Registrar may prescribe, the Bond Registrar shall provide for the registration of Bonds
and the registration of transfers of Bonds entitled to be registered or transferred as herein
provided.
Upon surrender for transfer of any Bond at the principal office of the Bond Registrar, the
City shall execute (if necessary), and the Bond Registrar shall authenticate, insert the date of
registration (as provided in paragraph 9 with respect to authentication) of, and deliver, in the
name of the designated transferee or transferees, one or more new Bonds of any Authorized
Denomination or Denominations of a like aggregate principal amount, having the same stated
maturity and interest rate, as requested by the transferor; provided, however, that no Bond may
be registered in blank or in the name of "bearer" or similar designation.
At the option of the Holder, Bonds may be exchanged for Bonds of any Authorized
Denomination or Denominations of a like aggregate principal amount and stated maturity, upon
surrender of the Bonds to be exchanged at the principal office of the Bond Registrar. Whenever
1617196vl
any Bonds are so surrendered for exchange, the City shall execute (if necessary), and the Bond
Registrar shall authenticate, insert the date of registration of, and deliver the Bonds which the
holder making the exchange is entitled to receive.
All Bonds surrendered upon any exchange or transfer provided for in this resolution shall
be promptly cancelled by the Bond Registrar and thereafter disposed of as directed by the City.
All Bonds delivered in exchange for or upon transfer of Bonds shall be valid general
obligations of the City evidencing the same debt, and entitled to the same benefits under this
resolution, as the Bonds surrendered for such exchange or transfer.
Every Bond presented or surrendered for transfer or exchange shall be duly endorsed or
be accompanied by a written instrument of transfer, in form satisfactory to the Bond Registrar,
duly executed by the holder thereof or the Holder's attorney duly authorized in writing.
The Bond Registrar may require payment of a sum sufficient to cover any tax or other
governmental charge payable in connection with the transfer or exchange of any Bond and any
legal or unusual costs regarding transfers and lost Bonds.
Transfers shall also be subject to reasonable regulations of the City contained in any
agreement with the Bond Registrar, including regulations which permit the Bond Registrar to
close its transfer books between record dates and payment dates.
11. Rights Upon Transfer or Exchange. Each Bond delivered upon transfer of or in
exchange for or in lieu of any other Bond shall carry all the rights to interest accrued and unpaid,
and to accrue, which were carried by such other Bond.
12. Interest Payment; Record Date. Interest on any Bond shall be paid on each
Interest Payment Date by check or draft mailed to the person in whose name the Bond is
registered (the "Holder") on the registration books of the City maintained by the Bond Registrar
and at the address appearing thereon at the close of business on the fifteenth (15th) day of the
calendar month next preceding such Interest Payment Date (the "Regular Record Date"). Any
such interest not so timely paid shall cease to be payable to the person who is the Holder thereof
as of the Regular Record Date, and shall be payable to the person who is the Holder thereof at
the close of business on a date (the "Special Record Date") fixed by the Bond Registrar
whenever money becomes available for payment of the defaulted interest. Notice of the Special
Record Date shall be given by the Bond Registrar to the Holders not less than ten days prior to
the Special Record Date.
13. Treatment of Registered Owner. The City and Bond Registrar may treat the
person in whose name any Bond is registered as the owner of such Bond for the purpose of
receiving payment of principal of and premium, if any, and interest (subject to the payment
provisions in paragraph 12 with respect to interest payment and record date) 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.
1617196vl
. 14. Deliverv; Application of Proceeds. The Bonds when so prepared and executed
shaU be delivered by the Clerk to the Purchaser upon receipt of the purchase price, and the
Purchaser shaU not be obliged to see to the proper application thereof.
15. Fund and Accounts. There is hereby created a special fund to be designated the
"General Obligation Capital Improvement Bonds, Series 2004A Fund" (the "Fund") to be
administered and maintained by the Clerk as a bookkeeping account separate and apart from aU
other funds maintained in the official financial records ofthe City. The Fund shaU be maintained
in the manner herein specified until aU of the Bonds and the interest thereon have been fuUy
paid. There shaU be maintained in the Fund three separate accounts, to be designated the
"Construction Account", "Escrow Account" and "Debt Service Account", respectively.
(a) Construction Account. To the Construction Account there shaU be credited the
proceeds of the sale of the Bonds, less accrued interest received thereon, less capitalized interest,
less $ deposited in the Escrow Account and less any amount paid for the Bonds in
excess of$3,846,312. From the Construction Account there shaU be paid aU costs and expenses
of the Improvements, including the cost of any construction contracts heretofore, let the costs of
issuing the Bonds and aU other costs incurred and to be incurred of the kind authorized in
Minnesota Statutes, Section 475.65. Moneys in the Construction Account shaU be used for no
other purpose except as otherwise provided by law; provided that the proceeds of the Bonds may
also be used to the extent necessary to pay interest on the Bonds due prior to the anticipated date
of commencement ofthe coUection of taxes herein levied or covenanted to be levied.
(b) Escrow Account. The City will create an Escrow Account which shaU be
maintained as an escrow account with U.S. Bank National Association (the "Escrow Agent") in
St. Paul, Minnesota, which is a suitable financial institution within or without the State whose
deposits are insured by the Federal Deposit Insurance Corporation and whose combined capital
and surplus is not less than $500,000. $ in Bond proceeds shaU be deposited with
the Escrow Agent and applied to fund the Escrow Account. $ in Bond proceeds,
together with aU investment earnings thereon plus other available municipal funds (estimated to
be $ ) required to adequately fund the Escrow Account for the purposes set forth herein,
are hereby pledged and appropriated and shaU be credited to the Escrow Account. The Escrow
Account shaU be invested in securities maturing or caUable at the option of the holder on such
dates and bearing interest at such rates as shaU be required to provide sufficient funds, together
with any cash or other funds retained in the Escrow Account, to pay when due the accrued
interest on each outstanding Prior Bond to its maturity or to the date on which it is caUed for
redemption as herein provided and to pay the principal amount of each Prior Bond at maturity or
on the date on which it has been caUed for redemption and to pay any premium required for
redemption on such date. The moneys in the Escrow Account shaU be used solely for the
purposes herein set forth and for no other purpose, except that any surplus in the Escrow
Account may be remitted to the City, aU in accordance with an Escrow Agreement (the "Escrow
Agreement") by and between the City, the EDA and U.S. Bank National Association, in St. Paul,
Minnesota, Escrow Agent. A form of the Escrow Agreement is on file in the office of the Clerk.
Any moneys remitted to the City upon termination of the Escrow Agreement shaU be deposited
in the Debt Service Account.
1617196vl
(c) Debt Service Account. There are hereby irrevocably appropriated and pledged to,
and there shall-beeredited to, the Debt Service Account: (i) all accrued interest received upon
delivery of the Bonds; (ii) capitalized interest in the amount of $ (together with
interest earnings thereon and subject to such other adjustments as are appropriate to provide
sufficient funds to pay interest due on the Bonds on or before , 200~; (iii) all
funds paid for the Bonds in excess of $3,846,312; (iv) any collections of all taxes herein or
hereafter levied for the payment of the Bonds and interest thereon; (v) all funds remaining in the
Construction Account after completion of the Improvements and payment of the costs thereof;
(vi) on and after December 2, 2004, any unexpended moneys pledged to the Escrow Account or
the 1997 Public Project Revenue Bond Fund created by the Prior Resolution; and (vii) all
investment earnings on funds held in the Debt Service Account; and (viii) any and all other
moneys which are properly available and are appropriated by the governing body of the City to
the Debt Service Account. The Debt Service Account shall be used solely to pay the principal
and interest and any premiums for redemption of the Bonds and any other general obligation
bonds of the City hereafter issued by the City and made payable from said account as provided
bylaw.
No portion of the proceeds of the Bonds shall be used directly or indirectly to acquire
higher yielding investments or to replace funds which were used directly or indirectly to acquire
higher yielding investments, except (1) for a reasonable temporary period until such proceeds are
needed for the purpose for which the Bonds were issued and (2) in addition to the above in an
amount not greater than the lesser of five percent of the proceeds ofthe Bonds or $100,000. To
this effect, any proceeds of the Bonds and any sums from time to time held in the Construction
Account, the Escrow Account or Debt Service Account (or any other City account which will be
used to pay principal or interest to become due on the bonds payable therefrom) in excess of
amounts which under then applicable federal arbitrage regulations may be invested without
regard to yield shall not be invested at a yield in excess of the applicable yield restrictions
imposed by said arbitrage regulations on such investments after taking into account any
applicable "temporary periods" or "minor portion" made available under the federal arbitrage
regulations. Money in the Fund shall not be invested in obligations or deposits issued by,
guaranteed by or insured by the United States or any agency or instrumentality thereof if and to
the extent that such investment would cause the Bonds to be "federally guaranteed" within the
meaning of Section l49(b) of the Internal Revenue Code of 1986, as amended (the "Code").
16. Tax Levy; Coverage Test. To provide moneys for payment of the principal and
interest on the Bonds there is hereby levied upon all of the taxable property in the City a direct
annual ad valorem tax which shall be spread upon the tax rolls and collected with and as part of
other general property taxes in the City for the years and in the amounts as follows:
Year of Tax Levy
Year of Tax Collection
Amount
See Attached
The tax levies are such that if collected in full they, together with other revenues herein
pledged for the payment of the Bonds, will produce at least five percent in excess of the amount
needed to meet when due the principal and interest payments on the Bonds. The tax levies shall
be irreparable so long as any of the Bonds are outstanding and unpaid, provided that the City
1617196vl
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. General Obligation Pledge. For the prompt and full payment of the principal and
interest on the Bonds, as the same respectively become due, the full faith, credit and taxing
powers of the City shall be and are hereby irrevocably pledged. If the balance in the Debt
Service Account is ever insufficient to pay all principal and interest then due on the Bonds and
any other bonds payable therefrom, the deficiency shall be promptly paid out of any other funds
of the City which are available for such purpose, and such other funds may be reimbursed with
or without interest from the Debt Service Account when a sufficient balance is available therein.
18. Defeasance. When all Bonds have been discharged as provided in this paragraph,
all pledges, covenants and other rights granted by this resolution to the registered holders of the
Bonds shall, to the extent permitted by law, cease. The City may discharge its obligations with
respect to any Bonds which are due on any date by irrevocably depositing with the Bond
Registrar on or before that date a sum sufficient for the payment thereof in full; or if any Bond
should not be paid when due, it may nevertheless be discharged by depositing with the Bond
Registrar a sum sufficient for the payment thereof in full with interest accrued to the date of such
deposit. The City may also discharge its obligations with respect to any prepayable Bonds called
for redemption on any date when they are prepayable according to their terms, by depositing
with the Bond Registrar on or before that date a sum sufficient for the payment thereof in full,
provided that notice of redemption thereof has been duly given. The City may also at any time
discharge its obligations with respect to any Bonds, subject to the provisions of law now or
hereafter authorizing and regulating such action, by depositing irrevocably in escrow, with a
suitable banking institution qualified by law as an escrow agent for this purpose, cash or
securities described in Minnesota Statutes, Section 475.67, Subdivision 8, bearing interest
payable at such times and at such rates and maturing on such dates as shall be required, without
regard to sale and/or reinvestment, to pay all amounts to become due thereon to maturity or, if
notice of redemption as herein required has been duly provided for, to such earlier redemption
date.
19. Compliance with Reimbursement Bond Regulations. The provisions of this
paragraph are intended to establish and provide for the City's compliance with United States
Treasury Regulations Section 1.150-2 (the "Reimbursement Regulations") applicable to the
"reimbursement proceeds" of the Bonds, being those portions thereof which will be used by the
City to reimburse itself for any expenditure which the City paid or will have paid prior to the
Closing Date (a "Reimbursement Expenditure").
The City hereby certifies and/or covenants as follows:
(a) Not later than 60 days after the date of payment of a Reimbursement Expenditure,
the City (or person designated to do so on behalf of the City) has made or will have made a
written declaration of the City's official intent (a "Declaration") which effectively (i) states the
City's reasonable expectation to reimburse itself for the payment of the Reimbursement
Expenditure out of the proceeds of a subsequent borrowing; (ii) gives a general and functional
description ofthe property, project or program to which the Declaration relates and for which the
Reimbursement Expenditure is paid, or identifies a specific fund or account of the City and the
1617196vl
general functional purpose thereof frop1 which the Reimbursement Expenditure was to be paid
(collectively the "Project"); and (iii) states the maximum principal amount of debt expected to be
issued by the City for the purpose of financing the Project; provided, however, that no such
Declaration shall necessarily have been made with respect to: (i) "preliminary expenditures" for
the Project, defined in the Reimbursement Regulations to include engineering or architectural,
surveying and soil testing expenses and similar prefatory costs, which in the aggregate do not
exceed 20% of the "issue price" of the Bonds, and (ii) a de minimus amount of Reimbursement
Expenditures not in excess of the lessor of $100,000 or 5% of the proceeds ofthe Bonds.
(b) Each Reimbursement Expenditure is a capital expenditure or a cost of issuance of
the Bonds or any of the other types of expenditures described in Section 1.150-2( d)(3) of the
Reimbursement Regulations.
(c) The "reimbursement allocation" described in the Reimbursement Regulations for
each Reimbursement Expenditure shall and will be made forthwith following (but not prior to)
the issuance ofthe Bonds and in all events within the period ending on the date which is the later
of three years after payment of the Reimbursement Expenditure or one year after the date on
which the Project to which the Reimbursement Expenditure relates is first placed in service.
(d) Each such reimbursement allocation will be made in a writing that evidences the
City's use of Bond proceeds to reimburse the Reimbursement Expenditure and, ifmade within 30
days after the Bonds are issued, shall be treated as made on the day the Bonds are issued.
Provided, however, that the City may take action contrary to any of the foregoing
covenants in this paragraph upon receipt of an opinion of Bond Counsel for the Bonds stating in
effect that such action will not impair the tax-exempt status ofthe Bonds.
20. Continuing Disclosure. The City is the sole obligated person with respect to the
Bonds. The City hereby agrees, in accordance with the provisions of Rule l5c2-l2 (the "Rule"),
promulgated by the Securities and Exchange Commission (the "Commission") pursuant to the
Securities Exchange Act of 1934, as amended, and a Continuing Disclosure Undertaking (the
"Undertaking") hereinafter described to:
(a) Provide or cause to be provided to each nationally recognized municipal securities
information repository ("NRMSIR") and to the appropriate state information depository ("SID"),
if any, for the State of Minnesota, in each case as designated by the Commission in accordance
with the Rule, certain annual financial information and operating data in accordance with the
Undertaking. The City reserves the right to modify from time to time the terms of the
Undertaking as provided therein.
(b) Provide or cause to be provided, in a timely manner, to (i) each NRMSIR or to the
Municipal Securities Rulemaking Board ("MSRB") and (ii) the SID, notice of the 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 (i) each NRMSIR or to the
MSRB and (ii) the SID, notice of a failure by the City to provide the annual financial informationnwith respect to the City described in the Undertaking.
1617196vl
(d) The _ City agrees that its covenants pursuant to the Rule set forth in this paragraph
21 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 Clerk of the City, or any other officer of the City authorized to act in their
place (the "Officers") are hereby authorized and directed to execute on behalf of the City the
Undertaking in substantially the form presented to the City Council subject to such modifications
thereof or additions thereto as are (i) consistent with the requirements under the Rule, (ii)
required by the Purchaser ofthe Bonds, and (iii) acceptable to the Officers.
21. Certificate of Registration. A certified copy of this resolution shall be filed in the
office of the County Auditor of Anoka County, Minnesota, together with such other information
as the County Auditor shall require and the County Auditor shall issue a certificate that the
Bonds have been entered in the County Auditor's Bond Register and that the tax levy required by
law has been filed and levied.
22. Records and Certificates. The officers of the City are hereby authorized and
directed to prepare and furnish to the Purchaser, and to the attorneys approving the legality 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 same appear from the books and records under their custody and control or as
otherwise known to them, and all such certified copies, certificates and affidavits, including any
heretofore furnished, shall be deemed representations of the City as to the facts recited therein.
23. Negative Covenant as to Use Bond Proceeds and Proiect. The City hereby
covenants not to use the proceeds of the Bonds or to use the Project, or to cause or permit it to be
used, or to enter into any deferred payment arrangements for the cost of the Project, in such a
manner as to cause the Bonds to be "private activity bonds" within the meaning of Sections 103
and 141 through 150 ofthe Code.
24. Tax-Exempt Status of the Bonds; Rebate; Election. The City shall comply with
requirements necessary under the Code to establish and maintain the exclusion from gross
income under Section 103 of the Code of the interest on the Bonds, including without limitation
requirements relating to temporary periods for investments, limitations on amounts invested at a
yield greater than the yield on the Bonds, and the rebate of excess investment earnings to the
United States.
The City expects to satisfy the two year expenditure exemption for gross proceeds of the
Bonds as provided in Section 1.148-7(e)(1) of the Regulations with respect to the non-refunding
portion of the Bonds. If any elections are available now or hereafter with respect to arbitrage or
rebate matters relating to the Bonds, the Mayor and/or the Clerk, are hereby authorized and
directed to make such elections as they deem necessary, appropriate or desirable in connection
with the Bonds, and all such elections shall be, and shall be deemed and treated as, elections of
the City.
1617196vl
25. No Designation of Qualified Tax-Exempt Obligations. The Bonds have not been
designated as "qualified tax-exempt obligations" within the meaning of Section 265(b )(3) of the
Code.
26. Refunding Requirements.
(a) Until retirement of the Prior Bonds, all provIsIOns theretofore made for the
security thereof shall be observed by the City and all of its officers and agents.
(b) On or prior to the delivery of the Bonds the Mayor and City Clerk shall, and are
hereby authorized and directed to, execute on behalf of the City the Escrow Agreement. The
Escrow Agreement is hereby approved and adopted and made a part of this resolution and the
City covenants that it will promptly enforce all provisions thereof in the event of default
thereunder by the Escrow Agent.
(c) Securities purchased from moneys in the Escrow Account shall be limited to
securities set forth in Minnesota Statutes, Section 475.67, Subdivision 8, and any amendments or
supplements thereto. Securities purchased from the Escrow Account shall be purchased
simultaneously with the delivery of the Bonds. The City has investigated the facts and hereby
finds and determines that the Escrow Agent is a suitable financial institution to act as escrow
agent.
(d) The Prior Bonds which mature on or after December 1,2005, shall be redeemed
and prepaid on December 1, 2004, in accordance with the terms and conditions set forth in the
Notice of Call for Redemption substantially in the form attached to the Escrow Agreement,
which terms and conditions are hereby approved and incorporated herein by reference. The
Notice of Call for Redemption shall be given pursuant to the Escrow Agreement. Failure to give
notice by mail to any registered owner, or any defect therein, will not affect the validity of any
proceedings for the redemption ofthe Prior Bonds.
(e) Ehlers & Associates, Inc., as agent for the City, is hereby authorized and directed
to purchase on behalf of the City and in its name the appropriate United States Treasury
Securities, State and Local Government Series, and/or open market securities as provided in
Section 26(iii), from the proceeds of the Bonds and, to the extent necessary, other available
funds, all in accordance with the provisions of this resolution and the Escrow Agreement and to
execute all such documents (including the appropriate subscription form) required to effect such
purchase in accordance with the applicable U.S. Treasury Regulations.
27. Termination of Lease and Ground Lease. The City hereby elects to exercise its
option under Section lOA ofthe Lease with Option to Purchase Agreement between the City and
the EDA, dated as of September 1, 1997 (the "Lease") to prepay its Rental Payments (as defined
in the Lease) through December 1,2004 and deposit funds sufficient to defease the outstanding
Prior Bonds as provided in the Escrow Agreement. As provided in the Lease, the City hereby
determines and declares that upon the issuance of the Bonds and the funding of the Escrow
Account, the Lease and the Ground Lease between the City and the EDA, dated as of September
1, 1997 shall be terminated and the EDA shall have no further right, title and/or interest in and to
the Public Works Building.
I617196vl
28. Severability. If any section, paragraph or provision ofthis resolution shall be held
to be invalid or unenforceable for any reason, the invalidity or unenforceability of such section,
paragraph or provision shall not affect any of the remaining provisions of this resolution.
29. Payment of Issuance Expenses. The City authorizes the Purchaser to forward the
amount of Bond proceeds allocable to the payment of issuance expenses to U.S. Trust Company,
Minneapolis, Minnesota on the closing date for further distribution as directed by the City's
financial advisor, Ehlers.
30. Headings. Headings in this resolution are included for convenience of reference
only and are not a part hereof, and shall not limit or define the meaning of any provision hereof.
The motion for the adoption of the foregoing resolution was duly seconded by member
and, after a full discussion thereof and upon a vote being taken thereon, the
following voted in favor thereof:
and the following voted against the same:
whereupon the resolution was declared duly passed and adopted.
1617196vl
STATE OF MINNESOTA
CITY OF ANDOVER
I, the undersigned, being the duly qualified and acting Clerk of the City of Andover,
Minnesota, DO HEREBY CERTIFY that I have compared the attached and foregoing extract of
minutes with the original thereof on file in my office, and that the same is a full, true and
complete transcript of the minutes of a meeting of the City Council, duly called and held on the
date therein indicated, insofar as the minutes relate to considering proposals and awarding the
sale of$3,895,000 General Obligation Capital Improvement Bonds, Series 2004A.
WITNESS my hand on February _, 2004.
Clerk
1617196vl
o
o
o
CITY OF
NDOVE
1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (763) 755-5100
FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US
TO:
CC:
FROM:
SUBJECT:
DATE:
Mayor and City Council
John Erar, City Adrrtinistratof
Vicki V olk, City Clerk
Approval of Minutes
February 17, 2004
INTRODUCTION
The following minutes have been provided by TimeSaver for Council approval:
January 27,2004
Workshop Meeting
February 3, 2004
DISCUSSION
Regular Meeting
Copies of the minutes have been e-mailed to Mayor Gamache and Councilmembers
Orttel and Jacobson with hard copies provided to Councilmembers Knight and Trude.
ACTION REQUIRED
The City Council is requested to approve the minutes listed above.
Respectfully submitted,
~.(J~
Vicki Volk
City Clerk
(f)
Andover Deputies
@
o Kevin Ivory - Has been with the Sheriffs Office for 11 years. Currently working A shift.
Mike Jorgensen - Has been with the Sheriffs Office for 10 years. Dive Team member.
Currently working A shift.
Dave Wiley - Has been with the Sheriffs Office for 7 years. Dive Team member, Use of
Force instructor, Field Training Officer, Range Officer and an armorer.
Currently working A shift.
Bob Elmer - Has been with the Sheriffs Office for 12 years. Currently working day power.
Sean Merritt - Has been with the Sheriffs Office for 2 years. Currently working day
power.
Justin Miller - Has been with the Sheriff s Office for 1 year. Previously a Community
Service Officer with our department. Currently working B shift.
Andy Lindberg - Has been with the Sheriffs Office for 1 year. Currently working B shift.
o
Jon Essig - Has been with the Sheriffs Office for 1 year. Crime Watch Deputy.
Previously a Community Service Officer with our department. Currently
working B Shift.
John Henrichsen - Has been with the Sheriffs Office for 3 years. Currently working night
power.
Kim Hauger - Has been with the Sheriffs Office for 5 years. K-9 officer and Crime Watch
Deputy. Currently working night power.
Chris Johnson - Has been with the Sheriffs Office for 5 years. Field Training Officer,
Negotiator with the SWAT team, Range Officer, and Use of Force
instructor. Currently working C shift.
Brett Froslee - Has been with the Sheriffs Office for 4 years. Use of Force Instructor and
Range Officer. Currently working C shift.
Paul Lenzmeier - Has been with the Sheriffs Office for 5 years. Range Officer, Use of
Force Instructor and Taser Instructor. Currently working as the School
Liaison Officer at Oak View Middle School.
Jim Dussl- Has been with the Sheriffs Office for 8 years. Dive Team member. Currently
working as the School Liaison Officer at Andover Senior High.
Todd Diegnau - Has been with the Sheriffs Office for 4 years. Currently working as the School
o Resource Officer for Crooked Lake, Andover, and Rum River Elementary Schools.
o
o
o
(j)
1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304. (763) 755-5100
FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US
TO:
Mayor and Councilmembers
FROM: John Erar, City Administrator
SUBJECT: Presentation/ACE Solid Waste
DATE: February 17, 2004
INTRODUCTION
ACE Solid Waste Representative Julie Rosenberg will be in attendance to present the City of
Andover Parks with a check for $460.
DISCUSSION
As you mayor may not know, for every net new residential customer, ACE will donate on a
monthly basis $5.00 toward the City parks in Andover which is used to help develop the City
park system.
ACTION REOUIRED
The City Council is to make a motion accepting the donation from ACE Solid Waste.
ctfully submitted,
o
o
o
1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (763) 755-5100
FAX (763) 755-8923. WWW.CI.ANDOVER.MN.US
TO:
Mayor and City Council
John Enrr. City AdminiS-f
Vicki V olk, City Clerk
CC:
FROM:
SUBJECT:
Presentation/School Dist. 11/Andover High School Book Club
DATE:
February 17, 2004
INTRODUCTION
Students from Andover High School'S'Read 'n Feed Book Club will be present to inform
the public about their book club.
ACTION REOUIRED
The Mayor is requested to read the attached proclamation.
Respectfully submitted,
c1:.L . CJrU
Vicki Volk
City Clerk
(9
Q
City of jlnaover
(p(J{OCLjl9djlfJ10:N
o
Whereas, the students of Andover High School support the
promotion of reading as the catalyst for them and their fellow
students' future academic success, preparation for America's
future jobs, and ability to compete in the global economy; and
Whereas, the City of Andover has provided significant
leadership in the area of community involvement in the
education of the city's youth, grounded on the principle that
educational investment is key to the community's well-being
and long-term quality of life; and
Whereas, "Read Across Andover" promotes reading by not
only our city's youth, but also its adults in the promotion of
community education.
Now, therefore be it resolved that the City of Andover
encourages the residents of Andover to become involved in
the reading of The Kitchen Bov by Robert Alexander the week
of February 19-26, 2004.
Be it further resolved that the City Council enthusiastically
endorses "Read Across Andover" and recommits OUr
community to engage in programs and activities that
encourage the city's youth to partake in educational programs.
c
:Mayor
City of ./l.naover
o
@)
1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304. (763) 755-5100
FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US
TO:
Mayor and Council Members
FROM: John Erar, City Administrator
SUBJECT: Anoka County Economic Development Legislation - Presentation
DATE: February 17,2004
INTRODUCTION
Anoka County representatives will be attending the February 17, 2004 meeting to present issues
relative to their 2004 legislative initiative on gaining authority for economic development
activities.
DISCUSSION
Council has received background information on the County's legislative efforts regarding their
existing Anoka County Regional Rail Authority. I have included this information again for your
o convenience.
o
ACTION REOUlRED
Receive additional information from Anoka County representatives.
r
'COUNTY OF ANOKA
OFFICE OF COUNTY BOARD OF COMMISSIONERS
GOVERNMENT CENTER
2100 3RD AVENUE. ANOKA, MINNESOTA 55303-2265
(763) 323-5700
January 30, 2004
The Honorable Mike Gamache
Mayor
City of Andover
2815 134th Avenue NW
Andover MN 55304
Dear Mayor Gamache:
Enclosed is the Revisors draft of Anoka County's proposed legislation allowing the county to
engage in economic development and transit oriented activities.
o
Please note there is a minor change in this version. Where statutory language references HRA
powers as it relates to transit oriented development, additional language was inserted to clarify that
the county could not exercise taxing powers when engaged in these activities. This is found in
Section 1, Subdivision 1, Lines 16, starting with the word "except", and Lines 17 and 18.
We look forward to hearing your thoughts about this proposal. Our thanks to all of you who have
taken the time to consider and provide input on this important issue.
Sincerely,
rm~
~ d~d.
Commissioner Margaret Langfeld, Chair
Intergovernmental Committee
Commissioner Jim Kordiak
District 4
o
LS/tc
Enclosure
cc: City Administrator/Manager
Anoka County Board of Commissioners
Trustee Paul McCarron, ACHRA Chair
Tim Yantos, Deputy County Administrator
Steve Novak, Governmental Services Division Manager
Karen Skepper, CDBG Manager
Don Jacobson, Council Member, City of Andover
Robert Streetar, Columbia Heights Community Development Director
Steven E. Billings, Council Member, City of Fridley
Bruce Nawrocki, Council Member, City of Columbia Heights
FAX: 763-323-5682 Affirmative Action / Equal Opportunity Employer TDDI1TY: 763-323-5289
.~,
/0 . !
p4,~'
y 3ojUt'1
o
1 A bill for an act
2 relating to the Anoka County Regional Railroad
3 Authority; authorizing the Anoka county Regional
4 Railroad Authority to exercise economic development
5 authority powers.
6 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
7 Section 1. [ANORA COUNTY REGIONAL RAILROAD AUTHORITY
8 POWERS.)
9 Subdivision 1. [ECONOMIC DEVELOPMENT POWERS AND
10 DUTIES.) The Anoka Count
Authorit
11 exercise an of the owers and duties of an economic develo ment
12 authority under Minnesota Statutes, sections 469.090, 469.098,
13 and 469.101 to 469.106. The Anoka County Regional Railroad ~
14 Authority may exercise the powers under Minnesota Statutes,
15 sections 469.001 to 469.047, for the purpose of transit-oriented
16 develo ment, exce t that the Anoka Count
ional Railroad
17 Authority must not exercise the power to tax under Minnesota
18 Statutes, section 469.033, subdivision 6.
19 Statutes, sections 469.001 to 469.047, 469.090, 469.098, and
20 469.101 to 469.106, to the Anoka County Regional Railroad
21 Authorit, the count is considered to be the cit and the
22 county board is considered to be the city council.
23 Subd. 2. [RELATION TO LOCAL AUTHORITIES.] Nothing in
24 subdivision 1 shall change or impair the powers or duties of a
25 cit, town, munici al housin
authorit , or
o
Section 1
1
John Erar
From:
Sent:
To:
~c:
~ubject:
Lona Schreiber [Lona.Schreiber@co.anoka.mn.us]
Monday, February 02, 2004 1 :56 PM
John Erar
DaveSMcCauley@aol.com; Margaret Langfeld; Steve Novak; Tim Yantos
Your ACCRA questions
The amount Anoka County levied under its rail authority for pay 2004 is $2,854.956.
The statutory limit is .04835 for county rail authorities.
Anoka County' taxable value for pay 2004 is $199,992.00.
With that local taxable value times the rate, the maximum amount that could be raised is
$9,669,657.
The amount currently being levied will very adequately cover Anoka county's share if the
project moves forward. Northstar is not slated to open until late 2007. That would be
the year the local participation amount for operations would be necessary. A very very
rough estimate is $1.5 m as Anoka County's share. (The Governor has told us he is open to
other creative ways of paying for this rather than property tax.)
The remainder is what is being proposed for county economic development projects and
transit oriented development. A councilor at Anoka asked if this EDA proposal would fund
the Vikings. The answer is no.' The current Vikings proposal has no broad county wide
property tax elements. The amount that we would have left from our annual rail levy would
be a drop in the bucket of that $600 M proposal.
The county board has no plans or any specific projects proposed for 2005 and 2006 if this
special legislation was passed. So there is no way I could answer what future increases
may be, if any.
Thanks for your interest. Let me know if you need anything further.
Lona Schreiber
Intergovernmental Relations Coordinator
Anoka County
~100 3rd Ave.
~oka, MN 55303
763/323-5745
763/323-5682 fax
lona.schreiber@co.anoka.mn.us
o
1
'($
f\-ic1~~d!1 !
'-J'
'.,..../
NOKA COUNTY REGIONAL RAILROAD AUTHORITY (ACRRA)
Dennis D. Berg, Chair Dave McCauley. Vice Cbair
Dan Erlmrt MaIgntcI Umgfeld
Dick Ung Jim A. Ko,diak 0
Rhoncla Sivarojoh
January 22, 2004
TIM YANTOS
Executive Director
Direct #763-323-5692
Doris Nivala
Administrator/Treasurer/City Clerk
City of Ham Lake
15544 Central Ave., NE
Ham Lake, MN 55304
RE: Anoka County Regional Railroad AnthorityDear Ms. Nivala:
This is in response to your inquiries about the Anoka County Regional Railroad Authority. As my notes
indicate, and a subsequent conversation you had with Lona Schreiber, these are the questions you asked with
the answers following:
1. When was the Anoka County Rail Aurhority established?
It was incorporated in 1987_
o
2. Who are the members of the Railroad Authority?
The county board members are the members of rhe railroad authority.
3. How much is the budget for the Anoka Rail Authority?
The levy for the Anoka County Regional Railroad Authority for pay 2004 is $2,854,956. Attachment
#1 shows the levy amountS since 1989 when the levy was first imposed.
4. Does Anoka County spread this levy county wide? .
Yes. this levy has always been spread on all taxable property in the county. At the time of inception,
all procedures and notification to the local units of government were followed as required by law.
5. How much does Anoka County contribute to the No+thstar Conido! Development Authority?
Anoka County's share to the joint powers board, made up of four other counties, is a percentage
c:ontribution based on 2000 census data. That is 63.5 percent of the total contributions in the amount
for 2004 of $1,202,126. Attachment #2 is an excerpt of the budget document for the NCDA showing
the breakdown of each counties contribution. The five mile corridor limit you inquired about was the
guideline (excluding those west of the Mississippi River) used by the counties to detennine which
counties should participate financially in the commuter rail project.
o
Telephone; (763) 323-5700; Fax: (763) 323-5682; IDDfITY; (763) 323-5289
Government Center, Administration Office, 2100 3rd Avenue, Anoka, MN 55303-2265
u*~,
JAN 29 2004 14:50
PAGE. 02
" .
o
o
o
January 22,2004
Page 2
6. How much is Ham Lake's contribution to the rail levy?
The City of Ham Lake, per se, does not contribute to the railroad authority. Ham Lake property tax
payers do when they pay their county share of property taxes. Attachment #3 shows this calculation
for the regional railroad, and road and bridge purposes for Ham Lake and Coon Rapids property tax
payers to provide context. Ham Lake's 2004 share of the net tax levy for regional rail puxposes is
$134,092. Coon Rapid's contribution is $477,247. For road and bridge purposes, Ham Lake has
slightly ~ county road miles. The breakdown with Ham Lake tax payers contributing $599,010
and Coon Rapids contributing $2,131,940.
Ii I have not adequately answered your questions, please do not hesitate to contact me for more infonnation.
TY/tc
Enclosures - 3
cc:
Commissioner Dennis Berg
Commissioner Dick Lang
COmmissioner Margaret langfeld
.A
JAN 29 2004 14:50
Sincerely,
1.:.."1~
Tim Y antAs
Executive Director, ACRRA
PAGE. 03
'\...,./
'\......I
Enc1os\lJ'e #1
Regional Railroad Authority Levy Amounts
Year
1989
1990
1991
1992
1993
1994
1995
1996
1997
1998
1999
2000
2001
2002
2003
2004
JAN 29 2004 14:51
Amount ($)
$500,000
$250,000
$365,000
$237,000
$0 .
$181,958
$182,000
$180,752
$0
$699,020
$896.471
$~200,OOO
$2.528,972
$2,693,355
$2,854,956
$Z,854.956
Net $42
Net $42
PAGE. 04
o
o
o
o
Q
o
. - ~ . - ~ ,
, Enclosure #2
v
\.J
Proposed 2003 and 2004 Revenues
Total Revenue
Federal Grant $4,098,100
NCDA Match $1,086,689
NCDA Contribution for Non- $727,500
eliaible Exoenses
Special Demonstration NCDA (1/3) $34,536
Project: Northstar Commuter
Bus Service - County .
Reimbursement
Anoka County (1/3) $34,536
.
TOTAL Sherburne County (1/3) $34,536
$6,015,897
. Proposed 2003 and 2004 Contributions
County/RRA Percent Contribution TotaI2"~ Half 2003 and 1~1
Based on 2000 Census Half 2004 Contributions
Data
Benton 7.0% $128,710.75
Sherburne 15.0% $310,344.75'
Hennepin 14_5"10 C $266,615.13
Anoka 63.5% $1,202,126.37'
Morrison Nfa $10,000.002
Total 100% $1,917,797.00'
NOTES:
1 Includes contributions by Anoka and Sherbume Counties for the Special DemonStration
Project Northstar Commuter Bus.
2 As in previous years, the Morrison County contribution is limited to a portion of the
administrative costs of the NCOA.
JAN 29 2004 14:51
PAGE. 05
v
.
\..../
Enclosure #3
o
Anoka County Regional Railroad Authority Tu Levy
Local Taxable
Value
Anoka County
City of Coon Rapids
City of Ham Lake
199,992,900
39,671,384
11,146,442
Tax Rate
1.203%
1.203 %
1.203%
Tax
Generated
2,405,915
477,247
134,092 . ZOO4 share of net tax levy
for regional rail purpose
Anoka County Road and Bridge Tax Levy
Local Taxable .
Value
Tax Rate
Tax
Generated
Anoka County
City of Coon Rapids
City of Ham Lake
199,992,900
39,671,384
11,146,442
5.374% .
5.374%
5.374%
Miles of county highways:
Ham Lake - 30.165 miles
Coon Rapids - 29.07 miles
10,747,618
2,131,940
599,010 - 2004 share ofnet tax levy 0
county road and bridge
purposes
Local Taxable Value and Tax Rates are Payable 2004 Troth-in-Taxation information.
*Estimated rate for Road ao,d Bridges
**Actual rate calculated for Pay 2004 Truth in Taxation
JAN 29 2004 14:51
o
PAGE. 06
0$
o
o
Government Finance Officers Association
203 North laSalle Street, Suite 2700
Chicago, Illinois 6060 1-121 0
312.977.9700 fax: 312.977.4806
~)
January 27/ 2004
For information contact:
Stephen Gauthier (312) 977~9700
NEWS RELEASE
(Chicago}--The Certificate of Achievement for Excellence in Finan-
cial Reporting has been awarded to: City of Andover, MN
by the Government Finance Officers Association of the United States
and Canada (GFOA) for its comprehensive annual financial report
(CAFR). The Certificate of Achievement is the highest form of
recognition in the area of governmental accounting and financial
reporting, and its attainment represents a significant accomplish-
ment by a government and its management.
An Award of Financial Reporting Achievement has been awarded
to the individual(s), department or agency designated by the
government as primarily responsible for preparing the award-
winning CAFR. This has been presented to:
James Dickinson, Finance Director
The CAFR has been judged by an impartial panel to meet the
high standards of the program including demonstrating a construc-
tive "spirit of full disclosure" to clearly communicate its
financial story and motivate potential users and user groups
to read the CAFR.
The GFOA is a nonprofit professional association serving
approximately 14/000 government finance professionals with offices
in Chicago, Illinois, and Washington, D.C.
www.gfoa.org
o
Certificate of
Achievement
for Excellence
in Financial
Reporting
Presented to
City of Andover,
Minnesota
o
For its Comprehensive Annual
Financial Report
for the Fiscal Year Ended
December 31, 2002
A Certificate of Achievement for Excellence in Financial
Reporting is presented by the Government Finance Officers
Association of the United States and Canada to
government units and public employee retirement
systems whose comprehensive annual financial
reports (CAFRs) achieve the highest
standards in government accounting
and [mancial reporting.
~
President
~/~
Executive Director
o
o
(j)
1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (763) 755-5100
FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US
TO: Mayor and Council Members
CC: John Erar, City Administratorqt-
FROM: David D. Berkowitz, City Engineer
SUBJECT: Accept Feasibility Report/Order Public Hearingl04-2/2004 Overlays -
Engineering
DATE: February 17, 2004
INTRODUCTION
The City Council is requested to accept the feasibility report and order the public hearing for street
improvements in the areas of Kiowa Terrace & Valley View Estates 2nd Addition for Project 04-2,
2004 Overlays.
o
DISCUSSION
Staff held a neighborhood meeting on February 2, 2004 to discuss the project and receive
information from the residents. Preliminary feasibility information along with estimated assessment
costs were presented to the residents at the meeting.
The total project cost is estimated at $336,326.72. The City portion is estimated at $208,316.55 and
the assessed cost would be $128,010.18
The estimated assessment is as follows:
Kiowa Terrace: $2,398.80/lot
Valley View Estates 2nd Addition: $3,042.l8/lot
BUDGET IMP ACT
The street construction would be funded from the Road & Bridge Fund and the concrete curb and
gutter construction plus indirect cost would be assessed to the benefiting properties.
o
ACTION REQUIRED
The City Council is requested to approve the resolution accepting the feasibility report and ordering
public hearing on the street improvement in the areas of Kiowa Terrace & Valley View Estates 2nd
Addition for Project 04-2, 2004 Overlays.
Respectfully submitted,
tjJ~(J, ~t
David D. Berkowitz ~
....< -././ v
Attachments: Resolution, Neighborhood Meeting Sign Up Sheet, Resident Comments & Feasibility
ReDort (located in side Docket of Dacket)
o
c
o
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO.
MOTION by Councilmember to adopt the following:
A RESOLUTION ACCEPTING FEASIBILITY REPORT AND CALLING PUBLIC
HEARING ON IMPROVEMENTS OF 2004 OVERLAYS, PROJECT NO. 04-2 IN
THE AREA OF KIOWA TERRACE & VALLEY VIEW ESTATES 2ND ADDiTiON.
WHEREAS, pursuant to Resolution No. 015-04, adopted the 20th day of
January, 2004 a Feasibility Report has been prepared by the City Enqineer for
the improvements: and
WHEREAS, such report was received by the City Council on the 1 ih
day of February ,2004; and
WHEREAS, such report declared the proposed assessment to be feasible
for an estimated project cost of $ 336,326.72 .
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Andover that:
1. The City Council hereby accepts the Feasibility Report for Project No. 04-2, for
the improvements.
2. The Council will consider the improvements in accordance with the report and
the assessment of abutting property for all or a portion of the improvement
pursuant to Minnesota Statutes Chapter 429 at an estimated total cost of the
improvement of $336,326.72 .
3. A public hearing shall be held on such proposed improvement on the 1st
day of March, 2004 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
City Council at a reqular meeting this 1ih
Councilmembers
and adopted by the
day of February , 2004 , with
voting
in favor of the resolution, and Councilmembers
voting against, whereupon said resolution was declared passed.
CITY OF ANDOVER
ATTEST:
Michael R. Gamache - Mayor
Victoria Volk - City Clerk
Q
o
o
O;:;Le 0'1- 2-
~\NDbVE~
1685 CROSSTOWN BOULEVARD N,W. . ANDOVER, MINNESOTA 55304. (763) 755-5100
FAX (763) 755-8923 . WWW.CI.ANDOVER.MN,US
INFORMATION MEETING
2004 OVERLAY PROJECT
(KIOWA TERRACE & VALLEY VIEW ESTATES 2ND ADDITION)
CITY PROJECT NO. 04-2
MONDAY, FEBRUARY 2, 2004
4:30 p.m.-7:00 p.m.
ANDOVER CITY HALL
NAME
PHONE NO.
..~~. ..s~ .
'-i'a<{
1-6 3-' 15 3~ 6 7
?Y>-{~
Rt.c O<{_ L
o
COMMENT SHEET
2004 OVERLAY PROJECT
(KIOWA TERRACE & VALLEY VIEW ESTATES 2ND ADDITION)
CITY PROJECT NO. 04-2
INFORMATION MEETING
ANDOVER CITY HALL
1685 CROSSTOWN BOULEVARD NW
ANDOVER, MN 55304
MONDAY, FEBRUARY 2, 2004
4:30 p.m.-7:00 p.m.
Name: _~ aM ~)'kfid~A
Address:. . 8t/l V'!!:1 tAw ~ .11) uJ
Phone: 75~'9&5?
o commen(/J AkuL (ti I<Junu d aJU Jritfn V'tfUIf/r
C afJt hi, r ~ut j-- J1 Jag f!~ fa I21uhd r/t;;y r CJt? d
YL QJJ/.ftLcL VQ . ddi . CUt b ttnJf 1J u21iY
. OY.1tYw.CL UJIV /{)tU- Info .~1JCd-
(j) I! Mb i 1~ PJvpuf /nhJ ebftd
/uJcy~ IiJHj UJ.-'t; tu [()Af- ~;0UVI-AU
dmll ? . (j
o
G:\DATA\STAFF\RHONDAA\FORMS\COMMENT SHEET.doc
o
0J
1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304. (763) 755-5100
FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US
TO:
Mayor and Council Members
John Erar, City Administrato1l./
David D. Berkowitz, City Engineer
CC:
FROM:
SUBJECT:
Approve Joint Powers Agreement/04-10/Bunker Lake Boulevard NW &
Quinn Street NW /Traffic Signal - Engineering
DATE:
February 17, 2004
INTRODUCTION
This item is in regards to approving the Joint Powers Agreement between the City of Andover
and Anoka County for Project 04-10, Bunker Lake Boulevard NW & Quinn Street NW/Traffic
Signal.
o DISCUSSION
As part of the Festival Foods development area, United Properties constructed a traffic signal at
Bunker Lake Boulevard NW & Quinn Street NW. All construction costs related to the project
were covered by United Properties. Once the traffic signal was accepted by the City arid the
County, the signal maintenance requirements became the City's responsibility.
o
On Page 2, Section III, Parts B4 & C of the Joint Powers Agreement refer to City costs for
County signal inspection. The cost for such inspections will be paid by United Properties.
The Joint Powers Agreement with Anoka County is attached for your review.
BUDGET IMPACT
The traffic signal power and maintenance costs are covered by the General Fund (Traffic Signal
Cost Center).
ACTION REQUIRED
The City Council is requested to approve the Joint Powers Agreement with Anoka County for
Project 04-10, Bunker Lake Boulevard NW & Quinn Street NW/Traffic Signal.
Respectfully submitted,
Q~C;) ~ ~uH,i
David D. Berkowit~P
Attachments: Joint Powers Agreement ,/'
.",
o
o
o
Anoka County Contract No.2003-0529
JOINT POWERS AGREEMENT
FOR THE SIGNAL CONSTRUCTION ON COUNTY STATE AID HIGHWAY 116
(BUNKER LAKE BOULEVARD) AT QUINN STREET.
(CP 02-11-116)
This Agreement made and entered into this 27th day of May, 2003, by and between the County of
Anoka, a political subdivision of the State of Minnesota, 2100 Third Avenue North, Anoka,
Minnesota, 55303, hereinafterreferred to as "County", and the City of Andover, 1685 Crosstown
Blvd. NW, Andover, Minnesota 55304 hereinafter referred to as the "City".
WITNESSETH
WHEREAS, the parties of this agreement consider it mutually desirable to provide a new traffic
control signal at the intersection of County State Aid Highway No. 116 (Bunker Lake Boulevard)
and Quinn Street for the safety of the traveling public; and,
WHEREAS, Warrants for the traffic signal installation are met entirely on the basis of Projected
Traffic Volumes; and,
WHEREAS, the parties agree that the City shall cause the construction of the signal at County
State Aid Highway No. 116 (Bunker Lake Boulevard) and Quinn Street; and,
WHEREAS, the City's developer, United Properties, has prepared plans and specifications for
Project No. CP 02-11-116 which are dated July 23,2002, and which are on file in the office of
the City Engineer; and,
WHEREAS, the parties agree that it is in their best interest that the cost of said project be shared;
and,
WHEREAS, Minnesota Statute 471.59 authorizes political subdivisions of the State to enter into
joint powers agreements for the joint exercise of powers common to each.
NOW, THEREFORE, IT IS MUTUALLY STIPULATED AND AGREED:
I. PURPOSE
The parties have joined together for the purpose of constructing the traffic control signal
at the intersection of County State Aid Highway No. 116 (Bunker Lake Blvd.) and Quinn St, as
described in the plans and specifications numbered CP 02-11-116 on file in the office of the
Andover City Engineer which are incorporated herein by reference.
JIll-
o
o
o
II. METHOD
The City shall provide all engineering services and shall cause the construction of CP 02-
11-116 in conformance with said plans and specifications. The City shall do the calling for all
bids and the acceptance of all bid proposals.
III. COSTS
A. The contract costs of the work, or if the work is not contracted, the cost of all
labor, materials, normal engineering costs and equipment rental required to complete the work,
shall constitute the actual "construction costs" and shall be so referred to herein. "Estimated
costs" are good faith projects of the costs, which will be incurred for this project. Actual costs
may vary and those will be the costs for which the County will be responsible.
B. The estimated cost of the signal project is $180,000.00. Participation in the
construction cost is as follows:
1. The City shall be responsible for obtaining and paying for 100% of all
right-of-way and any permanent and/or slope easements needed for construction.
2. The City shall provide construction observation for the relocation and
reconstruction of their utilities and approve for acceptance the work as it is completed.
3. The City shall enter into an agreement with United Properties to design
and construct the traffic, signal system and associated road construction.
4. At a rate of Six Percent (6%) of the actual construction costs, the County
shall provide construction observation for the construction of the signal system. The County
shall have final authority to accept all roadway and signal work done within the county Right-of-
Way. The estimated cost to the City for construction observation is $10,800.00.
5. The City shall pay for 100% of the cost for the signal system at the
intersection of County State Aid Highway No. 116 (Bunker Lake Blvd.) and Quinn St.
6. The City shall be responsible for all remaining construction and
engineering costs.
7. The Cost participation is summarized below:
Anoka County
$
0.00
City of Andover: Signal Construction Inspection $ 10,800.00
City of Andover
ALL REMAINING COSTS
C.
The total cost to the City for the signal inspection is $10,800.00.
- 2-
'"
o
D. Upon award of the contract, the City shall pay to the County, upon written
demand by the County, 95% of its portion of the cost of inspection of the project estimated at
$10,260.00. The City's share of the cost of the project shall include only construction
engineering expense and does not include administrative expenses incurred by the County.
E. Upon final completion of the project, the remaining 5% of the City's portion of the
construction inspection costs shall be paid.
IV. TERM
This Agreement shall continue until terminated as provided hereinafter.
V. DISBURSEMENT OF FUNDS
All funds disbursed by the County or City pursuant to this Agreement shall be disbursed
by each entity pursuant to the method provided by law.
VI. CONTRACTS AND PURCHASES
All contracts let and purchases made pursuant to this Agreement shall be made by the
City in conformance to the State laws.
VII. STRICT ACCOUNTABILITY
o A strict accounting shall be made of all funds and report of all receipts and disbursements
shall be made upon request by either party.
VIII. TERMINATION
This Agreement may be terminated by either party at any time, with or without cause,
upon not less than thirty (30) days written notice delivered by mail or in person to the other party.
If notice is delivered by mail, it shall be deemed to be received two (2) days after mailing. Such
termination shall not be effective with respect to any solicitation of bids or any purchases of
services or goods, which occurred prior to such notice of termination. The County shall pay its
pro rata share of costs, which the City incurred prior to such notice of termination.
IX. SIGNALIZATION POWER
The City shall at their sole expense, install or cause the installation of an adequate
electrical power source to the service cabinet for the intersection of Quinn Street, including any
necessary extension of power lines. The City shall be the lead agency in this matter. Upon
completion of said traffic controls signal installation, the ongoing cost of the electrical power to
the signal shall be the sole cost and expense of the City.
o
- 3 -
~
o
o
o
X. MAINTENANCE
A. Maintenance of Quinn Street, including all right-of-way, shall be the sole
obligation of the City.
B. Maintenance of the completed watermain, sanitary sewer, storm sewer (except
catch basins and catch basin leads) and detention basins, (including ponds and their outlet
structures and grit chambers/collectors) shall be the sole obligation of the City.
C. Maintenance of all trails and sidewalks, including snow plowing, shall be the sole
responsibility of the City.
D. Maintenance of the completed signal and signal equipment shall be the sole
obligation of the City.
E. The County shall maintain the traffic signal controller, traffic signal and
pedestrian indications, loop detectors and associated wiring of the said traffic control signal at the
sole obligation of the City. The City shall be billed by the County on a quarterly basis for all
costs incurred.
F. Painting of the traffic signal shall be the sole obligation of the County.
G. Timing of the traffic signals shall be determined by the County.
H.
Only the County shall have access to the controller cabinets.
I. The traffic control signals shall be the property of the County.
J. The City shall be responsible for maintenance of the luminaries, luminaire
relamping, and luminaire painting.
K. All maintenance of the EVP Systems shall be completed by the County. The City
shall be billed by the County on a quarterly basis for all incurred costs.
L. EVP Emitter Units may be installed on and used only by Emergency Vehicles
responding to an emergency as defined in Minnesota Statutes ~169.0l, Subdivision 5, and
~ 169.03. The City shall provide a list to the County Traffic Engineer, or the County's duly
appointed representative, of all such vehicles with emitter units on an annual basis.
M. Malfunctions of the EVP System shall be immediately reported to the County.
N. All timing of said EVP System shall be determined by the County.
O. In the event said EVP System or components are, in the opinion of the County,
being misused, or the conditions set forth are violated, and such misuse or violation continues
after receipt by the City, written notice thereof from the County, the County shall remove the
-4-
J>-'
o
o
.
EVP System. Upon removal of the EVP System pursuant to this paragraph, the field wiring,
cabinet wiring, detector receiver, infrared detector heads and indicator lamps and all other
components shall become the property of the County.
XI. NOTICE
For purposes of delivery of any notices hereunder, the notice shall be effective if
delivered to the County Administrator of Anoka County 2100 Third Avenue North, Anoka,
Minnesota 55303, on behalf of the County, and the City Administrator of Andover, 1685
Crosstown Blvd. NW, Andover, Minnesota 55304, on behalf of the City.
XII. INDEMNIFICATION
The City and the County mutually agree to indemnify and hold harmless each other from
any claims, losses, costs, expenses or damages resulting from the acts or omissions of the
respective officers, agents, or employees relating to activities conducted by either party under this
Agreement.
XIII. ENTIRE AGREEMENT REQUIREMENT OF A WRITING
It is understood and agreed that the entire agreement of the parties is contained herein and
that this Agreement supersedes all oral agreements and all negotiations between the parties
relating to the subject matter thereof, as well as any previous agreement presently in effect
between the parties to the subject matter thereof. Any alterations, variations, or modifications of
the provisions of this Agreement shall be valid only when they have been reduced to writing and
duly signed by the parties.
dk\contract\2003\andover-2003-0529.jpa (based on Highway Department's format)
- 5 -
.~
,.
IN WITNESS WHEREOF, the parties hereto have hereunto set their hands.
COUNTY OF ANOKA
CITY OF ANDOVER
By:
Dan Erhart, Chairman
County Board of Commissioners
By:
Its:
Dated:
Dated:
ATTEST
By: By:
John "Jay" McLinden
County Administrator Its:
Dated: Dated:
RECO~NDEDFORAPPROVAL
0 By: By:
Douglas W. Fischer, P.E.
County Engineer Its:
Dated: Dated:
APPROVED AS TO FORM
By:
Dan Klint
Assistant County Attorney
By:
Its:
Dated:
Dated:
dk\contract\2003\andover 2003-0529 sig.jpa (based on Highway Department's format)
o
-6-
o
CITY OF
NDOVE
@
1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304. (763) 755-5100
FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US
TO:
CC:
Mayor and Council Memb~~ 0
John Erar, City Administrat . :DB
David D. Berkowitz, City Eng rU
Todd J. Haas, Asst. City Engineer
Accept Feasibility Report/Waive Public Hearingl02-46/Fire Station #3/88 & WM-
Engineering
FROM:
SUBJECT:
DATE:
February 17,2004
INTRODUCTION
This item is in regards to approving the resolution accepting the feasibility report and waiving public
hearing for Project 02-46, Fire Station #3 for sanitary sewer and watermain.
o
DISCUSSION
With new Fire Station #3 connecting to City sanitary sewer and water, there will be fees associated with
this. Below is the feasibility report which identifies estimated costs.
FEASIBILITY REPORT
Sanitary Sewer
Area Charge (2004 Rates)
2.32 acres (*) x $1,302.00 per acre =
(* Area above the 100 year flood elevation)
Connection Charge (2004 Rates)
3 units x $351.00 =
(Estimate only, final SAC count to be determined
at a later date.)
$3,020.64
$1,053.00
Lateral Charge (2004 Rates)
293 feet (narrow side of lot) x $33.00 per foot =
$9,669.00
Total for Sanitary Sewer =
$13.742.64
o
Watermain
Area Charge (2004 Rates)
2.32 acres (*) x $2,124.00 per acre =
(* Area above the 100 year flood elevation)
$4,927.68
Mayor and Council Members
February 17, 2004
o Page2of2
Connection Charge (2004 Rates)
2.32 acres x $6,590.00 per acre =
$15,288.80
Lateral Charge (2004 Rates)
293 feet (narrow side oflot) x $33.00 per foot =
$9,669.00
Total for Watermain =
$29,885.48
Total for Sanitary Sewer & Watermain =
$43,628.12
Note: There may be a future assessment for a potential trail along the west side of the new Fire Station #3.
By City Code, commercial property is responsible for 100% of the cost of the trail. Also, future
assessments for storm sewer, streets and County road improvements may be required.
o
BUDGET IMP ACT
The $43,628.12 will be part of the Fire Station construction.
ACTION REOUlRED
It is recommended to approve the resolution accepting the feasibility report and waiving ,the public hearing
for Project 02-46, Fire Station #3.
Respectfully submitted,
O~0,~
ToddC
Attachments: Resolutio~ Petitio/'
o
cc: Dan Winkel, Andover Fire Chief
o
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO.
MOTION by Councilmember
to adopt the following:
A RESOLUTION ACCEPTING FEASIBILITY STUDY AND WAIVING PUBLIC
HEARING FOR THE IMPROVEMENT OF PROJECT NO. 02-46 FOR SANITARY
SEWER & WATERMAIN IN THE FOLLOWING AREA FIRE STATION #3.
WHEREAS, the City Council did on the 3rd day of Februarv , 2004,
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 1 ih day of Februarv , 2004 ; and
and
WHEREAS, the property owners have waived the right to a Public Hearing;
o
WHEREAS, the City Council has reviewed the feasibility study and declares
the improvement feasible, for an estimated cost of $ 43,628.12
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 $ 43.628.12 and waive the Public Hearing.
MOTION seconded by Councilmember
and adopted by the
City Council at a reqular meeting this 1 ih day of Februarv , 2004 , with
Councilmembers
voting
in favor of the resolution, and Councilmembers
voting against, whereupon said resolution was declared passed.
CITY OF ANDOVER
ATTEST:
Michael R. Gamache - Mayor
o Victoria Volk - City Clerk
. l:SJ.0I>'" 1'Ip'
Andover
FIRE DEPARTMENT
Date: December 9,2003
Mr. Dave Berkowitz, City Engineer
City of Andover
1685 Crosstown Blvd. N.W.
Andover, Minnesota 55304
Re: Petition for Municipal Improvements
The City of Andover Fire Department is hereby petitioning for municipal improvements
including watermain, sanitary sewer. The cost for these improvements will be part of the
new fire station project currently in the development stages.
The said petition is unanimous and the public hearings for the feasibility report and
assessments, if needed, may be waived. If there should be an assessment schedule
necessary for this project, city staff will make a recommendation to the City Council for
the period of payments.
o
Sincerely,
.DtlA-tuJ~
Dan Winkel, Fire Chief
City of Andover
13875 Crosstown Blvd. N.W.
Andover, Minnesota
55304
(0) 763-755-9825
o
Station 1
13875 Crosstown Blvd.
Andover, Minnesota 55304
763/755-9825
Fax: 763/755-9583
Station 2
16603 Valley Drive
Andover, Minnesota 55304
763/421-9426
Station 3
1785 Crosstown Blvd.
Andover, Minnesota 55304
763/755-9044
@
o
1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (763) 755-5100
FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US
TO:
CC:
Mayor and Council Members
John Erar, City Administratoud! /
David D. Berkowitz, City En~eerDD])
FROM:
Todd Haas, Asst. City Engineer/Parks Coordinator
SUBJECT:
Approve Resident Discount/City of Anoka Pool - Engineering
DATE:
February 17,2004
INTRODUCA TION
This item is in regard to considering a contribution of $4,000 to the Anoka Aquatic Center.
o
DISCUSSION
Over the past 3 years, if the City Council recalls, for the residents of Andover to receive a
reduced rate to use the Anoka Aquatic Center, a contribution of $4,000 a year has been made. To
continue the reduced rate for the residents of Andover, a continued contribution would have to be
made in the amount of $4,000. The Park & Recreation Commission has reviewed the possible
contribution of $4,000 for 2004 and is recommending approval to the City Council.
Note: The fee is for 2004 only. The fee for 2005 will be considered next year at this time,
pending outcome ofthe Community Center.
BUDGET IMPACT
In discussions with the Finance Director, the contribution would have to come from park
dedication funds as this was not a budgeted item from the general fund.
ACTION REQUESTED
The City Council is requested to approve the contribution to the City of Anoka in the amount of
$4,000 to receive the reduced rate for the residents of Andover for use of the Anoka Aquatic
Center.
Respectfully submitted,
~~
o Attachments: Resident Rate Savings
cc: Jim Lindahl, Park & Recreation Commission Chair
o
o
o
Anoka Aquatic Center
Resident Rate Savings
City of Andover
The following information indicates the savinas for residents of the City of Andover by
enjoying ArlOka's resident rates for the purchase of season passes and swim lessons.
This information was gathered from financial reports from 1998 - 2003.
Andover
1998
1999
2000
2001
2002
2003
Total
$
Lessons $1,160.00 $1 ,200.00 $1 ,144.00 $1 ,312.00 $ 816.00 $1,488.00 7,120.00..
$25,096.0
Passes $4,850.00 $4,650.00 $3,396.00 $4,696.00 $5, 130.00 $3,400.00 0
Total
$32,216.0
$6,010.00 $5,850.00 $4,540.00 $6,008.00 $5,946.00 $4,888.00 0
In 2003...
136 Families from Andover purchased Season Passes
(340 individuals)
186 children from Andover participated in Swim Lessons
o
o
o
@
CITY OF
NDOVE
1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (763) 755-5100
FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US
TO:
Mayor and Council Members
t
John Erar, City Administrato V ,
David D. Berkowitz, City En eerUbB
CC:
FROM:
Todd Haas, Asst. City EngineerIParks Coordinator
SUBJECT:
Approve Purchase of Ice Machine/Sunshine Park Concessions - Engineering
DATE:
February 17,2004
INTRODUCA TION
This item is in regard to considering a new ice machine at Sunshine Park Concessions.
DISCUSSION
The existing ice machine at Sunshine Park Concessions is too small and not able to keep up with
demand. Therefore, it is recommended that a larger ice machine be purchased and the smaller ice
machine be kept and relocated to Prairie Knoll Park for the concession area that most likely will
be open later this summer.
BUDGET IMPACT
The ice machine will be paid for from the 2004 Facility Management Budget. Estimated cost is
about $3,300 (tax & freight included) plus the cost to install the ice machine.
ACTION REOUESTED
The City Council is requested, by the Park & Recreation Commission, to approve the purchase of
a new ice machine for Sunshine Park Concessions.
Respectfully submitted,
~4--
cc: Jim Lindahl, Park & Recreation Commission Chair
/
o
~~ ~~Od ~Oj~~~~~~~
Atf: JIM
D(c,Rtn son
. LO r~~ (Dons
FrOM
o
Q-Model Series 450
let: M/lchilll: 0" 5-400 Bin
THE RIGHT CLIMATE FOR LEADERSHIP
......L ,.,. 1""'-'''''11 i""'TI'T 111O~
I
;;:,
{1 .'lodel
, 4r-{)
'--"; l'r '''; , ')
, , L _ .
. 1 J'
. 'I .\Ji{{ llll('
· li," . , :; ~()" ll'~. (241 kgs.J
III I'JI,,fih fiol1
. '.
,',.11 i! ,h' an/It, iet'
"I 1 n6W lb~.
I"
I.;
. . ,. , 1 .. ~ ... .
-" _~ on) wide
.j"," :'.'I:tcriclr u'itlz
I '/li/-.!' ~:f nil
11 ~ t
[.'
" ,r ',-/llll-free base
-,
, ;)'If,\, al/d
, ,-I",,'!n,.:::y
\
, ",',,' =,y:;tf/ll'
,"") I,',' (uhf'
t.
',,', 'j,,+,.i,'('rilllt
,\
"d"d ,,:yr:a,.
I ;/,\1' (III l(e
;, :,"'/',l/'lllor
", . '/li~ :md 3-i/car
"
,I, I ' ,"(lSC OlllCf
iI! . (11111"IC;::'~(l/,
); ':,. r7l1d-/abor
l: I .' (:'1 ill! {ltlm' Ice
Ii :, .li~"I'IIs.I'r,and
,,' " 1"'lllpOlU'l1t.~
.. b09001
Quality
, $1 stem
'G.rli;icd
M *:
anltowoc.
ler l. Be M.I<"'. ",! ~ . In STORAGE' ElINS
OQQJ"'7l'"7TQ
T7.:c;r. P.lalaZ/laE/Zl
o
CITY OF
NDOVE
Q!)
1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (763) 755-5100
FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US
TO:
Mayor and City Council
John Erar, City Administrat01/
Vicki V olk, City Clerk
CC:
FROM:
SUBJECT:
Approve Raffle PermitINorth Metro Soccer Association
DATE:
February 17, 2004
INTRODUCTION
The North Metro Soccer Association has applied for a permit to conduct a raffle at
Sunshine Park on June 13, 2004.
o
DISCUSSION
As part of the permit process the city can do one ofthe following: 1) approve the
application with no waiting period; 2) approve the application with a 30 day waiting
period; Or 3) deny the application.
ACTION REOUIRED
The City Council is requested to approve the application with no waiting period.
Respectfully submitted,
tiJv. ()/I;
Vicki Volk
City Clerk
o
o
o
o
@
1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304. (763) 755-5100
FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US
TO: Mayor and City Council
CC: John Erar, City Adrninistratof
FROM: Vicki Yolk, City Clerk
SUBJECT: Approve Bingo Permit/Crooked Lake School
DATE: February 17, 2004
INTRODUCTION
The Crooked Lake School Parent Teacher Community Organization has applied for a
permit to conduct bingo at their school carnival on February 28, 2004.
DISCUSSION
The city can either approve the application or deny it.
ACTION REOUIRED
The City Council is requested to approve the application for the Crooked Lake School
Parent Teacher Community Organization.
Respectfully submitted,
tl:? [)dL
Vicki V olk
City Clerk
@
o
1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304. (763) 755-5100
FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US
CC:
Mayor and Council Members
John Erar, City Administrato~ .
David D. Berkowitz, City Enreer bDl'
Todd Haas, Asst. City Engineer/Parks Coordinator
TO:
FROM:
SUBJECT:
Consider 2004 Grant Application Round/04-6 - Engineering
DATE:
February 17, 2004
INTRODUCA nON
This item is in regards to considering DNR grant programs available for 2004 application round.
o DISCUSSION
As most of the City Council is aware, it is that time of year to consider applying for any of the
grant programs that may be available subject to funding by the 2004 Legislature. If the City
Council recalls, last year (2003) an Outdoor Recreation Grant was awarded for the Coon Creek
Corridor Trail west of Hanson Boulevard NW.
Note: A $100,000 DNR Grant was awarded to the City but was later determined by the City
Council not to construct the trail due to neighborhood opposition. The DNR Grant may be
used to help construct a trail in the Bunker Hills Park (County) to provide a safer access
point into the park. City staff continues to work on this effort with the DNR and the
Anoka County Parks Department. When we receive cost participation agreements from
the Anoka County Highway Department and Anoka County Park Department staff will
pursue a traffic signal at the intersection of Prairie Road NW & Bunker Lake Boulevard
NW.
Also, we have completed and submitted the 2004 application for the Fishing Pier Grant Program
and City staff has also forwarded a letter to the DNR regarding the 2004 Water Resource
Cooperative Acquisition and Development Program which is a grant for Crooked Lake Boat
Landing to improve the public boat access, parking lots, docks and boat launch ramps.
Staff, at this point, is recommending to apply for the Fishing Pier Grant Program and the 2004
o Water Cooperative Acquisition and Development Program.
o
o
o
Mayor and Council Members
February 17, 2004
Page 2 of2
ACTION REOUESTED
It will be necessary for the City Council to acknowledge that the two grants that will be applied
for are the Fishing Pier Grant Program and the 2004 Water Resource Cooperative Acquisition
and Development Program, both of which will be for Crooked Lake Boat Landing.
Respectfully submitted,
~~
Attachments: Various Grant Programs Available
cc: Jim Lindahl, Park & Recreation Commission Chair
o
500 Lafayene Road
St. Paul, Minnesota 55155-40 10 .
Minnesota Department of Natural Resources
Date:
November, 2003
To:
Local Grant Applicants A- '
. W S. La al G S' 4/ rd.
ayne ames, c rants ection
Tim Mitchell, Trails and Waterways Division~rf)
2004 Grant Application Round
From:
Subject:
t~ RECEIVED.
I HDV I 0 2003
CITY OF ANDOVER
I.
I
1
Enclosed you will fund information on DNR grant programs available for the 2004
application round. Please review the materials carefully and thoroughly. Application
requirements, such as due dates for complete applications. do vary.
The funding situation for these progra1Il.S is uncertain at this time; It appears some
funding will be available through the federal Land and Water Conservation Fund,
although Congress has not completed action on the related funding bill. A final allocation
figure for Minnesota should be available by early 2004. The 2004 legislature may
consider recommendations for funding some of the grant programs with additional state
bonding appropriations.
o
If you are interested in applying for a grant, we recommend that you return the enclosed
Application Request Form as early as possible. This will allow adequate time for the
DNR staff to discuss the project with you and provide the appropriate application
materials. Lead time may be required to meet application requirements, such as holding a
public hearing, permit review, completion of appraisals, etc.
Communities ip.terested in the Outdoor Recreation or Regional Park grant programs
should check out the 2003-2008 State Comprehensive Outdoor recreation Plan (SCORP). .
To locate the SCORP document, go to www.dnr.state.mn.us.click the "Grants" heading,
and find the link to the plan.
Informational meetings will be beld in December for the trail grant programs only. See
the attacbed meeting schedule for details.
If you have questions or need additional information about any of the grant programs
described in this packet, please contact the appropriate grants staff listed on the enclosed
fact sheets. Thank you.
c
DNR Information: 651-296-6157 . 1-888-646-6367 . TrY: 651-296-5484 . 1-800-657-3929
An Equal Opportunity Employer
ft! Prin"ied on Recycled Paper Contai~in~ a
~, Minimum of IO'K Post-Com:umer Wa"le
o
o
o
SU1IlIl1iry ofDNR Grant Programs included in this Information Packet
. I ~'.
Program Name Eligible Applicants Application Maximum
'.f ~: Due Date Grant
Local Grants Pro2J"am
Outdoor Recreation Cities,. Counties, Townships . 3/31/04 Variable
Recognized Tribal GoverTl1'!lents
.
Regional Park Public Regional Park Organizations 3/31/04 Variable
outside of the seven county
metropolitan area
Natural and Scenic Area Cities, Counties, Townships. 3/31/04 $500,000
School Districts
.
Trail Grant Proeram
Local Trail Connections Cities, Counties, Townships 2/27/04 $100,000
.
Federal Recreational Cities, Counties, Townships 2/27/04 $100,000
Trail Recognized Tribal Governments .
Private trail organizations sponsored
by a Local Unit of Government
. .
Regional Trail Cities, Counties, Townships 2/27/04 $250,000
.
CooDerative Water Recreation Proeram .
Fishincr Pier. . Cities, Counties, Townships 6/1/04 $20,000
t>
Public Boat Access Cities, Counties, Townships Open Variable
o
APPLICATION REQUEST FORM:
One Application Request Form should be submitted per project to the appropriate program staff (refer to the program
information sheets enclosed for the mailing address). Please make copies of this form, as needed.
~.
Applicant
County
Ccmtact Person
Title
AddreSs
City
Phone Number (Daytime hours)
Project Name
Zip
Please check the appropriate grant program (if known) and provide an estimated total project cost
Natural and Scenic Area
Outdoor Recreation
Regional Park
Federal Recreational Trail
Local Trail Connections
Regional Trail
Public Boat Access
Fishing Pier
Total Estimated Cost: $
o Project Description:
o
o
Outdoor Recreation Grant Program
Information Sheet - 2004 Application Cycle
Program purpose
How it works
Eligible applicants
Eligible projects
Minimum requirements
Program funding
Grant awards
Project Period
To apply
F~er information
To increase and enhance outdoor recreation facilities.
Proyides matching grants to local units of government for up to 50% of the
cost of acquisition, development andlor redevelopment costs of local parks
and recreation areas.
Cities, counties. townships and recognized tribal governments.
Park acquisition andlor development/redevelopment including, among
others. internal park trails, picnic shelters. playgrounds, athletic facilities,
boat accesses. fIshing piers, swimming beaches and campgrounds. Contact
the Grants Manager with questions about other eligible facilities.
Project proposals must include at least one eligible primary outdoor
recreation facility and have a total project cost of at least $10,000. Land
proposed for development andlor redevelopment must be owned by the
applicant or be part of an acquisition project. Significant progress must be
completed on active projects before an additional proposal can be submitted.
A maximum of 50% of the total eligible project costs. Applicants must be
able to fund at least 50% of the total project costs. The "local share" can
consist of cash or the value of materials, labor and equipment usage by the
local sponsor or by donations or any combination thereof. Costs must be
incurred and paid for before reimbursement can be IIlJlde. Applicants are
eligible to receive more than one grant.
The Department of Natural Resources will review applications during the
spring of 2004. Preliminary grant awards will be announced in the sununer
of 2004.
Projects. cannot begin until all requested final documentation has been
submitted and an agreement has been completed. This process can take three
months to complete. Most projects can expect to begin in the fall of 2004
and all work must be completed no later than December 31. 2006.
To receive an application, please submit an Application Request Form. We
recommend that the Application Request Form be submitted no later than
JanuarY 31,2004. The completed application is due by March 31, 2004.
Grants Manager (see enclosed Grant Manager Assignment List)
Local Grants Program
Department of Natural Resources
Office of Management and Budget Services, Box 10
500 Lafayette Road
St. Paul, MN' 55155-4010
Fax: 651/296-6047
WEB SITE: www.dnr.state.mn.us
o
Regional Park Grant Program
Information Sheet - 2004 Application Cycle
Program purpose
To increase and enhance regional outdoor recreation facilities in area outside
the seven county metropolitan area.
How it works
Provides matching grants to public regional park organizationS outside the
seven county metropolitan area for up to 60% of the cost of acquisition,
development and/or redevelopment costs of regional parks.
Eligible applicants
Public regional park organizations outside of the seven county metropolitan
area.
Eligible projects
Park acquisition andlor development/redevelopment of regional park
facilities including, among others, internal park trails, picnic shelters,
playgrounds, boat accesses, fishing piers, swimming beaches and
campgrounds. Contact the Grants Manager with questions about other
eligible facilities. .
Minimum requirements
Project proposals must have a total project cost of at least $40,000.
Significant progress must be completed on active projects before an
additional proposal can be submitted.
Program funding
A maximum of 60% of the total eligible project costs. Applicants .must be
able to fund at least 40% of the total project costs. The "local share" can
consist of cash or the value of materials, labor and equipment usage by the
local sponsor or by donations or any combination thereof. Costs must be
incurred and paid for before reimbursement can be made. Applicants are
eligible to receive more than one grant.
o
Grant awards
The Department of Natural Resources will review and rank applications
during the spring of 2004. Preliminary grant awards will be announced in the
summer of 2004.
Project period
Projects cannot begin until all requested final documentation has been
submitted and an agreement has been completed. This process can take three
months to complete. Most projects can expect to begin in the fall of 2004
and all work must be completed no later than December 31, 2006.
To apply
To receive an application, please submit an Application ReDuest Form. We
r==end that the Application Request Form be submitted no later than
January 31,2004. The completed application is due on March 31, 2004.
Further information'
Grants Manager (see enclosed Grant Manager Assignment List)
Local Grants Program
Department of Natural Resources
Office of Management and Budget Services, Box 10
500 Lafayette Road
St. Paul, MN 55155-4010
Fax: 651/296-6047
WEB SITE: www.dnr.state.mn.us
o
Natural and Scenic Area Grant Program
Information Sheet - 2004 Application Cycle
o
Program purpose
How it works
Eligible applicants
Eligible projects
Minimum requirements
Program funding
o
Grant awards
Project period
To apply
Further information
To increase, protect and enhance natural and scenic areas.
Provides matching grants to local units of government for up to 50% of the
cost of acquisition of natural and scenic areas.
Cities, counties, townships and school districts.
Eligible projects include fee title acquisition and permanent easement
acquisition. Minimal betterment activities are. eligible as part of the proposed
acquisition project and include interpretive, educational or boundary signing
and protective fencing.
Project proposals must have a total project cost of at least $lO,OOO~
Significant progress must be completed on active projects before an
additional proposal can be submitted.
A maximum of 50% of the total eligible project costs not to exceed a
maximum grant of $500,000. Applicants must be able to fund at least 50% of
the total project costs. Costs must be incurred and paid for before
reimbursement can be made. Applicants are eligible to receive more than one
grant.
The Department of Natural Resources will review and rank applications
during the spring of 2004. Preliminary grant awards will be announced in the
summer of 2004.
Projects cannot begin until all requested final documentation has been
submitted and an agreement has been completed. This process can take three
months to complete. Most projects can expect to begin in the faIl of 2004
and all work must be completed no later than December 31, 2006.
To receive an application, please submit an Application Reauest Form. We
recommend that the Application Request Form be submitted no later than
January 31, 2004. The completed application is due on March 31, 2004.
Grants Manager (see enclosed Grant Manager Assignment List)
Local Grants Program
Department of Natural Resources
Office of Management and Budget Services, Box 10
500 Lafayette Road
St Paul, MN 55155-4010
Fax: 651/296-6047
WEB SITE: www.dnr.state.mn.us
o
o
o
LOCALTRAILCONNECTIONSGRANTPROG~
Information Sheet 2004
Deadlines! Applications must be received no later than February 27. 2004. Pending the availability
Important . of funds. reimbursement grant awards will be announced in July 2004.
Dates:
Program . The emphasis of this program is to promote access between people and desirable
Introduction: destinations, not to develop significant new recreation facilities. Its primary purpose is
to complete trails connections between where people live (e.g. residential areas within
cities. and communities) and significant public recreation facilities (e.g. parks and other
trails). Priority will be given to residential connections to state and regional facilities
and linking existing trail segments.
How It works: Provides reimbursement grants to local units of government for trail projects or serves
as a partial local "match" for a TEA-21 Enhancement project
Eligible Land acquisition and trail development. However. acquisition of trail right-of-way will
Activities: only be eligible when it is proposed in conjunction with trail development Land
purchased with this fund will require a "perpetual easement for recreational trail
purposes," and trails developed with these funds will require a twenty-year maintenance
commitment by the project sponsor. Projects inside state park boundaries. state trail
corridors, or elements of the Metropolitan Regional Open Space System are ineligible.
Eligible Cities, counties and townships.
Applicants: .
Local Support: Local/area support must be demonstrated by providing resoluticm. or minutes of council
hearing.
. .
Local Match: Fifty percent (50%) "cash, match" for eligible elements of the projectproposal is
required. -
. Neither this funding source nor the cash match can be used for in-house labor
services andlor to meet existing payroll (i.e., only contract services, materials
and supplies are reimbursable)
. Federal Recreational Trail Grant Program, Regional Trail Grant
Program, Metropolitan Council Funds and other state funds are not
. eligible cash matches for this program.
.
Grant Project proposals must result in at least $5,000, and no more than $100,000 of
Amount: reimbursement.
. .
Project Period: Funded projects will need to begin promptly after an agreement has been completed
between the State and the applicant. Projects must be completed prior to December 31,
ZOOS. All components of the project must be completed by this date. This period
may be extended for projects receiving TEA-21 Enhancement funding.
. . I
.
Disbursement: Grants are reimbursable. Costs must be incurred and paid for before
reimbursement can take Dlace.
For Application Requests or other information:
Tim Mitchell Statewide 651/297-1718
Forrest Boe Northwestern MN 218f755-3969
Les Ollila Northeastern MN 2181327-4409
Dave Wolff Southern MN 507/359-6066
Dan Collins Metro/Central MN 651nn-7936
Send application request to:
Trail Recreation Section
DNRlTrails and Waterways
500 Lafayette Road, Box 52
St. Paul, MN 55155-4052
Fax (651) 297-1718
o
Deadlines! The complete application is due OIl Febnwy 27, 2004 to be eligible for this funding cycle. Reimbursement
ImpDrtant Dates: grant awards will be announced in the Summer 2004. Funds will be available no sooner than November 1,
2004.
PrDgram Program funding Cllmes from a portion of the revenue received by a federal motor fuel excise tax paid by the
lntrDdnctiDn: usen of off-road recreational vehicles. Approximately $1,000,000 will be available for projects in 2004. Of
that total, 30 percent will be available for strictly motorized pmjects, 30 percent for strictly non-motorized
projects and 40 percent for projects that can demonstrate both motDrlzed and non-motorized use.
. .
BDW It wDrks: A unit of government must spDusor aD projects; preferably in cooperation with a local traiJ organizaticm.
Applications will be reviewed by the Department of Natural Resources (DNR) and the state's trail advisory
Clluncil, the Minnesota Recreational Trail Users Association (MRTUA). Witb consideration given to
MRTUA's recommendations, the DNR will make the final selections. If selected.. the recipient wiD enter into
a contraCt with the State of Minnesota after required environmental documentation is completed. State
requirements as well as those by the FedeI1l! Highway Administration will guide procedures for
reimbursement. Tbe DNR will Dn1y reimburse wDrk that takes place after CllmpletiDn DC the cDntract.
.. . .
Eligible Activities: MDtDrized (SUDwmDbiles, DIf.highway nwtDrcycles, all-terrain vehicleS and fDur-wbee1 drive trucks) and
nDn-mDwrlzed (bike, bike, ski, bDrse, in.line skate) trail prDjects are eligible fDr Cunding.
. Maintenance/restoration of existing recreationa.l trails
. Development/rehabilitation of trailside and trailhead facilities and recreationa1traillinkages
. Purchase and lease of recreational trail construction and maintenance equipment
. Construction of new trails on federaL state. county, municipal or private lands
. Acquisition of easements and fee simple title to property for recreational trails
. Redesi2nlrelocation of e"istin.trails to benefit/minimize the ilIlt>act to the natum! environment
Non.EIigible . Condemnation of property of any kind of interest
Activities: . Construction of trails within federally designated wilderness areas {with some exceptions}
. Upgrading, e"panding. Dr otherwise facilitating motorized use or access to trails predominantly
used by non-motorized usen prior to May I. 1990 on wbich motorized use is either pmbibited Dr
bas not occurred.
MRTUA Priorities The Minnesota Recreational Trail Users Association bas recommended the following priorities for 2004:
for 2003: . Projects that accommodate both motorized and non.motorized uses, including same-season access
corridors.
. Projects that involve urban youth corps workers such as the Minnesota Conservation Corps win be
given special consideration.
. Any eligible all-terrain vehicle, off-highway motorcycle, off-road 4x4 vebicle, and snowmobile
projects. Priority will be given to trail projects and trail linkages to existing systems over
equipment purchases.
. For all borse, in-line skate. Cl'OSS-Clluntry ski, bike, and bicycle (including mountain bicycle)
projects, priority will be given to trail linkages and restoration to existing trail systems, necessary
trail facilities, or trail signage ID improve safety.
Local Match: Fifty percent (50%) "casb match" for eligible elements of the project proposal is required.
. Neither this funding source nor the cash matcb can be used for in-house labor services anellor to
meet existing payroll.(i.e., only contraCt services, materials and supplies are reimbweable)
. RegiDna1 Trail Grant Program, Local Trail ConnectiDDS Grant Program and Outdoor
RecreatiDn Grant PrDgram are nDt e1igible casb matches for this prDgram.
. Federal funds can be used as the casb marcb as long as the share attributable to the federal
government is less than 95 percent of the cost of Ibe project
. This program may be used in tandem with 2004 DNR Grant-in-Aid Agreements for capitol
improvements to pay for activities eligible under both programs (contract services, materials, etc.)
.
Grant Amount: Project proposals must result ia at least $5,000, and nO more than $1 00.000 of reimbu!SOI:Dent,
.
P:roject Period: Funded pl'C!jects will need to begin pmmptly after an agreement bas been completed betWeen the State and the
applicant. Projects must be completed prior to December 31, ZOOS.
Disbursement: Grants are reimbursable. Costs must be incurred and paid for before reimbursement can take Dlace.
FEDERAL RECREA TIONAL TRAIL PROGRAM
Information Sheet 2004
o
o
For Application Requests or other information:
Tun MitcbeIl Statewide 6511297-1718
Forrest Boo Northwestern MN 218ns5.3969
Los Ollila Northeastern MN 218/327 -4409
Dave Wolff Southern MN 507/359-6066
Dan Collins Metro/Centrai MN 65ln72.7936
Send application request to:
Recreation Services Section
DNRrTrails and Waterways Division
500 Lafayette Road. Box 52
St. Paul, MN 55155-4052
Fax (651) 297-1718
o
o
o
REGIONAL TRAIL GRANT PROGRAM
Information Sheet
2004
:Deadlines! Applications must be received no later than February 27, 2004. Pending the availability
Important of funds, reimbursement grant awards will be announced in July 2004.
Dates:
Program The primary purpose of this program is to promote development of regionally
Introduction: significant trails. Primary determinants of significance include length. expected use,
and resource quality/attractiveness.
How It works: . Provides reimbursement grants to local units of government for trail projects or serves
as a partial local "match" fora TEA-21 Enhancement project.
. ..._0"
Eligible Land acquisition and trail development. friority will be given to projects that provide a
Activities: useable trail. Land purchased with this fund will require a "perpetual easement for
recreational trail purposes," and trails developed with these funds will require a twenty-
year maintenance commitment by the project sponsor. Projects inside state park
boundaries and state trail corridors are ineligible.
Eligible Cities, c~unties and townships.
Applicants:
Local Support: Local/area support must be demonstrated by providing resolution. or minutes of council
hearing.
.
Local Match: Fifty percent (50%) "cash match" for eligible elements of the project proposal is
required.
. Neither this funding source nor the cash match can be used for in-house labor
. .services and/or to meet existing payroll (Le., only contract services, materials
and supplies are reimbursable)
. Federal Recreational Trail Grant Program, Local Trail Connections
Grant Program and Metropolitan Council Funds are not eligible cash
matches for this program. I
Grant Project proposals must result in at least $5,000, and no more than $250,000 of
Amount: reimbursement. .
.
Project Period: . Funded projects will need to begin promptly after an agreement has been completed
between the State lind the applicant. Projects must be completed prior to December 31,
2005, All components of the project must be completed by this. date. This period
may be extended for projects receiving TEA-21 Enhancement funding.
Disbursement: Grants are reimbursable, Costs must be incurred and paid for before
. reimbursement can take place. .
For Application Requests or other information:
Tim Mitchell Statewide . 651/297-1718
Fe>rrest Boe Northwestern MN 218n55-3969
LesOllila NortheasternMN 218/327-4409
Dave Wolff Southern MN' 507/359-6066
Dan Collins Metro/Central MN 65ln72-7936
Send application request to:
Trail Recreation Section
DNRfTrails and Waterways
500 Lafayette Road, Box 52
St. Paul, MN 55155-4052
Fax (651) 297-1718
Fishing Pier Grant Prograld_____
Program Purpose
qUgible Projects
Who May Apply
Priorities
Level of Assistance
To improve fishing opportunities, especially to meet the needs of children, the elderly, and
people with disabilities.
Development and installation of fishing piers. Also, the program provides for the
development or improvement of shore fishing sites or shore fishing platforms. Local units of
government provide public land, accessible sidewalk/path, accessible parking space and on-
going maintenance.
Counties, cities, and townships.
Projects are selected based on ranking the criterion which include but are not limited to the
following: public fishing demand, accessibility, location, gamefish present, and project
sponsor donation.
Up to 100% of development and installation of the fishing pierlshoreland site willi a
maximum grant amount of $25,000 for a traditional DNR floating fishing pier.
~\.
Generallnformation This program was created in 1980 by the State Legislature. It has received funding from
various sources, including grants from the Legislative Commission on Minnesota Resources.
The piers are built by MINNCOR Industries (state prisons) and more than 250 piers have
been installed statewide.
How to Apply
o
Applications are accepted year-round. Project awards are made in the fall. For more
information about this program call the Area Trails and Waterways Supervisor in your
location or you may contact:
Kent Skaar, Water Recreation Program Coordinator
DNR- Division of Trails and Waterways
500 Lafayette Road, Box 52
SI. Paul, MN 55155
Phone: "651.297.2798 Fax: 651.297.5475
E-Mail: kent.skaar@dnr.state.mn.us
Water Recreation Cooperative Acquisition and Development Program
Program Purpose
To improve public boat accesses to Minnesota's public lakes and rivers.
Eligible Projects
Who May Apply
Priorities
Level of Assistance
General Information
o How to Apply
Acquisition, development and improvement of public boat accesses, parking lots, docks, and
boat launching ramps. Engineering and design assistance is available.
Counties, cities, townships, and recognized tribal bands.
Projects are selected based on ranking the criterion which includes but is not limited to the
following: public demand, location, gamefish present, size of water body, accessibility, and
sponsor donation.
The level of grant and technical assistance fluctuates considerably depending on the project
scope, sponsor's need, and program's level of funding.
This program provides financial and technical assistance to local governments for public
boat accesses on the State's rivers and lakes. It is funded through the State Water
Recreation Account (boat license fees and state gas tax used for marine purposes).
There are no applications for this program. Contact the Area Trails and Waterways
Supervisor in your location.
o
o
o
@
CITY OF
NDOVE
1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304. {763} 755-5100
FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US
TO:
Mayor and Councilmembers
John Erar, City Administrato~1&-
Jim Dickinson, Finance Director
CC:
FROM:
SUBJECT:
Approve Sunshine Park Concession Contract
DATE:
February 17,2004
INTRODUCTION
The Sunshine Park concession contract with C&H Enterprises expired October 31, 2003. The expired
contract was preceded by a contract with C&H Enterprises that was for three years (2000,2001 & 2002).
DISCUSSION
In early 2003 the Finance Department originally recommended that the City do a Request For Proposal
(RFP) for the concessions at Sunshine Park and evaluate proposals before entering into another longer
term contract with C&H Enterprises or another vendor. After talking with various sports associations
and concessionaries it was concluded that an RFP process at that time would not yield desired results and
negotiated a one-year extension to the C&H contract with some slight modifications.
The contract extension included a revenue sharing provision available to local sports associations, some
minor contract modifications (terminology) and a slight modification to the rent payments. The revenue
sharing option was to allow associations that sponsor weekend tournaments the opportunity to share in
the concessions gross sales for the tournament weekend once a gross sales baseline has been met. To my
knowledge, only the Andover Baseball Association utilized the revenue sharing option.
At the January 15, 2004 regular Andover Park & Recreation Commission meeting, the Commission
recommended to the City Council to approve C&H Enterprises to operate concessions at Sunshine Park
and enter into a contract for three (3) years. Minutes of that meeting and a contract acceptable to C&H
Enterprises are attached.
BUDGET IMPACT
This contract will generate $4,175 of revenue in 2004, $4300 in 2005 and $4,430 in 2006.
ACTION REOUIRED
The council is requested to approve a three-year contract with C&H Enterprises.
~
chments - Park Com'Inr;sion Minutes & Contract
o
o
c
Regular Andover Park & Recreation Commission Meeting
Minutes - January 15, 2004
Page 5
and Hidden Creek, Pine Hills and Shadowbrook would be added to the baseball schedule.
Motion carried on a 7-ayes, O-nays, O-present, O-absent vote.
UPDATE OF SUNSHINE PARK CONCESSIONS, CONT.-FINANCE
Chair Lindahl stated it was the consensus of the Commission to approve C&H
Distributing for Sunshine Park concessions,
Motion by Blackstad, seconded by Holthus, to recommend to the City Council to approve
C&H Distributing to operate concessions at Sunshine Park and enter into a contract for 3
years. Motion carried on a 7-ayes, O-nays, O-present, O-absent vote.
UPDATE OF POSSIBLE DONATION/CITY OF ANOKA POOL, CONT.- FINANCE
Chair Lindahl stated that for over the past 3 years the residents of Andover received a
reduced rate to use the Anoka Aquatic Center and a contribution of $4,000 a year has
been made to the City of Anoka. To continue the reduced rate for the residents of
Andover, a continued contribution would have to be made in the amount of $4,000.
Motion Blackstad, seconded by Walton, to table this item until the next meeting until
further information on how many residents this program helps is gathered. Motion carried
on a 7 -ayes, O-nays, O-present, O-absent vote.
CONSIDER 2004 GRANT APPLICATION ROUND
Chair Lindahl stated it is time to consider if the Park & Recreation Commission would
recommend to the City Council to apply for any of the grant programs that may be
available subject to funding by the 2004 Legislature. In 2003, Outdoor Recreation Grants
were applied for the Coon Creek Corridor Trail west of Hanson Boulevard NW. A
$100,000 DNR Grant was awarded to the City but was later determined by the City
Council not to construct the trail due to neighborhood opposition along a portion of the
trail along the north side of Coon Creek. Also, the City is completing the application for
the Water Resource Cooperative Acquisition and Development Program which is a grant
for Crooked Lake Boat Landing improving public boat access, parking lots, docks and
boat launch ramps.
Commissioner Holthus stated she would like to see a grant for the boat landing.
Mr. Law stated staff was working on that.
Chair Lindahl stated the landing grant would be worthwhile and that he did not have time
to review the CIP to make any other recommendations.
Motion Holthus, seconded by Blackstad, to table this item until the next meeting to allow
more time to review the CIP to see if any of the grant specifications match any of those
items. Motion carried on a 7 -ayes, O-nays, O-present, O-absent vote.
o
o
o
CITY OF ANDOVER
CONCESSION AGREEMENT
1) C & H Enterprises will have exclusive rights and privilege to operate concessions for
Sunshine Park ball field complex (complex) located in Andover, MN.
2) C & H will operate concessions at all events held at the complex during the term of
this agreement including days, evenings and weekend games as needed (The City of
Andover will guarantee a minimum of 5 weekend Tournaments per season, a credit
will be discussed ifless than 5 occur). Exception: Such exclusive rights shall not
include catering service to individuals or groups renting the gazebo, park buildings
or plcmc area.
3) C & H will provide all employees necessary to operate concessions. C & H will be
responsible for all costs and expenses of such employees; including all employee
benefits.
4) Sunshine Park will provide equipment and fixtures such as a three-compartment
sink, hand sink, refrigerator, freezer, ice machine and counters. C & H will provide
all other equipment necessary to operate concessions.
5) C & H will provide and be responsible for all products to operate concessions, such
as food, supplies, etc.
6) The City will be responsible for all utilities costs of existing utilities including
monthly heat, gas, electricity, water, and garbage at Sunshine Park.
7) C & H will be responsible for keeping premises occupied clean and well maintained.
C & H will be responsible for complex grounds and facility cleaning during weekend
tournaments.
8) C & H will provide a damage deposit of $500.00 payable to the City of Andover ten
(10) days before opening the season. to be returned upon fmal inspection by City of
Andover employees.
9) Concessionaire shall be responsible for shutting down and cleaning concession
facility within fifteen (15) days of closing the season. Concessionaire will be
responsible for notifYing the Building Official when concession facility is cleaned.
An inspection will be scheduled at this time with C & H present during inspection.
10) C & H will make rental payments to the City of Andover based on the following
0 schedule:
2004 2005 2006
June 1 5 1,043.75 1,075.00 1,107.50
July 15 1,043.75 1,075.00 1,107.50
August 15 1,043.75 1,075.00 1,107.50
September 15 1,043.75 1,075.00 1,107.50
Total $4,175.00 4,300.00 4,430.00
Payments will be made to the City of Andover at City Hall on the fifteenth day of
each month. Payments more than 10 days late will be assessed a $25.00 late fee.
11) C & H will provide to sponsoring organizations of a weekend tournament a revenue
sharing agreement. The revenue sharing agreement will, at minimum, grant the
sponsoring association 10% of the gross sales over $2,000 for the weekend
tournament.
o
12) C & H will be responsible for all local, county and state licenses/permits needed to
operate concessions. Such licenses/permits must be conspicuously displayed on the
. .
conceSSIOn prennses.
13) C & H will provide a certificate with the following types and amounts of insurance:
Public Liability - $300,000
Property Damage - $50,000
14) C & H will Hold Harmless the City of Andover for damage, loss or theft of
concessionaire property on concession premises, only if concessionaire has key
access to concession premises. The City of Andover shall have access to the
concession area upon notice to concessionaire.
15) C & H will leave all equipment in condition prior to inception of contract, except for
normal wear and tear, which is to be expected.
16) C & H agrees that this agreement shall be subject to cancellation immediately by the
City in the event of anyone or more of the following happen:
a. In the event the concessionaire is adjudicated as bankrupt, is in
receivership, has made an assignment for the benefit of his creditors,
or because his fmancial situation is such that he is unable to continue
successful operation.
o
b. Failure of the concessionaire to perform, keep, or observe any of the
conditions of this agreement, and failure of the concessionaire to
2
correct the default or breach within the time specified by the Park
Coordinator.
o
C & H or the City may terminate this agreement for any reason by giving sixty (60) days
written notice of cancellation for any reason.
17) The term of the agreement will be from May 1, 2004 through October 31, 2006.
Terms and rental rates will be reviewed at the expiration of the contract for potential
renewal.
IN WITNESS WHEREOF, the parties have caused this agreement to be executed
this day of ,2004
CITY OF ANDOVER
BY
BY
Concessionaire
Its Mayor
ATTEST
o
City Clerk
SEAL
o
3
o
o
o
@
1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (763) 755-5100
FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US
TO:
Mayor and Council Memb
CC:
FROM: David D. Berkowitz, City En .
SUBJECT: Vulnerability Assessment Summary/03-30/Authorize EOPIERP - Engineering
DATE: February 17,2004
INTRODUCTION
The Environmental Protection Agency (EP A) has required cities that supplies municipal water to
conduct a Vulnerability Assessment (V A) on their entire water system. City staff has been working
with Elert & Associates over the past year to complete the VA. The next EP A requirement is to
conduct an Emergency Operations & Recovery Plan (EOP/ERP).
DISCUSSION
Attached for your review is the executive summary for the V A that Elert & Associates has prepared.
Due to the sensitive nature of the entire V A report, only the executive summary was included with
this item. The full report is available for City Council review upon request at City Hall. Due to the
sensitive nature of the V A report and in conversations with the City Attorney, the report is
considered non-public data. The V A will be submitted to the EP A by May 2004.
The next step in the process is to conduct an EOPIERP. The EOPIERP is required to be submitted
to the EPA by the end of 2004. Elert & Associates has submitted a cost to complete the EOPIERP.
In their original proposal, they had a $12,500 proposed fee to complete this work. Due to the
information that has already been collected through the V A, they have adjusted their fee to $4,725.
BUDGET IMPACT
The funding for this work will be from bond proceeds issued for the Water Treatment Plant.
ACTION REOUESTED
The City Council is requested to review the executive summary for the City's Vulnerability
Assessment and authorize a contract with Elert & Associates to prepare an Emergency Operation &
Recovery Plan for the City's water distribution system.
~ctfullY submitted,. "-
(U~0,b~
David D. Berkowitz . o-.,/' ./
Attachments: Executive Summary & Proposal from Elert & Associates for EOPIERP
Andover Water Supply System
Vulnerability Assessment Report
Executive Summary
1.1 Background
The City of Andover, Minnesota retained the services of Elert & Associates
(hereinafter referred to as E&A) to perform a vulnerability assessment on their
water system's distribution system and treatment plant. E&A utilized the Sandia
National Laboratories Risk Assessment Methodology for Water (RAM- W) to
complete this vulnerability assessment.
The United States has mandated that all drinking water systems, with greater than
3300 customers, complete a vulnerability assessment to pinpoint vulnerabilities of
water treatment systems and take corrective physical protection system measures.
o
1.2 Report Scope
This vulnerability report makes use of the Sandia Risk Assessment Methodology
for Water (RAM - W) process. The RAM - W process is a procedure for conducting
a vulnerability assessment on a water system. It takes into account threats, critical
asset identification (based on function in the overall water system), existing
physical protection systems, and consequences. Overall, it pinpoints where a
water system has its highest risk so that proper security enhancements, upgrades
or water system design modifications can be made to minimize that risk.
The RAM- W process is based on the following equation:
R=PA X (l-PE) X C where
R= Risk
P A = Likelihood of occurrence
PE= System effectiveness (l-PE is equivalent to system ineffectiveness or
potential of adversary success)
C= Consequence
o
1.3 Assessment Summary
Utilizing the Sandia Risk Assessment Methodology the project team first looked
at determining mission objectives and prioritizing facilities. Comparing facilities
head-to-head based on the mission criteria helped determine which facilities are
most essential to the water system. Overall, the new water treatment plant was
deemed the most critical component of the water system..
~ Elert & Associates
Page 3
Andover Water Supply System
Vulnerability Assessment Report
In order to properly design security enhancements and potential water system
design enhancements, a defined threat has to be established. The team conducted
a threat assessment to define the characteristics of an adversary that would attack
the water system. The adversary is based on information from previous incidents
and the composition of the surrounding community. Definitions are created for an
insider, outside, and cyber threat. The defined threat to the Andover Water Supply
System was based on disgruntled current or past employee or an upset customer
both with intentions on disruption of water service by impairing the system.
To further understand the operation of the Andover Water Supply System, a
schematic of the water system and a fault treel depicting ways to disrupt or inhibit
the water supply were created. Using these two diagrams, critical assets of the
water system are discovered as well as any single points of failures. No single
points of failure were uncovered on the system. The most critical asset ofthe
entire system was the water treatment plant. Secondly, the wells were valued as
more critical than the elevated tanks.
With the identification of critical assets from the fault tree, consequences of the
loss of those critical assets are assessed. Values are assigned to the differing levels
of consequences and are applied to the risk equation. The measures of
consequence that are utilized for this assessment are economic loss, duration of
loss, number of connections impacted, and loss of fire protection.
o
A detailed inspection of existing security systems in place was completed to
understand the defenses in place to protect critical assets. Adversary sequence
diagrams were created to assist in determining the most likely path an adversary
would take to gain access to a critical asset. Attack scenario timelines were also
created to get a detailed look at the effectiveness or ineffectiveness of detection,
delay, and response methods in place. In general the overall effectiveness of any
of the security systems examined was low.
With the information gathered from the defined threat, security system
effectiveness, and consequences, values are assigned in the risk equation to
determine a risk value for each critical asset. The risk value provides a baseline
for the current status of the physical protection system (PPS) with the hopes of
improving the risk value with security enhancements and water system design
modifications.
Based on the knowledge of the current security systems in place, the awareness of
critical assets, and the potential paths an adversary might take, PPS
recommendations were made. The recommendations involved developing a
backflow prevention program, directing intrusion alarms immediately to law
enforcement personnel to quicken response time, create a monthly security
inspection, and other minor physical security measures.
o
1 These diagrams can be found in the appendices.
~ Elert & Associates
Page 4
Andover Water Supply System
Vulnerability Assessment Report
o
1.4 Project Team
The following people worked on the project team to provide infonnation and
input on the vulnerability assessment.
. Dave Berkowitz, City of Andover
. Brian Kraabel, City of Andover
. P~ter Gray, Elert & Associates
Disclaimer: This risk assessment is designed to give guidance to The City of
Andover, their water treatment plant, and their distribution system. E&A does not
take any legal liability or responsibility for the effectiveness of the
enhancements/recommendations made in this report. E&A does not guarantee the
effictiveness of the enhanced physical protection system to prevent an adversary's
attack.
o
o
~ Elert & Associates
Page 5
o
o
o
03,30
'"
ELERT & ASSOCIATES
Technology Consultants
140 Third Street South
Stillwater, MN 55082
(651) 430-2772
www.elerlcom
I..~R --
. ECE!VElY
I
f JAN 2 I ?nnl/
~~,
January 19, 2004
Mr. David Berkowitz
City of Andover
1685 Crosstown Blvd.
Andover, MN 55304
Dear Mr. Berkowitz:
Thank you for the opportunity to provide an updated quote for our services for the next phase of the water
treatment facilities security assessment and operations tasks as required by the EP A. The next phase
required is the creation and update of the Emergency Operations and Recovery Plan (ERP).
Approach and Tasks
L Using the knowledge gained from completing the VA, E&A and the project team will identify
potential hazards associated with the water system. Outcomes and consequences resulting of the
potential hazards will also be identified. Threats that will be examined include: physical, biological,
and chemical.
2. Once the potential risks are identified, existing EOP procedures will be examined to see if they
mitigate identified hazards. Procedures and policies will be modified if they are deemed
unsatisfactory when dealing with a potential hazard.
3. E&A will present suggested modifications to the project team for review. After review, accepted
modifications and comments will be incorporated into the EOP.
Weare prepared to start work immediately and complete the ERP well before the deadline.
The following fee is proposed to complete the EOPIERP process and deliver a finished document to the
City of Andover. This phase would likely include two (2) trips on-site for meetings or presentation.
Fee: $4,725
Please call me if you have any questions; my direct number is (651) 705-1239.
Sincerely,
~~
Ed Hazelwood
ss
c: Peter Gray
MINNEAPOLIS/ST. PAUL AUSTIN DALLAS DES MOINES MADISON MILWAUKEE
"Equal Opportunity Employer"
o
o
o
O!)
CITY OF
NDOVE
1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (763) 755-5100
FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US
TO:
Mayor and Councilmembers
John Erar, City Administrat~
Captain Dave Jenkins - Anoka County Sheriffs Office
CC:
FROM:
SUBJECT:
Receive Anoka County Sheriff's Department Monthly Report
DATE:
February 17, 2004
INTRODUCTION
Lieutenant Tom Wells from the Anoka County Sheriffs Office will be present to provide the
Council and the citizens of Andover with an update on law enforcement activities within the
City. Attached is a copy of the January 2004 monthly report.
DISCUSSION
To be verbally presented.
ACTION REOUlRED
For Council information.
Respectfully submitted,
f)~ k~ &.?i
Captain Dave Jenkins
Anoka County Sheriff s Office
Attachment: January 2004 monthly report i/
o
o
o
B. CITY OF ANDOVER - JANUARY, 2004
Current Mo. Last Month YTD LAST YTD
Radio Calls 709 692 709 710
Burglaries 10 7 10 4
Thefts 68 50 68 45
Crim.Sex 0 2 0 1
Condo
Assault 14 12 14 7
Dam to Prop. 17 26 17 36
Harr. Comm. 10 8 10 5
Felony Arrests 12 9 . 12 7
Gross Mis. 2 3 2 9
Misd. Arrests 34 43 34 22
DUI Arrests 12 8 12 4
Domestic Arr. 12 6 12 6
Warrant Arr. 7 18 7 17
Traffic Arr. 187 156 187 93
o
o
o
Community Service Officer Report
C. CITY OF ANDOVER - JANUARY, 2004
Current Month Last Month YTD Last YTD
Radio Calls 174 147 174 115
Incident Report 95 60 95 69
Accident 16 8 16 15
Assists
Medical Assists 1 0 1 0
Aids: Public 45 48 45 69
Aids: Agency 92 76 92 116
Veh. Lock Out 51 30 51 29
Extra Patrol 49 33 49 148
House Checks 10 10 10 18
Bus. Checks 17 20 17 11
Animal CompI. 52 46 52 33
.
Traffic Assist 2 4 2 2
@
o
CITY OF ANDOVER
1685 CROSSTOWN BOULEVARD N.W. . ANDOVER., MINNESOTA 55304. (763) 755-5100
FAX (763) 755-8923 . WWW.CI.ANDOVERMN.US
TO: Mayor and Councilmembers
CC: John Erar, City Administratot
FROM: Jim Dickinson, Finance Director
SUBJECT: Award Bond Sale/Capital Improvements & Refunding Bonds/F;hlers & Associates
DATE: February 17, 2004
INTRODUCTION
o
Mark Ruff, the City's Financial Advisor from EWers & Associates will be in attendance to present the
results of the City's sale of the following bond issues authorized at the January 6, 2004 Council
Meeting:
$3,895,000 G.O. Capital Improvement Bonds, Series 2004A
$4,335,000 G.O. Tax Increment Refunding Bonds, Series 2004B
The sale opening will be at 10:00 pm on February 17th with consideration of the award of bid to be
forwarded to the Andover City Council at approximately 7:00 pm that evening.
DISCUSSION
The City Council authorized at the January 6, 2004 Council Meeting to provide for the sale of the
aforementioned bonds based on the following justification for each bond issue:
$3,895,000 G.O. Capital Improvement Bonds, Series 2004A
These bonds are being issued to finance $1,600,000 in project costs fora new fire station (plus costs of
issuance and capitalized interest) and to advance refund the outstanding maturities of the EDA's
$2,350,000 Public Project Revenue Bonds, Series 1997 (public works facility) as a general obligation
bond. The EDA Bonds are callable on December 1,2004.
o
$4,335,000 G.O. Tax Increment Refunding Bonds, Series 2004B
These Bonds are being issued to refmance through an advance refunding of the $6,055,000 G.O. Tax
Increment Bonds, Series 1995D. The 95D bonds are callable on February 1,2005.
o
Mayor and Council Members
February 17, 2004
Page 2 of2
BUDGET IMPACT
The $3,895,000 G.O. Capital Improvement Plan Bonds, Series 2004A are funded by an annual tax
levy. The $4,335,000 G.O. Tax Increment Refunding Bonds, Series 2004B are funded by tax
increment revenues generated from the Tax Increment Districts.
ACTION REOUIRED
The City Council is requested to approve resolutions that will be available at the Council Meeting and
are available for viewing at the Finance Director's Office accepting the proposals on sale of the
respective bonds based on the bid tabulation that will be presented by Ehlers & Associates at the
meeting. The resolutions will be as listed:
o
Resolution Accepting Proposal On Sale Of $3,895,000 General Obligation Capital
Improvement Plan Bonds, Series 2004A. Providing For Their Issuance, And Levying A Tax
For The Payment Thereof
Resolution Accepting Proposal On Sale Of $4,335,000 General Obligation Tax Increment
Refunding Bonds, Series 2004B, Providing For Their Issuance, And Pledging Revenues For
The Payment Thereof Tax Increments
o
o
o
o
@
CITY OF
NDOVE
1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304. (763) 755-5100
FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US
TO:
Mayor and Council Members
FROM: John Erar, City Administrator
SUBJECT: Authorize Advertisement for BidsIBid Package #3/Approve Plans and
Specifications for Andover-YMCA Community Center Project
DATE: February 17,2004
INTRODUCTION
The City Council is requested to authorize advertisement for bids for Bid Package #3 - Building
Package. This package includes all building elements associated with the Community Center,
including the Ice Arena, Aquatics Center, Fitness Center, Fieldhouse and all supporting building
infrastructure. Plans and specifications are being completed by Rozeboom Miller and will be .
issued on March 8, 2004. Staff will be doing a final check plan of all building codes, fire codes,
mechanical, electrical and building materials prior to issuance. This will be the second code
review of all building system components.
DISCUSSION
The project schedule requires the advertisement for bids for site work, which is described in the
attached correspondence from Brian Recker, RJM Construction. In order to maintain the
schedule and achieve the desired opening date for the Ice Arena, the building package will be
issued on March 8, 2004. Bid opening for the Building Package is scheduled for March 25, 2004,
with bid award scheduled for March 30, 2004 at the Council workshop. Please review the
attachment from RJM Construction for specific elements contained within this package.
Brief Project Update
Council may recall that March 16,2004 is the date for final award of Bid Package #1 - Steel and
Pre-Cast and Bid Package #2 - Site Work. Relative to Bid Package #2, the construction manager
and staff is recommending that the "right-in right-out" Bluebird-Hanson intersection and the
southerly drive be bid as alternates with a delayed award period to allow for flexibility should the
Tax Abatement Project application meet with County approval. While this will keep our options
open, there is the possibility that the contractor bidding the alternates may not be the low bidder
for the entire package, which could require a re-bid of the two alternates at a later date, and
possibly at a higher project cost.
"
o
o
o
ACTION REQUIRED
Authorize advertisement for bids for Site Package #3 and Approve Plans and Specifications for
the Andover-YMCA Community Center by adopting the attached resolution.
o
o
o
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO.
MOTION by Councilmember
following:
to adopt the
A RESOLUTION APPROVING FINAL PLANS AND SPECIFICATIONS AND ORDERING
ADVERTISEMENT FOR BIDS FOR PROJECT NO. 02-27, AndoverlYMCA
Community Center Proiect FOR Buildina Packaae #3
CONSTRUCTION.
WHEREAS, Plans and Specifications were prepared by Rozeboom Miller
Architects for Project No. 02-27 , for Buildina Packaae #3
construction; and
WHEREAS, such final plans and specifications were presented to the City Council
for their review on the 17th day of Februarv , 2004.
NOW, THEREFORE, BE IT RESOLVED by the City Council 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 open at
2:00 pm March 25 , 2004 at the Andover City Hall.
MOTION seconded by Councilmember
and adopted by the
City Council at a
meeting this
day of
,19_, with Council member
voting
in favor of the resolution and Councilmember
voting against same whereupon said resolution was declared passed.
CITY OF ANDOVER
ATTEST:
Michael R. Gamache - Mayor
Victoria Volk - City Clerk
g:data/staff/rhondaa/agenda/resolutions/original/advbids 2/11/2004
o
)'"' .....---------....
;:0:.-- ...,-' 'tln. ~
. .--. --..
- -
~~::J.~IUI~.U-'V~'lI
- - -~- - I..i t.: - w u C!.: ~ li
February 10, 2004
~ '~llllllr i :~'
~I.' I"
I"
I
'I
CDNSTRUCTION
Mr. John Erar
City of Andover
1685 Crosstown Boulevard Northwest
Andover, MN 55304
Re: Andover Community Center/YMCA
Bid Advertisement for Bid Package 3
Dear J obn,
In order to maintain our current project schedule we recommend that, at their February 17, 2004
meeting, the City Council approve the Bid Advertisement for Bid Package 3. This third release
will contain all of the remaining building components suCh as concrete, masomy, roofing,
windows, aquatic structures, structural wood systems, refrigeration systems for the ice arena,
mechanical and electrical systems, drywall, wood doors, gymnasium equipment and all fmishes
for flooring and walls.
As part of this Bid Package, we will include two additive bid alternates. One alternate will be for
a southerly drive between the west and east parking lot. The other alternate will be for the work
associated with creating the "right-in right-out" at the Bluebird-Hanson intersection. It will be
required by the contractors to allow a 90 day acceptance of these alternates by the City to provide
some flexibility in their acceptance. However, there is a possibility that the low bidder for the
site work bid category may not have the lowest bid alternate pricing. This may require that the
work associated with the two bid alternates either be accepted On March 16th as part of the Bid
Package #2 Site Work contract award, or be bid as a separate Bid Package at a later date.
Subsequent to tIns approval for advertisement, the Construction Documents will be released to
the bid market on March 81l1, with an established bid date of March 25'\ 2004.
If you should have any questions, please feel free to contact me.
Brian . eker
Senior roject Manager
5455 H\N'( 169 PLYMOUTH MN 55442
763.383.7600
FAX 763383.7601 81D FAX 763.553.9670
IlIM IS AN rooo OPFORTUNflY EMf'lOYER
FEE 11 2004 11:34
763 383 7601
PAGE. 02
c
@
1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (763.) 755-5100
FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US
TO: Mayor and Councilmembers
CC: John Erar, City Administrato~
Will Neumeister, Communi~lDevelopment Director ItIi.-
FROM: Courtney Bednarz, City Planne~
SUBJECT: Consider VarianceIFront & Sideyard Setbacks/921-15Sth Avenue NW-Planning
DATE: February 17,2004
INTRODUCTION
The subject property contains an older home that was constructed before the current
setback requirements were adopted. The home does not meet the current front and side
yard setback requirements as illustrated in the attached drawing.
o
DISCUSSION
The applicant purchased the property without the non-conforming situation being
disclosed to them. This discovery was made when a new deck was constructed on the
property last year. The property owner became aware that a building permit was
necessary for the new deck at the same time. Due to the fact that the structure was
already non-conforming, the City would not issue a building permit for any expansion of
the existing structure, including the deck.
The property is in an older rural neighborhood that developed before the current R-l
Zoning District standards were established. The streets are gravel, and meander through
the right-of-way as shown on the attached aerial photograph.
The deck wraps the south side ofthe house and is six feet wide on this side of the house
as shown on the attached drawings. The posts are approximately 4.5 feet from the
foundation and the remaining 1.5 feet cantilevers out. The setback is measured from the
post. The new deck reduced the front yard setback from 39.6 feet to 35 feet.
o
R-l Subject
Requirement Property .
Front Setback 40 feet 35 feet
Corner Side 40 feet 35 feet
Setback
Interior Side 10 feet 193 feet
Setback
Rear Yard 50 feet 225 feet
setback
o
State Statute provides review criteria that are used to determine the merit of variance
cases. In all cases the applicant must demonstrate undue hardship. The considerations for
undue hardship include:
1. There are circumstances unique to the property that were not created by the
landowner. Unique conditions may include the physical characteristics, including
topography or water conditions that may exist on the property.
2. The property, if the variance is granted, will not be out of character with other
properties in the same neighborhood.
3. The applicant has exhausted all reasonable possibilities for using his/her property
or combining a substandard lot due to size, shape or lot line dimensions, with an
adjacent vacant lot.
4. Economic considerations may not constitute an undue hardship if reasonable use
of the property exists with application of the minimum standards of this chapter.
Findings for this Request
The applicant has provided the attached letter to describe the findings for the proposed
vanance.
o
Staff Recommendation
Staff recommends approval of the proposed variance.
Planning Commission Recommendation
The Planning Commission unanimously recommended approval of the proposed
variance. Please see the attached minutes for more information.
Attachmen",
Resolution
Location map v
Applicant's Letter ....
Survey of property ./
Aerial photograph ./
Deck plan. ./
Planning Commission Minutes ./
ACTION REOUESTED
The Council is asked to. approve the proposed variance to the front and side yard
setbacks.
Respectfully submitted,
o
Courtney Bednarz
Cc: Mr. And Mrs. Genz 921 158th Avenue NW
o
CITY OF ANDOVER
COUNTYOFANOKA
STATE OF MINNESOTA
RES. NO. R
A RESOLUTION APPROVING THE VARIANCE REQUEST FOR MR. AND MRS.
GENZ TO VARY FROM CITY CODE 12-3-4 TO REDUCE THE FRONT AND SIDE
YARD SETBACK REQUIREMENTS FOR AN EXISTING HOUSE AND DECK ON
PROPERTY LOCATED AT 921 1~8TH AVENUE NW, LEGALLY DESCRIBED AS
(P.I.D 14-32-24-44-0012):
THAT PART OF THE SOUTHEAST QUARTER OF SECTION 14 TOWNSHIP 32
RANGE 24 DESCRIBED AS FOL LOWS COMMENCING AT THE SOTHEAST
CORNER OF SAID QUARTER THENCE NORTHERLY ALONG THE EAST LINE
OF SAID QUARTER A DISTANCE OF 561.0 FEET THENCE WEST & PARALELL
WITH THE SOUTH LINE OF SAID QUARTER A DISTANCE OF 660.0 FEET TO
THE POINT OF BEG OF THE TRACT HEREIN TO BE DESCRIBED THENCE
WEST ALONG A LINE PARALELL WITH THE SOUTH LINE OF SAID QUARTER
A DISTANCE OF 260.99 FEET-THENCE NORTH A DISTANCE OF 300.0 FEET
THNCE EAST & P ARALELL WITH THE SOUTH LINE OF SAID QUARTER A
DISTANCE OF 260.99 FEE THENCE SOUTH 300 FEET TO THE POINT OF
BEGINNING.
o
WHEREAS, Mr. And Mrs. Genz have petitioned to vary from the requirements of City
Code 12-3-4, and;
WHEREAS, the City Council finds that the special circumstances for the subject property
are as follows:
1. The home was constructed before the current standards of the R -1 Zoning District
were adopted.
WHEREAS, the City Council finds that the variance will not be detrimental to the health,
safety or welfare of surrounding properties, and;
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover
approves the proposed variance request to vary from City Code 12-3-4 to reduce the front
and side yard setback for the existing house and new deck to 35 feet for the subject
property.
Adopted by the City Council of the City of Andover on this _ day of
,2004.
CITY OF ANDOVER
ATTEST:
Michael R. Gamache, Mayor
o Victoria V olk, City Clerk
-3-
Q
Variance
921 158th Avenue NW
CON
16019
16
1054
" ',,-
'''-''' , '~
1021
887 15762 15803
15773
15745
15726 773 719
677
752
654 6
15633
15615
15553
15582 0 15549
0::
W
0:: 15535
15540 <(
0:: 15527
a..
15505
/ "-
./ /'"
. /' ...// /./~'
. / / '"
.' . / /~
\~ ...,,/ / /..-/,/ .,,-/.// '-,
" \\ / / .... "
.' \, \'<(,-, /".// :.......- /..,-. "'.,
-\ '\. //' ~
'...... -----.------ ,...."
....-
/'
////
,,/ //
/' ,,/
...//,///-'
/
/ /'
o
Project Location Map
N
w~.
.
Andover Planning
-f--
o Dec.3l, 2003
To whom it may concern,
Upon building our deck this past summer we discovered that our deck was encroaching
on the setback of our property. While looking into this matter we found through pictures
and aerial views that not only our deck, but the entire house is encroaching on the
setback. Our house was built on an angle causing the entire south west and north west
comers of our home to infringe.
We are writing this letter to ask for a variance. Not only for our deck, but for our home
as well. We are a young couple and bought this house for the sole purpose of remodeling
atid improving the house.. With out this variance we will not be able to continue with our
goal. Weare hoping to keep the deck as is, since it is only a pie portion of the deck that
is infringing. The amount of the deck that is infringing is only amatter of feet and the
deck adds well needed curb appeal. Our house is located 65-70 feet from the edge of the
road. While researching the situation we have also found that l581h Ave does not run
straight. It actually curves around making the road wider and measurements uncertain.
o
We have talked to our neighbors and all agree that the deck looks good and they don't
mind the fact that we are infringing. They show their support with their signatures on our
petition. During the building of the deck we also resided our house. In the event of
removing the deck we would have to tear off the existing siding and start over since the
siding was installed around the deck and needs to be put on from the bottom up. This
would be timely and expensive. .
In conclusion, as you can tell by the above description, this is no longer an issue of a deck
variance. But rather,our total homestead is not built within the parameters of Andover
code. With this in mind, what we are asking for is a total variance so that we may
continue the enjoyment and improvement of our home.
Sincerely r., , () J
, ,,},!!. \. V"-"\
./.......l.Gw4*<' rUUJJ:lth \-UVV),~,
. . v . ) . I
\ '. \
S~ott-and Allison Genz.-/U
o
-s-
,0
o z
.
~
'"
~
..
~
""
3:
...
'"
'"
..
~
'"
~ g.~ g ~
(... :T
tIl "e. 0. 1'1 l1l
....IV 1"1
C ~..."O III
HdP 'DO tr
IC!nt1'<
rt't-"'rTrt'
:T ~ n
111 ~ ~.~ ~
11~ (II t1'
lilrb ....
PI 0.., '0 ....
<~'<
t"t"'Rj
o '" =.'g !J.
..tott OJ 0 11 PI
"'~..
3:'" Qo
....=.'" rt
g ~ 5.~ ~
~ ~ ~
11I"< rt 9
C 0 :r' fll VI
,t t1 01 c:
PI r+O'1
. ~ 11 <:
"'... ~
'" c'<
~; g:
~'tl
rtDlt't1-'
::r ~
~ '"
l
<:
;-::'-'/y/'44'4$')jI
33
;:
.~
~,
I-
I--
1\1
1-
~
,
~ I
1.0 I\l
Cl t1\
~ ~
::< Ia
,
10
l"- I
,
~ ~
'"
() 1\1'
'^
... 't
~
~
Cl
...
~
!'
,~
:-;
k'
,l
:\'J
~)
~,
,
33 f
SYCAMOR-E
STnEE"f-.
N lAI
. .. .
......
'-S>.
,-
-Soo. o~ A10RTH
;:J.t"
" --
-.-
-..
\"
I
...,
--1~
t
"
t
'I
~
~
'"
..:'.-
~ - :;;..<-
~ -:\
'" "
\".z~.J
~ ~
t,i
"
~
~
C\
'I,
P/JR?/li.cl. 'W/T"'I CAS'TLINI!" OFS.e~.? OF _~~C"..I
-300./4 - N/'44'4S'W _ _
------
1~/l-1{;
- 300.0 - No/f'T#
..so
,.00
......--~.~.
~7 ~ 1>'0- ~
'"
~I 'ii? ~ \)
~ <i'- :t, ~~
, f'.,
~. ;;: 1\. ""
'^ ~ "
"-
\J' ~ ~
't ~ "
" 1.1>
'I. ~
"-&RO'S-S-l'.O 'vV N-
BLVD.
-./
..~...-
(co. RD. NO.
18
.. <:.~(;..j4
/
T
t.l,-o"
I
1
o
\'2-0"
i
1
o
~-o"
I I II
'tvd' !-l
~ J j
....j . ;\- 1 ~\._~.1.. .L~ 1- .
,
~-q" ----.
'd\,>e,t.'f\~!:l .
SCOTT B. GENZ
921 158TH AVENUE N W
ANDOVER, MN 55304 .
7~4~-1c>'15"
71-~. :JO\5~~ \~' O.c..
2-"2;.8 - BeR'<'\~
10+10- P"5-t~
I II I
Z; 1-l.f - .f.,,~,"'(\S
'? .,
.::>l. -h"l.J" \\..~ ("\\\
L\'~ ~~,";~ \-,..>.~ ,..,:.\
'5J~-t1o - ~c-'1:::\ '<'f)
o
.-z.~
_.g-
." \O'n" --
i i
II'
i
i
I i
i !
d
~~
!~.
qJ
II
. ! I
: I
i I
! I
1
j
!
I
J
i
!
"
)
\
I
!
i
I
i
I
1
,
I
i
I
i
,
I
I
;
I
i
I
I
IN
;,--
I
0..
'"
.L
d,
I !
I
i
,
I
i
i
t.>.
f:
,
,
I
I I
I
i
I
I
I
..t>
I -
..-,
,
!
I
1
;
j
I
I
.1.
o
o
o
Regular Andover Planning and Zoning Commission Meeting
Minutes - January 13, 2004
Page 9
. VARIANCE (04-01) TO VARY FROM THE FRONT AND SIDE YARD SETBACK
REQUIREMENTS FOR EXISTING HOUSE AT 92115STH A VENUE NW.
Mr. Bednarz explained the subject property contains an older home that was constructed
before the current setback requirements were adopted. The home does not meet the
current front and side yard setback requirements as illustrated in the drawing.
Mr. Bednarz discussed the staff report with the Commission.
Commissioner Kirchoff asked for clarification how the Ordinance has changed. Mr.
Bednarz stated the house is an older structure that was built before the current setbacks
were adopted. Commissioner Kirchoff asked if this became a non-conforming use
because of the Ordinance change. Mr. Bednarz stated that was correct.
Commissioner Jasper stated they needed a variance beyond the actual house; they would
also need a variance for the deck. Mr. Bednarz stated this was correct.
Commissioner Vatne asked if the neighbors signed the petition and ifthey did, they do
not have it in the packet. The applicant stated they did not have the signatures on time to
give to Mr. Bednarz. Commissioner Gamache stated a petition was not necessary for this
variance. Chairperson Daninger stated that was correct.
Commissioner Jasper asked if they had the signatures from the neighbors. The applicant
stated he did not.
Commissioner Jasper asked if anyone was able to drive by the home and did it fit into
character of the other homes. Commissioner Gamache stated ifthey put in an asphalt
road instead of the gravel, it would vary a little in layout.
Commissioner Gamache asked if they were being specific in the thirty feet for the
variance or are they making this house legal non-conforming. Mr. Bednarz stated the
way the variance is written the setback would be thirty-five feet on those two sides of the
property.
Chairperson Daninger stated it was his understanding that anything above and beyond
this would require another variance. Mr. Bednarz stated that was correct.
Commissioner Vatne asked for clarification if in fact this was built on this location before
they had the setback requirements in place, he thought this would have been
grandfathered in as is. Mr. Bednarz stated this was not the case because when the
ordinances change, if you have a structure that does not meet the requirements, that
becomes a non-conforming structure. They are allowed to use and do maintenance on it
but it cannot be expanded and if it were to burn down, they would not be able to
reconstruct it on the same 10Gation.
-7-
o
o
o
Regular Andover Planning and Zoning Commission Meeting
Minutes - January 13, 2004
Page 10
Commissioner Jasper recapped the steps taken by the applicant when they found about
the need for a variance. He asked if the neighbors were all given notice of this request
for a variance. Mr. Bednarz stated they sent a notice out to neighbors within 350 feet of
the property and a sign was put out on the property.
Motion by Kirchoff, seconded by Casey, to recommend to the City Council approval of
the proposed variance to the front and rear yard setbacks.
Commissioner Vatne stated it was a little troubling that the letter stated the applicant had
a petition with neighbors' signatures only to fmd out this was never done. He felt a little
uneasy approving this.
Mr. Jim Toay, 15743 Redwood Street, stated he encouraged the City to approve this
simply for the fact that they are older homes. He stated the house looks one hundred
percent better then what was there before the applicant moved in. He stated all the
neighbors received notices and saw the sign.
Commissioner Gamache asked if this home were to be damaged, does the variance stay
on the property or would they have to rebuild within the current setbacks. Mr. Bednarz
stated they would be able to rebuild at the thirty-five foot setback as opposed to the forty
foot setback.
Mrs. Genz, applicant, stated that if the neighbors had concerns, they would be at the
meeting. She apologized for not having the signatures. They are a young couple with a
small child and their goal is to improve the home and without the variance they will not
be able to do this.
Motion carried on a 6-ayes, O-nays, I-absent vote.
Mr. Bednarz stated that this item would be before the Council at the February 3, 2004
City Council meeting.
The Commission recessed at 9:00 p.m. for a five minute break.
The Commission reconvened the meeting at 9:05 p.m.
PU EARING: REZONING (04-03) TO CHANGE THE ZONING FROM
SINGLE FA 'AN RESIDENTIAL (R-4) TO MULTIPLE DWELLING LOW
DENSITY (M-l) FOR P Y LOCATED AT THE NORTHEAST CORNER OF
CROSSTOWN BOULEVARD AND ST NE NW.
Mr. Bednarz explained the Planning Commission is aske 'ew the proposed
rezoning to allow the Crosstown Meadows project containing attache
move forward.
-/(j-
o
<?)
1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (763) 755-5100
FAX (763) 755-8923. WWW.CI.ANDOVER.MN.US
TO: Mayor and Councilmembers
CC: John Erar, City AdministratoNv L
Will Neumeister, Communi~ bevelopment Director {Jj
FROM: Courtney Bednarz, City Plann~
SUBJECT: Consider RezoningIR-l to R-4/l02l Crosstown Boulevard - Planning
DATE: February 17,2004
INTRODUCTION
The Council is asked to review the proposed rezoning to allow the Sophie's Manor project to
move forward.
DISCUSSION
As with all rezonings, in order to change the zoning the City must establish one of the two
o following findings are present:
1. The original zoning was in error.
2. The character of the area or times and conditions have changed to such an extent to
warrant the rezoning.
The proposed plat is consistent with the Comprehensive Plan as the property is designated
Transitional Residential (TR). This designation indicates that the property will transition from
rural to urban with the extension of utilities to the property. The property is located in the
Metropolitan Urban Service Area (MUS A) and lies within the current growth stage (2000-2005)
in the City's Sewer Expansion Plan.
Staff Recommendation
o
The times and conditions have changed due to the fact that properties to the north and west have
developed at urban densities and municipal utilities are now available to serve the subject
property. Staff recommends approval of the proposed rezoning.
Planning Commission Recommendation
The Planning Commission unanimously recommended approval of the proposed rezoning.
o
o
o
Attachments
City Code Amendment
Location Map
Planning Commission Minutes
ACTION REOUESTED
The Council is asked to approve the rezoning request based on the fact that times and conditions
have changed.
Cc: Emmerich Development Corporation, I 875 Station Parkway NW
-2..-
o
o
o
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
ORDINANCE
AMENDING CITY CODE TITLE 12-3-5 ZONING DISTRICT MAP TO CHANGE THE
ZONING DESIGNATION FROM SINGLE FAMILY RURAL RESIDENTIAL (R-1) TO
SINGLE FAMILY URBAN RESIDENTIAL (R-4)
WHEREAS, a public hearing was held before the Planning Commission, and;
WHEREAS, the Planning Commission has reviewed the request and has determined that said
request meets the criteria ofthe City Code, and;
WHEREAS, the Planning Commission recommends approval of the proposed rezoning to the
City Council based on the fact that times and conditions have changed due to the fact that
properties to the north and west have developed at urban densities and municipal utilities are now
available to serve the subject property.
WHEREAS, the City Council agrees with the Planning Commission recommendation, and;
NOW THEREFORE THE CITY COUNCIL OF THE CITY OF ANDOVER DOES HEREBY
ORDAIN AS FOLLOWS:
City Code 12-3-5, the Zoning District Map of the City of Andover is hereby amended as follows:
1) Rezone land from R-l, Single Family Rural Residential to R-4, Single Family Urban
Residential on approximately 34 acres (P.I.D. 23-32-24-12-0001) legally described as:
That part of the Northwest Quarter of the Northeast Quarter of Section 23, Township 32, Range
24, Anoka County, Minnesota, except the Burlington Northern Railroad, lying north of
Crosstown Boulevard NW.
AND
That part of the Southwest Quarter of the Northeast Quarter of Section 23, Township 32 Range
24, Anoka County, Minnesota lying North of Crosstown Boulevard NW except the West 250.00
feet of Said Southwest Quarter of the Northeast Quarter.
2) All other sections of the City Code shall remain as written and adopted by the City
Council of the City of Andover.
Adopted by the City Council of the City of Andover on this _ day of 2004.
CITY OF ANDOVER
ATTEST:
Michael R. Gamache, Mayor
Victoria V olk, City Clerk
- '3-
Sophie's Manor
1374
,....
15850
1346
15810
:;l
~
~
iI
;
~
~
ill
15540
849
835
o
Project Location Map
w~,
s
Andover Planning
-"'/--
o
o
o
PLANNING AND ZONING COMMISSION MEETING - JANUARY 27,2004
T e Regular Bi-Monthly Meeting of the Andover Planning and Zoning Commission was
calle 0 order by Chairperson Daninger on January 27, 2004, 7:00 p.m., at the Andover
City Ha , 685 Crosstown Boulevard NW, Andover, Minnesota.
Chairperson Daninger, Commissioners Tim Kirchoff, Tony
Gamache, Rex Greenwald, Dean Vatne, Jonathan Jasper
and Michael Casey.
Commissioners absent:
Also present:
City Planner, urtney Bednarz
Associate Planner,
Others
APPROVAL OF MINUTES.
January 13, 2004
Motion by Gamache, seconded by Casey, to approve the minutes as presented.
carried on a 6-ayes, O-nays, I-present (Greenwald), O-absent vote.
.. PUBLIC HEARING: REZONING (03-09) TO CHANGE THE ZONING FROM
SINGLE FAMILY RURAL RESIDENTIAL (R-1) TO SINGLE FAMILY URBAN
RESIDENTIAL (R-4) FOR PROPERTY LOCATED AT 1021 CROSSTOWN
BOULEVARD NW.
Mr. Bednarz explained the Planning Commission is asked to review the proposed
rezoning to allow the Sophie's Manor project to move forward.
The proposed plat is consistent with the Comprehensive Plan as the property is
designated Transitional Residential (TR). This designation indicates that the property
will transition from rural to urban with the extension of utilities to the property. The
property is located in the Metropolitan Urban Service Area (MUSA) and lies within the
current growth stage (2000-2005) in the City's Sewer Expansion Plan.
-5'-
o
o
o
Regular Andover Planning and Zoning Commission Meeting
Minutes - January 27, 2004
Page 2
The times and conditions have changed due to the fact that properties to the north and
west have developed at urban densities and municipal utilities are now available to serve
the subject property. Staff recommends approval of the proposed rezoning.
Mr. Bednarz discussed items 3 and 4 with the Planning Commission.
Motion by Greenwald, seconded by Casey, to open the public hearing at 7:27 p.m.
Motion carried on a 7-ayes, O-nays, O-absent vote.
Public input is discussed in the next item.
Motion by Gamache, seconded by Casey, to close the public hearing at 7:45 p.m. Motion
carried on a 7-ayes, O-nays, O-absent vote.
Motion by Greenwald seconded by Gamache, to recommend to the City Council
approval of the rezoning request based on the fact that times and conditions have
changed. Motion carried on a 7-ayes, O-nays, O-absent vote.
Mr. Bednarz stated that this item would be before the Council at the February 17,2004
City Council meeting.
.. PUBLIC HEARING: PRELIMINARY PLAT OF SOPHIE'S MANOR, A SINGLE
FAMILY URBAN RESIDENTIAL DEVELOPMENT LOCATED AT 1021
CROSSTOWN BOULEVARD NW.
Mr. Bednarz explained the Planning Commission is asked to review a preliminary plat of
46 urban lots on approximately 34 acres.
Mr. Bednarz discussed the staff report with the Commission.
Mr. Bednarz stated staff is recommending a temporary access onto Crosstown Boulevard.
He stated they received comments from the County Highway Department and they are
not in favor of a new access to Crosstown Boulevard. He stated the city staff will
continue to discuss this with the County.
Mr. Bednarz stated there are also a couple of outlots on the plat and staff is asking that
one be combined with adjacent property and the other be preserved for future
development.
Mr. Bednarz stated there were two other items. One being an existing row of evergreen
trees along Crosstown Boulevard. The City requires an extra ten feet of lot depth for
screening from the roadways. There is an opportunity to save the existing row of trees.
The last item is that Lot 1, Block 1 has a lot depth slightly less than the required one
hundred and thirty feet, due in part to location of 1 55th Avenue right-of-way and the
-6-
o
(23)
1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (763) 755-5100
FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US
TO:
Mayor and Councilmembers
pment Director f)/L
John Erar, City Administrator
Will Neumeister, Community De
FROM: Courtney Bednarz, City Plann1&
CC:
SUBJECT: Consider Preliminary Plat/Sophies Manor/I021 Crosstown Blvd.- Planning
DATE: February 17,2004
INTRODUCTION
The Council is asked to review a preliminary plat of 46 urban lots on approximately 34 acres.
o
Anoka County Highway Department
City and ACHD staff met to discuss the proposed project on February lih. The ACHD has elected
to withdraw their previous comments opposing an access to Crosstown Boulevard in light of the
justification provided by the Transportation Plan. Staff is hopeful that a new letter will be available
for the Council meeting. If it is not, staff would advocate not taking action on the plat until the
comments can be presented. The applicant has provided a letter requesting that review of the
project be extended beyond the typical 120 days for a maximum of an additional 60 days. As a
result, the City has until April 7, 2004 to act on the proposal.
DISCUSSION
Access through the property is limited due to the existing streets stubbed at the property line,
location of wetlands and the rail line along the east property line. A single north-south street is
proposed to extend Vale Street NW south from Red Pine Fields and connect with existing l55lh
Avenue at the southwest edge of the project.
Transportation Plan
As indicated in Figures 11 and 22 of the Transportation Plan (attached), a collector street is planned
to extend through the property and all the way south to Andover Boulevard. This route was
identified to relieve congestion at intersections along Hanson Boulevard and Prairie Road and to
allow interior north/south access through developments between these two roadways on an
appropriately designed collector street. Representatives from the City, county and developer
participated in the development of the Transportation Plan.
Potential Future Access
Unfortunately, the developer has designed the plat without the street access to Crosstown Boulevard
called for in the Transportation Plan. Instead a potential future street is sketched through a property
to the southwest that they do not own.
o.
The developer has represented that the access was sketched at its present location at staffs request.
In fact, the developer has sketched an access through adjacent property to align with a previously
submitted sketch of the property to the south. Discussions with staff on this location were
predicated on the fact that the developer was actively pursuing acquisition of the property on which
o
the access was proposed. Staffhas communicated the need for a street connection as a part of the
proposed project since the first plat review in October 2003. It is important to note that the location
sketched on the plat is not the only location that will accommodate development on the property to
the south. It should also be noted that a location further north/east is more appropriate in terms of
county spacing guidelines.
Moving Forward
The neighboring property is for sale, and this plat has been delayed in an attempt to coordinate the
development of both properties. The property owner has offered to donate the land on which the
proposed street could be built. No agreement has been reached at this time.
In light of this situation, staff worked with the developer to identify alternative options for locating
a street connection as a part of this project. The developer has declined to modify the proposal. No
access to Crosstown Boulevard is proposed at this time. As a result, traffic from the proposed
development, and the development to the north resulting from the connection to this development,
will be directed through the existing neighborhood to Avocet Street NW.
Impact on Avocet Street NW
Avocet Street NW is designed as a local street. It is not designed to accommodate the increased
traffic that will result from the proposed development. Sufficient right-of-way does not exist to
expand the roadway to collector street standards. The overall neighborhood design with driveways
and a local street intersection close to Crosstown Boulevard is also not conducive to
accommodating increased traffic. It is important to note that Avocet Street NW is the only access
to Crosstown Boulevard for the neighborhood bounded by Hanson Boulevard, 161 st Avenue NW
o and the rail line (see location map).
Impact on Neighboring Property
The potential future access lies almost totally on the neighboring property to preserve land area for
lots to be achieved by the developer on their property. This orientation is detrimental to the
neighboring property. A cul-de-sac would achieve four lots whereas the developer's proposal
would result in only three lots. Additional land would be lost to right-of-way. Additional street
costs would result. If no other provision is made, the property would be subject to the full cost of
county roadway improvements. The cost ofthese improvements may make development of this
property unfeasible. The developer has stated the potential future access will allow trees to be
saved on their development site. Trees would also need to be cleared from the neighboring property
to provide the developer's sketched roadway.
Temporary Access
One of the options Staff had explored with the applicant is a temporary access to Crosstown
Boulevard to mitigate adverse impacts to the existing neighborhood. Unfortunately, this would not
mitigate any of the adverse effects on the property impacted by the potential future access. The
temporary access would basically throwaway money on a temporary improvement and would
mislead future residents of the proposed development. The Planning Commission opposed a
temporary access and suggested that a permanent access should be constructed as a part of the
proposed development. Given that none was proposed, the Planning Commission recommended
denial ofthe proposed plat.
o
2
o
o
o
Other Options
The owner of the adjacent property has indicated a willingness to donate the land for the proposed
street connection as it is sketched on the plat provided the developer is willing to pay for the
construction of the street.
Alternatively, the access can be relocated to match Figure 22 of the Transportation Plan. This
location was previously reviewed at the time the Transportation Plan was developed to compare
with spacing guidelines used by the Anoka County Highway Departrnent(ACHD).
The ACHD verbally supports this location. This location can be accommodated by the property to
the south when it develops.
In any event both staff and the Planning Commission strongly advocate that a street connection be
made as a part of the current proposal.
If a street connection is not constructed as a part of this proposal, the Council should consider
collecting an appropriate amount to share the cost ofthe intersection improvements in the future.
Access to Collector Streets
Driveways are typically not permitted on collector streets due to increased traffic and increased
speeds on these roadways. Introducing additional turning movements slows traffic and can be
detrimental to traffic safety. Additionally, increased speeds and traffic levels on collector streets
conflict with safe enjoyment offront yards and creating desirable neighborhoods.
Due to the development constraints described above, the property can only develop with driveways
on the north-south/collector street. It should be noted that that Vale Street NW was designated a
collector street because it will carry slightly higher volumes of traffic than a typical local street
when it is fully constructed as shown in Figure 11. Vale Street NW will not carry enough traffic to
be designated a state aid route unlike most other collector streets in Andover. A variance to City
Code 11-3-2 has been included in the attached resolution based on these findings.
Additional Right-of-Way
Thirty feet of additional right-of-way is proposed to be dedicated to Anoka County as a part of the
proposed plat. This exceeds the right-of-way requested by the ACHD by three feet.
Lots
The lots will conform to the R-4 Zoning District and buildability requirements of the City Code
with a few exceptions as follows:
1. The wetland edge will need to be adjusted on Lots 16, 17,18,19, Block 2 to achieve 116.5
feet of buildable area between the front property line and wetland edge. These areas are
indicated on the attached grading plan and will need to be approved by the Coon Creek
Watershed Management Organization before the fmal plat can be approved by the City.
2. Lot 1, Block 1 does not meet the minimum lot depth requirement of 130 feet. The lot may
also be considered a butt lot due to its location between two corner lots. This situation is
caused by the location of existing 155th Avenue NW and the south property line of the
subject property. A variance would be needed to City Code 12-3-4 and City Code 11-3-6 to
allow the lot to be created. Alternatively, the two lots could be combined into one lot facing
3
c
east, with additional width available for the property to the south when it develops. This
would allow the property to the south to achieve four lots. In the event the road location
remains as proposed on the plat, the latter approach is recommended by staff to relieve some
of the adverse impacts caused to the property by the developer's proposal. A condition
needs to be added to the resolution to address this issue.
3. The preliminary plat indicates two proposed outlots, Outlot A along the east side of the rail
line, and Outlot B at the southwest corner of the plat. The outlot to the southwest may be
subdivided in the future at the time Wintergreen Street NW is extended to the south. the
outlot to the east is unbuildable. A condition of approval will require this outlot to be
combined with adjacent property.
Rear Yard Screening Along Crosstown Boulevard
Double frontage lots are shown along Crosstown Boulevard and provide the additional ten feet of
required lot depth, but no screen planting as required by City Code 11-3c6. This requirement has
been applied to plats such as Constance Corners and Foxburgh Crossing that abut county roads (and
where wetlands didn't prohibit rear yard screening). There is an existing row of mature evergreen
trees that can be saved to meet this requirement (see attached aerial photograph).
o
Coordination with other Agencies
The developer and/or owner is responsible to obtain all necessary permits (Minnesota Department
of Natural Resources, U.S. Army Corp of Engineers, Coon Creek Watershed Management
Organization, Minnesota Pollution Control Agency, LGU and any other agency that may have an
interest in the site). Initial contact shall be made with the City Engineering Department regarding
this item.
Other
The developer is also required to meet the following City Ordinances and all applicable ordinances:
City Code Title 11, Subdivision Regulations
City Code Title 12, Zoning Regulations
City Code Title 13, Planning and Development
City Code Title 14, Flood Control
Staff Recommendation
Staff recommends the applicant reach agreement with the property owner to the west to provide a
street connection as a part of the proposed project or that the preliminary plat be redesigned to
provide an access to Crosstown Boulevard as a part of the proposed project.
Planning Commission Recommendation
The Planning Commission unanimously recommended denial of the proposed plat due to the fact
that access was not provided to Crosstown Boulevard as a part of the plat. The Commission was
opposed to a temporary access and suggested that the developer should provide a permanent access
at an appropriate location as a part of the proposed project.
o
ACTION REQUESTED
The Council is asked to review the proposed plat and determine whether to approve, deny or
suspend discussion of the plat pending further information.
4
.0
o
o
Attachments
Resolution
Location Map
Preliminary Plat (full size in packet)
Development Plan (11x17 in packet)
Figure 11 Transportation Plan
Figure 22 Transportation Plan
Sketch of Property to South
Aerial Photograph
Planning Commission Minutes
Cc: Emmerich Development Corporation 1875 Station Parkway NW
5
o
o
o
CITY OF ANDOVER
COUNTYOFANOKA
STATE OF MINNESOTA
RES. NO R
A RESOLUTION APPROVING THE PRELIMINARY PLAT OF "SOPHIE'S MANOR" FOR
EMMERICH DEVELOPMENT CORPORATION ON PROPERTY LOCATED AT 1021
CROSSTOWN BOULEVARD NW (P.I.D. 23-32-24-12-0001) LEGALLY DESCRIBED AS:
That part of the Northwest Quarter of the Northeast Quarter of Section 23, Township 32, Range 24,
Anoka County, Minnesota, except the Burlington Northern Railroad, lying north of Crosstown
Boulevard NW.
AND
That part of the Southwest Quarter ofthe Northeast Quarter of Section 23, Township 32 Range 24,
Anoka County, Minnesota lying North of Crosstown Boulevard NW except the West 250.00 feet of
Said Southwest Quarter of the Northeast Quarter.
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 11-3-2 to allow lots to front on a
collector street, and;
WHEREAS, the City Council finds that the special circumstances for the proposed variance are
The existence of wetlands, surrounding development and a rail line which preclude any other
roadway design that conforms with City Code 11-3-2 and that Vale Street NW will not carry
enough traffic to be designated a state aid route unlike most other collector streets in Andover.
WHEREAS, the applicant has requested a variance to City Code 11-3-2 to allow lots to front on a
collector street, and;
WHEREAS, the City Council finds:
Option A:
The special circumstances for the proposed variance are the location of existing 155th
Avenue NW and the south property line of the subject property.
Option B:
Lots 1 and 2, Block 1 shall be combined into one lot facing Wintergreen Street NW
(to be renamed Xeon Street NW) and a minimum of 15 feet along the south edge of
the property shall be combined with property to the south to allow the property to the
south to recover a lot that would otherwise be lost due to the proposed street
alignment.
6
o
o
o
WHEREAS, as a result of such public hearing, the Planning and Commission recommended to the
City Council the denial of the plat due to the fact that access was not provided to Crosstown
Boulevard as a part of the plat.
WHEREAS, the developer has/has not modified the proposal to provide access to Crosstown
Boulevard as a part of the proposed plat, and;
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover has
received the recommendation of the Planning Commission and approves the preliminary plat with
the following conditions:
1. The preliminary plat shall be revised as follows:
a. As required by the Coon Creek Watershed management Organization prior to final plat
approval.
b. Lot 1, Block 1 shall be removed from the plat unless findings are made as indicated in
the staff report.
c. Outlot A shall be eliminated by being combined with the adjacent residential property.
d. Wintergreen Street NW shall be renamed Xeon Street NW.
2. The preliminary plat shall otherwise conform to the plat drawing stamped received by the
City of Andover February 11,2004.
3. The developer obtains all necessary permits from the Coon Creek Watershed District, DNR,
Corps of Engineers, LGU, MPCA, Anoka County Highway Department and any other
agency that may be interested in the site.
4. Contingent upon the approval of the Rezoning of the property to R-4 Single Family Urban
Residential. If this request fails to be approved, the preliminary plat shall be considered null
and void.
5. Park dedication and trail fees shall be paid on a per lot basis at the rate in effect at the time
of preliminary plat approval.
6. A variance to City Code 11-3-2 is granted to allow lots to front on a collector street.
7. In the event that a n access is not constructed as a part ofthis development, the developer
shall be required to pay an appropriate share of the future intersection improvements as
determined by the developer, City and county.
8. Contingent upon staff review and approval for compliance with City ordinances, policies
and guidelines.
9. 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 typical
subdivision improvements will be completed.
Adopted by the City Council of the City of Andover this _ th day of
,2004.
CITY OF ANDOVER
ATTEST:
Victoria V olk, City Clerk
Michael R. Gamache, Mayor
7
o
Regular Andover Planning and Zoning Commission Meeting
Minutes - January 27, 2004
Page 2
t times and conditions have changed due to the fact that properties to the north and
west ye developed at urban densities and municipal utilities are now available to serve
the subjec roperty. Staff recommends approval of the proposed rezoning.
d items 3 and 4 with the Planning Commission.
Motion by Greenwald, seco ed by Casey, to open the public hearing at 7:27 p.m.
Motion carried on a 7-ayes, O-na O-absent vote.
Public input is discussed in the next item.
public hearing at 7:45 p.m. Motion
Motion by Gamache, seconded by Casey, to close
carried on a 7-ayes, O-nays, O-absent vote.
Motion by Greenwald seconded by Gamache, to recommend to City Council
approval of the rezoning request based on the fact that times and con
changed. Motion carried on a 7-ayes, O-nays, O-absent vote.
Mr. Bednarz stated that this item would be before the Council at the February 17,
City Council meeting.
o ~ PUBLIC HEARING: PRELIMINARY PLAT OF SOPHIE'S MANOR, A SINGLE
FAMILY URBAN RESIDENTIAL DEVELOPMENT LOCATED AT 1021
CROSSTOWN BOULEVARD NW.
Mr. Bednarz explained the Planning Commission is asked to review a preliminary plat of
46 urban lots on approximately 34 acres.
Mr. Bednarz discussed the staff report with the Commission.
Mr. Bednarz stated staff is recommending a temporary access onto Crosstown Boulevard.
He stated they received comments from the County Highway Department and they are
not in favor of a new access to Crosstown Boulevard. He stated the city staff will
continue to discuss this with the County.
Mr. Bednarz stated there are also a couple of outlots on the plat and staff is asking that
one be combined with adjacent property and the other be preserved for future
development.
o
Mr. Bednarz stated there were two other items. One being an existing row of evergreen
trees along Crosstown Boulevard. The City requires an extra ten feet of lot depth for
screening from the roadways. There is an opportunity to save the existing row of trees.
The last item is that Lot 1, Block 1 has a lot depth slightly less than the required one
hundred and thirty feet, due in part to location of l55th Avenue right-of-way and the
-It;' -
o
Regular Andover Planning and Zoning Commission Meeting
Minutes - January 27, 2004
Page 3
south property line of the development. If Lot 1, Block 1 is to be developed, it will need
a variance to lot depth.
Mr. Bednarz stated if a permanent or temporary access would not be a condition of
approval as part of this plat then staff would not recommend this being approved because
it would be a conflict with the city's transportation plan.
Commissioner Kirchoff asked what the property, not part of this proposal is zoned right
now. Mr. Bednarz stated it was zoned R-l.
Mr. Bednarz summarized the letter from the County Highway Department with the
Commission.
Commissioner Gamache stated the letter from the County stated lots 5, 6, 7,8 & 9 in
block 3, wouldn't this access be too close to the Railroad tracks. Mr. Bednarz stated one
of the things in the County letter is the distance for people to respond to something that is
happening on the road in time from the rail road track and they are calling that out as five
hundred feet and lot 5 would be about 660 feet and should be adequate distance there and
there would also be about a quarter mile between that access and Avocet Street over to
the south and west.
o
Commissioner Greenwald asked what temporary meant in a situation like that. Mr.
Bednarz stated it would remain until another access would be developed. Commissioner
Gamache asked what would become of the temporary access. Mr. Bednarz stated the
street could be removed and the street easement would be vacated and they could recover
a lot. Commissioner Greenwald stated if they looked at the project location map, it was
pretty obvious that the City was thinking those two roads would connect and that there
would be some kind of access other than Avocet. Mr. Bednarz agreed.
Commissioner Kirchoff asked if they have talked about closing Avocet because it is not
up to the design they would need for access. Mr. Bednarz stated he would not
characterize that it is under designed for what it is intended for because it was designed
for local street access. He stated they will need multiple connections that serve the south
end of the development.
Commissioner Greenwald asked once the property next to this is developed, will the
temporary road be closed. Mr. Bednarz stated they could put a condition on this property
that this would have to occur.
o
Commissioner Jasper asked why they should build a temporary road when they could
move the road west and make it a permanent road, why wait for the possibility ofthe
piece to the south to develop later. Mr. Bednarz stated it is something they could look at
but where they move it to is an important consideration. He showed on the map the
location of an existing house and a wetland on the south side of Crosstown Blvd.
-/6-
Regular Andover Planning and Zoning Commission Meeting
Minutes - January 27, 2004
Page 4
o
Commissioner Jasper stated this is a collector road and all of the lots will have driveways
facing the road and wondered if this was contrary to the development standards. Mr.
Bednarz stated there would need to be a variance to allow lots to front on a collector
street.
Commissioner Jasper stated Wintergreen as proposed on the plat, ifit went south to the
area that is not part of this development, would it require the removal of the existing
structure and garage on the other property. Mr. Bednarz stated the garage would not
meet the setback requirements but the house would.
Commissioner Kirchoff stated looking at Wintergreen; he wondered why it was proposed
to come up to Crosstown but not at a right angle, is it because ofthe house. Mr. Mike
Quigley, representing the development company, stated the road was designed
specifically for the spot to correspond with the property directly to the south. The County
is not recommending any access to Crosstown. He stated a temporary road is costly and
the County is not in favor of this and they have designed this plat at the request of staff to
save the trees along Crosstown because there are large mature pine trees there and the
drainage is designed to keep all of the trees. He stated all the trees on lot 5 will need to
be clear cut and most of the trees on lots 4 and 6 would need to be removed for site lines
if the temporary road were installed.
o
Motion by Greenwald, seconded by Gamache, to open the public hearing at 7:27 p.m.
Motion carried on a 7-ayes, O-nays, O-absent vote.
Ms. Linda Price, 15661 Yellow Pine, stated her property is adjacent to the proposed
zoning change and she had two concerns. The first was ifthere was an access street from
Crosstown into the section, which would make their subdivision a thru street for people
trying to beat the train. Once the street is put in, people will try to cut through if they see
the train. She foresees people using this as a thru street. Her second concern is having
houses built on railroad tracks and how this will affect the market value. Mr. Bednarz
explained the transportation plan to the residents.
Mr. Doug Box, 15675 Yellow Pine, stated his backyard backs up to the wetlands. His
concern is if they are planning on filling in a substantial amount of wetlands, he is
concerned with his backyard flooding. He has fears that if they fill in any part of the
wetlands, it will raise the water level and flood his property. Mr. Bednarz stated his lot
was designed to accommodate two one hundred year floods and he did not see there
being a problem with flooding. He stated it would not be uncommon for water to back up
into the yard where there is a drainage and utility easement on the back part of his yard.
Mr. Box stated his concern is within the last hundred years, the wetland has not been
filled in. Mr. Quigley stated along the lots that shows some fill, there is minimal amount
offill. Behind the lots will be a substantial storm water pond for the water to go to.
o
Mr. Pear Mulberg, 244 173rd Avenue NW, asked what is the process that would happen
from here on that would determine what the County will allow. Chairperson Daninger
-17-
o
Regular Andover Planning and Zoning Commission Meeting
Minutes - January 27, 2004
Page 5
stated .they take recommendations from the County as well as trying to work with the
County and they look at the plat as a whole and try to look at angles and speeds ofthe
street and how it benefits everyone.
Commissioner Jasper asked what happens if the Commission recommends the temporary
access and the County does not want it. Mr. Bednarz stated the City has plat authority,
the County has the ability to review the plats and comment but the City has the ability to
approve the plat.
Mr. Joe LeGuard, asked what Mr. Bednarz meant by routing traffic around the rail road
tracks. Mr. Bednarz stated ifthere is an access to Crosstown Boulevard as part of this
development, the local transportation network is improved.
Motion by Gamache, seconded by Casey, to close the public hearing at 7:45 p.m. Motion
carried on a 7-ayes, O-nays, O-absent vote.
Commissioner Casey asked if the property owner where the proposed Wintergreen would
go through was at the meeting. Mr. Bednarz stated the owner is in Florida for the winter
and he did speak to him last week. He stated the property is for sale but they were not
able to come to terms with the developer.
o
Chairperson Daninger asked what the homes values will be. Mr. Quigley stated the value
of the homes will be equivalent to the homes in the area. Mr. Quigley showed on the
map where the pond will be in the development and stated it was designed to back two
hundred year events and will be dry most of the time.
Commissioner Greenwald stated he would not be in favor of this if they had to put in a
temporary road because he does not want to see all the trees destroyed. Commissioner
Gamache agreed and stated if the property next to this is for sale, he suggested the
developer come to terms with the property owner and purchase the property and make the
permanent connection.
Commissioner Greenwald stated that under the conditions of this preliminary plat, he
would not vote for it right now until he had further explanation on how they are going to
do that connection to Crosstown. He stated that there is no question that people north of
there will be using that in coming out onto Crosstown.
o
Chairperson Daninger stated the County is recommending no access. Commissioner
Kirchoff stated he could understand their reasons for not wanting access but this is an
area they have identified that will want a collector street and the street needs to continue
past Crosstown and the County does not have any plans at the present time to upgrade
Crosstown. He would hate to see a temporary go in and he thought they could make a
deal with the proposed connection on Wintergreen. He stated he supported a connection
to Crosstown but he did not want a temporary street.
-/!-
o
Regular Andover Planning and Zoning Commission Meeting
Minutes - January 27, 2004
Page 6
Commissioner Greenwald stated they need to have a detailed comprehensive plan that is
well thought out so they do not get into this situation.
Discussion ensued in regards to the proposed temporary road connection.
Chairperson Daninger asked how everyone felt about driveways on collector streets.
Commissioner Gamache stated there is nothing they could do unless they do not develop
the land. Commissioner Kirchoff stated he did not think it was too severe to put
driveways on this arterial street. He stated they have had to do this on a few
developments when no other options exist.
Commissioner Casey stated they are only stuck with two options. Either give up lot five
as a permanent and cutting out the trees or going to the other piece of property probably
at a higher price. He stated they have to have access to Crosstown.
Commissioner Jasper stated if this is redone, it seems that the road could on the northern
part ofthis development, be run along the wetland edge with cul-de-sac's off and get
nearly as many lots if they put the road along the wetland edge and put cul-de-sac's off to
the west but they will still have on the south side of this ten or twelve lots that have to
front the collector street so it does not solve the collector street problem.
o
Commissioner Greenwald thought they should all agree there should be an access but he
needs a more definitive information and he would like to either table this or deny this.
He would be more prone to table this until they could get more information.
Chairperson Daninger stated they did not have enough information to approve this but he
wondered if they should table this or deny it. He thought they should move this forward
to the City Council with a recommendation because the only things they have problems
with are the road going through and the street as a collector.
Commissioner Jasper stated if Wintergreen is not put where the developer wants it, the
land will be landlocked. That creates a problem for the owner at 1155 and complicates
this.
Commissioner Greenwald stated they could make a motion for approval with the
condition for access onto Crosstown Boulevard or they could make a motion to not
approve it until there is more information because he would like more of a straight
answer as to where the road will be.
Commissioner Vatne stated his vote will be to deny because he thinks that getting this
straightened out where the road will be is too significant to have in front of them and to
approve with a condition. He thought it needed to be ironed out first.
o
-N-
Regular Andover Planning and Zoning Commission Meeting
Minutes - January 27, 2004
Page 6
o
Commissioner Greenwald stated they need to have a detailed comprehensive plan that is
well thought out so they do not get into this situation.
Discussion ensued in regards to the proposed temporary road connection.
Chairperson Daninger asked how everyone felt about driveways on collector streets.
Commissioner Gamache stated there is nothing they could do unless they do not develop
the land. Commissioner Kirchoff stated he did not think it was too severe to put
driveways on this arterial street. He stated they have had to do this on a few
developments when no other options exist.
Commissioner Casey stated they are only stuck with two options. Either give up lot five
as a permanent and cutting out the trees or going to the other piece of property probably
at a higher price. He stated they have to have access to Crosstown.
Commissioner Jasper stated if this is redone, it seems that the road could on the northern
part of this development, be run along the wetland edge with cul-de-sac's off and get
nearly as many lots if they put the road along the wetland edge and put cul-de-sac's off to
the west but they will still have on the south side of this ten or twelve lots that have to
front the collector street so it does not solve the collector street problem.
o
Commissioner Greenwald thought they should all agree there should be an access but he
needs a more definitive information and he would like to either table this or deny this.
He would be more prone to table this until they could get more information.
Chairperson Daninger stated they did not have enough information to approve this but he
wondered if they should table this or deny it. He thought they should move this forward
to the City Council with a recommendation because the only things they have problems
with are the road going through and the street as a collector.
Commissioner Jasper stated if Wintergreen is not put where the developer wants it, the
land will be landlocked. That creates a problem for the owner at 1155 and complicates
this.
Commissioner Greenwald stated they could make a motion for approval with the
condition for access onto Crosstown Boulevard or they could make a motion to not
approve it until there is more information because he would like more of a straight
answer as to where the road will be. '
Commissioner Vatne stated his vote will be to deny because he thinks that getting this
straightened out where the road will be is too significant to have in front of them and to
approve with a condition. He thought it needed to be ironed out first.
o
-2.0-
Sophie's Manor
o
.
I :
161ST AVE
\,~.I ,~\~ i
'"", \]~~Tfr ~
I~ ~.;' i i ! . .\-;=-::
I~ "E"~~
,- ... -'.1$t11_
111M2 I"~ 1~~-:;;;
115i727 ~ I 1$11111 ~ 151l1. -;;;
11;;;-1 ~ ,_ 1_ 15M F
,-- ~
"""" 1!ll15111S54~
1584C 1_1S1:1 ~
=~~
1 alilliijli!ii~ ~ ~
~I~ ~ ~[~ ..19t2 ~ ~
1,1 ~lnlnHnl~
I~'!~ ! i ~ i G i ~~
1, ~~ \i i\Hlr~~
r~___ ~~
.p ~ ~~ ~
~ \<SI'1~ /!!!!!
1,,",' ...61\" 1~')--iS
~..~ fa
,,~ t&f
~" .. .. ..
, I, ~
, /If;
'"
o
- .
- ~
;; IU 1_ '\ .,. ,-
=-->~ "" '.. .. \ iJ
~ ' " "J:. ' ~~
,~ ,'" I C"" " '<0 -
~ 1ZS4h~'--;;"4( :II'.P~ ~
1S1ll 151111 Iii 1Sll'i..... ....,.,. = ;-
1_1_1 1-ii!i~,o. ..~
_ ~~ 1_ ~ " ~'
.-- j .. ~
'=- '-r!- ~ ..
~ CT ,- ~~~ ,_ '_!! -
1_ ~ ~
~ ~~~ .;;;: ~ <~/ /). i/~~~
~~1~1_ ,- ,'-' "/>-.t\\.. ~~
I ~ ; ,- ,- ... (,'1: ~'\.\ ~...,
-=-~~~ ~~"'I~'7--.~\:j\
~ 15W~ ~ ~ L~ ~
,- ~~~~~:;~ rnJ
~ , .P ~Y~1 .
'!!! \, I '...~ ,",,,"
~ '~\J'"-,, iil~ \Slit
~0-..- -........... ~.. ~
;'<~/,~ ....1~ Ulll "mto ,_
,""~ ,'-bm ~I ~15/ 8 ~~I~\ \S^ '....
, V';;h ~ "-.j' q\~''1 '~
"lf~fh~'" ~..~
JiJm~11 , ~ -.:-~..."
IE I if;:r' I \(f!r~
1~0~. ,...
l~e~~! ~~. in g 1,,;; , .~,~~~ ju H ~J!.t, ~
.. . .s- . it ~ ~ ~ 1\ "/.. ... 155THJ,!L-
1~~!!"'!'R.fUl ,~~ \-'C.~e~ ~~ ,...
SItlI OJ ~......."';:: 1~ ~-l-l5M$t59Cffi~ ._~ 1M13
;;- i" ~~$. M31 ~~c=::~8~~~~
I~ :1$ "$~ ~t$$M~1='''~~>1<<hJL.!S514<r=11_liij_
IloCl'~ .. #. .. ~"":=WI~ MOlI<(~r-:jl_r--W
1_:_.... #. "'.f. "~ 1~~ 3~'.J:1a ~~N~~~~
,,.. . ~ ;'J'/~"~~'''. ,,,,"' ,~<;:-~~~
,""-.I. #... ~/.l $$" $ '" ~ ~ ~ ~ u,q. ~ 15C1111 ....4>
.~.# "".!,,,, '~'(>~'1\.& ~'1.ft<> ,<10 ~~~
... " ',p,.!, .~ ,,"~ "-",,
. -",p, #.. ;'.\\ f!.i!!. ''''~
- -...J',p, ,p,"",i!!. ~ ~
_ -" ~ '(<,.'" .""
Iii 154THAVE .p. ... ...~~:\. ':i:\
I~g'" H n ! ,,?;.' ~~ ~
'~! · · & U.,;~ "~ i
~ '..nn i'f... ">
Eln H n *\- h"'- ,-
,#
,'"
,,'" ~'"
. "" $" ,;
'... '..~. , "'~, ~
I?A'::, ~"# ~ ~ ~,,~k~'~'~~.:':":':"", ~
,,<<'. ~ <tf} ..0; ....... #
..11'.... "~..#t>...\ ....$!.~4>. ..;~\ '"
\ ',~:,~ "'~ ,.,;:,.;i; #': ~:~ '::" ,., .,; ,-$J'-
.p '01: i \.\~ ,fl." oj"'" ~..ij
..:....~1-- Vo % ..,-,'/11 \f/><:/>"'o' li.ihY
o
Project Location Map
-9 ---
I
I Jj!
. I I
.
!
~lI07 1<.. 1 C
. . .
:;2 ~ I.. "0(...
60THLN ;;;;,
1_ ~
16018 ~
- ~~
I ~~~
-;-~
'...
~t
I ,.J--\ '--~_
1592a~~
,.. \
!!li
I
~;~.
,<i'
i
,~.
,..
,... ,..
,...
. I ! i ,-
,.~
,=
'.m ~ 1 ,.m I
I- flD I- $10
"m </JI--- <IJ_
~ 8 15743 ~
~ ~ ~-=- ~ n. ~
15110 > ".
~~0 ,.
I \~ ,- ~
''> I I
______....~:11S
'" ,~
-
/ '" ~ ,-
f.- ~
~ ,=
I ,... ~-
~ "'"
"r- ,- -
~I m M ,-
154lHLN
~ /- ~ ,-
,- \ \
,~
,- ~\ ,...
w~,
s
Andover Planning
SOPHIE'(
A..
PRELIM}
F
AJE COMP
"11
-lTT
/ I /
;;/ <:;
m
..
,
'"
~~~
}
tl
.
.
,
~
re
~
.
~
;
~
,
"" I
sc.u: IN
FEET
-r-
/
"
j
I
"/
>"~{::_.,:/,/ i,
: t ~W.
\, .\\\\
\ :.
" ,'1',
\ \";.'>.
~ ' , ;,~--:;<:-:'::-::~..:
'-, \\~~\t';ft:P':c::-';,~'- '"
.--- t-f~-', ,".....~L ~::~-',-.~,:'::;<.1
/ t~~~:~-~-- .
/..l
..r'.L
'~
//
GRADING,
SOPHIEj~
DRAINAGE &
.",/
.!
....r.
//......'\:<J~ \'
\'" .
'\
"J '
',.\:'" ...
AJE
F
CO}ltfF
i \' ;
, I
,~<<"
1 , :1
\1 i ,1 i I
I ,fl', ,'~; i \
I I:! :5:: ,~:
;\j1li~li/\1 i'-'.~"
\\ !!i!i:NI:~'(~~?-
)l/:ii:!ii\1 ') "'-"
: :! ~~ 1\[ :: ,
:11,:,:1\, r'
: :::'81:i ,: !"
'I"r.:r,': I
1 ;:~~: \'\ l
;!J.~i:O\f\' :
: :!: ~ i : : I
,1,\...;::" l
; ~ir~~:' t '.
!I:'I'~ii <-I,
{i!~H 5' "
):j!li~il(~, "-":::':,,',',"":
o' ~i z:!i : '
.l, ',!l,
iI:1Z::!\
E!:;oi\:
j' l'~~::',
'<f~/illql:\
q"z..!~6Jl
" ~ii!ii;'\ \,
(:~, ~~r~!(':>\
~ I,.,~,I,,,,,, ,,/
\-tlf. ::!$.i:1 ::u ", '.\ ..-/
:~~ii !1;!: rr .J~2-'
, , '~, :,: 'I :)<,/" ,/ /'
\~ ~: j ,,</:',)",' ./
~~: :1 ",>,:"/y/
, ;::i >1 I
/...tf ' I
../ /-x.~ 'I:
. , /,',"'" 1
.. ">..:;:>< I ;; ;1 \
-- .- ',' / '-;";;;".','-1" ) ,
/. ":~~;;;;4:: 'c~o .~~ I 'j I \
.' . ~/ '/ l(wl=~9a.s~Y) - I
.~?"~.>::;)~"ci;_J~;:mf::>/ '
~_' / /" "/ " : I
./ _(~'<"1 / ,.,--~...
j /:-<~~~f;;(~ \-~-L- .. ----~ --
.'~c-::' . ~~~".1 r...~ : '
)(" ~:~'~~i~~% \ ~ ~ \\ <
:(('.::::\!V\(O\ \,__ "'" -f-
c" ,'c' 5{.; ..~"'"'".-,,,.-,,' -, " V
})9/it; {1 ·
>-:_-~.. .' 1,
,
--!--
----I
,,/'
i
/1
/
i
"
I
-c~~(;{;;' 7:,:'
\\ \""
'--\'.,
~~~i~b~':~(\"
'Cl0Y!I"'Sg:s.':i'l...
Hi ClM ~NOW '
loll t1 "egs.~'
w
.
~
.
!
!
I
C RAPHIC SCALE
/ //
-/() -
~
~
;:J
.g
~
o~
c
~
......
Cj
~
o
'.t::
.E
~ ~
o \j
~~
~
Cj
~
p
"i ~ . .. ~
~.a .1 · I :~ Q)
~t:S. .~~'g
<t oil I I" i3> ..
ir! &: <::; ~
1 ~~ III DDl
.~ :t'li 'S
tl Jlo ..~
- ~ !;; ~"
g ] ~ a'~
.il <i<l o~'~~
g Ol: "t ~ ~t:S
-" "" " Q iil'
~ 1:: t: a:: ~l'i)
-;':-;':.. >>.
~ ~~ ~
-':'ll8
'-
~~
.0 rJ)
.t:: r-~ CV)
\:J '" J. C\J "'"t
~ ~ 0 "'"t
r? 0 C\J ~
""""I'.t:: I S
"'Cj \j ~ .~
~\:Jo k;
~!-5C\J
~~
~D
.
il'
Ii
i
&:g
~.~
hUI U
~~t .~ *
.0
".
o
~
~
J;
\J\\\\,.'~. r };3 \- ~ (, ~
I ,\\'\\'(1 -; II. -1 ~ ~Vl*H :~ ,. r
~ ~ ~l l I ~c- \~ ,--
< ~ ~ I r- ~; I
~~ r v,,~ r-h-LD :~ ~s ~ ~~
i"!! " -" 8 I '-I ---"'" el,1\elo" J~) f1t;' , ~
~!:?-._ f<-~-~~~~ _ MN 'u "~':lM N\Nl~ LJ y ~ ,J/ , '
h - - ._-~._.~-'~._~.-_..~:"" ~.Jj
... ~~'7..._.[....._~~-"[:~'t1rJ1u1'-
.... 'C. ~ I 01- f;p- c;:
~ lii , I ~ MNP^18U sueH rrSl- .' -... ,
~.~ 3::: ;;,- I-.- · f.--.--r .. - - - [:1::::>' --:::
. ' .. I ~I I f.- - -
* ~. i:.r/!?-J1 I ~8-' ~ -1: - ~ J& ~rN\l. (~;~
~f, I -"W ~ . I ~ -t ~ ~ : ~ /- ~~ V-~"9 ~~t\ ti1
? ell '-f I '- ...... ;; IQ ~
, !--- ~ ~ -, ..----..,----. -"'-. fr;:- -f\S..l.(
~ ~ ... I -0 l-~ ;; 'g! _(Il~~-
\ _,-_ ~; I 0 ~- M
I ~ ~ -,-l~ "-J I ~ I.. /; L I ~ ~ ~ n I r /1 ~ ~l ra~ :) ~
- <! I .J- !-J . I : DY ~ a. ~. .. .,.' .
.r J TI':L t ~ f-'~~18 ~e I~~~ ~).' ) ]fL I~ ~
~: ~".L r - <' ~ f-L \' ]~""<... Jf~ h- ~ 1-1 ~"Ii}
r ~~ 'I 1 I J ~d!lnl: j rJ~) I. ^r . ,y." 1" 0< / I ~
," ."1 ,. \ \....... IV'I'U .. - J f-- r-- r;-L.,,,,, ) I -'-l.~
'/.00.0. :~? l' '~lt~, [J.h- ,~~ l(n{~ ~~
,J/ !lJ}/" t'- 1-. \ \ - ,}TP ~ o~ ~
i i irCr t~ ~ I I ~~ crl[~ ' ;2 : ~ ~n 41L I'
~\F' ~Jj:~o lo~1 j~ 'S~ IIIj t-..fWP\,;,lt: - ~'
tE Ie- ~-.J ;......~~-~ I)). ~ ~ ') / 'i'-r:::::
~ t; rv- ~'s-:mlU~)r~' .~~.' ').J0" '"
2z ....l -. '~t- ''il''''- '..("- ~
~!I'-~' ~., CJ.l.. ~ ~.!r-' ~yl~~. !~ "T-! o~
--;- 1'1<;:: - . S3i\\\~13\\Cr:--- ~ ~~~ I, ; tij (\ _ ~
1m
I-::t
~1-
ww.
III
f--I
-II~
o
o
o
-/2.-
0....
0::: a.
:;;w
wU
...JZ
::::>0
OU
co....
zZ
W
NS~
NOW
W....>
o:::(J}O
::::>(J}o:::
(DO a.
J-fU 0::: ~
u.. J-f
I 0
N ;
j ~
o oesm~
o ......l!!
~ Q)~.~ :;:
U) c::;:: C,) ~
~~~~:
CO ex: q:: q:: ~
~=~i
. 0
o
o
,
"
j I': '
~ ~
ti'\ ! / .......;( .,'-ow...,
~l I /", J
______; -z } /
7- j~' ,"'! /
I /"> ,,/ /
, ' '\
/I' ,,'" "'" /
/! /A....""/
" /
4)
<<-t;j~
f7 ~,i' -116
,!.-( , ~ "x.-- ~
/.J,q,fJJ .~~' /
, \ .~,"" /
f)~ ' ,
//
/' /11'
VL 10~:2i<E~-W
J /v1vij ~SO"-.J i
/, '!i/'i Cbl;'~
, I,,' OF
I /,/,n,,_
! lill~.$STI)N
Ii j i 1 gLv"D
I,' i \
\1 '~f~l B
11"11 ;:
I \ \ l
I i I i
I Ii jll
---< , I:
"j III d.
'j' "II, Ii;.
l I! If
I 'i i ! I ,r
, ;, i II~ ,
: : II' ",'
I ; I ' ','
I ; I I '
I ." l 1 :~
1 '! i! t I :.:
l"I"'r"
, ' I.
Ii, J ~i
I II ! I b
I '
---I
,
i
i
i
I
----..1
V
/~
/
:/.,".~a~
/,,6''0
,/ Gf.Y
i
j-
I
!
I
i
~
Ii i ! il
r j I ~- ~
J! t ~ ;:;.)'~.\
i ,Iii;' :~~
:-r--,. i'~. (J)
~ r ( G g-
<.rl" I ' ,,,
~ il/r [. ~
~ lii!1 ~
f-!.- ' I
~ilil;
i.,..,~' I
fC I, !
! ,I, I
! I:
1~111 i
~~,~i ~
('1 j;1! ,}
Iz~!i-ill r
, 'I,ll I ~
--; i fii I (
'-.J! ~i {i
,5i,~I, ~
1m! ,F!!i
i I~' I ,:
ill
I' !
i III ;
, !
I, I,
i I:! i
I 'I i I j
Ii, I i ~
i C-,rn~:3:~~
p.
: i r
i '
! i
! i
; E~: I II
1 ;~
I i~; j
!'..
:<.)J
i <<~~.-
"'---L I iH --
_J I;:;
-, -0b L--
~-:' ,- .'
i :!
i : ;
I v i
1 i
i
,,~.,. !
Q',;;
<;:'l.~ i
~"Q(
\
)....--
i
.,---i
I
/1-
L
/- '"
j'"
---(
/.....--...
/
- li--
,~ .l
.,
, 0
I
I
,
I
,
I
,
I
I
r
,
,
I
.
,. ..... .1
I
I
.. -. -- .... -. - ~" ........ -. -- ~~. ....... -- ..-
i
~
,
1
I
I
I
I
I
,
~
.
i
t
'-
.....
"
t,
"
~..
~...
.......
.,..
"'-
~
o
,
,
"
, ,
'- $I
, I\t
......
o
~NDbVE~
@
o
1685 CROSSTOWN BOULEVARD N,W, . ANDOVER, MINNESOTA 55304 . (763) 755-5100
FAX (763) 755-8923 . WWW,CI.ANDOVER,MN,US
TO:
Mayor and councilmembe;?R
John Erar, City Administrator
Will Neumeister, Community lopment Director tufv.-.
CC:
FROM: Andy Cross, Associate Planner Apt;-
SUBJECT: Consider Residential Sketch Plan/13309 Jay Street - Planning
DATE: February 17,2004
INTRODUCTION
The City Council is asked to review a sketch plan for a 4-lot residential subdivision.
o
DISCUSSION
Conformance with Local and Regional Plans and Ordinances
1. The proposed site is designated Urban Residential Low Density in the Comprehensive
Plan. The proposed subdivision would have a density 3units per acre, which complies
with the Comprehensive Plan.
2. The property is currently zoned Single Family Urban Residential (R-4).
3. The property is located inside the Metropolitan Urban Service Area (MUSA), Municipal
sewer and water are available to serve the property.
Access to City Streets
The current sketch plan shows lots fronting on 133rd Avenue. 133rd Ave is considered a collector
street, which means it carries at least 1,000 daily automobile trips. The City Code prohibits the
development of residential lots that front onto collector streets. This sketch plan will therefore
require a variance from Chapter 11-3-2(C) of the City Code if it is to move forward.
The ordinance that prohibits residential lots from fronting on collector streets is in place to
address public safety concerns relating to cars slowing or backing out into heavily-traveled
rights-of-way. Slowing down for a turn can disrupt traffic, just as backing out into moving
traffic can present a hazard. Additionally, increased speeds and traffic levels on collector streets
conflict with safe enjoyment offront yards and creating desirable neighborhoods.
The applicant has offered several reasons why he should be granted a variance:
o
1. The applicant's existing driveway is in an unsafe location at the intersection and moving
it to face 133rd Ave would be an improvement over the current situation.
2. There is a broad shoulder along 133rd Avenue that would accommodate traffic that may
be slowing to turn into the proposed driveways without impeding the flow of traffic,
3, The applicant has indicated a willingness to include turnarounds in the driveway plans
for the new lots so that cars would not have to back out onto 133rd Ave from these lots,
o
4. The City of Coon Rapids has permitted driveways to front onto the south side of 133rd
Avenue across from the applicant's property,
The applicant has expressed a willingness to limit the number of driveways onto 133rd Avenue
by combining the driveways of the two eastern properties of the proposed development This
option, together with a driveway leading to the existing house, would create only two new outlets
onto the collector street See the attached sketch for an illustration. This "combined driveway"
serving the two easternmost properties will require a variance to Chapter 12-14-10-3-f, which
mandates that driveways must be set back five feet from sideyard property lines in residential
neighborhoods.
Both the City's Building and Engineering Departments have indicated that they would not
support a variance that would allow this project to place any driveways onto 133rd Avenue.
Site Design
o
There is currently a 100-foot wide drainage easement on the applicant's property. He has
applied for a Vacation of Easement, but the City Engineers from both Andover and Coon Rapids
have indicated they would not support granting it The reason is that the adjacent pond's 100-
year flood level encroaches onto the applicant's property and vacating the entire easement that
protects this 100-year flood level would disrupt the drainage plan for the area. The Engineering
Department has indicated that there are other options for developing the property while taking
the drainage easement and stormwater retention pond into account. These options would require
that the applicant expand the pond to compensate for any floodplain that is built upon.
Calculations must also be provided which demonstrate how the stormwater capacity consumed
by development on the floodplain is replaced by expansion of the stormwater retention pond. An
application for any easement that would need to be vacated or modified would accompany the
subdivision's preliminary plat.
The comer lot on the east end of the subdivision is not wide enough. Comer lots that are not
back-to-back with another comer lot are required to have a width of at least 100 feet. The
applicant has agreed to modify his plan to allow for this.
133rd Avenue curves slightly to the south directly below the applicant's property. The sliver of
land that is created between the applicant's property and 133r Avenue belongs to the City of
Coon Rapids. Refer to the attached graphic showing this piece of land. The City Engineer of
Coon Rapids has indicated to the applicant that Coon Rapids will not convey the piece of land
until they are sure that Andover will allow the subdivision to proceed and permit access to 133rd
Avenue.
The applicant will have to indicate how he plans to get utility services to the new lots, The sewer
and water lines along 133rd Avenue are owned by the City of Coon Rapids, so the applicant will
be required to get written proof from Coon Rapids that he is able to connect to those sewer stubs,
Please reference Engineering Comments 14 & 15 for more information. Staff will work with the
City of Coon Rapids to produce a Joint Power Agreement for this property.
o
o
o
o
Natural Resources
There are some desirable mature northern pin oak, bur oak, silver maple, and other trees on the
property. The applicant is encouraged to preserve as many of these trees as possible. A Tree
Protection Plan will eventually be needed. It can be submitted independently or included on the
Grading, Drainage, and Erosion Control Plan.
Planning Commission Recommendation
The Planning Commissioners were split as to whether or not the City should allow driveways
onto 133rd Avenue. Please refer to the Planning Commission Minutes for more information.
ACTION REQUESTED
The City Council is asked specifically to comment on the proposed driveways onto 133rd Avenue
and informally advise the applicant on adjustments to the proposed project to conform with local
ordinances and review criteria.
Respectfully submitted,
,~ r;;;;;
~d;Z~
Cc: Ernest Rousseau, 13309 Jay St NW, Andover, MN 55304
Attachments
Location Map /
Sketch Plan ,/
Engineering Comments /
Map Showing Sliver of Coon Rapids' Land ,/
Map Illustrating "Combined Driveway" Proposal /
Existing Pond Design Map /
Planning Commission MinutesJ
z~
,!!l
'0
C
t1l
>0
0)
C:
::I
III
o g
a.::::;
t1l t1l
EE:
'00
~E
(0)
0""
~::
>00
=c
~8
., t1l
-0
t1l<;:
......t::
00)
c>
.~ 0
--
-'0
ni2
m:i
'Ol!!
'00
CO
t1l .,
Ill.o
'E'O
8"'5
~~
g:
.0>
::10
0..0
~ t1l
"'0
:S~
-6.2
fij]3
ujE
>0 III
~~
~~
~~
t1l0
~'tii
t1lE
-:'0
2'C
t1l'-
~~
Ill_
'Ot1l
.,""
0)-
'0'0
-g~
"Eo
OC
0>0
~..g
50>
~""
-0)
'O~
.,t1l
~s
~~
o III
c:E
.,-
.815
tI)-~
t1l0)
""Ill
E:::>
~m
Olc
eo
0. III
1llt1l
;s-g
~~
-g.1S
'00
'S;;
e .,
0.'0
C C
0.J!l
~.~
ECi
.et:
,5
.,
""
!-,
l!!
o
z
t)
~
~
G5
.....
-!::
.~
Y)
.~
::;;
tJ
,~
""
Q..
l:J
ID
Qj
~
~
~
&i
<n
w
:z
:J
(C
W
I-
:z
w
U
I-
W
W
(C
I-
<n
tIl
W
(C
::J
I-
<C
w
LL
(C
W
I-
~
~ ~".CJ
...
o
...~ ~ N
II N ~
;... ~ t)
~ 5,
a; fa ::s
;a """:l <(
~ ~ ~
Q,. Cl Cl
ta 0. J9
::E~ ~
(C
w
~
-'
w
U
(C
~
l.S"'A.'ifr"'-'---'--c--l
.........
\..J
o
fill. 138036 '
PROPERTY SKETCH
Acct;:SS INFORUf\YIDN SYSTEMS
( Th I s I s no t '0 survey)
(
~;If; <9 .
/A ~ /1)
~ ,,~''\
'\.\
LEOf\L : SEE' SCHEDULE ^
ej(ISt1At IUfU''J tJ~L.lr
/6 I ;)./'- I ,
370.00' 1 @O;
. I
0 f i
::l: "I I' I
Z I I
I .
t- O I 0
(/) 0 t ~
n n
>- In I I III
- -
< f
..., I
---------
13:5RD AVE NW
N
o.
1f_II_UJ 13J09 JAY ST. NIJ ANDOVER
tHIS IS NOT" ~y t<<lR ~D THIS IE USED AS" &l.R\'EY TO LClCA'1E FlITl,R; IMl'RO\aENrS.
' This GrPllle II '0' ',,'denIlOI "orl,o,. 1/I'O'rI01I0IOI l"'Pott. Olllf. The ''''O'"OtlOIl ,e'Olln,
I. Ihl prope,ly dl"IO"Oftl I' balld UIIon Ihe rOC4l,Clld "0' or nDp. .a the eoua,y reeorCl.. Th,
Ilpr....nl/l1 IDeoll.a Dnd cllnlnlton. .I\oe. ore .PllrOllna" O1ld bo..d UII01 . ,"IIUOI I IltPI. I 1011.
-s--
o
1685 CROSSTOWN BOULEVARD N,W, . ANDOVER, MINNESOTA,55304 .'(763) 755-5100
, FAX (763) 755-8923 . WWW,CI.ANDOVER.MN,l!S ' '
MEMORANDUM
TO:
COPIES TO:
FROM:
DATE:
REFERENCE:
, Andy Cross, Associate Planner
-I'" 1f.:id Berkowitz, City Engineer & TO~' AssI,. City Engh,ee,
January 21, 2004 ' '
Sketch Plan @ 13309 Jay Street NW/Review #1
, ;,
o
1. ' Per City Code Title 11-2-1 (E)lt is a suggestion that the subdivider show existing adjacent properties. ,
2. Need to identify the boundary of the approved delineated wetland boundary on sketch plan. If no wetland
exists, itwc>uld be necessary to indicate this in the legend., Wetland locations may have an inipact on
, , how lots are to be configured within the development., '
3. Need to indicate the exiting right-of-w~y width for all streets and all existing drainage and utility'
'easements., ' " .' ,', '
4. The developer is responsible to obtain the necessary permits from the Goon Greek Watershed District,
DNR, US Army Corps of Engineers or any other agency that is interested in the site.
5.' Need to meet the. requirements of the City of Andover Water Resource Management Plan. '
6. Need to submit a Tree Protection Plan with the submittal of the preliminary plat.
7. The developer will need to 'petition for improvements (sanitary sewer, watermain, streets & storm sewer).
Note: The developer may have the option to install these improvements privately, which does not require'
, a petition. It would be good to meet with the City of Andover and the City of Coon Rapids to determine if
this is an option.', ' ' ' " ' ,,', '
8. Need to meet requirements of all City Codes that apply. ' ", ' ." ' ,
9. Sidewalks may be required along 133rd Avenue NW. If so, the developer is responsible for the cost of
the improvement., " ' " ' ' ,
1 O.Are there any existing easements (private or public) that need to be vacated? If there are, they should
be Clearly indicated on the sketch plan so that it can be determined ifthe easement needs to be vacated.
Note: The City understands that an easement does exist at the east end of the property that is being
considered to be subdivided.
11. The developer shall identify existing street names and all other information as required in City Code 11- "
2-1 A-E in regard to sketch plans. " '
12. City Code 11-2-1D5 requires the developer to provide an aerial photo (most current) with the sketch
plim overlay, ," ' ' '
13. It will be necessary that the City of Coon Rapids put in writing that they are willing to deed over the
, property to the adjacent landowner at 1'3309 Jay Street NW, Otherwise, without this parcel the lots do not'
access to 133rd Avenue NW. Show this property on the sketch plan,' "
14. The Engineering Department is recommending that no preliminary plat shall be approved wherein lots
front on the right-of-way of 133rd Avenue NW, per City Code 11-3-2C, as 133rd Avenue NW is considered
a collector street kl the recently adopted Transportation Plan and also is designated asa State Aid road.
MnDOT studies have shown that an increase in accesses, whether public or private, results in a reduction
H:\Engineering\PJats\ 13309 Jay StreeiNW\Memos\Andy,doc
o
-6-
in the traffic carrying capacity of the roadway and increases the vehicular crash rate. Note: No direct
access from driveways on the Andover portion (north side) of 133rd Avenue NW currently exi,st.
O 15. It will be ne,cessary to obtain in writing from the City of Coon Rapid, s that ac, cess to the sanitary sewer
and watermain will be allowed since they are the agency that currently owns the sewer and water lines'
, along 133rd AvenueNW. ",' , " ,. " "
16. It appears that the City may want to encourage a private drive be considered along the north side of the
parcel and have access to Jay Street NW similar to what was done at City View Farm. See revised
sketch plan. Note: Some adjustmentsl1)8Y be necessary to accommodate this type of layout or it is
recommended to raise the house and rebuild a new one. '
17. A scaled drawing is required to be submitted as required. Currently the sketch plan does not indicate a
scale.
18, Additional comments pemdilig further review.
o
o
H:\Engineering\Plats\13309 Jay Street NWlMemoslAndy.doc
-'7-
o
o
O'
.
"-"
\..../
,.. 138036 '
II
R~v\S~
Z ~ ; IV e ~('; .v~l
5 ~t..rc..A
~l~t'v'
(
~;"Ii!J '
'/< /0
~~~,'\
. \.'
~EGAL : SEE SCHEDULE ^
::3:
Z
1-0
V)~
>-!!1
<
...,
N
E~;S17AC fUIQ"'j
1;).1'-- i
370.00'
{
I~~
}ft1.JL;r
eo'
,"
I
J
i
I
I
,I
,
I'
I
.
o
q
l"l
tn
-
I
..-...._~.
133RD-- -AVE- N\I-/
--_.,---~---
JlrOflrIJ AHrIIl 13309 JA Y ST. NIJ ANDOVER
tHIS IS NOT A ~T M)R SHOl.I.D 'rH1l; IE U2D U A ~y TO LClCA'IE F!IT\,RE 'W'ROWalENTS.
This 'rU-In, I. r.r r'II'.n'le' "or".,. Inrorno'I..., pupOI.. on',. Th, InroTn.t'on rl'Olln9
10 th. prop'r",~I"'Ollon. I, ba..~ UPOI ,he r'Dor~.~ plo, or nops In th. DoVn" "DorGI.Th,
InprO".".nl 10DOlloo Olld dl"'RaIOll' .11010 0" .pproalnall OIIl1l1o.,d ,pO. 0 ""vo, "'Illa' 10ft,
--8-
CD to- CO Q'l
<<:t <<:t - 'It
'It -
-- -- .....
....
'<.0 CD en,
't\J t\J
.\~O't1t ,
',~;. 1';
, ...... ~ to-
'OfS,"'\ .... -'It
, (I)> "0 g to- .,
"10' 0,"" ,
:,~ t\j,-g: ~
I ' '% ,C\,j"
;'3I1,S04:lO" .:-
, ,f?6 ~,b~~~f '.~ ."
I>. CJAfo, =cn'.....
I )I) !:,..... V" -
I ill), 1tJt:/j '0' t- CII
"." ~ t- 10'.... ,
. "It) 'V - '0
= I "'-6 ~ ~ 0') 10
. ..~' ..,.9~ '(I)' ........ -
I . "'Q II' Z
,"'V.J
,
'\\! - -
- ..... - CD
. Q'l 't-.... cO --
10 10 96'69 08
u),
.... ~
pvl 0 9'9 9a- .....
10 .... ~' ,.; ...... -01 V
''3,IF6000N to - CD '"en 10 N V 10
I I .... Q'l 10 'It 10 - co
-O~ 0 ' 'It 0 .... 0- .... 0 N
0 V ,to -~ 'It 't 'It g t'r> ,.. 0
Q'l tV~.....~ 0 - ~ ....
"'/1:) (I) ,~ m"
ll:" II, 10 IX) 2
.... (I)
-of ..., 99 99 Z 99 SS'~B'
I, 021 ~
......~...-
. 9 6'.1.;9 9S'.I.9 96'.1.9 96 'l. 9 96' L9
to 0') C' -..., t\I JI):
~ 0 ...... 0 -...: 0 ...... 'It
,~ .- , ,II) ..... JC) ..... ~ JI) - ,..:
JC) -CII 'It 10 co' -; t-
to- to t- to- ,.. t- IC)
..... IQ .... ..... .... ....
9 'It 96'.1.9 9S'L9 g6'L9 2"S9
PC' ap ...... ~' II, t::.n ~A iii ....cr ' ... ..... --
t'()
......
~
,~
....
, ,~
.~
,i ~"1.
ll-:~'~
.. :
, -'l,:,
,j: '. ,
';1;1.J:"' '~:
. '" !:'" ~~ '.
90'vL J_ ,~:,::!
-.",.cS ~'~'d'
'ql ....Ie) C'II in ~~t\\' ,
, CD. en,?i -II en dfS!.cI'
'.. ~;;ttt: ..,. ',.;,
'l:t ..... f'; ',;
~ ~,.:.' ",'
-; ,,~ . .~ ~;. .
" ...... f\t"~:':"'.'
61"()6= 10'; {.
" I '
,0:::.
~,.
3 ,,1I;SOoO N
, I
~ ..
....
G) '''c\I
t- 10
.... -
J. "99;
o
o
o
~O(JN
.R.p,o~
MINNESOTA
\
FAX COVER SHEET
DATE:
2-09-Q4
TO: Dave B. -City Engineer
FAX: 755.8923
FROM:
Douglas J, Vierzba
City Engineer
Engineering Division
111 SS Robinson Drive
Coon Rapids, MN 55433
Telephone: (763) 767-6465
Fax: (763) 767-6573
NUMBER OF PAGES INCLUDING COVER SHEET: 2:.
SUBJECT: Proposed Development on 133rd Avenue-Ernie Rousseau
MESSAGE: Thanks for the copy of the easement document that shows that
the east 100 feet of this property is drainage easement to accommodate the
1 DO-year flood elevation of 885, Enclosed is a copy of the as-built showing
the 885 contour to the edge of this 100 foot wide easement. That leaves 270
feet of land east of Jay St for development Coon Rapids would not convey
the entire Coon Rapids parcel to the property owner due to the ponding area
location. It may be better for Coon Rapids to conv@y th@@ntir@ parcel to
Andover. That would have to be a Council decision.
-10 -
FEE 09 2004 10:22
+7637676573
PAGE. 01
-- -- --
t-- CD Q) CD
q- q- - q-
- ,...
0 .... .... .....
.
) CD ~. Cl) to ~
,- t--
J t\J t\I
~ g9 ea' .e
~ "J..~fON :is;
0
,(0
,_~~O.t1l ,
~ ;. r;;
, ".p ....
,0 fiS.'..... - ~
co > '0 ~ ....
<II ....... "lO' 0" .....
,(If n. -g, ~
... \I '% ,C\j"
311.6000~ _'"",:
116 ~,:O~~$: -,:~ "
,-- -
"". (If (Q, ~Ol'
bi,!: ~ V"::
i'li) ,,;0; .0' .... N
I' "to....","'" ,
1"10 'V..... 0 0
, =. ~'O ~ Q) 0") 10
..' Q.. '......' ""'- -
_~t# ~. "... ......~
''''0 ~' z
u1
:to
....
- N Q)
('1 0)
.
10
Cl)
N - -
- .... - (I)
. en K co ....
.-' 'CFn;g
o
en
0'
I
- a Qc I 9S"~' 90'174 f't
- 96 'J. 9 ~ 96"J.8 9 6' L9
H ~n J_
, <:to
" 0' _. t\J IQ N) 'Q) ~ /Q '" it)
0 - 0 -: 0 - v - ,cD.en,.?l'" en I,
,JC) .... IQ .-..., IQ -- ~ ",~;;Itl: _"
10 -, (I)' .... ,... -- o:t-.... ,.:;
- IQ co "'N ~, 't'. F-' ,
.... - . - ,... t-- t-- - ,... 10
.... It) .... ..... ..... .....
96'.LS 96 '.LS ;6 ',Le al'SS" ..... -
69 'It 1..,,9810 N'
~ - ~' II, t::.n ~A iii '/'i,- ,'It EWOEF 10,
... .L" - -
~
()
H
f-
~
CClL..
~()
~
--
(I) "en 10
10 V It)
.... O. .....
) v g
~ ~ tr>
~
co
98 :z: 98
:::
00) v
(\/ V 10 It)
-: -co -- ":
~ ~ t\J' -
,...
Cl)
z
69'Z8
-
~
~
au
~
ti
A
U)
~
H
o
f
3,,11;6000 N
, I
aP
.-
i---.-"l
r ~
!
-;
~
V~
.,:
f
'"
\II
'--
...."'---..
o
'l
'i
---
~
o
-.:!.
~
, ~
lJt~
(>>'
~B
~
I::! ~
~ ~
't' \0-
3 ~ A
.I .-= ~
~d1!~
....
,," /.M~-otl18~~~
..-
o
to
,
o
<::)
....
-'"
...
c
a
~
O"E
~
PAGE ..02
-1'2--
o
Regular Andover Planning and Zoning Commission Meeting
Minutes - January 27, 2004
Page 7
-
. PUBLIC HEARING: RESIDENTIAL SKETCH PLAN FOR A SINGLE FAMILY
RESIDENTIAL DEVELOPMENT LOCATED AT 13309 JAY STREET NW.
Mr. Cross explained the Planning Commission is asked to review a sketch plan for a 4-lot
residential subdivision.
Mr. Cross discussed the information with the Commission.
c
Commissioner Gamache asked where the driveway is. Mr. Cross stated it extends out
onto Jay Street. He stated there would have to be a variance for every property that
would have a driveway out onto 133rd. Commissioner Gamache asked why the one lot
needed to be widened out to one hundred feet. Mr. Cross stated because the ninety foot
width on comer lots applies only to comer lots that back into one another and this one
would not do that to the north of it.
Commissioner Jasper thought only two of the lots were fronting on 133rd, Mr, Cross
stated the applicant indicated that this would be the minimwn.
Mr. Ernest Rousseau stated currently his driveway fronted onto Jay Street so they could
leave the existing driveway in and cover the front two lots with the existing driveway.
He stated this would allow only two driveways onto 133rd. Mr. Rousseau stated it would
be a shared driveway. Mr. Bednarz stated staff would not advise that situation, Mr.
Rousseau stated they would like to seek a variance to put four driveways onto 133rd.
Commissioner Vatne stated on the revised engineering sketch plan, there was a proposal
to get by the driveways out to the collector street and treat it with a driveway that runs
along the northern section where the homes would have driveway access off of that. He
thought it was compared to one of the recent developments off of County Road 9, City
View Farms. Mr. Cross stated the Engineering Department offered that as a suggestion
to help the project go through as a way to work around the problem of access to 133rd, it
was done successfully in City View Farms so Engineering brought this forward as a
suggestion. Commissioner Kirchoff asked if this would be a private street. Mr. Cross
stated it would.
o
-/:1-
o
Regular Andover Planning and Zoning Commission Meeting
Minutes- January 27, 2004
Page 8
Commissioner Jasper stated City View Farms was a development with an association that
takes care of the private road, was this the intention of this development. Mr. Cross
stated it was intended to make four single family lots.
Commissioner Kirchoff asked if there was a turn around on each lot. Commissioner
Jasper stated it was proposed to make the driveways "J" shaped to allow residents to
drive out onto 133rd instead of backing out. Mr. Rousseau stated this was correct.
Commissioner Gamache stated he read that the City of Coon Rapids would have to deed
some land to the owner in order to put accesses onto 133rd, Mr. Rousseau stated the City
of Coon Rapids indicated they would transfer the property to him but they would not do it
if the driveways are not approved onto 133rd. Mr. Cross stated in speaking with the Coon
Rapids City Engineer, he indicated the city would convey the land contingent on Andover
giving this the thumbs up to this sub-division.
Motion by Gamache, seconded by Kirchoff, to open the public hearing at 8:22 p,m.
Motion carried on a 6-ayes, O-nays, I-absent vote.
o
Mr. Tim Miller, 1765 I32nd Lane, Coon Rapids, stated they back up to the lroposed
changes, He stated to their east there is a home with a driveway onto I33r , the same
with the house to the west. He would propose they drive by the lot because he does not
see the room and he is opposed to the entire process. He stated there are mature pines on
the property that deserve to stay.
Mr. Ben Healy, 13344 Ibis Street, stated he lives behind the proposed property
development and he could see one lot but he did not understand how they could get four
lots out of the property. He showed the area on the map.
Motion by Gamaclie, seconded by Casey, to close the public hearing at 8 :31 p.m, Motion
carried on a 6-ayes, O-nays, I-absent vote,
Commissioner Qamache stated this is zoned R-4 already and the applicant has the right to
do what he wants on this as long as it falls in the zoning. He stated he does not have a
problem with this at all.
Commissioner Kirchoff suggested they put in tum-around's if possible.
Commissioner Vatne stated the lot size is straight forward; his biggest concern is the
collector street. He thinks the spirit of the ordinance is to keep safety and not have a busy
access onto busy streets. His last concern was there were comments they needed to have
a grading plan to preserve as much ofthe trees as possible and he agreed.
o
Commissioner Kirchoff asked if there were already four sewer stubs into the property,
The applicant stated there was not. '
-/4-
o
Regular Andover Planning and Zoning Commission Meeting
Minutes - January 27, 2004
Page 9
Commissioner Jasper stated he agreed with the residents of Coon Rapids about it makes
more sense to do two lots because the house is angled at such a way that the front of the
house will be at the back of the other lot. He understands why the street cannot be put to
the north edge because you cannot get the setback to do that and leave the house which
makes it financially unfeasible. He would encourage the applicant to consider doing this
as a two or three lot split, leaving the applicants access onto Jay Street and doing the
other lots to the east. It seems like it is too much for the space.
Commissioner Casey stated they all meet the requirements but he would like to see all
four accesses onto 133rd. Commissioners Kirchoff and Gamache concurred.
Chairperson Daninger stated he is not comfortable with all the houses having driveways
onto 133rd and he thought there could be other ways. Commissioners Vatne and Jasper
agreed,
Chairperson Daninger stated there are some concerns that were brought up and the
applicant should take those into consideration for the City Council meeting.
o
Commissioner Jasper asked if would be possible for the applicant to sit down with staff
about the possibility of doing the road on the north side with the idea of getting a
variance so he would not have to destroy his house and this would eliminate the
driveways onto 133rd.
Mr. Bednarz stated that this item would be before the Council at the February 17, 2004
City Council meeting,
o
VE
. Bednarz explained this ite as been postponed to a w the applicant mo time to
evise the site plan to possib eliminate the need for
Notification has been maia to surrounding reside within 350-feet oft property.
The proposed project . be located on the no est comer of Bunker ake Boulevard
and Round Lake Bo vard on the site current occupied by Super
-/5""'-
o
o
o
~
1685 CROSSTOWN BOULEVARD N,W, . ANDOVER, MINNESOTA 55304 . (763) 755-5100
FAX (763) 755-8923 . WWW.CI.ANDOVER,MN,US
TO:
CC:
Mayor and Council Members
John Erar, City Administratorf" 1) >D
David D. Berkowitz, City Engineer l\)\
Todd Haas, Asst. City Engineer/Parks Coordinator
Consider Request/Rum River Elementary Schoolffrail Improvements Along
16Sth Lane NW - Engineering
FROM:
SUBJECT:
DATE:
February 17, 2004
INTRODUCA TION
This item is in regard to considering a request from Judy McKay, Principal of Rum River
Elementary School regarding a trail to be constructed along a short section of 16Sth Lane NW
west of Verdin Street NW.
DISCUSSION
Attached is a letter from Judy McKay for your review. Also attached is a map indicating the
possible location of the trail. 16Sth Lane NW is designated as a Municipal State Aid Street
(MSAS) between Verdin Street NW and Round Lake Boulevard NW. It is important to note that
the current speed limit posted along 16Sth Lane NW is 40 MPH.
BUDGET IMPACT
This section of trail could be funded using the Trail Fund or MSA Funds. If the City Council
wants to move forward with this project, staff would recommend using the Trail Fund to pay for
the trail construction. If MSA Funds were to be considered, a plan which meets State Aid
Standards would take additional time as State Aid would need to review and approve the plan,
The estimated cost of the trail is approximately $15,000.
Note: Currently there are no plans in the CIP for new trails in 2005.
ACTION REOUESTED
The City Council is requested to consider authorizing staff to prepare plans and specifications for
constructing a trail along 16Sth Lane NW between Wren Street NW and Zion Street NW.
Respectfully submitted,
T~~
././ ./
Attachments: Letter from Judy McKay, Map & Photos
cc: Judy McKay, Principal, Rum River Elem. School, 16950 Verdin Street NW, Andover
o
o
o
Rum River Elementary School
16950 Verdin Street NW
Andover, Minnesota 55304
(763) 506-8200 Fax (763) 506-8203
TIY: (763) 506-8219
Judith McKay, Principal
R ::::----c:---, .-... "-'--
tCEIVED I
January 30, 2004
FER - 2 2004
CITY OF ANDOVER
Mr. Todd Haas
Assistant City Engineer
1685 Crosstown Blvd NW
Andover, MN 55304
Dear Mr. Haas:
I am writing to request that a trail or sidewalk be installed on the south side of 168th LN from
Wren to Zion.
The request of a trail or sidewalk is being made to try to provide a safer condition for students
who use the path that connects 168lh LN to the property of Rum River Elementary School.
Currently, because the path terminates at 168th, there is no crosswalk or signage to alert drivers to
the presence of children. The entrance to the path on 168lh isn't visible to a driver headed east or
west until they are very close to it. Some drivers have decided to park along 168lh to avoid
driving into the school's parking lot at dismissal. These parked cars compound the problem of
decreasing a driver's ability to see the entrance to the path on 168th. I have heard from drivers
that there have been many near misses and that it is "an accident waiting to happen."
Enclosed please find several photographs that hopefully help clarify my description of the
problem.
If I can be of further assistance or provide additional information please contact me, Thank you
for your consideration of my request.
Sincerely,
~v17~
Judith McKay
c. Tom Redmann, Supervisor of Sites and Grounds, Anoka-Hennepin ISD #11
koka
TH ennepin
Independent School District 11
Partners in educating all learners for a successful future in an ever-changing world,
,
i I
'I 0 AVE.NW '
! I
_, J::.- ~ - - - - --: - - _1-:- - - ~ - -:- - - _ _
~"
, ,
-
-.~
:-im
~.
, 0
3 ~ '
3 ~
z
>!..-~
3
-
4
w:-l "
5
2
-
.--- ,
=f-
..
,112 '~4K'H100~~'
z
11H II.. W ~
\2, ~E:S7jAT'iES ~ 2
I' I 2 .13.
'I 2K~A:oiE4 '2 ~
H : LA. NW od
.tJ: 0 '(1:/ T! 0 ~/, 3 2
, :
6
I '" L' , .w
r
I ii.
~
lH eA, .w
, I
A6UtfDANT
uFE
ALLIANCE
....r........~'-...r......_.......
............~......~_.......t--- -'
NORTHFRN . NArUHAJ. GAS
,
PIp/: INE
I I I
, "I,
II
(C'ENTeRLlNE)
J"
-.;;;
,
,,\ i'--- "-
I/'
/
J
. COUNTY STATE A
6
.
Z
f
~
/
HIGHWAY NO.20 '. '-
V"6
DitCtl
~L1j\t
-
L}\NGFkD's J,
, ,I, €STArES
OAKf,DGE j' D~).
.~r(1
I
I
~.- H ~,--I--ZJ::x~~LJ
r-~- . . I
r- ~ 't::: "
.l.... ~ I
I "'-.~- f. .....-....,., ,..^
'OC-- ~l-J I' I I \
o
o
o
o
o
o
o
o
o
.
'0
o
o
0)
1685 CROSSTOWN BOULEVARD N,W, . ANDOVER, MINNESOTA 55304. (763) 755-5100
FAX (763) 755-8923 . WWW,CI.ANDOVER,MN,US
TO:
Mayor and Councilmembers
John Erar, City Administrat01V
Will Neumeister, Community Development Director ~
CC:
FROM:
SUBJECT: Update on 2004 CDBG Funding Allocations/Approve New Resolution-
Community Development
DATE:
February 17, 2004
INTRODUCTION
On Monday, February 9,2004, the County Board reviewed the Anoka County Community
Development staff recommendations for the CDBG allocations. There were 55 CDBG funding
requests and 11 were recommended for funding. The County staff recommended that Andover
receive funding in the amount of $104,250 for the Hughs Industrial Park revolving loan fund.
However, they did not recommend funding the Rental Rehabilitation Program for the duplexes
on 13Sth Avenue.
DISCUSSION
Attached are the details of what other local jurisdictions and agencies submitted for CDBG
grant consideration. Note that there was general acceptance by the County for community
and/or neighborhood centers in a number of cities in the County, The cities of Lino Lakes,
Ramsey and Oak Grove were recommended for approval of between $150,000 - $200,000 for
either community or neighborhood centers.
Since last Tuesday, the staff has been working closely with the Anoka County Community
Development staff to determine how the CDBG request could be modified to also have the
County approve of funding for the Andover/YMCA Community Center. The County staff has
been very supportive and has indicated that if Andover were to submit a modified CDBG
application, they would be willing to provide positive recommendation on the use of the funds
that were allocated to Hughs Industrial Park to be shifted to the Community Center, In the
modified application, the City needs to show that the use of the funds will serve low and
moderate income youth/teens with the programming and spaces that are being planned.
Attached is the modified grant application proposal and a new resolution that indicates the City
Council is willing to forgo the Hughs Industrial Park revolving loan program funding, in
anticipation of receiving the County's favorable response to an application for the use of
CDBG funds for the new Andover/YMCA Community Center. The County staff has
o
o
o
indicated that they will also work to find additional program funding to increase the amount of
the CDBG grant to $150,000 that would make Andover equal to the other cities in the County
that received funding for similar types of programs,
ACTION REOUESTED
Council is asked to review the modified CDBG grant application and approve of the resolution
with the appropriate changes.
Respectfully submitted,
&/;f,d~
Will Neumeister
Attachments
Resolution
Anoka County data on cities and agencies that were recommended for funding
-2..--
o
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO R
A RESOLUTION APPROVING THE 2004 CDBG FUNDING
REQUEST MODIFICATION
WHEREAS, the City of Andover has reviewed the funding criteria for the Community
Development Block Grant program (CDBG); and
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 Council has determined that the allocation ofCDBG funds for the
Hughs Industrial Park Revolving Loan Fund would better serve the low and moderate
income families in Andover by reallocating the Hughs Industrial Park CDBG funding
towards the costs of constructing the new AndoverNMCA Community Center.
o
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover, to
hereby support the request to reallocate the funds that Anoka County designated for the
Hughs Industrial Park Revolving Loan Fund to be used for the new Andover/YMCA
Community Center; and
FURTHER requests the Anoka County Community Development Department to work
with the City to find additional available funding sources to increase the amount of
CDBG grant to $150,000.
Adopted by the City Council ofthe City of Andover this 1 ih day of February, 2004.
CITY OF ANDOVER
ATTEST:
Victoria V olk, City Clerk
Michael R. Gamache, Mayor
o
-3-
CDBG Budqet Sheet for 2004 FundinQ Requests
I
~ ATC Study 30'000~
Planning ACEDP ,
ACEDP Economc Dev, Loan 15,000 $ 10,000,00
Affordable Housing Coalition Support Service 11,000 $ {;I!('I-,',
Blaine ' Space Needs Study 3,000 nle , Under minimum grant
FHIC Fair Housing Activities 28,206 $ 28,000,00
Fridley Housing Workshops 15,000 $ -
~ ~",m ~~~=7f2061J~.8"~D!lmI
:'~-';:",~---,,=-4,Ar" ,.'" . i~"",,\ '-. ,to,
IPublic ACCAP Furniture Warehouse 20,000 $ 10,000,00
ACCAP Senior Outreach 95,502 $ 50,000,00
Alexandra House - Chiid Care 26,000 $ 10,000,00
Anoka Senior Transportation 13,395 $ 10,000,00
Arc Great Rivers Transition to Work 34,334 $
Bethel Fire Equipment 30,000 $
Big Brothers Big Sisters Youth Mentoring 10,000 $
Blaine Senior Transportation 43,259,24 $
CEAP Family Service 30,000 $ 15,000,00
CEAP Welfare Transportation 9,000 $ Under minimum grant
Central Center Bridgeview 15,000 $ 10,000,00
Central Center Youth Mentoring 19,000 $
Crisis Nursery Spanish Speaking 62,028 $ 15,000,00
Columbus Township Senior Center 16,763 $ No increase in service
Family Ufe Indigent Medication 14,000 $ ~ 160o() J ! ,- "'Q_,.f .t-
Free To Be Program 30,000 $ 20,000,00 i 7.-"
Fridley I Coon Rapids Senior Companion 11,828 $ 10,000,00
Ham Lake Senior Center 23,931 $ 10,000,00 ,
ISO #12 Summer Fun Summer Fun 10,670 $ B 6lf"e-- 7" ~ ,r-~ ~ .r
Kinship of Greater Mpls, Immigrant 10,000 $ 10,000,00 ,
Linwood Township Food Shelf 12,000 $ ~ ~,O()O / , ,- L./.Jjt
C " Meals for Shut-Ins Meals 5,000 $ , , 'r Under minimum grant
rr6 No Anoka Meals on Wheels Hot Meais 54,004 $ J,S,Qe6:UO" io d <1-' /, ,. /:'.-" ,..
No Suburban Counseling Sliding Fee 11,000 $ 10,000,00 , -. ,
Resource Center SelVices 10,000 $ 10,000,00
Rise Special Transportation 34,000 $ 17,000,00 Funding 1 vehicle
SACA Food Shelf 15,000 $ ~O to /IAn /, ~_ '-_ .d' .:iJ'
Youth First Neighbor to Neighbor 15,000 $ / '.
Youth First Youth Mentoring 30,000 $
tt~t~iif.~ lIt Services Bureau Youth Mentorin9, 29,800 $
- ~~!i0~& -'ifdY5'lW''$lf~~'11:~259'g5b:06D'
".;._:~~.'r,~,'~'\j;" ~cvs:;",,,,,,,~,,,^-.,,,~.,,...........,.,5f
Non.Public ACCAP Manufactured Homes 60,000 $ 50,000,00
ACCAP Housing Rehab Program $ 200,000 Program Income
ACEDP Technical Assistance 75,000 $ 50,000,00 ,
. Andover Econ, Dev, Loan Prog, 150,000 $ 104,250,00 .
A Andover Rental Rehab 150,000 $ .
"- Blaine Blaine Courts Canopy 25,000 $ 10,000,00 ,
Blaine Sunnyside Park Improv, 25,000 $ 25,000,00
Columbia Heights NEI Demolition 300,000 $ . $ 289,860 Recapturedlunalloca
Coon Rapids Housing Rehab $ 280,500,00 :>I;:. , -, :>,&b Formula less 25%
Crest View Corporation Sr, Comm, , Ramsey Town 300,000 $ ,,p-~ '.,. , I
Family Life Operation Upgrade 55,000 $ / ......, (,- Incomplete application
Ham Lake Ecomonic Development , 50,000 $ 50,000,00 I
Lexington SlumIBlight Removal 220,000 $ 200,000,00 I fi"tJ,,~ 10 I
-t Lino Lakes YMCA YouthlTeen Center 300,000 $ *' 7]", c:XPAS .rI $~ Program Income
Linwood Township Senior Center Rehab 9,350 $ , Under minimum grant
.-. Oak Grove Senior Center 300,000 $ 200,000,00 J!\(j, d, <1 ,
, Ramsey Gateway North Redevelop, 300,000 $ ~/ ','."':: J $ ~ Program Income
Rise Capital Improvement 92,000 $ 92,000,00 'C ,
-+ SI. Francis Neighborhood Center 300,000 $ 200,000,00
~-~i&~.._~ifl..?FTh1\1""T-",-~:--C-~-"''I\-
~, "';, ".t~oc"';" ;?'.ili\~~~,.",\,i!iia "J", 4 . - ,ili!J&~-;if.;')':l~l,2~Zp!!;gO?\ '
.. Overall Total 3,524,070 $ 1,559,700,00
I ~ ,
,
,
, ,
,
-4-
~
.. ,
Estimated Anoka Co, Allocation 1,359,000 $ 1,359,000,00
Estimated Coon Rapids Allocation 374,000 $ 374,000,00
Estimated Total AC and CR 1,733,000
Admin fee 10% 135,900 $ 135,900,00 ,
Coon Rapids Admin Fee 37,400 $ 37,400,00
Public service Max 15% 203,850 $ 203,850,00
Coon Rapids PIS 56,100 $ 56,100,00
Est. Total PIS AC and CR 259,950 ,
Project & Plan funding 1,019,250 $ 1,019,250,00
Coon Rapids Project , 280,500 $ 280,500,00
Program Income from: Highway Homes $ 300,000
Program Income from: Rehab Program $ 200,000
RecapturedlUnallocated: , $ 289,860
Total Expendatures $ 1,733,000.00 ,
Total Other Sources $ 789,860
o
o
-~-
o
o
o
~-o
1685 CROSSTOWN BOULEVARD N,W, . ANDOVER, MINNESOTA 55304. (763) 755-5100
FAX (763) 755-8923 . WWW,CI.ANDOVER,MN,US
TO:
Mayor and Council Members~ "
John Erar, City Administrator ,)tj'"'<<
David D. Berkowitz, City En. r:b.v
CC:
FROM:
Jason J. Law, Civil Engineer III
SUBJECT:
Discuss New Standard Street Section - Engineering
DATE:
February 17,2004
INTRODUCTION
City staff is requesting that the City Council discuss and approve increasing the standard pavement
section used for streets constructed in new urban and rural developments.
DISCUSSION
The current standard City pavement section is 6 Yz" thick, with 2 Yz" of bituminous placed over 4"
of class 5 aggregate base. Staff is proposing to increase the standard pavement section to 9 Yz", with
3 Yz" of bituminous over 6" of class 5 aggregate base, City staff contacted neighboring communities
regarding their standard pavement sections. The proposed 9 Yz" pavement section is similar to the
standard sections being utilized by neighboring communities (see attached table). The increased
pavement section would result in an increased pavement life cycle, -reducing maintenance costs, and
prolonging costly reconstruction.
The proposed section would also allow for 2" of class 5 to be placed under newly constructed
concrete curb and gutter, providing a solid platform for the curb machines and concrete trucks,
alleviating constructability issues. The City's current section results in construction of curb and
gutter on existing subgrade (generally sand). The curb machines are not able to effectively
maneuver over areas with loose sand, resulting in non-uniform curb lines and grades, which are
modified by hand. It is staffs opinion that providing a layer of class 5 below the curb and gutter
would result in a higher quality product, reducing curb maintenance costs and minimizing
settlement issues.
Currently, geotechnical reports for new developments often include a recommended pavement
section that is thicker than the current minimum City standard. The proposed 9 Yz" section is
proposed to be set as a minimum, and new developments would be required to provide a pavement
design to be submitted with the geotechnical report.
o
o
o
Mayor and Council Members
February 17, 2004
Page 2 of2
Staff discussed this item with the Public Works Committee. The Public Works Committee was
generally in favor of increasing the pavement section, but input from developers should be gathered.
City staff met with and discussed this issue with Bryon Westlund of Woodland Development
Corporation and Mike Quigley with 116 LLC. Mr. Westlund submitted a letter regarding his
response and he was opposed to increasing the pavements section since the developers would incur
the additional expense in increasing the roadway section, Mr, Westlund's letter is attached.
BUDGET IMPACT
Implementation of the increased pavement section would decrease long term maintenance costs.
ACTION REOUESTED
The City Council is requested to approve implementation of a 9 v," minimum pavement section (3
v," bituminous and 6" class 5 aggregate base) for newly constructed urban and rural developments.
Respectfully submitted"
.j
Attachments: Surrounding Communities Typical Pavement Sections J
Response Letter from Byron Westlund of Woodland Development Corp.
Cc:
Byron Westlund, Woodland Development Corp.
Mike Quigley, 116 LLC
o
c
o
Surrounding Communities Typical Pavement Sections
Current Andover: 2.5" Bituminous (1" wear, 1.5" base)
4" Class 5 Aggregate Base
6.5" Total Section
Anoka: 3.5" Bituminous (1.5" wear, 2" base)
6" Class 5 Aggregate Base
9.5" Total Section
Blaine: 3.5" Bituminous (1.5" wear, 2" base)
5" Class 5 Aggregate Base
8.5" Total Section
Coon Rapids:
2" Bituminous (2" wear, 1 lift)
4" Class 5 Aggregate Base
6" Total Section
Ham Lake:
3" Bituminous (1" wear, 2" base)
4" Class 5 Aggregate Base
7" Total Section
Oak Grove:
3" Bituminous (1" wear, 2" base)
6" Class 5 Aggregate Base
9" Total Section
Ramsey:
3.5" Bituminous (1.5" wear, 2" base)
4" Class 5 Aggregate Base
7.5" Total Section
8t, Francis:
3" Bituminous (1" wear, 2" base)
5" Class 5 Aggregate Base
8" Total Section
o
RECEIVED
FES - 2 2004.
January 29, 2004
CITY OF ANDOVER
Mr. Dave Berkowitz
City Engineer
CllY OF ANDOVER
1685 Crosstown Boulevard NW
Andover, MN 55304
RE: PROPOSED NEW URBAN STREET SECTION
Dear Dave,
It is my understanding that the city of Andover wishes to change its current street pavement section from
two and a half inches of bituminous (one inch wear and an inch and a half base) and four inches of class
five aggregate base for a total street section of 6.5 inches. I believe the city is considering the new
specification to be 3.5 inches of bituminous (two inches of base and one and one half inch of wear course)
with a six inch class five base underneath. If I am correct, the reason for the additional class five is so that
the concrete curb will now have class five underneath it. I am opposed to this change because the
developer will incur this additional cost. In our meeting I did not understand your concerns/reasons for
doing this. The first concern was cOllstructibility. It's my understanding that it is very difficult to get an
inch thickness under the current standard with the paving machines. At the same time, it is being done
and generally isin favor of the city. The other reasollfor the additional class five was thatthe curbs were
tipping back. The example you showed related to what the, homeowners did after they moved in, which
was running irrigation lines next to the curbing and the problem was caused possibly by a leak. The
subgrade would then be eroded underneath the curb and the curb would have a tendency to tip back. I
would like to know what these types of repairs have costthe city. I don't believe it's all over the city and
that these are just isolated cases.
The city specs do not mention, and it is typical even in MNDOT specs, having some type of tolerance. That
tolerance is not identified within the proposed new street section. It's also not identified in the existing
one.
As you are aware, there is pending litigation between Woodland and the city of Andover. One of the issues
in this litigation is the seal coating of new streets. Why is this not shown onthe street section if it is a
requirement of the city of Andover?
I appreciate the opportunity to comment on this and look forward to working with you in the future.
bmd
13632 Van Buren St, NE
Ham Lake, Minnesota 55304 (763) 427-7500
www.woodlanddevelopmentcorp.com
FAX: (763) 427-0192
o
o
o
o
o
o
Chesterton Commons
o
o
o
Woodland Estates
o
o
o
Crown pointe
o
o
o
Shadowbrook 2nd Addition
o
o
o
Woodland Estates
o
o
o
Crown Pointe East 2nd
o
o
o
Shadowbrook 1 st Addition
o
o
o
Shadowbrook 1 st Addition