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Home My WebLink AboutCC May 20, 2003 CITY OF ANDOVER r , 1685 CROSSTOWN BOULEY ARD N. W. . ANDOVER, MINNESOTA 55304 . (763) 755-5100 '-J FAX (763) 755-8923 . WWW.CI.ANDOVERMN.US Regular City Council Meeting - Tuesday, May 20, 2003 Call to Order-7:00 p.m. Pledge of Allegiance Resident Forum Agenda Approval l. Approval of Minutes (5-06-03 Regular, 5-6-03 Executive Session (2); 4-29-03 Special) Consent Items 2. Approve Payment of Claims- Finance 3. A ward Bid/Streets & Utilities!03-2/Woodland Creek Golf Villas (Supplemental) - Engineering 4. A ward Bid/Streets & Utilities/02-47 IF oxburgh Crossing - Engineering 5. Approve Joint Powers Agreement/02-18I7th Avenue (CSAH 7) & 157th Avenue (CSAH 20)fTraffic Signal - Engineering 6. Approve Plans & Specs!02-18I7th Avenue (CSAH 7) & 157th Avenue (CSAH 20)fTraffic Signal- Engineering 7. Approve Resolution! Allocating Off System Expenditure of City MSA Funds onto County Systems! 02-1817th Avenue (CSAH 7) & 157th Avenue (CSAH 20)fTraffic Signal- Engineering 8. Declare Assessments in Default/Order Public Hearing/Sunridge/99-36 - Clerk \ 9. Approve Executive Session Summary/City Administrator Performance Evaluation -Administration 'J Discussion Items 10. Receive Anoka County Sheriff's Department Monthly Report-Sheriff 11. Crime Watch Coordinator Update - Sheriff 12. Hold Public Hearing/Approve Drainage & Utility Easement Vacation!1411 - 152nd Lane NW - Planning 13. Hold Public Hearing/02-39/Red Oaks Manor Ist-4th Addns. & Unplatted Portions of Sections 33 & 34/Street Lighting - Engineering 14. Order Plans & Specs!02-30/Andover Boulevard Trail Construction - Engineering 15. Premises Permit/Andover Lions Club Gambling - Clerk 16. County CommunicationlRelocation of County Household Hazardous Waste Site - Community Development 17. A ward Bond SalefTIF Refunding Bond & PIR Bond - Finance Staff Item 18. Accept April Customer Service Report - Administration 19, Schedule EDA Board Meeting/Andover Station Commercial Development -Administration 20. Schedule City Council WorkshoplMiscellaneous Items -Administration Mayor/Council Input Adjournment '-..../ W CITY OF ANDOVER 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304. (763) 755.5100 FAX (763) 755-8923. WWW.CLANDOVER.MN.US TO: Mayor and Councilmembers CC: John Erar, City Administratorf FROM: Vicki V olk, City Clerk SUBJECT: Approval of Minutes DATE: May 20, 2003 INTRODUCTION The following minutes have been provided by TimeSaver Off Site Secretarial Service for Council approval: J May 6, 2003 Regular Meeting May 6, 2003 Executive Session (Woodland Litigation) May 6, 2003 Executive Session (Administrator Review) The following minutes have been provided by staff for Council approval: April 29, 2003 Special Workshop (Community Center & Budget Reductions) Copies have been e-mailed to Councilmembers Orttel and Jacobson and Mayor Gamache. Hard copies have been provided to Councilmembers Knight and Trude. If you did not receive your copies, please call. ACTION REQUIRED The City Council is requested to approve the above listed minutes. R~aY submitted, ~ . (,tLJ Vicki Volk City Clerk @ CITY OF ANDOVER 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~v Jim Dickinson, Finance Dire or FROM: Lee Brezinka, Assistant Finance Director SUBJECT: Payment of Claims DATE: May 20, 2003 INTRODUCTION Attached are disbursement edit lists for claims related to the on going business of the City of Andover. DISCUSSION Claims totaling $98,384.65 on disbursement edit lists #1-2 from 05/09/03 thru 05/13/03 have I been issued and released. Claims totaling $877,094.06 on disbursement edit list #3 OS/20/03 will be issued and released upon approval. Debt service payments of $107,330.00 will be wired on May 29, 2003. BUDGET IMPACT The edit lists consist of routine payments with expenses being charged to various department budgets and projects. ACTION REQUIRED The Andover City Council is requested to approve total claims in the amount of $1,082,808.71. Please note that Council Meeting minutes will be used as documented approval rather than a signature page. Respectfully submitted, ~tJ~ Lee Brezinka Attachments CITY OF ANDOVER Debt Service Payments Due June 1,2003 Principal . Interest Total General Obligation Revenue Bonds 1997 Public Project Revenue Bonds $ - $ 60,155.00 $ 60,155.00 Special Assessment Bonds 1997B G.O. Improvement Bonds - 17,437.50 17,437.50 Tax Increment Bonds 1999 Tax Increment Bonds - 29,737.50 29,737.50 Total June 1, 2003 Payments $ - $ 107,330.00 $ 107,330.00 , / ~ ~ ... ... ... ... ... .. t>:1 ~... .. > 0:(... ... o A.... .. Q 0::... . :z; ~... ... ICl; >... .. o. . t1.. tJ... .. o . . )-I;: :____: t;", :~: Va... .. >. . I ... . ... 000::.. ... ~o 00.. .. ~~ U"'t ~... ... U o Lf'I'" ... ~...:I.. .. U) In t:) 0 ............... E-< lV \D ... .. Z c: \D ......... t>:1 ....0 ... "':E ...:I ... .. .. ... ... .. ~ . . <Il :MMMM: ~ ~\D .. .. It! ..:J . . Ul .0000... H [Q.. oj< Cl QJ M" .. U M ."". M ~U) ....... .. 0 0. tIl... .......... CI) .. 0\ 0\ 0'\ C\ .. CJ\ Ii-I.. '" 0 I 'd 0... .. ......, .-l .0000. 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WWW.CI.ANDOVER.MN.US TO: Mayor and Council Members CC: John Erar, City Administratoft./ FROM: David D. Berkowitz, City Engineer SUBJECT: Award Bid/Streets & Utilities/03-2/Woodland Creek GolfViIlas (Supplemental) - Engineering DATE: . May 20, 2003 INTRODUCTION The item will be presented to the Council at the meeting. Staff is discussing the bid results with the developer to see if they would like to proceed with the project. Respectfully submitted, / (J~C;) David D. Berkowitz cc: Olvan Properties LLC, PO Box 67, Forest Lake, MN 55025 (j) , , CITY OF ANDOVER 1685 CROSSTOWN BOULEVARD NW.. ANDOVER, MINNESOTA 55304. (763) 755,5100 FAX (763) 755.8923 . WWW.CI.ANDOVER.MN.US TO: Mayor and Council Members CC: John Erar, City Administratmf'../ FROM: David D. Berkowitz, City Engineer SUBJECT: Award Bid/Streets & Utilities/02-47/Foxburgh Crossing - Engineering DATE: May 20, 2003 INTRQDUCTION The City Council is requested to receive bids and award the contract for Project 02-47, Foxburgh Crossing. DISCUSSION Bids received are as follows: Contractor Bid Amount I Volk Sewer & Water, Inc. $133,003.99 Redstone Construction Co., Inc. $164,704.96 W.B. Miller, Inc. $166,628.75 Friedges Contracting Co. LLC $168,517.50 Dave Perkins Contracting, Inc. $174,645.00 Don Zappa & Sons Excavating, Inc. $174,767.15 Ryan Contracting Co. $174,854.61 Engineer's Estimate $161,266.60 BUDGET IMP ACT The project will be funded by developer assessments and the City's Municipal State Aid Funds as identified in the feasibility report. ACTION REOUIRED The City Council is requested to approve the resolution accepting bids and awarding the contract to Volk Sewer & Water, Inc. in the amount of$133,003.99 for Project 02-47, Foxburgh Crossing. Respectfully submitted, Q~Cj),\ David D. Berkowitz , cc: Bill Gleason, Grand Teton Development, 8525 Edinbrook Crossing, Suite lOl, Brooklyn Park, MN 55443 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. " / MOTION by Council member to adopt the following: A RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR THE IMPROVEMENT OF PROJECT NO. 02-47 , FOXBURGH CROSSING. WHEREAS, pursuant to advertisement for bids as set out in Council Resolution No. 074-03 ,dated April 15, 2003, bids were received, opened and tabulated according to law with results as follows: Volk Sewer & Water, Inc. $133,003.99 Redstone Construction Co., Inc. $164,704.96 W.B. Miller, Inc. $166,628.75 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby accept the bids as shown to indicate Volk Sewer & Water. Inc. as being the apparent low bidder. BE IT FURTHER RESOLVED TO HEREBY direct the Mayor and City Clerk to enter into a contract with Volk Sewer & Water. Inc. in the amount of $ 133.003.99 for construction of the improvements; and direct the City Clerk to return to all bidders the deposits made with their bids, except that the deposit of the successful bidder and the next lowest bidder shall be retained until the contract has been executed and bond , requirements met. MOTION seconded by Council member and adopted by the City Council at a reqular meeting this 20th day of Mav , 2003 , with Council members voting in favor of the resolution, and Council members voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: Michael R. Gamache - Mayor Victoria Volk - City Clerk , @) " CITY OF ANDOVER I 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304. (763) 755,5100 FAX (763) 755-8923. WWW.C1.ANDOVER.MN.US TO: Mayor and Council Members CC: John Erar, City Administrat01/t/ FRQM: David D. Berkowitz, City Engineer SUBJECT: Approve Joint Powers Agreement/02-18/7th Avenue NW (CSAH 7) & 157th Avenue NW (CSAH 20)ffraffic Signal- Engineering DATE: May 20, 2003 INTRODUCTION This item is in regards to approving the Joint Powers Agreement between the City of Andover and Anoka County for the construction of a new traffic signal at the County intersection of 7th Avenue NW (CSAH 7) & 157th Avenue NW (CSAH 20), Project 02-18. DISCUSSION '. The Joint Powers Agreement for the intersection is attached for your review. , The Joint Powers Agreement and the funding splits are in conformance with the standard Anoka County agreement. BUDGET IMP ACT The projects will be funded from Federal, County and the City portion from Municipal State Aid Funds. ACTION REQUIRED The City Council is requested to approve the Joint Powers Agreement for the construction of a new traffic signal at 7th Avenue (CSAH 7) & 15ih Avenue (CSAH 20), Project 02-18. Respectfully submitted, q~:2~tz~ / --- @ City of Andover, Minnesota 02-18 Traffic Signals Incorporated 1974 7th Ave. (CSAH 7) & 157th Ave. (CSAH 20) , MSA# 198-020-16 i 0 "=t" "=t" 4400 15706 4345 --------- lS 157TH AVE '\ 5613 - ~- IA 15640 15643 1 / '\5629 w ~ 5620 1 5598 15593 15 :c l- I'- ex:> LEGEND N <::) Improvements W*E o Park S o Lots I Parools o Water Features N CityUmtts Map Date: May 15, 2003 Layout Name: DRAWING NO 1 Project location: H:\ENGINEERlNG\OPEN PROJECTS\OH8 TllAffIC SIGNAl5-lTll AVE &.1S7Tll AVE\ORAFfING\EXHIBIlS\lOCATIONMAP.APR Date Printed: OSI ~ Anoka County Contract No. JOINT POWERS AGREEMENT FOR THE SIGNALIZATION OF COUNTY STATE AID HIGHWAY 7 (7TH Ave.) AT COUNTY STATE AID HIGHWAY 20 (157TH AVE.) (SP 02-607-17) This Agreement made and entered into this day of , 2002, by and between the County of Anoka, State of Minnesota, a political subdivision of the State of Minnesota, 2100 Third Avenue North, Anoka, Minnesota, 55303, hereinafter referred to as "County", and the City of Andover hereinafter referred to as the "City". WITNESSETH WHEREAS, the parties of this agreement have long exhibited concern for the safety at County State Aid Highway 7 (ih Ave.) and County State Aid Highway 20 (l5ih Ave.).; and, WHEREAS, the intersection of County State Aid Highway 7 (7th Ave.) and County State Aid Highway 20 (l5ih Ave.) has met warrants for a full traffic actuated traffic control signal; and, WHEREAS, the parties agree that the County shall cause the construction and channelization of the intersection of County State Aid Highway 7 (7th Ave.) and County State Aid Highway 20 (l5ih Ave.).; and, WHEREAS, the Anoka County Highway Department has prepared plans and specifications for Project No. SP 02-607-17 which plans and specifications are dated , and which are on file in the office of the County 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 47l.59 authorizes political subdivisions of the State to enter into joint powers agreements for the joint exercise of powers common to each. NQW, THEREFORE, IT IS MUTUALLY STIPULATED AND AGREED: I. PURPOSE / 1 P:\02-607 -17 &02-609- I 1\02-607 -17\Documents\Construction\Dran Andover 607- I 7 IP A.doc The parties have joined together for the purpose of reconstructing the roadway, drainage, sidewalk, traffic control systems, as well as other utilities on a portion of County State Aid Highway 7 (7th Ave.); as described in the plans and specifications numbered SP 02-607-17 on file in the office of the Anoka County Highway Department and incorporated herein by reference. II. METHOD The County shall provide all engineering services and shall cause the construction of Anoka County Project No. SP 02-607-17 in conformance with said plans and specifications. The County 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 projections of the costs, which will be incurred for this project. Actual costs may vary and those will be the costs for which the relevant parties will be responsible. B. The estimated cost of the total project is $754,238.02. Participation in the construction cost is as follows: 1. The City shall provide construction observation for the relocation and reconstruction of their utilities and approve for acceptance the work as it is completed. la. The City shall be responsible for any deficiencies associated with the relocation and reconstruction of the utilities that arise during or after the completion of the project. 2. The City shall pay 100% of the hydrant and curb box relocation and gate box adjustment as well as water and sewer relocation and construction. The estimated City cost of these items is $0.00. 3. The City shall furnish and deliver to the construction site replacement hydrants for any hydrants, which is being relocated as a part ofthis project, which they want replaced. 4. The City shall pay for the non-participating and non- eligible portion of the storm sewer construction plus a percentage of the eligible portion of storm sewer construction. The estimated cost of the non-participating storm sewer is $0.00 of which the estimated cost to the City is $0.00 (100%). The non-eligible and 2 P:\02-607-17&02-609-11 \02-607-17\Documents\Construction\Drarr Andover 607-17 IP A.doc runoff coefficient. The estimated percentage of contributing flow from the City is 0 percent. The total eligible estimated cost of the storm sewer is $0.00 of which the estimated cost to the City is $0.00. The total non-eligible estimated cost ofthe storm sewer is $0.00 of which the estimated cost to the City is $0.00(100%). The total cost of the storm sewer construction is estimated at $0.00 of which the estimated cost to the City is $0.00. 5. The City shall pay for 0 percent of the cost of detention basins (including ponds and their outlet structures and grit chambers/collectors). The City portion of the cost is based on contributing flow to the detention basin determined by the product of contributing area and runoff coefficient. The total estimated cost of the detention basins is $3,500.00 of which the estimated cost to the City is $0.00. 6. The City shall pay 50% of the cost of concrete curb and gutter (less medians). The estimated total cost of curb and gutter including medians is $6,262.20, of which the City's estimated share is $0.00. 7. The City shall pay the cost of decorative median above the cost of concrete median. The City's estimated cost for decorative median is $0.00. 8. The City shall pay 100% of the cost of new concrete and/or bituminous driveway pavement for all upgraded driveways. The City's estimated cost for driveway pavement is $0.00. 9. Any inplace driveway pavement disrupted by the construction will be replaced inkind by the County at no cost to the City. 10. The City shall pay for 100% of the cost of new sidewalk installed on the project. The estimated cost to the City is $0.00. 11. Inplace concrete walk will be replaced by the County at no cost to the City. 12. The City shall pay 100% of the cost of new bituminous trails. The City's estimated cost for the trail is $0.00. 13. The City shall pay 100% of the cost of any street lighting included in the project. The design and installation of ornamental streetlights shall be in accordance with the County's specifications. The City's estimated cost for street lighting is $0.00. 14a. The City shall pay to the County 50% of the cost of construction and installation of the whole traffic actuated signal system (including County supplied materials). The City's estimated share of the construction is $91,650.00.- ~- / / i-;r;? . ) l4b. The County shall pay lOO% of all interconnect costs. I 3 P:\02-607 -17 &02-609-11 \02-607 -17\Documents\Construction\Dratt Andover 607-17 IP A.doc , 14c. The City shall pay 100% of Emergency Vehicle Pre- emption (EVP) costs. The City's estimated share of the construction is $7,000.00. 15. The total estimated cost to the City for the project is summarized below: 1. Right-of-Way $ 0.00 2. Construction or Adjustment of Local Utilities $ 0.00 3. Grading, Base & Bituminous $ 0.00 4. Storm Sewer $ 0.00 5. Concrete Curb & Gutter $ 0.00 6. Decorative Medians $ 0.00 7. . Driveway Upgrades $ 0.00 8. Concrete Sidewalk $ 0.00 9. Trails $ 0.00 l1. Street Lights $ 0.00 12. Traffic Signals $ 91,650.00 13. EVP $ 7,000.00 Grand Total Estimated Share To The City $ 98,650.00 14. Construction Engineering Services $ 7,892.00 C. The cost to the City (less Federal Funds) for the project is $53,924.12 as shown on the attached Exhibits A and B. The City participation in construction engineering will be at a rate of 8% of the total estimated share. The estimated cost to the City for construction engineering is $7,892.00. The total estimated construction cost to the City for the project is $61,816.12. 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 the project estimated at $58,725.31. The City's share of the cost of the project shall include only construction and construction engineering expense and does not include administrative expenses incurred by the County. E. Upon final completion of the project, the City's share of the construction cost will be based upon actual construction costs. If necessary, adjustments to the initial 95% charged will be made in the form of credit or additional charges to the City's share. Also, the remaining 5% of the City's portion of the construction costs shall be paid. IV. TERM This Agreement shall continue until terminated as provided hereinafter. V. DISBURSEMENT OF FUNDS 4 P:\02-607-17&02-609-11\02-607-17\Documents\Construction\Dratt Andover 607-17 JPA.doc 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 County in conformance to the State laws. VII. STRICT ACCOUNTABILITY 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. Ifnotice 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 City shall pay its pro rata share of costs which the County 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 CSAH 20, including any necessary extension of power lines. The City shall be the lead agency in this matter. Upon completion of said traffic control signal installation, the ongoing cost of the electrical power to the signal shall be the sole cost and expense of the City. X. MAINTENANCE A. Maintenance of the completed watermain, sanitary sewer, storm sewer (except catch basins and catch basin leads), detention basins (including ponds and their outlet structures and grit chambers/collectors) shall be the sole obligation of the City. B. Maintenance of all trails and sidewalks, including snow plowing, shall be the sole responsibility of the City. C. Maintenance of streetlights and cost of electrical power to the streetlights shall be the sole obligation of the City. D. Maintenance of the completed signal and signal equipment shall be 5 P:\02-607 -17 &02-609-11 \02-607 -17\Documents\Construction\Drau Andover 607-17 JP A.doc the sole obligation of the County. 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 County. F. Painting of the traffic signal shall be the sole obligation of the County. G. Timing of the traffic signal shall be determined by the County. H. Only the County shall have access to the controller cabinet. I. The traffic control signal 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 System 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 S 169.01, Subdivision 5, and S 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 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 Manager of Andover, 1685 Crosstown Blvd. NW, Andover, Minnesota 55304, on behalf of the City. 6 P:\02-607-17 &02-609-11 \02-607 -17\Documents\Construction\DraH Andover 607-17 JP A.doc 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. / 7 P:\02-607 -17 &02-609-11 \02-607 -17\Documents\Construction\Drarr Andover 607-17 JP A.doc IN WITNESS WHEREOF, the parties of this Agreement have hereunto set their hands on the dates written below: COUNTY OF ANOKA CITY OF ANDOVER By: By: Dan Erhart, Chairman Name Anoka County Board Title of Commissioners Dated: Dated: ATTEST: By: By: John "Jay" McLinden Name Anoka County Administrator Title , Dated: Dated: RECOMMENDED FOR APPROVAL: By: By: Jon G. 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WWW.cJ.ANDOVER.MN.US TO: Mayor and Council Members CC: John Erar, City Administratof"" FROM: David D. Berkowitz, City Engineer SUBJECT: Approve Plans & Specs/02-18/ 7th Avenue NW (CSAH 7) & 157th Avenue NW (CSAH 20)ffraffic Signal- Engineering DATE: May 20, 2003 INTRODUCTION As indicated earlier this year to the City Council, the intersection of 7th Avenue NW (CSAH 7) & I 57th Avenue NW (CSAH 20), Project 02-18, will be receiving new traffic signals and turn lane improvements this year. This item is in regards to approving plans and specifications for this improvement. DISCUSSION I Approval of the project by the City Council is required prior to the Anoka County Highway Department proceeding with the project. Note: The plans for the project are available in the Engineering Department for review. BUDGET IMPACT The project will be funded from a combination of Federal, County and City Municipal State Aid Funds. Municipal State Aid Funds are available for the City contribution for the project, see Council Agenda Item #7 for funding allocation. ACTION REOUIRED The City Council is requested to approve the attached resolution approving plans and specifications for Project 02-18, 7th Avenue NW (CSAH 7) & I 57th Avenue NW (CSAH 20). Respectfully submitted, Q~(;:t~~~ David D. Berkowitz CITY OF ANDOVER \ COUNTY OF ANOKA / STATE OF MINNESOTA RES. NO. MOTION by Councilmember to adopt the following: A RESOLUTION APPROVING FINAL PLANS AND SPECIFICATIONS FOR PROJECT NO. 02-18 ,FOR 7TH AVENUE NW (CSAH 7) & 157TH AVENUE NW (CSAH 20). WHEREAS, such final plans and specifications were presented to the City Council for their review on the 20th day of May ,2003. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby approve the Final Plans and Specifications. MOTION seconded by Councilmember and adopted by the City Council at a reqular meeting this 20th day of May , 2003 , 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 Victoria Volk - City Clerk (J) CITY OF ANDOVER / 1685 CROSSTOWN BOULEVARD NW.. ANDOVER, MINNESOTA 55304. (763) 755-5100 FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US TO: Mayor and Council Members CC: John Erar, City Administratorj7r"..- FROM: David D. Berkowitz, City Engineer SUBJECT: Approve Resolution! Allocating Off System Expenditure of City MSA Funds onto County Systems/02-18/7th Avenue NW (CSAH 7) & 157th Avenue NW (CSAH 20)ffraffic Signal- Engineering DATE: May 20, 2003 INTRODUCTION This item is in regards to approving a resolution authorizing expenditures of the City Municipal State Aid (MSA) Street Funds onto the Anoka County State Aid Highway System for the construction of a new traffic signal at the intersection of 7th Avenue NW (CSAH 7) & 157th Avenue NW (CSAH 20), Project 02-18. / DISCUSSION The intersection improvements will be funded through a combination of Federal, County and City funding as indicated in the Exhibits of the Joint Powers Agreement. Based upon the Anoka County Cost Share Policy, the City of Andover will need to contribute funding for a portion of the improvement cost. It is proposed to utilize the City Municipal State Aid Funds for the City's share of the project cost. The proposed intersection improvements and the estimated costs are as follows: Total Estimated Total Estimated City Contribution Project Location Project Cost (MSA Funding) Project 02-18, ih Avenue & 15ih Avenue $754,238.02 $61,816.12 BUDGET IMP ACT The project will be funded from a combination of Federal, County and City Municipal State Aid Funds. The Federal Funding contribution is deducted from the total project cost thus proportionately reducing the City contribution amount. Mayor and Council Members May 20, 2003 '. Page 20f2 / ACTION REOUIRED The City Council is requested to approve the resolution approving the expenditures off the Municipal State Aid Street System and onto the County State Aid Highway System within the City of Andover. Respectfully submitted, ~Q.~ David D. Berkowitz / , CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. A RESOLUTION APPROVING THE EXPENDITURES OFF THE MUNICIPAL STATE AID STREET SYSTEM AND ONTO THE COUNTY STATE AID AND HIGHWAY SYSTEM WITHIN THE CITY OF ANDOVER. WHEREAS, it has been deemed advisable and necessary for the City of Andover to participate in the cost of a construction project located on C.S.A.H. No. 7 and C.S.A.H. No. 20 and within the limits of said municipality; and WHEREAS, said construction project has been approved by the Commissioner of Transportation and identified in his records as (SAP.) No. 198-020-16 & 198-132-01 NOW, THEREFORE, BE IT RESOLVED that we do hereby appropriate from our Municipal State Aid Street Funds the sum of $61.816.12 dollars to apply . " toward the construction of said property and request the Commissioner of , Transportation to approve this authorization. Adopted by the City of Andover this 20th day of. Mav ,2003. CITY OF ANDOVER ATTEST: Michael R. Gamache - Mayor Victoria Volk - City Clerk / (g) '\ CITY OF ANDOVER 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 Administrator,r FROM: Vicki V olk, City Clerk SUBJECT: Declare Assessments in Default/Order Public Hearing/Sunridge/99-36 DATE: May 20, 2003 INTRODUCTION The first half special assessments due on Sunridge, Project 99-36, are in default. DISCUSSION Payment was due on April 15, 2003 for the first half principal and interest due on the lots in Sunridge. The developer has not paid the assessments. According to the terms of the development contract the city, at its option, may declare all of the unpaid assessments due and payable in full with interest. The city can seek recovery from the security provided. However, if the security is insufficient to pay the outstanding assessments the City can certify the balance in full to the County Auditor for payment. BUDGET IMP ACT The first half payment due is $11,197.76 and the total amount of the assessments due is $142,756.60 plus interest. The amount of the developer's letter of credit is $73,000.00, leaving a balance of $69,756.60 plus interest and administrative fees to be calculated upon certification to taxes. ACTION REOUIRED The City Council is requested to declare the special assessments for Sunridge, Project 99-36, in default, direct staff to redeem the letter of credit, and order a public hearing to certify the balance of the assessments to the County Auditor for payment in 2004. Attached is a resolution scheduling the public hearing for Tuesday, June 3, 2003. Respectfully submitted, , CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. A RESOLUTION FOR HEARING ON PROPOSED ASSESSMENT OF DELINQUENT STREET, SANITARY SEWER AND WATERMAIN ASSESSMENTS. WHEREAS, in accordance with the terms of a development contract between DH Land Company, Inc., Sunridge Townhomes, LLC and the City of Andover, a listing of delinquent special assessments has been prepared NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANDOVER, MINNESOTA: 1. A hearing shall be held the 3rd day of June, 2003 at the Andover City Council Chambers to pass upon such proposed assessment and at such time and place all persons affected by such proposed assessment will be given an opportunity to be heard with reference to such assessment. 2. The City Clerk is hereby directed to cause a notice of hearing on the proposed assessment to be published once in the official newspaper at least two weeks prior to the hearing. The Clerk shall also cause mailed notice to be given to the owner of each parcel described in the assessment roll no less than two weeks prior to the meeting. 3. The owner of any property so assessed may at any time prior to certification of the assessment to the County Auditor, pay the whole assessment with no interest. Adopted by the City Council of the City of Andover this day of , 2003. CITY OF ANDOVER Attest: Michael R. Gamache - Mayor Victoria V olk - City Clerk , ~ CITY OF ANDOVER 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304. (763) 755-5100 FAX (763) 755-8923. WWW.C1.ANDOVER.MN.US TO: Mayor and Councilmembers FROM: John F. Erar, City AdministratorPf' SUBJECT: Executive Session Summary - City Administrator Performance Evaluation DATE: May 20, 2003 INTRODUCTION The City Council met in executive session to evaluate the City Administrator's performance on Tuesday, May 6, 2003. DISCUSSION The evaluation of the City administrator was based on eight different categories of specific performance criteria: organizational management, fiscal/business management, program development, long range planning, relationship with Council, relationship with public/public relations, interagency relations, and professional/personal development. In review of these eight categories, the Council majority expressed satisfaction with the performance of the administrator in all but one category of performance. With respect to Council relations, the majority of the Council indicated that additional efforts needed to be \ made by both the administrator and respective Council members to improve working relationships. To assist in this effort, the Council indicated support of additional team-building sessIons to strengthen communications, improve trust and facilitate a more productive working relationship. Mayor Gamache was asked to contact 1-fr. James Brimeyer, management consultant, to facilitate team-building sessions between the Council and the administrator in the near future. BUDGET IMPACT No market compensation adjustments or additional benefits were requested by the administrator or granted by the Council. ACTION REQUIRED The majority of the Council indicated that the administrator had satisfactorily met performance expectations in seven of the eight performance areas listed above, with additional efforts needed by both parties in the area of Council relations. 0 , CITY of ANDOVER ) 1685 CROSSTOWN BOULEVARD N.W. 0 ANDOVER, MINNESOTA 55304 0 (763) 755-5100 FAX (763) 755-8923 0 WWW.cJ.ANDOVER.MN.US TO: Mayor and Councilmembers CC: John Erar, City Administrato~ FROM: Undersheriff Dave King - Sheriffi'Patrol Division SUBJECT: Receive Anoka County Sheriffs Department Monthly Report DATE: May 20, 2003 INTRODUCTION Attached is a copy of the April monthly report. Undersheriff Dave King from the Anoka County Sheriff s Office will be present to provide the Council and the citizens of Andover with an update on law enforcement activities within the City. ) DISCUSSION To be verbally presented. ACTION REQUIRED For Council information. Respectfully submitted, Undersheriff Dave King Anoka County Sheriffs Office B. CITY OF ANDOVER - APRIL, 2003 " / Current Mo. Last Month YTD LAST YTD Radio Calls 890 730 2,999 2,972 Burglaries 6 5 17 33 Thefts 50 61 200 188 Crim.Sex 2 0 5 4 Condo Assault 9 13 33 30 Dam to Prop. 47 29 139 86 Harr. Comm. 10 11 28 25 Felony Arrests 6 6 20 42 Gross Mis. 7 3 21 19 Misd. Arrests 50 28 111 127 DUI Arrests 9 3 18 18 .. ; Domestic Arr. 3 3 13 19 Warrant Arr. 7 17 49 36 Traffic Arr. 136 88 403 816 / / Community Service Officer Report C. CITY OF ANDOVER - APRIL, 2003 Current Month Last Month YTD Last YTD Radio Calls 164 173 574 467 Incident Report 91 83 293 341 Accident 20 22 72 33 Assists Medical Assists 0 0 0 5 Aids: Public 95 83 328 237 Aids: Agency 110 112 463 410 Veh. Lock Out 21 31 115 124 Extra Patrol 118 90 488 444 House Checks 21 32 122 0 Bus. Checks 27 27 86 104 Animal Compl. 64 54 182 173 Traffic Assist 7 4 20 17 @ , CITY of ANDOVER / 1685 CROSSTOWN BOULEVARD N.W. 0 ANDOVER, MINNESOTA 55304 0 (763) 755-5100 FAX (763) 755-89230 WWW.Cl.ANDOVER.MN.US TO: Mayor and Councilmembers CC: John Emr, City Admbn'tmtof--- FROM: Crime Watch Coordinator Laura Landes - Sheriffs Office SUBJECT: Crime Watch Coordinator Update - Sheriff DATE: May 20, 2003 INTRODUCTION Laura Landes from the Anoka County Sheriffs Office will be present to update the Council on her Crime Watch activities within the City. DISCUSSION / To be verbally presented. ACTION REOUIRED For Council information. Respectfully submitted, Laura Landes, Crime Watch Coordinator Anoka County Sheriffs Office / @ CITY OF ANDOVER 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 Administrat01:V Will Neumeister, Communit Development Director [<Ii'^"-. FROM: Courtney Bednarz, City Planne~ SUBJECT: PUBLIC HEARING/Approve Drainage & Utility Easement Vacation/1411 - 152nd Lane NW - Planning DATE: May 20, 2003 INTRODUCTION The City Council is asked to hold a public hearing to consider vacating a portion of the existing drainage and utility easement at the above referenced property. DISCUSSION / The property owner has provided a survey illustrating the existing and proposed drainage and utility easement. The Engineering Department has reviewed the proposed easement vacation and found that the crosshatched areas on the attached survey can be vacated without adversely affecting the storm water management plan for Winslow Hills 3rd Addition. ACTION REQUIRED The Council is asked to hold a public hearing and approve the proposed vacation of easement. Attachments Location Map Resolution Property Survey E'Ubmitt , C n r Cc: Barry Maim, 1411 1520d Lane NW 1411 152nd Lane NW Easement Vacation Q\ ffi ~ /:;:~ Iv, r" - }---::: \ -=\'E ~ ~ II-- J--f- f-_ r--- 1/ IIIIITTT\ f-- '::::1= ~ ~'= ~= ~ ~ c- (~ ~ kf I LJ~ 1 I G~ ~ ~ -l :::::-.. CD z - ~/ ~ ~@/~ / l \~ X -l:::: = 1{'" - v=== = f-- ~::::= _ ~ 1<;(1 N r, I J '----'---I~ /-"1 ,-- 1<nTU I -~ I f- - - - - - - -1 1--1- r-- - ,\ ./ \' f--~ I 1/ J I I I \\ II ~ ~ fE8mEB r- r- ,~ t-- t--_ '-- t-- / ""TO t-- - IT \ I ~ "/ or r-- - V f----I \ := =;::;;.- (\\ ~ N / W~E Project Location Map . Andover Planning -2- CITY OF ANDOVER , COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. - A RESOLUTION GRANTING THE VACATION OF EASEMENT REQUEST OF BARRY MALM TO V ACA TE A PORTION OF THE DRAINAGE AND UTILITY EASEMENT OF LOT 5, BLOCK I WINSLOW HILLS 3RD ADDITION WHEREAS, Barry Maim has requested to vacate a portion of a drainage and utility easement located on property legally described as: Lot 5, Block 1 Winslow Hills 3rd Addition, Anoka County, Minnesota WHEREAS, that portion of the drainage and utility easement to be vacated is legally described indicated on Exhibit A, the survey dated April 23, 2003 stamped received by the City of Andover May 6, 2003. WHEREAS, the City Council finds the request would not have a detrimental effect upon the health, safety, moral, and general welfare ofthe City of Andover; and WHEREAS, a public hearing was held and there was no opposition to the request. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby grants the vacation of the drainage and utility easement as requested subject to the following conditions: 1) That the request is subject to a sunset clause. If the City Council determines that no significant progress has been made within the first twelve months from the approval date the resolution shall be null and void. 2) The remaining drainage and utility easement shall conform to Exhibit A, the survey dated April 23, 2003 stamped received by the City of Andover May 6, 2003. Adopted by the City Council of the City of Andover on this _ th day of May 2003. CITY OF ANDOVER ATTEST Michael R. Gamache, Mayor Victoria V olk, City Clerk -3- HY - LAND SURVEYING, P.A. EXHIBIT A LAND SURVEYORS Top of Block INVOICE NO. 25521 - LOOSE LEAF 8700 Jefferson Highway F.B. NO. SCALE 1"= 3D' - Garage Footing Osseo, Minnesota 55369 Lowest Footing PHONE (763)493-5761 0 Denotes Iron Monument - FAX (763)493-5781 TWe of Building - g,unrtyors ClJtriifirnlt 0 Denotes Wood Hub Set For Excavation Only ~ Denotes Easement to N be vocoted .. AS-BUlL f' W E BARRY MALM RECEIVED B99.6 MAY 6 ,003 S ~~. CITY OF ANDOVER #<?J ro~"\.O C~O 901.6 x / - ~ Z 69-40)( j Westerly corner of lot 5 893_1:0: \ ~ @ PONQ 890.1 C\1 10 ...., POND I L -Most Southerly corner of Lot 5 DRAINAGR AND lTI'ILITY EASEMF.HT TO BE VACATED That part of the drainage and utility easement all dedicated on the plat of KINSLOW HILLS JRD ADDITIOIf. according to the duly recorded plat thereof, described as follows: C~ncing at the -.ost westerly corner of Lot 5, Block I, said tfINSLOM' HILLS 3RD ADDITION; thence North 51 degrees 48 Minutes 18 seconds East, assumed bearing, along thl!!l northwestl!!lrly. line of said Lot 5 a distance of 66.52 feet; thence on a bearing of East a distance.of 16.17 feet to the point of beginning of the land to be herein described, thence continuing on a bearing of Bast, a distance of 55.83 feet; thence North 17 degrees 24 .inutes 52 seconds West a distance of 36.92 feet: thence South 51 degrees 48 .inutes 18 seconds West.. distance of 56.98 feet to the point of beginning. DRAIHAGR AIm 11TII.TTY RA..qEMF.NT TO BE VACATRD That part of the drainage and' utility easement as dedicated on the plat of WINSLOW HILLS 3RD ADDITIOfI', according to the duly recorded plat thereof, described as follows: ~ncing at the .:1st southerly corner of Lot 5, Block 1, said WINSLOW HILLS 3RD ADDITION; thence North 71 degrees 04 Minutes 58 seconds East, 8S8Ullled bearing, along the southeasterly line of said Lot 5 a distance.of 95.10 feet; thence North 17 degrees 24 ainutes 52 seconds West a distance of 16.96 feet to the point of beginning of the land to be herein described: thence South 82 degrees 43 Minutes 44 seconds West. distance of 16.00 feet; thence North 07 degrees 16 Minutes 16 seconds Hest .. distance of 20.00 feet; thence North 82 degrees 43 Minutes 44 seconds East a distance of 12.42 feet; thence South 17 degrees 24 minutes 52 seconds Kallt a distance of 20.32 feet to the point of beginning. 1 survey Is certified only to lhe above named person or perllonll , not to lubsequent Ownerl, mortgages or title Insurers. A~e b~lln;a~~:~I~~h~,: c;r:o/r::v::r::lI o~~:fob~ :..m~db;t~~enrOvided by client. I hef"eby cef"tify that this survey was prepared by me or undl!r my direct supenAsion, and thot I om a duly Registered land Surveyor under the laws of the State of Minnesota. Signed Surveyed by us this 2Jrd day of April . 20 03 -1- <;?ev. "'~~. .,,~. ."",o~ @ CITY OF ANDOVER 1685 CROSSTOWN BOULEVARD NW.. ANDOVER, MINNESOTA 55304. (763) 755-5100 FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US TO: Mayor and Council Members CC: John Emr, City Admioi_to~:~ David D. Berkowitz, City En ineer':L:>'"DJ?> FROM: Todd J. Haas, Asst. City Engineer SUBJECT: Hold Public Hearing/02-39/Red Oaks Manor 1st_4th Addns. & Unplatted Portions of Sections 33 & 34 - Engineering DATE: May 20, 2003 INTRODUCTION This item is to hold a public hearing in regards to installing street lights in the neighborhood. DISCUSSION The City of Andover received a petition (original petition attached) from the neighborhood to , consider installing street lights within the area last fall. Ann Hoag, resident of Red Oaks, has been the leading resident advocate and is still obtaining resident signatures. Petition results will be presented at the Council meeting for your consideration as to the number in favor of the street lights. Attached are the following: -Resolution ordering improvement -Letter to property owners -Public Hearing Notice -List of property owners -Copy of original petition -Map of area -Map showing proposed street light locations As a reminder, the total number of lots that benefit from the installation of street lights is 175 City lots. The estimated cost of such improvement per Connexus Energy is $90,608.73 for Option I which includes 24 standard traditionaires and 5 cobra heads on existing wood poles. Option 2 is $116,336.83 for 24 acoms on fluted poles and 5 cobra heads on existing wood poles. Based on 175 lots that benefit from the street lighting, the quarterly payment per lot for the first 5 years would be as follows: D Option 1 - 24 standard traditionaires/5 cobra heads - $30.05 (cost & installation oflights) per quarter plus $6.00 (maintenance & operation) per quarter = $36.05 per quarter Mayor and Council Members May 20, 2003 Page 20f2 I o Option 2 - 24 acorn style/5 cobra heads - $38.58 (cost & installation of lights) per quarter plus $6.00 (maintenance & Operation) per quarter = $44.58 per quarter BUDGET IMP ACT The cost of the improvement will be the responsibility of the property owners and will be billed by Connexus Energy. ACTION REOUIRED The City Council is requested to approve the resolution ordering the improvement of Project 02- 39, Red Oaks Manor 15t_4th Addns. & Unplatted Portions of Sections 33 & 34, Township 32, Range 24. Respectfully submitted, txr~~ / I CITY OF ANDOVER COUNTY OF ANOKA / STATE OF MINNESOTA RES. NO. MOTION by Councilmember to adopt the following: A RESOLUTION ORDERING THE IMPROVEMENT OF PROJECT NO. 02-39. RED OAKS MANOR 1ST-4TH ADDITIONS & UNPLATTED PORTIONS OF SECTIONS 33 & 34. TOWNSHIP 32. RANGE 24 . 6th WHEREAS, Resolution No. 094-03 of the City Council adopted on the day of May ,2003, fixed a date for a public hearing; and WHEREAS, pursuant to the required published and mailed notice such hearing was held on the 20th day of May, 2003; and WHEREAS, all persons desiring to be heard were given such opportunity for same; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby order improvement Project No. 02-39 , MOTION seconded by Councilmember and adopted by the City Council at a reqular meeting this 20th day of May , 2003, 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 Victoria Volk - City Clerk / , , ~ - CITY of ANDOVER , 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (763) 755-5100 FAX (763) 755-8923 May 7,2003 Re: Proposed Improvement: Street Lighting/Red Oaks Manor 1st-4th Additions & Unplatted Portions of Property Located in Sections 33 & 34, Township 32, Range 24/Project02-39> Dear Resident: Enclosed please find a notice of hearing on improvement of street lighting in the above described area. Discussion: Due to some concerns that have been raised by residents living in the area and petition that has been submitted by the neighborhood, the City Council has requested the consideration of installing street lights in the neighborhood. The billing per lot for 5 years will be approximately $36.05 quarterly for the standard traditionaire including energy and maintenance costs or $44.58 per quarter for the acorns on fluted poles including , energy and maintenance costs. After 5 years the installation and cost of the light will drop off but the , / quarterly energy and maintenance costs will be ongoing. The energy and maintenance costs may increase or decrease depending on Connexus Energy's future maintenance and operation charges. . The style of light available is a standard traditionaire four sided light on a black pole or acorn style on a black pole. If you are interested. in the appearance of the 4 sided decorative street light or the intensity of the light itself, please drive to this housing project (Kensington Estates) which is located right directly north of your neighborhood. The acorn style can be viewed in the development known as Nature's Run located in the southwest corner of. the intersection of Andover Boulevard NW and Hanson Boulevard NW. For those that have not signed the petition last fall or this spring, feel free to stop by City Hall at the front receptionist desk to sign the petition. If you have any questions, feel free to contact me or Dave Berkowitz, City Engineer at (763)755-5100. Sincerely, ~~~. Todd J. Haas Asst. City Engineer SE:rja Ene!. / cc: Mayor & City Council , , CITY of ANDOVER 1685 CROSSTOWN BOULEVARD NW.. ANDOVER, MINNESOTA 55304. (763) 755-5100 FAX (763) 755-8923 f \ i CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA NOTICE OF HEARING ON IMPROVEMENT PROJECT NO. 02-39 RED OAKS MANOR 1ST-4TH ADDITIONS & UNPLATTED PORTIONS OF THE PROPERTY LOCATED IN NORTHEAST X ON NORTHEAST X OF SECTION 33, TOWNS IP 32, RANGE 24 AND A PORTION,OF THE NORTHWEST X OF THE RTHWEST X OF SECTION 33, TOWNSHIP 32, RANGE 24. NOTICE IS HEREB GIVEN that the City of Andover, Ano County, Minnesota will meet at the Andover City II, 1685 Crosstown Boulevard in the City of Andover, on Tuesday, May 20, 2003 a :00 PM to consider the m ng of the following improvements: Street Light' g The property to be assessed, rsuant . to innesota Statutes Section 429, for the improvement is within the following d area: ' \ Red Oaks Manor 1 st t A . ions & Unplatted Portions of the Property Located in Northeast 1 on North st X of Section 33, Township 32, Range 24 and a Portion of the North st X of the No west X of Section 33, Township 32, Range 24. The estimated cost of s h improvement is $$90,608.73 for 4 standard traditionaires and 5 cobra heads on ~ ing wood poles or $116,336.83 for 24 a rns on fluted poles and 5 cobra heads oZ' ting wood poles. Such persons s desire to be heard with reference to the proposed impr ement will be heard at this meeting. CITY OF ANDOVER ~.;p l)~ Victoria Volk - City Clerk Publication Dates: 5-9-03 5-16-03 / " I , , CITY.of ANDOVER , 1685 CROSSTOWN BOULEVARO NW.. ANDOVER, MINNESOTA 55304. (763) 755-5100 FAX (763) 755-8923 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA NOTICE OF HEARING ON IMPROVEMENT PROJECT NO. 02-39 RED OAKS MANOR 1ST-4TH ADDITIONS & UNPLATTED PORTIONS OF THE PROPERTY LOCATED IN NORTHEAST X ON NORTHEAST X OF SECTION 33, TOWNSHIP 32, RANGE 24 AND A PORTION OFTHE NORTHWEST X OF THE . NORTHWEST X OF SECTION 33, TOWNSHIP 32, RANGE 24. NOTICE IS HEREBY GIVEN that the City of Andover, Anoka County, Minnesota will meet at the Andover City Hall, 1685 Crosstown. Boulevard NW in the City of Andover, on Tuesday, May 20, 2003 at 7:00 PM to consider the making of the following improvements: Street Lighting The property to be assessed, pursuant'to Minnesota Statutes Section 429, for the improvement is within the following described area: Red Oaks Manor 1s1-41h Additions & Unplatted Portions of . the Property Located in Northeast X on Northeast X of Section 33, Township 32, Range 24 and a Portion of the Northwest X of the Northwest X of Section 33, Township 32, Range 24. The estimated cost of such improvement is $$90,608.73 for24 standard traditionaires and 5 cobra heads on existing wood poles or $116,336.83 for 24 acorns on. fluted poles and 5 cobra heads on existing wood poles. Such persons as desire t6 be heard with reference to the proposed improvement will be . heard at this meeting. CITY OF ANDOVER ~~/)~ Victoria Volk - City Clerk Publication Dates: 5-9-03 5-16-03 ,. ANDOVER ClOY OF ANDOVER ClOY OF CURRENT RESIDENT 0 0 14063 CROSSTOWN BLVD ANDOVER, MN 55304 ANDOVER, MN 55304 ANDOVER, MN 55304 CURRENT RESIDENT CURRENT RESIDENT CURRENT RESIDENT 14015 PARTRIDGE ST 2230 140TH AVE 14002 PARTRIDGE ST ANDOVER, MN 55304 ANDOVER, MN 55304 ANDOVER, MN 55304 CURRENT RESIDENT CURRENT RESIDENT CURRENT RESIDENT 14005 RAVEN ST 14001 PARTRIDGE ST 2309140TH AVE ANDOVER, MN 55304 ANDOVER, MN 55304 ANDOVER, MN 55304 CURRENT RESIDENT CURRENT RESIDENT CURRENT RESIDENT 13917 UPLANDER ST 14001 NIGHTINGALE'ST 2053 139TH LN ANDOVER, MN 55304 ANDOVER, MN 55304 ANDOVER, MN 55304 CURRENT RESIDENT CURRENT RESIDENT CURRENT RESIDENT 13928 QUINN ST 14056 RAVEN ST 2D66139TH LN ANDOVER, MN 55304 ANDOVER, MN 55304 ANDOVER. MN 55304 CURRENT RESIDENT CURRENT RESIDENT CURRENT RESIDENT 13929 QUINN ST 2322139TH AVE 13910 UPLANDER ST ANDOVER, MN 55304 ANDOVER, MN 55304 ANDOVER, MN 55304 CURRENT RESIDENT CURRENT RESIDENT CURRENT RESIDENT 2263 140TH AVE 13929 RAVEN ST 13934 PARTRIDGE ST ANDOVER, MN 55304 ANDOVER, MN 55304 ANDOVER, MN 55304 333224110014 CURRENT RESIDENT CURRENT RESIDENT Louis & Dorolhea RosDurg 13958 NIGHTINGALE ST 13959 NIGHTINGALE ST 2407 - 139111 Ave. NW ANDOVER, MN 55304 ANDOVER, MN 55304 Andover, MN 55304 CURRENT RESIDENT CURRENT RESIDENT CURRENT RESIDENT 14049 RAVEN ST 2407139TH AVE 2310 139TH AVE ANDOVER, MN 55304 ANDOVER, MN 55304 ANDOVER, MN 55304 'JRRENT RESIDENT CURRENT RESIDENT CURRENT RESIDENT _J60 139TH LN 13918 QUINN ST 2249140TH AVE ANDOVER, MN 55304 ANDOVER, MN 55304 ANDOVER, MN 55304 ~ CURRENT RESIDENT CURRENT RESIDENT CURRENT RESIDENT 13901 UPLANDER ST 0 13931 PARTRIDGE ST ANDOVER, MN 55304 ANDOVER, MN 55304 ANDOVER, MN 55304 , , CURRENT RESIDENT CURRENT RESIDENT ANDOVER CITY OF 2229140TH AVE 13919 QUINN ST 0 ANDOVER, MN 55304 ANDOVER, MN 55304 ANDOVER, MN 55304 CURRENT RESIDENT CURRENT RESIDENT CURRENT RESIDENT 2239 140TH AVE 2039 139TH lN 13922 PARTRIDGE ST ANDOVER, MN 55304 ANDOVER, MN 55304 ANDOVER, MN 55304 CURRENT RESIDENT CURRENT RESIDENT CURRENT RESIDENT 13900 UPlANDER ST 2302139TH AVE 2326 140TH AVE ANDOVER, MN 55304 ANDOVER, MN 55304 ANDOVER, MN 55304 CURRENT RESIDENT CURRENT RESIDENT CURRENT RESIDENT 13949 NIGHTINGAlE ST 13946 NIGHTINGAlE ST 13908 QUINN ST ANDOVER, MN 55304 ANDOVER, MN 55304 ANDOVER, MN 55304 \ CURRENT RESIDENT CURRENT RESIDENT CURRENT RESIDENT 2248 139TH AVE 13909 QUINN ST 13910 PARTRIDGE ST ANDOVER, MN 55304 ANDOVER, MN 55304 ANDOVER, MN 55304 CURRENT RESIDENT CURRENT RESIDENT CURRENT RESIDENT 13921 PARTRIDGE ST 2052139TH lN 2242 139TH AVE ANDOVER, MN 55304 ANDOVER, MN 55304 ANDOVER, MN 55304 CURRENT RESIDENT CURRENT RESIDENT CURRENT RESIDENT 2232 139TH AVE 13960 UPLANDER ST 2222 139TH AVE ANDOVER. MN 55304 ANDOVER, MN 55304 ANDOVER, MN 55304 CURRENT RESIDENT CURRENT RESIDENT CURRENT RESIDENT 13939 NIGHTINGALE ST 2331139TH AVE 2321139TH AVE ANDOVER, MN 55304 ANDOVER, MN 55304 ANDOVER, MN 55304 CURRENT RESIDENT CURRENT RESIDENT CURRENT RESIDENT .' \ , 2341 139TH AVE 14085 RAVEN ST 2311139THAVE \ ANDOVER, MN 55304 ANDOVER. MN 55304 ANDOVER, MN 55304 ~ CURRENT RESIDENT CURRENT RESIDENT CURRENT RESIDENT 13901 UPLANDER ST 0 13931 PARTRIDGE ST ANDOVER, MN 55304 ANDOVER, MN 55304 ANDOVER, MN 55304 CURRENT RESIDENT CURRENT RESIDENT ANDOVER CITY OF 2229 140TH AVE 13919 QUINN ST 0 ANDOVER, MN 55304 . ANDOVER, MN 55304 ANDOVER, MN 55304 CURRENT RESIDENT CURRENT RESIDENT CURRENT RESIDENT 2239140TH AVE 2039 139TH LN 13922 PARTRIDGE ST ANDOVER, MN 55304 ANDOVER, MN 55304 ANDOVER, MN 55304 CURRENT RESIDENT CURRENT RESIDENT CURRENT RESIDENT 13900 UPLANDER ST 2302139TH AVE 2326 140TH AVE ANDOVER, MN 55304 ANDOVER, MN 55304 ANDOVER, MN 55304 CURRENT RESIDENT CURRENT RESIDENT CURRENT RESIDENT 13949 NIGHTINGALE ST 13946 NIGHTINGALE ST 13908 QUINN ST ANDOVER, MN 55304 ANDOVER, MN 55304 ANDOVER, MN 55304 l.;IJRRENT RESIDENT CURRENT RESIDENT CURRENT RESIDENT 2248 139TH AVE 13909 QUINN ST 13910 PARTRIDGE ST ANDOVER, MN 55304 ANDOVER. MN 55304 ANDOVER, MN 55304 CURRENT RESIDENT CURRENT RESIDENT CURRENT RESIDENT 13921 PARTRIDGEST 2052139TH LN 2242 139TH AVE ANDOVER, MN 55304 ANDOVER, MN 55304 ANDOVER, MN 55304 CURRENT RESIDENT CURRENT RESIDENT CURRENT RESIDENT 2232139TH AVE 13960 UPLANDER ST 2222139TH AVE ANDOVER, MN 55304 ANDOVER, MN 55304 ANDOVER, MN 55304 CURRENT RESIDENT CURRENT RESIDENT CURRENT RESIDENT 13939 NIGHTINGALE ST 2331139TH AVE 2321139TH AVE ANDOVER, MN 55304 ANDOVER, MN 55304 ANDOVER, MN 55304 RRENT RESIDENT CURRENT RESIDENT CURRENT RESIDENT '_ .41139TH AVE 14085 RAVEN ST 2311139THAVE ANDOVER, MN 55304 ANDOVER, MN 55304 ANDOVER, MN 55304 ~ CURRENT RESIDENT CURRENT RESIDENT CURRENT RESIDENT 2115136TH AVE 2105136TH AVE 2061136TH AVE ANDOVER, MN 55304 ANDOVER, MN 55304 ANDOVER, MN 55304 CURRENT RESIDENT CURRENT RESIDENT CURRENT RESIDENT 2051136THAVE 2041 136TH AVE 13606 QUINN ST ANDOVER, MN 55304 ANDOVER, MN 55304 ANDOVER, MN 55304 CURRENT RESIDENT CURRENT RESIDENT CURRENT RESIDENT 2135 136TH AVE 13809 NIGHTINGALE ST 13796 QUINN ST ANDOVER. MN 55304 ANDOVER, MN 55304 ANDOVER, MN 55304 CURRENT RESIDENT CURRENT RESIDENT CURRENT RESIDENT 13802 NIGHTINGALE ST 2316 140TH AVE 2140 138TH AVE ANDOVER, MN 55304 ANDOVER, MN 55304 ANDOVER, MN 55304 CURRENT RESIDENT CURRENT RESIDENT CURRENT RESIDENT 2130 136TH AVE 2120 138TH AVE 2110 136TH AVE ANDOVER. MN 55304 ANDOVER, MN 55304 ANDOVER, MN 55304 CURRENT RESIDENT CURRENT RESIDENT CURRENT RESIDENT 13768 QUINN ST 2100 136TH AVE 2054 136TH AVE ANDOVER, MN 55304 ANDOVER, MN 55304 ANDOVER, MN 55304 CURRENT RESIDENT CURRENT RESIDENT CURRENT RESIDENT 2044136THAVE 2034136TH AVE 2024136TH AVE ANDOVER, MN 55304 ANDOVER, MN 55304 ANDOVER, MN 55304 CURRENT RESIDENT CURRENT RESIDENT CURRENT RESIDENT 13950 UPLANDER ST 2016 138TH AVE 13919 RAVEN ST ANDOVER, MN 55304 ANDOVER, MN 55304 ANDOVER, MN 55304 OSHODI EMMANUEL 0 CURRENT RESIDENT CURRENT RESIDENT 13909 RAVEN ST 0 0 ANDOVER, MN 55304 ANDOVER, MN ANDOVER, MN 55304 URRENT RESIDENT CURRENT RESIDENT CURRENT RESIDENT .4031 NIGHTINGAlE ST 2205 140TH LN 14036 PARTRIDGE ST ANDOVER, MN 55304 ANDOVER, MN 55304 ANDOVER, MN 55304 A-~ CURRENT RESIDENT CURRENT RESIDENT CURRENT RESIDENT 13910 NIGHTINGALE ST 2104139THAVE 13909 NIGHTINGAlE ST ANDOVER, MN 55304 ANDOVER, MN 55304 ANDOVER, MN 55304 '\ CURRENT RESIDENT CURRENT RESIDENT CURRENT RESIDENT 13848 QUINN ST 13849 QUINN ST 13850 OSAGE ST ANDOVER, MN 55304 ANDOVER, MN 55304 ANDOVER, MN' 55304 CURRENT RESIDENT CURRENT RESIDENT 2056 139TH AVE 13860 OSAGE ST ANDOVER, MN 55304 . - - ANDOVER. MN 55304 - CURRENT RESIDENT CURRENT RESIDENT CURRENT RESIDENT 13839 NIGHTINGALE ST 13838 QUINN ST 13839 QUINN ST ANDOVER, MN 55304 ANDOVER, MN 55304 ANDOVER, MN 55304 CURRENT RESIDENT CURRENT RESIDENT CURRENT RESIDENT 13885 OSAGE ST 13835 OSAGE ST 13838 NIGHTINGALE ST ANDOVER, MN 55304 ANDOVER, MN 55304 ANDOVER, MN 55304 CURRENT RESIDENT CURRENT RESIDENT CURRENT RESIDENT 13875 OSAGE ST 13828 QUINN ST 13829 QUINN ST ANDOVER, MN 55304 ANDOVER, MN 55304 ANDOVER, MN 55304 CURRENT RESIDENT CURRENT RESIDENT CURRENT RESIDENT 14036 RAVEN ST 13829 NIGHTINGALE ST 13828 NIGHTINGAlE ST ANDOVER, MN 55304 ANDOVER, MN 55304 ANDOVER, MN 55304 CURRENT RESIDEONT CURRENT RESIDENT CURRENT RESIDENT 13865 OSAGE ST 13845 OSAGE ST 13855 OSAGE ST ANDOVER, MN 55304 ANDOVER, MN 55304 ANDOVER, MN 55304 CURRENT RESIDENT CURRENT RESIDENT CURRENT RESIDENT 13818 QUINN ST 13819 QUINN ST 13819 NIGHTINGAlE ST ANDOVER, MN 55304 ANDOVER, MN 55304 ANDOVER, MN 55304 - CURRENT RESIDENT CURRENT RESIDENT CURRENT RESIDENT I 13808 NIGHTINGALE ST 2125 138TH AVE 14043 NIGHTINGALE ST , ANDOVER, MN 55304 ANDOVER, MN 55304 ANDOVER, MN 55304 ~ CURRENT RESIDENT CURRENT RESIDENT CURRENT RESIDENT 13910 NIGHTINGALE ST 2104 139TH AVE 13909 NIGHTINGALE ST ANDOVER, MN 55304 ANDOVER, MN 55304 ANDOVER. MN 55304 / CURRENT RESIDENT CURRENT RESIDENT CURRENT RESIDENT 13848 QUINN ST 13849 QUINN ST 13850 OSAGE ST ANDOVER, MN 55304 ANDOVER, MN 55304 ANDOVER, MN' 55304 CURRENT RESIDENT CURRENT RESIDENT 2056 139TH AVE 13860 OSAGE ST ANDOVER, MN 55304 . - - ANDOVER. MN 55304 - CURRENT RESIDENT CURRENT RESIDENT CURRENT RESIDENT 13839 NIGHTINGALE ST 13838 QUINN ST 13839 QUINN ST ANDOVER, MN 55304 ANDOVER, MN 55304 ANDOVER, MN 55304 CURRENT RESIDENT CURRENT RESIDENT CURRENT RESIDENT 13885 OSAGE ST 13835 OSAGE ST 13838 NIGHTINGALE ST ANDOVER, MN 55304 ANDOVER, MN 55304 ANDOVER, MN 55304 , CURRENT RESIDENT CURRENT RESIDENT .;URRENT RESIDENT 13875 OSAGE ST 13828 QUINN ST 13829 QUINN ST ANDOVER, MN 55304 ANDOVER, MN 55304 ANDOVER, MN 55304 CURRENT RESIDENT CURRENT RESIDENT CURRENT RESIDENT 14036 RAVEN ST 13829 NIGHTINGALE ST 13828 NIGHTINGALE ST ANDOVER, MN 55304 ANDOVER, MN 55304 ANDOVER, MN 55304 CURRENT RESID~NT CURRENT RESIDENT CURRENT RESIDENT 13865 OSAGE ST 13845 OSAGE ST 13855 OSAGE ST ANDOVER, MN 55304 ANDOVER, MN 55304 ANDOVER, MN 55304 CURRENT RESIDENT CURRENT RESIDENT CURRENT RESIDENT 13818 QUINN ST 13819 QUINN ST 13819 NIGHTINGALE ST ANDOVER. MN 55304 ANDOVER, MN 55304 ANDOVER, MN 55304 . JRRENT RESIDENT CURRENT RESIDENT CURRENT RESIDENT ,808 NIGHTINGALE ST 2125138TH AVE 14043 NIGHTINGALE ST ANDOVER, MN 55304 ANDOVER. MN 55304 ANDOVER, MN 55304 ~ CURRENT RESIDENT CURRENT RESIDENT CURRENT RESIDENT 2351139THAVE 2077 139TH AVE 2044 139TH LN ANDOVER, MN 55304 ANDOVER, MN 55304 ANDOVER, MN 55304 34 32 24 22 0044 CURRENT RESIDENT GARY & BEVERLY AUFDERHAR CURRENT RESIDENT 2361139TH AVE 2262 -140TH AVE. NW 2487 139TH AVE ANDOVER, MN 55304 ANDOVER, MN 55304 ANDOVER, MN 55304 CURRENT RESIDENT CURRENT RESIDENT CURRENT RESIDENT 2301139THAVE 0 13929 NIGHTINGALE ST ANDOVER, MN 55304 ANDOVER, MN 55304 ANDOVER, MN 55304 CURRENT RESIDENT CURRENT RESIDENT CURRENT RESIDENT 13870 QUINN ST 2036 139TH LN 13871 QUINN ST ANDOVER. MN 55304 ANDOVER, MN 55304 ANDOVER. MN 55304 CURRENT RESIDENT CURRENT RESIDENT CURRENT RESIDENT 2065 139TH AVE 2201139TH AVE 2026 139TH LN ANDOVER, MN 55304 ANDOVER, MN 55304 ANDOVER, MN 55304 / CURRENT RESIDENT CURRENT RESIDENT CURRENT RESIDENT 2215 140TH LN 2261139THAVE 2211139THAVE ANDOVER, MN 55304 ANDOVER, MN 55304 ANDOVER, MN 55304 CURRENT RESIDENT CURRENT RESIDENT CURRENT RESIDENT 2128139THAVE 2251139THAVE 2221 139TH AVE ANDOVER, MN 55304 ANDOVER, MN 55304 ANDOVER, MN 55304 CURRENT RESIDENT CURRENT RESIDENT CURRENT RESIDENT 2053 139TH AVE 13919 NIGHTINGALE ST 2116 139TH AVE ANDOVER, MN 55304 ANDOVER, MN 55304 ANDOVER, MN 55304 CURRENT RESIDENT CURRENT RESIDENT CURRENT RESIDENT 2241139THAVE 2231139THAVE 2322 140TH AVE ANDOVER, MN 55304 ANDOVER. MN 55304 ANDOVER, MN 55304 ;URRENT RESIDENT CURRENT RESIDENT CURRENT RESIDENT '13859 QUINN ST 13858 QUINN ST 2041 139TH AVE ANDOVER, MN 55304 ANDOVER, MN 55304 ANDOVER, MN 55304 .~ CURRENT RESIDENT CURRENT RESIDENT CURRENT RESIDENT 14020 RAVEN ST 14021 NIGHTINGALE ST 13940 UPLANDER ST ANDOVER, MN 55304 ANDOVER, MN 55304 ANDOVER, MN 55304 , " CURRENT RESIDENT CURRENT RESIDENT CURRENT RESIDENT 14035 RAVEN ST 2310 140TH AVE 14027 QUINN ST ANDOVER, MN 55304 ANDOVER, MN 55304 ANDOVER, MN 55304 CURRENT RESIDENT CURRENT RESIDENT MEULNERS DONALD C 14014 PARTRIDGE ST 14024 PARTRIDGE ST 2304 140TH AVE ANDOVER, MN 55304 ANDOVER, MN 55304 ANDOVER, MN 55304 CURRENT RESIDENT CURRENT RESIDENT CURRENT RESIDENT 2334140TH AVE 14022 RAVEN ST 13951 UPLANDER ST ANDOVER, MN 55304 ANDOVER, MN 55304 ANDOVER, MN 55304 CURRENT RESIDENT CURRENT RESIDENT CURRENT RESIDENT 14008 PARTRIDGE ST 2262 140TH AVE 13930 UPLANDER ST ANDOVER, MN 55304 ANDOVER, MN 55304 ANDOVER, MN 55304 / " CURRENT RESIDENT CURRENT RESIDENT CURRENT RESIDENT 2252 140TH AVE 14035 PARTRIDGE ST 14016 QUINN ST ANDOVER, MN 55304 ANDOVER. MN 55304 ANDOVER, MN 55304 CURRENT RESIDENT CURRENT RESIDENT CURRENT RESIDENT 14017 QUINN ST 2240 140TH AVE 2330 140TH AVE ANDOVER, MN 55304 ANDOVER, MN 55304 ANDOVER. MN 55304 CURRENT RESIDENT CURRENT RESIDENT CURRENT RESIDENT 14011 NIGHTINGALE ST 14022 NIGHTINGALE ST 14015 RAVEN ST ANDOVER, MN 55304 ANDOVER, MN 55304 ANDOVER. MN 55304 CURRENT RESIDENT CURRENT RESIDENT CURRENT RESIDENT 14025 PARTRIDGE ST 2311140TH AVE 13933 UPLANDER ST ANDOVER, MN 55304 ANDOVER, MN 55304 ANDOVER, MN 55304 , \ CURRENT RESIDENT CURRENT RESIDENT CURRENT RESIDENT , , 14006 NIGHTINGALE ST 14007 QUINN ST 14006 QUINN ST I ANDOVER, MN 55304 ANDOVER, MN 55304 ANDOVER, MN 55304 ~- CURRENT RESIDENT CURRENT RESIDENT CURRENT RESIDENT 14020 RAVEN ST 14021 NIGHTINGALE ST 13940 UPLANDER ST ANDOVER, MN 55304 ANDOVER, MN 55304 ANDOVER, MN 55304 CURRENT RESIDENT CURRENT RESIDENT CURRENT RESIDENT 14035 RAVEN ST 2310 140TH AVE 14027 QUINN ST ANDOVER, MN 55304 ANDOVER, MN 55304 ANDOVER, MN 55304 CURRENT RESIDENT CURRENT RESIDENT MEULNERS DONAlD C 14014 PARTRIDGE ST 14024 PARTRIDGE ST 2304140TH AVE ANDOVER, MN 55304 ANDOVER, MN 55304 ANDOVER, MN 55304 CURRENT RESIDENT CURRENT RESIDENT CURRENT RESIDENT 2334140TH AVE 14022 RAVEN ST 13951 UPLANDER ST ANDOVER, MN 55304 ANDOVER, MN 55304 ANDOVER, MN 55304 CURRENT RESIDENT CURRENT RESIDENT CURRENT RESIDENT 14008 PARTRIDGE ST 2262 140TH AVE 13930 UPLANDER ST ANDOVER, MN 55304 ANDOVER, MN 55304 ANDOVER, MN 55304 CURRENT RESIDENT CURRENT RESIDENT CURRENT RESIDENT 2252 140TH AVE 14035 PARTRIDGE ST 14016 QUINN ST ANDOVER, MN 55304 ANDOVER, MN 55304 ANDOVER, MN 55304 CURRENT RESIDENT CURRENT RESIDENT CURRENT RESIDENT 14017 QUINN ST 2240 140TH AVE 2330 140TH AVE ANDOVER, MN 55304 ANDOVER, MN 55304 ANDOVER, MN 55304 CURRENT RESIDENT CURRENT RESIDENT CURRENT RESIDENT 14011 NIGHTINGALE ST 14022 NIGHTINGALE ST 14015 RAVEN ST ANDOVER, MN 55304 ANDOVER, MN 55304 ANDOVER, MN 55304 CURRENT RESIDENT CURRENT RESIDENT CURRENT RESIDENT 14025 PARTRIDGE ST 2311140THAVE 13933 UPLANDER ST ANDOVER, MN 55304 ANDOVER, MN 55304 ANDOVER, MN 55304 ~URRENT RESIDENT CURRENT RESIDENT CURRENT RESIDENT .4006 NIGHTINGALE ST 14007 QUINN ST 14006 QUINN ST ANDOVER, MN 55304 ANDOVER, MN 55304 ANDOVER, MN 55304 f'S' CURRENT RESIDENT ROSBURG STEPHEN T MANDY MICHAEL L & CHERYL L 13920 UPLANDER ST 13969 CROSSTOWN BLVD 2487 139TH AVE /-NIl ANDOVER. MN 55304 ANDOVER, MN 55304 ANDOVER, MN 55304 --- ~- ~- , ., -- / CITY of ANDOVER 1685 CROSSTOWN BOULEVARD NW.. ANDOVER, MINNESOTA 55304. (763) 755~5100 FAX (763) 755-8923, Date: No. Andover City Council Members: We, the undersigned, owners of real property in the following described area: gED .:::>Af;:.S 'MAt\) D/Z. ' 1-4i (...... AJi,'+t i)~\ S " Do hereby petition that said portion of said 'area be improved by cOnstruction, of City s~r' t-/4h.-rs ' " " ,', ,', 'J , , :.' ' " , and that the cost of said improvement be assessed against the benefiting property, as authori,zed by , Chapter 429, Laws of Minnesota. , / Address: .G:\DA.TA\STAFf'RHONDMIFORMS\nlllighborhood petiUOfI.doc' . r~y~~t~~~~Yf~#Y58~'l:r~..:~~{~~~~~tL' ~ ~~p!,o", ,,'!,ti~on!ngth~, Gi!'Yi.of ~ndov"" for ",,,king ltedOaks.': '. '.., , , CJa-.81 , /llslon 3 & 4 a safercQITlmunltyby, receivJng round the clock police : patrols (especially~bythe'pi)rkand ~ast side of 140th l.ane I R[:(,/':I\"i~ enforced ~un,' ews, and.lTlo, re ~~ghts. ,'"LV'" ".D ex cess\\! G s~Gl C)n\ n'i - L SEP 2 6 <lIIlll .' NAME,: ' ADDRESS CfT'~:::T';.;---::.-.::-;--_J I . ~0-~-2:_~..r_';:"'- \ ' \-\08C\ '.2.2-\ 5' \L\O~) ~ {\.1 LC'> - , .' 0 ;);1-1 5140 ~ 4",C':- JJvV .: ' ' ~o5 I<fD-A., L-'A.(\E-T\w ,/ ,., ... / -1 tJ :; ";l f( 14 (/ ~ ,V -;;f- ,/v W. IC/-O 2- 0 ~Il 1/ C () .sf: /). ui /~ zo /,.,; ~ c/l Jr /l.ul ~ , >: ~OJ /39'A a<M_&tJ,k~'(\, _ " ::' :' l' --, I 2.322. IYOt:h., fV!.. NvJ...,/ " ~~~~4J(~-r .~'J"::, '.. ) vJ1"""" ..' 3 ,. . ,";;!... , . ~: ',". I LfO . Co ~ Mei\S+. N: ;: "J~>":; , t{?Y ~ ,.' R o-~~ 1.}~ :'5'~:t;~\""k [<+694 (.(c~ ~.rU L.I"",.....,.-. . :q: :.:1"'.' .' J::;r:":'(<;'.';;~~;;'~r'f'W;i~i). : , I,/()qi':. If~(h' ~I 1(~<::3"'" ':.;~:::": '.. : q<',' "',." . ./:'\<.lrJ..t-1e.r~lVlQioV! . ..L~V ~,,~ 7T '. iw.',;~f.~~;':i~tJ ',f '/)..'2- L{f (L{ (71 k IJ..~,. II . ' .' :JJ-U 0 I YI ~+ AL /J.v " ':' J\Sd- 1L\I5!'A~ IN ,LV' ~" 6) \~- .. '>T:;": .T~; 1 J ~upport petiti~ningthe City ,of Andover for making Red Oaks. . . . ../isio-;,:3 8l,,~~;s,~fer,commu~ity.toreceive round the clock police.. ; patrols"(especially':bV.th~park and east side of 140th Lane NW}, , 'enforcedcuife",,!;,'and ~ore ~treet lighting. l '~',-'-~""-r,'-':::.'I;":,' ';'_ ',:;.~ .(.'",.;; .,. " . '.' ", . . . . " . . ..', ':'.< M.;,;)/.}~';";:i,.:. '. SS ".," ! :dNA E,:r"r>. .'" . ADORE , ~~\;'~/rt~.'/.'~'.i'EL/' .21S2- \41 <J AvE. f'-l w ~ At~~~~y'~p:;~~~k,:~ ~,,~ y .'. ".L1..::.... "...': ." :;n:.e;c;l ?.1:;'frT> )\Ae.,A .,H-,l/,V:Y-ILI~;_..":.2131 l'ilst kvrL. NvJ It .;' . .:.!.';;",:...', ' ....:.,.,..;...':,':;,....",...;. , . 4 ' . .. ~.JtQ.!':'s}~{~\;neY'::(::,;, .:;', .;:>:>'_.:::'~ 1 \C('I,Lq, .{\Je AJ~.' . 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',' " [" ,"'" I : '~'1~;:.;I..".,:':';' .,-i ;:\~'~\{;~'~}";;',':'" '<"~<:,'''''~i~,:,::">;~~,,i;'',t .,; ". ",," .(;,,_,".i. , .'i'/ "" :,t.;' , o.j'";?~';;J":"". ", 'i.~,-;.;, ,,','~';' ' !h. . . ',' ". " ..:. i . fl~~i ....;;:,.f&i~':,'.r<-;.;~~~~~:. ~to\.."5 l46 ; L~ .AV\-C/:JcJer:.i> M U'F"'1i~ i' hi:; 1.;;;; ;;t~t1~i;rl;\\1~Q~~!'lHifr,H.. . .. . "1'> '.. \ . ." ( . ~:':;~ .,"U~.l"\~t;,':'.!;i):;,..,,~,:j:<~! '2:.;i;:~::,;;::{;""(:<'~;ii:~r0'n.:,' ~~ oS }~6 Lit 4/ l/; AItIIJ/~/.- /h~tf<?Y i:,~&t ,.\,':: (i ,\1 ''':i::.;~~r';'.::'';~''};;~::;'~,12C:i::~m~;;?:c' . . ' . ,,;. ;:;: ,$Cc @ " ,~; ",:,' .".; , ,,?),,7""""" '. . . " ': ,.,f':'r:1.;~~q9t~~;; ;'\; ,;.. T ~upport petitioning the City. of Andover for making Red Oaks .....vision 3 &.4 a 'safer, comm.unity by receiving round the clock police patrols (especially by the park and east side of 140th Lane NW), enforced,curfews, and morE! street lights. .... ! ADDRESS jlf()/& &u I" nn .:s+ -": / \ . 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I I, /~il?n'3'&.'4'a:safer'" I ,~,Andover for making Red Oaks' ' " , P!!'troIS'(esp'eci~'I~iby.~~:~~~,I~.:y rece~ving round the clock police enforce~~~rf.~~~~!'~ ,ll'Ior~ ~ei: ~:~~.'de of l40th Lane NW), ,', :.".: ",,'r:." ,C!<,,:::'''''' ." " '. ..... . ,.-._,. '. ') ....'NAMg.!,.: .', f ',rj" ":' ":'.' ADDRESS '--Lfl J.~..' ......:/3 '7'/0 u~CA"-'~ 5'7:' r(. LV. ~. ":.:.~Jj)".~'~i':~'r.,("'" .' '::'f\[IAt:r}L.~.;;'"'' 3 0 : /'<' ';'":'it')('-:''' :'" ",: ',f,:'!, 1 W (tzm;f.M pr- ,vC<J. ) . A;.':"^';"A'" . '.' .' ." . 'J~..."...I! .:.! ',X\>.::'...:'y;y;:.....'. ~2/0' 1/7(]-f.l., t1 ~f-IP }JU ,'. ..",......, ........f O<..:J .,::rl rru~ ,'; ),i:\:j::rfi\i~:C\mJ~t;i~i:~~l:/j:.:.;;;;<'.:.>.:j::;,';,:;~~'.;:. '.' . -. .....,);...,...,...:..t.',....,fJ"...,.,".........a310' 139 -fr--- I ' ,:':'T:\i>\\i!~~~lJ;:;lij':::;h'/,(!n::;, ,,' ;fu~;- .,IN. j' ~~','" .:S:?::L;:;':;~:3ilI31'if, ,4(/f.- NIN . :;:,~~!:::~t~k~~~~~~~iS,,',:i';':t:::':!'" ' ,'" ' ' e" ~ :if!if!.::(,,,:. 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(763) 755-5100 FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US TO: Mayor and Council Members CC: John Erar, City Administrato'~ David D. Berkowitz, City En ineer 1>1>:8 FROM: Todd J. Haas, Parks Coordinator SUBJECT: Order Plans & Specs/02-30/Andover Boulevard Trail Construction- Engineering DATE: May 20, 2003 INTRODUCTION This item is in regard to ordering plans and specification for the construction of a trail along Andover Boulevard NW between Hanson Boulevard NW and Bluebird Street NW and consider a request from the residents that the City remove and relocate their existing fences which are currently located in the Anoka County right-of-way. / DISCUSSION If the City Council recalls, this proposed tail is identified in the 2003 CIP as an improvement for this year. Jason Law, Staff Engineer, and I recently held an informal meeting with property owners along the section of Andover Boulevard NW where the trail is proposed. As indicated on the drawing, there are 4 lots east of Drake Street NW in which property owner's fences encroach into the Anoka County right-of-way by approximately 13.5 feet. To construct the trail in the appropriate location based on the County's requirements and MnDOT Bikeway Guidelines, the trail must be located as close to the right-of-way line for safety reasons and to avoid any costs with the future reconstruction of Andover Boulevard NW, if and when that happens. Based on this rational, the existing fences will need to be removed. Affected property owners have raised the question whether the City Council would be willing to remove and relocate the fences at the City's expense. The City's past practice is not to pay for any removal or any relocation of fences located off the homeowner's property or in easements where fences are not permitted. It is and has been that the property owners are responsible to locate property comers before construction or installing fencing since the City does not require fencing permits. Another option available is if the City Council is uncomfortable telling the property owners to remove their fences from the County right-of-way, Council could direct staff to contact the Anoka County Highway Department to have the fences removed and relocated to the property lines, as required, at the homeowner's expense. Mayor and Council Members May 20, 2003 Page 20f2 , BUDGET IMPACT Attached is Page 55 from the 2003 CIP that identifies the proposed improvement for your review. The $35,000 for the trail construction does not include the cost of removal and relocation of the privately owned fences. The estimated cost to remove and relocate the fences and trim trees that currently are within the property owners parcel due to the location of the fences are estimated to be about $5,600. ACTION REQUIRED The City Council is requested to approve the resolution ordering plans and specifications for Project 02-30, Andover Boulevard Trail Construction. The City Council is also requested to consider the affected property owner's request to have the City pay for the cost of removing and relocating their private fences, which are currently located in the public right-of-way. Respectfully submitted, / ----pd,~ ~ Todd J. Haas cc: Jim Lindahl, Park & Recreation Commission Chair ) CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. MOTION by Councilmember to adopt the following: A RESOLUTION ORDERING IMPROVEMENT AND DIRECTING PREPARATION OF PLANS AND SPECIFICATIONS FOR THE IMPROVEMENT OF PROJECT NO. 02-30 FOR ANDOVER BOULEVARD TRAIL CONSTRUCTION. WHEREAS, the City Council is cognizant of the need for the trail; and NOW, THEREFORE BE IT RESOLVED by the City Council to order the improvement of the Andover Boulevard Trail Construction, Project 02-30; and BE IT FURTHER RESOLVED by the City Council to hereby direct the ~ Enqineer to prepare the plans and specifications for such improvement project. MOTION seconded by Councilmember and adopted by the City Council at a reqular meeting this 20th day of May , 2003 , 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 Victoria Volk - City Clerk ~ I I- CAPITAL PLAN 2003 thru 2007 , ) City of Andover, MN I Project # 03-TRAIL-Ol Project Name Construct Bikeway! Walkway Conidors I Type Improvement Priority 1- High U.eful Life 25 Years Contact Todd Haas Category Trail Construction Department Parks & Recreation-Projects Total Project Cost I $711,000 Description I Construct bituminous bikeway/walkway trails along corridors identified in the Andover Comprehensive Trail Plan. 2003 - Construct a trail along I Round Lake Blvd from Bunker Lake Blvd to 153rd Ave NW (SI25.000) and construct a trail along the south side of Andover Blvd from Hanson 6 - Blvd to Bluebird St (S35.000). 2004 - Construct a trail along Bunker Lake Blvd (north side) from Hanson Blvd to Crane St NW (S25,OOO) and complete the trail system along the north side of Crosstown Blvd from Yellow Pine St to Avocet St (S55,OOO). 2006 - Construct a trail along Crosstown Blvd (both sides) from South Coon Creek Drive to Andover Blvd (SIOO,OOO). 2007 - Construct a trail along the north side of Crosstown I Blvd from Hanson Blvd to Nightindale SI NW (SI21,OOO) and construct a trail along 161 st Ave from Hanson Blvd east to the railroad tracks. Also, construct a trail on Hanson Blvd from 16ist Ave south to 155th Ave (S250,000). , Justification I I Improve pedestrian and multi-modal access to various destinations within and externally to the city. The trails have reviewed by the Park and Recreation Commission. These trails that are proposed are a combination of interest by the Park Commission and City Council. II Expenditures 2003 2004 2005 2006 2007 TotJI , Construction 160,000 80,000 100,000 371,000 711,000 I Total 180,000 80,000 100,000 371,000 711,000 II II FUnding Soun:es 2003 2004 2005 2006 2007 TotJI Municipal State Aid Funds 125,000 125,000 Trail Funds 35,000 80,000 100,000 121,000 336,000 Unfunded 250,000 250,000 II Total 160,000 80,000 100,000 371,000 711,000 I Operational Impact/Other I Additional long-term maintenance and snowplowing will be necessary. I III ,. , - 55 II @ CITY OF ANDOVER 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 Adrninistrat01W FROM: Vicki V olk, City Clerk SUBJECT: Premises Permit/Andover Lions Club Gambling DATE: May 20, 2003 INTRODUCTION The Andover Lions Club has resubmitted a revised premises permit so they can sell pull-tabs at Pov's Sports Bar & Grill. DISCUSSION At the April 15, 2003 Council Meeting the premises permit was not approved. Council asked that the next time this was brought forward a better accounting of the utility bills be provided and that the Lions members have their gambling manager licenses. This information has not been provided. ACTION REOUIRED The City Council is requested to consider the premises permit for the Andover Lions Club to sell pull-tabs at Pov's Sports Bar & Grill. Attached are a resolution approving the permit and a resolution denying the permit. Respectfully submitted, tL-L- ()~ Vicki V olk City Clerk . . - ._---. -. . . .- Page 1 of 3 7/01 Minnesota Lawful Gambling FOR BOARD USEONL Y LG214 Premises Permit Application Check # I Amount Expiratation date Class of P.ermit - Premises Permit Fee -_._- --..- --- - . During:2nd.year ot !;:heck one Two years organization license D Class A - Pull-tabs, tipboards, paddlewheels, raffles, bingo $400 $200 00. Class B - Pull-tabs, tipboards,paddlewheels, raffles $250 $125 D Class C - Bingo onlyOR bingo and pull-tabs when total gross . $200 $100 receipts does not exceed $50,000 per year. D Class D - Raffles only $150 $75 Organization Information Organization name (as it appears on documentation filed with Organization license number' Minnesota Secretary of State or Intemal Revenue Service) Andover Lions Club B-02254 Name of chief executive officer (cannot be your gambling manager) Daytime phone number, including area code Gary i>lrobel (763~ 421-6540 Gambling Premises Information. - , Name of establishment where gambling will be conducted Street address (do not use a P.O. box number) Pov's Sports Bar 1851 Bunker Lake Blvd. NW Ci~~COUnty where gambling premises is located-ORl Township & county where gambling premises is located if outside city limi s: 'C Andover . Anoka County . Is the premises located within city Iimits?fes [!J NoD . If No, is township: D Organized D Unorganized . . D Unincorporated Does your organization own the building where the gambling will be conducted? DYes ~No If no, attach(1) the appropriate lawful gambling lease form, and (2) the sketch of all leased areas with dimensions and square footage clearly define . A lease and sketch are not required for class D applications. Name of legal owner of premises Address City _ State/Zip . , , Brad Povli tzki 7762 Lakeview Lane Spring Lake Park, Mn. 55432 . Address(es) of Storage Space of Gambling Equipment Ust all locations where used and unused gambling product is stored. Do not use a P.O. box number. (Attach an additional sheet if necessary.) Address City State/Zip 1851 Bunker Lake Blvd. Nw Andover ~r,n. 55304 j. , 16185 Verdin St. Nw . Andover Hn. 55304 --.- .-" - ..- -- LG214 Premises Permit Application Page 2 of 3 7/01 Bingo Occasions for Class A or C Permits \ If applying for a class A or C permit, enter day and begiminglending hours of bingo occasions (indieate A.M. or P.M.). No more than ten bingo occasions. may be conducted per week. An occasion must be at least one and one-half hours, not to exceed four hours. -QID! BeainninQ/Endina -Hours Dav BeainninalEndill<i--HourS- - - - .-=-Day. - - . BeaimirialEndina HoiJrs- - , to to to - - - - to - to - to - to - to - to - to Noon Hour Bingo Only Day BeainnlnalEndina Hours Day BeoinninolEndina Hours Day BeoinninolEndina Hours - to - to - to - to - to - to to Gambling Bank ACcount Information B15'k name Bank acco~t ~~ber* .~ells.Fargo Bank Minnesota NA 39702 10 Ba~~J8'e;.:~gnrw. Nitl CitY. .... . State/Zip code Coon Rapids, MN. . 55448 , * Neworganizations: The account number may be obtained and submitted to the Gambling / Control Board within ten days after you receive your premises pennit. Name, address, and title of members authorized to sign checks from the gambling account. The organization's tteasurermay not handle gambling funds. - .. . . Name Street Address Title Gail Roush 8 01 1 t Gamb. M r. Gary .~irobel 16185 Verdin St. Cill Jim Knoll 14817 Round Lake Blvd. Andover 55304 Lion Hember Acknowledgment ,Oath Gambling site authorization I declare that: I hereby consent that.locallaw enforcement officers, 1. I have read thiS application and all information submitted the board or agents of the board, or the connnissioner to the .board istme, accUIate, and complete; ofrevenue or public safety or agents of the 2. an other required information bas been fully disclosed; commissioners JI!llY enter the premises to enforce the 3.1 am the chiefcxecutive officer oftbe organization; law. "', 4. I assume full responsibility for the fair and lawful Bank records information operation of all activities to be conducted.; The board is authorized to"inspect the bank reconls of 5. I will ~ myselfwith the laws of Minnesota . the gambling account whenever necessary to fulfill governing lawful gambling and rules of the board and requirements of current gambling rules and law. a~nli~tom~by~~~s~rul~ including '''Tlp.rulments to them; Organization Bcense authorization 6. any changes in application information will be submitted I hereby authorize the Gambling Control Board to . to the board and local unit of go"..uu...,at within ten days modify the class of organization 1icense to be ofthecbange;and . consistent with the class of premises permit being / applied for. - 7. I understand that 1idIure to provi~ required infomJation or providing fu1se or misleading information may result in the denial or revocation Of~ -. ~ . ()? may not sign) . 'Date . ----------- LG214 Premises Permit Application Page 3 of 3 7/01 ; Local Unit of Government Acknowledgment and Approval If the gambling premises is within city limits, the city must sign this application and provide a resolution. --- ..-------.- ---- ------------ . -. .. u. ~ _._-----~._- ...-- ------ On behalf of the city, I hereby acknowledge this application for lawful gambling activity at the premises located within the city's jurisdiction. and that a Print name of city resolution specifically approving or denying the application will be forwarded to the applying organization. Signature of city personnel receiving application Title Date Ifthe gambling premises is located in a township, both the county and township must sign this application. The county must provide a resolution. For the township On behalf of the township, I acknowledge that the organization is applying to Print name of township conduct lawful gambling activity within the township limits. A township has no statutory authority to approve or Signature of township official acknowledging application deny an application (Minn. Stat. 349.213, subd. 2). Title Date For the county On behalf of the county, I hereby Print name of county acknowledge this application for lawful gambling activity at the premises located within the county's / jurisdiction, and that a resolution specifically approved or denying the application will be for- Signature of county personnel receiving application warded to the applying organization. Title Date The information requested on this form (and any premises permit, all of the information that you have attachments) will be used by the Gambling Control Board provided to the Board in the process of applying for your (Board) to detennine your qualifications to be involved in premises permit will become public except for your Social lawful gambling activities in Minnesota, and to assist the Security number, which remains private. If the Board does Board in conducting a background investigation of you. not issue you a premises permit, all the information you You have the right to refuse to supply the information have provided in the process of applying for a premises requested; however, if you refuse to supply this permit .remains private, with the exception of your name infonnation, the Board may not be able to detennine your and address which will remain public. qualifications and, as a consequence, may refuse to issue you a premises permit. If you supply the information Private data about you are available only to the following: requested, the Board will be able to process your Board members, staff of the Board whose work assignment application. requires that they have access to the information; the Minnesota Department of Public Safety; the Minnesota This form may require the disclosure of your Social Attorney General; the Minnesota Commissioners of Security number. If so, your Social Security number will Administration, Finance, and Revenue; the Minnesota be used to detennine your compliance with the tax laws of Legislative Auditor, national and international gambling Minnesota. Authorization for requiring your Social regulatory agencies; anyone pursuant to court order; other Security number is found at 42 U.S.C. 405 (c)(i). individuals and agencies that are specifically authorized by state or federal law to have access to the information; Your name and address will be public infonnation when individuals and agencies for which law or legal order received by the Board. All the other infonnation that you authorizes a new use or sharing of information after this provide will be private data about you until the Board issues Notice was given; and anyone with your consent. your premises permit. When the Board isslies your Questions? Call the Licensing Section of the Gambling Control Board at 651-639-4000. If you use a TTY, you can call the Board by using the Minnesota Relay Service and ask to place a call to 651-639-4000. This form will be made available in alternative fonnat (ie.large print, Braille) upon request. I CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RESOLUTION NO. A RESOLUTION APPROVING A PREMISES PERMIT FOR THE ANDOVER LIONS CLUB TO CONDUCT A PULL-TAB OPERATION AT POV'S SPORTS BAR AND GRILL. WHEREAS, the Andover Lions Club has submitted an application to the City of Andover for a premises permit to operate a charitable gambling operation at Pov's Sports Bar, 1851 Bunker Lake Boulevard NW; and WHEREAS, per Minnesota Gambling Control Board requirements, a resolution must be adopted by the City Council within 60 days of receipt ofthe application. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover, Anoka County, Minnesota, that a premises permit for charitable gambling for the Andover Lions Club is hereby approved subject to the terms outlined in City Ordinance 258. I Adopted by the City Council ofthe City of Andover this _day of ,2003. CITY OF ANDOVER Attest: Michael R. Gamache, Mayor Victoria V olk, City Clerk \ CITY OF ANDOVER COUNTYOFANOKA STATE OF MINNESOTA RESOLUTION NO. A RESOLUTION TO NOT APPROVE A PREMISES PERMIT FOR THE ANDOVER LIONS CLUB TO CONDUCT A PULL-TAB OPERATION AT POV'S SPORTS BAR AND GRILL. WHEREAS, the Andover Lions'Club has submitted an application to the City of Andover for a premises permit to operate a charitable gambling operation at Pov's Sports Bar, 1851 Bunker Lake Boulevard NW; and WHEREAS, per Minnesota Gambling Control Board requirements, a resolution must be adopted by the City Council within 60 days of receipt of the application. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover, Anoka County, Minnesota, that a premises permit for charitable gambling for the Andover Lions Club is hereby not approved subject to the terms outlined in City Ordinance 258. Adopted by the City Council of the City of Andover this _day of ,2003. CITY OF ANDOVER Attest: Michael R. Gamache, Mayor Victoria V olk, City Clerk I @ , CITY OF ANDOVER 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 Administrat~ FROM: Will Neumeister, Director of Community Development LU/J SUBJECT: County CommunicationlRelocation of County Household Hazardous Waste Site-- Community Development DATE: May 20, 2003 INTRODUCTION Anoka County has expressed preliminary interest in relocating its Household Hazardous Waste facility from Blaine to Andover. County staff have been inquiring about constructing a new building next to the Mosquito Control Building. Maude Fedders, architect for the county, will be discussing the details with staff on Tuesday morning, May 20th. DISCUSSION City staff anticipates that the new building will need to be sprinkled and thus would require the facility to have city water service. This means that a Comprehensive Plan amendment will need to be prepared to bring this area into the MUSA. City utilities could not be extended to the County until MUSA approval has been received. The City Attorney wrote a legal opinion last year regarding the City regulating "transfer facilities" and his opinion is attached to this item. The staff report from September 3, 2002 will also be attached to this report. The letter from the City Attorney describes the City's ability to regulate waste transfer stations, but limits the City's ability to prohibit this tvoe of operation. Zoning Ordinances currently indicate that this operation would be a permitted use. If the Council would like to regulate these types of facilities, the Zoning Ordinance would need to be amended to make transfer facilities a Conditional Use in all zoning districts. The Attorney states that there are statutes that give the County broad authority to implement a solid waste master plan and policy. The City must be consistent with the County's approved Master Plan. Again, the City Attorney has advised that the City has some review and approval authority with respect to transfer stations established pursuant to the Metropolitan Government Act and the State Waste Management Act. The City can adopt local regulations regarding the monitoring and operation of these facilities. The City can insist that such facilities be justified pursuant to the standards set , forth in the statutes and insist that the facility be justified and in compliance with the Metropolitan Government Waste Management Plan and the County Master Plans. The Attorney does not see that I the City has the authority to ban transfer stations that are otherwise in conformance with the state regulations, but they may be required to be justified and regulated. ACTION REOUESTED Council is asked to receive the Attorney's opinion on transfer stations and provide direction regarding establishing any new zoning regulations affecting transfer station operations. Council is requested to discuss its willingness to bring the subject area into the MUSA to allow City water service to be extended to this proposed facility. Respectfully submitted, W/V Will Neumeister Attachments Staff report of September 3, 2002 Attorney Opinion on Transfer Stations I @ CITY OF ANDOVER 1685 CROSSTO\VN BOULEY ARD N.W. . ANDOVER, MINNESOTA 55304 · (763) 755-5100 F AX {763) 755-8923 . WWW,CLANDOYER-MN.US - ~--- - TO: Mayor and Councilmembers CC: John Erar, City Administrator1?!v II , FROM: Will Neumeister, Director of Community Developmentud-. SUBJECT: Research on Transfer Stations--Community Development DATE: September 3, 2002 INTRODUCTION Please review the attached letter from the City Attorney regarding the issue of regulating or prohibition of waste transfer stations. DISCUSSION :On Alloaust 5, 2002 Council approved the language changes to the Zoning Ordinance that prohibited Compo sting Facilities. At that meeting, staff was directed to investigate the potential to prohibit transfer stations from locating in the City. The City Attorney advises that the City can not prohibit them, however they may be regulated.. There are statutes that give the County broad authority to implement a solid waste maSter plan and policy. The City must be consistent with the County's approved master plan. The Attorney has advised that the City has some review and approval authority with respect to transfer stations established pursuant to the Metropolitan Government Act and the State Waste Management Act The City can adopt local regulations regarding the monitoring and operation of these facilities. The City can insist that such facilities be justified pursuant to the standards set forth in the statutes' and insist that the facility be justified . and in compliance with the Metropolitan Government Waste Management plan and the County master plans. The Attorney does not see that the City has the authority to ban transfer stations that are otherwise in conformance with the state regulations, but they may be required to be justified and regulated. - -- - ~ ACTION REOUIRED Staff requests Council receive Attorney's opinion on transfer stations and provide direction regarding establishing any new regulations regarding them. Respectfully submitted, (dd~ ~ Will Neumeister .... -::>- r :/14/2008 16:413 LAW OFFICE 21413 4TH RUE -l- 7558923 NO.313 \;>132 LA'" ()l:FlCES Of William G. Hawkins and Associates 1,140 F~Uml A VEJWE NoR:I'H Legal AsSU,QnU Al'!O!:A, ~O't'A 55303 ( PRm.'E (763) 427-&877 \ . WlLWM G. IUWKL~ T...MM1 J. UvEGts B.umY A.. S\ll,.LIVt.1'I Hou.r o. PIlovo FAX (763) 421-4213 E-MAIL lV-M:LAwl@aol.com : August 14, 2002 BY FACSIMILE Mr. Will Neumeister (763) 755-8923 community Development Director City of Andover 1585 Crosstown Boulevard NW Andover, MN 55304 Re: Transfer Stations Dear Mr. Neumeister: / The Question raised, as I understand it, is whether the City may absolutely prohib-it and exclude the estabHshment of "transfer stations" within the City of Andover. In mv opinion, for the reasons expressed herein. the answer is, !'l~. A -tranSfer station" is defined by the Minnesota Waste Management Act as .....an inte.rmedlate waste facility in which waste collected from any source is temporarily deposited to await transportation to another waste facility." Minn. Stat. ~115A.03, Subd. 33 (2000). A"waste facility" means all property righ.ts M...which. is or may be needed or useful for the processing or disposal of waste..... Minn. Stat. 5115A.03, SUbd. 35 (2000). The Metropolitan Government ACt contained in Minn. Stat. Chapter 473 contains a series of provisions dealing with solid and hazardous waste. Minn. Stat. 9473.801, et. seq. Under the statuteS, every county is to implement a solid waste master plan and policy. These statutes give the county broad authority to implement their plans. For example, the countY may acquire property, sell bonds. operate faCilitieS. aFld enter into contracts for the operatiC)l'\ of such facilities. Minn. Stat. 94-73.8'1 \20(0). Under that statute, ordinances of local government units are to be consisten1: with an "aPproved county master plan. Section 473.811, Subd. 4a \2(00). 'That section further provides, in relevant pan:' - ,,, . &. .'.. t. .' ~. i. C . -/It. coUntY l1'av' estab1ish 'and operate or. contract- for the establishment of ; \ '. . . .. ' .- ., I , -4- i . . I 08/14/2008 15:40 LAW OFFICE 2140 4TH RVE ~ 7558923 NO.313 [;l03 Mr. Will Neumeister August 14. 2002 . Page 2-- - operation of a solid waste disposal facility without complying with local ordinances if the director certifIeS need under section 473.823. suboIVision 6. With the approval of the director. loCal government units may impose. and enforce reasonable conditions respecting the construction. operation, inspection, monitoring. and maintenance of the disposal faCilities. No local government unit shall prevent the establishment or operation of any solid waste facility in accordance with the director's decision under section 473.823, subdivision 5, 'except that. with the approval of the director. the local government unit may impose reasonable conditions respecting. the consiructiQn, inspection, monitoring, and maintenance of a facility." The Waste Management Act does provide a municipality with some oversigltt and approval authority regarding the establishment of a waste facility. Section 115A.31 provides: , "if a County applies for or requests approval of establishment of a solid waste j facifity within the boundaries of a local government unit, the local government unit shall approve or disapprove the application reQUest within 120 days following the delivery by the county to the local government unit of the - application or request completed in accordance with the requirements of applicable local ordinances. .. Another section makes clear, however, that our authority is somewhat circumscribed. Section 115A.28. Subd. 3 provides: "local Requirements. . A political subdivision may impose reasonable requirements respecting the construction, inspection. operation. monitoring and maintenance of a facility. AIry such requirements shalf be subject to review by the office to determine their reasonableness and consistency with the estabflshment and use of a facility in accordance with the fillal decision and lease of the office and by the agency to determine their reasonableness and consistency with permits of state and federal permitting agencies. The office or agency may approve. disapprove, suspend. modify, or revarse any such requirements. The decision of me office or agency shall be final.'" In the metropolitan area, the MPCA is a permitting agency for solid waste facil!ties. With respect to transfer stations, Section 473.823, Subd. 3(e) provides: -s-- 08/14/201118 16:40 LRW CFFlCE 2140 4TH RUE -+- 7558923 NO.313 {;I04 \ Mr. Will Neumeister ! August 14, 2002 Page 3 . A permit rrKf{ not be issued in the metropolitan area for a solid waste facility used primarily for resource recovery or a transfer station serving the facility, if the faciUtV or station is owned or operated bV a public agencv or if the acquisition or betterment of the facilitY or station is secured by public funds or obligations issued by a publiC agency, unless the director flflds and detemines that adequate mar~e'tS exist for the produc;tS recovered and that establishment of the facility Is consiste"t with the criteria and standards in the metropo!ltan and count'{ plans respecting the protection of existing resource recovery facitities and transfer stations serving such facmties." Subdivision 5 of that same section provides the procedure whereby a county may estabfGh a facility without local comprlance, at least with respect to the permit required by.the MPcA. That section provideS: "'Review of waste processing facilities. lal A metroporrtan county may establish a waste processing facilitY within the countY without complying with local ordinances, if the action is approved by the director in accordance with the review process established by this subdivision. A. county requesting review shall show that: (1) the required permits for the proposed facility have been or wiR be issUed by the agency; ! , 12l the facilitY is consistent with the metropolitan polhy plan and the , , ap.proved county master plan; and i (3l a local government unit has refused 10 approve the establishment or , operation of the facility, has failed to deny or approve establishment or , operation of the facility within the time period required in section 115A.3'. or ! , has appraved the application or request with conditions that are unreasonable i I or impossible for the countY to meet.. , 1 , In summary, the City has some review and approval authority with respect to transfer stations established purSllsnt to the Metropolitan Government Act and the State wasre Management A.ct. The City can adopt some local regulation regarding the monitoring and operation of these facilities. The CitY has the op'tion of contracting directly for these faclrlties. The CitY can insist that such faCl1ities be justified pursuant to the standards set forth in the Statutes and insist that the facility / be justlfied and in compliance with Metropolitan Government Waste Management plan and the county master plans. I do not see that the City has the authority to i -6- 08/14/2008 16:40 LFiW OFFICE 2140 4TH RVE .. 7558923 NO.313 005 Mr. Will Neumeister August 14. 2002 Page-4 ban transfer stations that are otherwise in compliance with these numerous other state regulations. [ trust this answers the Question which you have raised. If the City is considering the adoption of a ordinance regulating transfer stations, it would be best to examine the requirements of the Metropolitan Council Waste Management Plan, Anoka County Master Waste Management Plan and Policies. and any applicable MPCA policies and regulations to ensure conformity therewith. Thank. you for your attention to this matter. If you wish to discuss this issue further, please feel free to call. I . , : i ! i i \ : I , ; -7~ ! I CITY OF ANDOVER , 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (763) 755-5100 FAX (763) 755-8923. WWW.C1.ANDOVER.MN.US TO: Mayor and Councilmembers CC: John Erar, City Administrato~ FROM: Lee Brezinka, Assistant Finance Director SUBJECT: Award Bond Sale / Ehlers and Associates DATE: May 20, 2003 INTRODUCTION Mark Ruff, the City's Finan~ial Advisor from Ehlers & Associates will be in a~endance to present the results of the City's sale of the following bond issues authorized at the April 15, 2003 Council Meeting: $4,580,000 G.O. Permanent Improvement Revolving Fund Bonds, Series 2003A $1,555,000 G.O. Tax Increment Refunding Bonds, Series 2003B The sale opening will be at I :00 pm on May 20th 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 April 15, 2003 Council Meeting to provide for the sale of the aforementioned bonds based on the following justification for each bond issue: $4,580,000 G.O. Permanent Improvement Revolving Fund Bonds, Series 2003A These bonds are being issued to finance 2003 improvement projects and will be supported by assessing all costs financed against the benefited properties. The 2003 improvement projects include Foxburgh Crossing, Shady Oak Cove, Woodland Estates 4th Addition, Constance Comers, Maple Hollow, Woodland Creek Golf Course Villas and City View Farms. $1,555,000 G.O. Tax Increment Refunding Bonds, Series 2003B These Bonds are being issued for the purpose of effecting a current refunding of the 2004 through 2012 maturities ofthe 1996 G.O. Tax Increment Bonds, dated June I, 1996. ; Mayor and Council Members May 20, 2003 Page 2 of2 BUDGET IMP ACT The $4,580,000 G.O. Permanent Improvement Revolving Fund Bonds, Series 2003A are funded by a special assessment revenue stream. The $1,555,000 G.O. Tax Increment Refunding Bonds, Series 2003B are funded by tax increment revenues generated from the Tax Increment Districts. ACTION REQUIRED 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 are as listed: - Resolution Accepting Proposal On Sale Of $4,580,000 General Obligation Permanent Improvement Revolving Fund Bonds, Series 2003A. Providing For Their Issuance, And Pledging For The Security Thereof Special Assessments - Resolution Accepting Proposal On Sale Of $1,555,000 General Obligation Tax Increment Refunding Bonds, Series 2003B, Providing For Their Issuance, And Pledging Revenues For The Payment Thereof Tax Increments Respectfully submitted, {fi?5~ Lee Brezinka Attachments EXTRACT OF MINUTES OF A MEETING OF THE CITY COUNCIL OF THE CITY OF ANDOVER,M~SOTA HELD: May 20, 2003 Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Andover, Anoka County, Minnesota, was duly held at the City Hall in said City on Tuesday, the 20th day of May, 2003, at 7:00 P.M., for the purpose, in part, of considering proposals for, and awarding the sale of, $4,580,000 General Obligation Permanent Improvement Revolving Fund Bonds, Series 2003A of the City. The following members were present: and the following were absent: Member introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING PROPOSAL ON SALE OF $4,580,000 GENERAL OBLIGATION PERMANENT IMPROVEMENT REVOLVING FUND BONDS, SERIES 2003A, PROVIDING FOR THEIR ISSUANCE, AND PLEDGING FOR THE SECURITY THEREOF SPECIAL ASSESSMENTS A. WHEREAS, various public improvement projects (the "Improvements") have been duly ordered by the City of Andover, Minnesota (the "City") and have been constructed by the City or will be constructed under contracts which the City has or will let therefor, all pursuant to and in accordance with the applicable provisions of Minnesota Statutes, Chapter 429; and B. WHEREAS, the City has heretofore determined and declared that it is necessary and expedient to issue $4,580,000 General Obligation Permanent Improvement Revolving Fund Bonds, Series 2003A (the "Bonds"), pursuant to Minnesota Statutes, Chapters 429 and 475, to finance the Improvements; and C. WHEREAS, the City has retained Ehlers and Associates, Inc., in Roseville, Minnesota ("Ehlers") as its independent financial advisor for the Bonds and therefore proposals to purchase the Bonds have been solicited by Ehlers in accordance with Minnesota Statutes, Section 475.60, Subdivision 2(9); and D. 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 of the City Clerk, or designee, at 12:00 Noon, Central Time, this same day; and , 1527763vl E. WHEREAS, it is in the best interests of the City that the Bonds be issued in book-entry form as hereinafter provided; and NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Andover, Minnesota, as follows: 1. Acceptance of Proposal. The proposal of (the "Purchaser"), to purchase the Bonds (or individually, a "Bond"), 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 said proposal maker. The Clerk is directed to retain the deposit of said proposal maker and to forthwith return to the unsuccessful proposal makers their good faith checks or drafts. 2. Bond Terms. (a) Title: Original Issue Date; Denominations: Maturities: Term Bond Option. The Bonds shall be titled "General Obligation Permanent Improvement Revolving Fund Bonds, Series 2003A", shall be dated June 1,2003, as the date of original issue and shall be issued forthwith on or after such date as fully registered bonds. The Bonds shall be numbered from R-t 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: Year Amount 2005 $715,000 2006 730,000 2007 750,000 2008 770,000 2009 795,000 2010 820,000 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 Only 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 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 2 1527763vl separate single fully registered Bond for each maturity of the Bonds; and for purposes of complying with this requirement under paragraphs 5 and 10 Authorized Denominations for any Bond shall be deemed to be limited during the Book Entry Only Period to the outstanding principal amount of that Bond. (ii) Upon initial issuance, ownership of the Bonds shall be registered in a bond register maintained by the Bond Registrar (as hereinafter defined) in the name of CEDE & CO., as the nominee (it or any nominee of the existing or a successor Depository, the "Nominee"). (iii) With respect to the Bonds neither the City nor the Bond Registrar shall have any responsibility or obligation to any broker, dealer, 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. (iv) The City and the Bond Registrar may treat as and deem the Depository to be the absolute owner of the Bonds for the purpose of payment of the principal of and premium, if any, and interest on the Bonds, for the purpose of giving notices of redemption and other matters with respect to the Bonds, for the purpose of obtaining any consent or other action to be taken by Holders for the purpose of registering transfers with respect to such Bonds, and for all purpose whatsoever. The Bond Registrar, as paying agent hereunder, shall pay all principal of and premium, if any, and interest on the Bonds only to the Holder or the Holders of the Bonds as shown on the bond register, and all such payments shall be valid and effective to fully satisfy and discharge the City's obligations with respect to the principal of and premium, if any, and interest on the Bonds to the extent of the sum or sums so paid. (v) Upon delivery by the Depository to the Bond Registrar of written notice to the effect that the Depository has determined to substitute a new Nominee in place of the existing Nominee, and subject to the transfer provisions in paragraph 10 hereof, references to the Nominee hereunder shall refer to such new Nominee. 3 1527763vl (vi) So long as any Bond is registered in the name of a Nominee, all payments I 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. (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 hereof, make a notation ofthe reduction in principal amount on the panel provided on the Bond stating the amount so redeemed. (xi) Termination ofBook-Entrv Only Svstem. Discontinuance of a particular Depository's services and termination ofthe book-entry only system may be effected as follows: (xii) 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. 4 1527763vl (xiii) Upon termination of the services of the Depository as provided in the preceding paragraph, and ifno substitute securities depository is willing to undertake the functions of the Depository hereunder can be found which, in the opinion of the City, is willing and able to assume such functions upon reasonable or customary terms, or if the City determines that it is in the best interests ofthe 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 of the Nominee, but may be registered in whatever name or names the Holder of the Bonds shall designate at that time, in accordance with paragraph 10 hereof. To the extent that the Beneficial Owners are designated as the transferee by the Holders, in accordance with paragraph 10 hereof, the Bonds will be delivered to the Beneficial Owners. (xiv) Nothing in this subparagraph (c) shall limit or restrict the provisions of paragraph 10 hereof. (c) 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. The Bonds shall provide funds to finance the Improvements. 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 City covenants that it shall do all things and perform all acts required of it to assure that work on the Improvements proceeds with due diligence to completion and that any and all permits and studies required under law for the Improvements are obtained. 4. Interest. The Bonds shall bear interest payable semiannually on February 1 and August I of each year (each, an "Interest Payment Date"), commencing February 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: Maturity Interest Year Rate 2005 % 2006 2007 2008 2009 2010 5. Redemption. All Bonds maturing in the years 2008 to 2010, inclusive, shall be subject to redemption and prepayment at the option of the City on February I, 2007, 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 5 1527763vl 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 of the principal amount of such Bond. The Bond Registrar shall then select by lot, using such method of selection as it shall deem proper in its discretion, from the numbers so assigned to such Bonds, as many numbers as, at $5,000 for each number, shall equal the principal amount of such Bonds to be redeemed. The Bonds to be redeemed shall be the Bonds to which were assigned numbers so selected; provided, however, that only so much of the principal amount of each such Bond of a denomination of more than $5,000 shall be redeemed as shall equal $5,000 for each number assigned to it and so selected. If a Bond is to be redeemed only in part, it shall be surrendered to the Bond Registrar (with, if the City or Bond Registrar so requires, a written instrument of transfer in form satisfactory to the City and Bond Registrar duly executed by the holder thereof or his, her or its 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 of the principal ofthe 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 of this resolution. 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 1 527763vl UNITED STATES OF AMERICA STATE OF MINNESOTA ANOKA COUNTY CITY OF ANDOVER R- $ GENERAL OBLIGATION PERMANENT IMPROVEMENT REVOLVING FUND BOND, SERIES 2003A INTEREST MATURITY DATE OF CUSIP RATE DATE ORIGINAL ISSUE JUNE 1,2003 REGISTERED OWNER: PRINCIPAL AMOUNT: DOLLARS KNOW ALL PERSONS BY THESE PRESENTS that 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 February 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 7 1527763vl 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.]" REFERENCE IS HEREBY MADE TO THE FURTHER PROVISIONS OF THIS BOND SET FORTH ON THE REVERSE HEREOF, WHICH PROVISIONS SHALL FOR ALL PURPOSES HAVE THE SAME EFFECT AS IF SET FORTH HERE. IT IS HEREBY CERTIFIED AND RECITED that all acts, conditions and things required by the Constitution and laws of the State of Minnesota to be done, to happen and to be performed, precedent to and in the issuance of this Bond, have been done, have happened and have been performed, in regular and due form, time and manner as required by law, and that this Bond, together with all other debts of the Issuer outstanding on the date of original issue hereof and the date of its issuance and delivery to the original purchaser, does not exceed any constitutional or statutory limitation of indebtedness. IN WITNESS WHEREOF, the City of Andover, Anoka County, Minnesota, by its City Council has caused this Bond to be executed on its behalf by the facsimile signatures of its Mayor and its Clerk, the corporate seal of the Issuer having been intentionally omitted as permitted by law. . Include only until termination of the book-entry only system under paragraph 2 hereof. 8 1527763vl Date of Registration: Registrable by: U.S. BANK NATIONAL ASSOCIATION Payable at: U.S. BANK NATIONAL ASSOCIATION BOND REGISTRAR'S CITY OF ANDOVER CERTIFICATE OF ANOKA COUNTY, MINNESOTA AUTHENTICATION This Bond is one of the Bonds /s/ Facsimile described in the Resolution Mayor mentioned within. U.S. BANK NATIONAL /s/ Facsimile ASSOCIATION Clerk St. Paul, Minnesota Bond Registrar By Authorized Signature J 9 1 527763vl ON REVERSE OF BOND Redemption. All Bonds of this issue (the "Bonds") maturing in the years 2008 to 2010, inclusive, are subject to redemption and prepayment at the option of the Issuer on February 1, 2007 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 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 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 I the Bond Registrar (with, if the Issuer or Bond Registrar so requires, a written instrument of transfer in form satisfactory to the Issuer and Bond Registrar duly executed by the Holder thereof or his, her or its attorney duly authorized in writing) and the Issuer 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 of the principal of the Bond so surrendered. Issuance; Purpose; General Obligation. This Bond is one of an issue in the total principal amount of $4,580,000, all oflike date of original issue and tenor, except as to number, maturity, interest rate, denomination and redemption privilege, which Bond has been 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 of the Issuer on May 20,2003 (the "Resolution"), for the purpose of providing money to finance public improvements within the jurisdiction of the Issuer. This Bond is payable out of the Permanent Improvement Revolving 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. Denominations; Exchange; Resolution. The Bonds are issuable solely as fully registered bonds in Authorized Denominations (as defined in the Resolution) and are exchangeable for fully registered Bonds of other Authorized Denominations in equal aggregate 10 1527763vl 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 of the Bond Registrar. Transfer. This Bond is transferable by the Holder in person or by his, her or its 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 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 ofthis 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. Oualified Tax-Exempt Obligation. This Bond has been designated by the Issuer as a "qualified tax-exempt obligation" for purposes of Section 265(b )(3) of the Internal Revenue Code of 1986, as amended. 11 1527763vl ABBREVIATIONS The following abbreviations, when used in the inscription on the face of this Bond, shall be construed as though they were written out in full according to applicable laws or regulations: TEN COM - as tenants in common TEN ENT - as tenants by the entireties JT TEN - as joint tenants with right of survivorship and not as tenants in common UTMA - as custodian for (Cust) (Minor) under the Uniform (State) Transfers to Minors Act Additional abbreviations may also be used though not in the above list. / 12 1527763vl ASSIGNMENT For value received, the undersigned hereby sells, assigns and transfers unto the within Bond and does hereby irrevocably constitute and appoint attomey to transfer the Bond on the books kept for the registration thereof, with full power of substitution in the premises. Dated: Notice: The assignor's signature to this assignment must correspond with the name as it appears upon the face of the within Bond in every particular, without alteration or any change whatever. Signature Guaranteed: Signature(s) must be guaranteed by a national bank or trust company or by a brokerage firm having a membership in one of the major stock exchanges or any other "Eligible Guarantor Institution" as defined in 17 CFR 240.17 Ad-15(a)(2). The Bond Registrar will not effect transfer of this Bond unless the information concerning the transferee requested below is provided. , Name and Address: (Include information for all joint owners if the Bond is held by joint account.) 13 1 527763vl [Use only for Bonds when they are Registered in Book Entry Only System] PREPAYMENT SCHEDULE This Bond has been prepaid in part on the date(s) and in the amount(s) as follows: AUTHORIZED DATE AMOUNT SIGNATURE OF HOLDER / 14 1527763vl 8. Execution: Temporary Bonds. The Bonds shall be printed (or, at the I 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 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 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 of the 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 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 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 June 1,2003. The Certificate of Authentication so executed on each Bond shall be conclusive evidence that it has been authenticated and delivered under this resolution. 10. Registration: Transfer: Exchange. The City will cause to be kept at the principal office of the Bond Registrar a bond register in which, subject to such reasonable regulations as the Bond Registrar may prescribe, the Bond Registrar shall provide for the registration of Bonds and the registration of transfers of Bonds entitled to be registered or transferred as herein provided. Upon surrender for transfer of any Bond at the principal office of the Bond Registrar, the City shall execute (if necessary), and the Bond Registrar shall authenticate, insert the date of registration (as provided in paragraph 9) of, and deliver, in the name of the designated transferee or transferees, one or more new Bonds of any Authorized Denomination or Denominations of a like aggregate principal amount, having the same stated maturity and interest rate, as requested by the transferor; provided, however, that no Bond may be registered in blank or in the name of "bearer" or similar designation. At the option of the Holder, Bonds may be exchanged for Bonds of any Authorized Denomination or Denominations of a like aggregate principal amount and stated maturity, upon surrender of the Bonds to be exchanged at the principal office of the Bond 15 1527763vl Registrar. Whenever any Bonds are so surrendered for exchange, the City shall execute (if necessary), and the Bond Registrar shall authenticate, insert the date of registration of, and deliver the Bonds which the Holder making the exchange is entitled to receive. All Bonds surrendered upon any exchange or transfer provided for in this resolution shall be promptly canceled by the Bond Registrar and thereafter disposed of as directed by the City. 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 his, her or its attorney duly authorized in writing. The Bond Registrar may require payment of a sum sufficient to cover any tax or other governmental charge payable in connection with the transfer or exchange of any Bond and any legal or unusual costs regarding transfers and lost Bonds. Transfers shall also be subject to reasonable regulations 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 Pavrnent: 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 (10) 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 above) 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. 16 1527763vl 14. Delivery: Application of Proceeds. The Bonds when so prepared and executed shall be delivered by the Finance Director to the Purchaser upon receipt ofthe purchase price, and the Purchaser shall not be obliged to see to the proper application thereof. 15. Fund and Account. The City Council has heretofore created a Permanent Improvement Revolving Fund pursuant to Minnesota Statutes, Section 429.091. Within the Permanent Improvement Revolving Fund there is hereby created a special account to be designated the "Series 2003A Debt Service Account," to be administered and maintained by the Finance Director as bookkeeping accounts separate and apart from all other funds maintained in the official financial records of the City. The Pennanent Improvement Revolving Fund shall be maintained in the manner as herein specified until all of the Bonds and any other obligations made payable from the Permanent Improvement Revolving Fund (the "Additional Bonds") and the interest thereon and all improvements to be paid from the Permanent Improvement Revolving Fund have been fully paid. The Revolving Fund is intended for the payment, in whole or in part, of the costs (I) of "improvements" (as defined in Minnesota Statutes, Chapter 429) designated by the City for funding therefrom for which at least 20% of the costs thereof are to be assessed against benefitted properties; (2) of water works, sewer system, or storm sewer system improvements described in Minnesota Statutes, Section 444.075; and/or (3) of such other improvements as may be permitted in accordance with the terms of the Subdivision (collectively, the "Revolving Fund Improvements"). (a) Permanent Improvement Revolving Fund. To the Permanent Improvement Revolving Fund there shall be credited the proceeds of the sale of the Bonds, less I accrued interest received thereon, and less any amount paid for the Bonds in excess of $4,534,200, plus any special assessments levied with respect to the Improvements and special assessments levied with respect to any Additional Improvements (as hereinafter defined). From the Permanent Improvement Revolving Fund there shall be paid all costs and expenses of making the Improvements listed in paragraph 16, and such other improvements for which special assessments may be levied as the City Council may designate (the "Additional Improvements"), including the cost of any construction contracts heretofore let and all other costs incurred and to be incurred of the kind authorized in Minnesota Statutes, Section 475.65; and the moneys in said account shall 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 of the collection of special assessments herein levied or covenanted to be levied; and provided further that ifupon completion of the Improvements or any Additional Improvements there shall remain any unexpended balance in the Permanent Improvement Revolving Fund, the balance may be transferred by the Council to the fund of any other improvement instituted pursuant to Minnesota Statutes, Chapter 429, and provided further that any special assessments credited to the Permanent Improvement Revolving Fund shall only be applied towards payment of the costs of the Improvements or Additional Improvements upon the determination by the Finance Director that the application of the special assessments for such purpose will not cause the City to no longer be in compliance with Minnesota Statutes, Section 475.61, Subdivision 1. The City reserves the right granted by Minnesota Statutes, Section 429.091, Subdivision 7 A to establish a separate construction account within the Permanent Improvement Revolving Fund into which the City may deposit the proceeds of the Bonds or the proceeds of Additional Bonds. 17 1527763vl (b) Series 2003A Debt Service Account. There are hereby irrevocably appropriated and pledged to, and there shall be credited to, the Series 2003A Debt Service Account: (i) special assessments initially credited to the Permanent Improvement Revolving Fund and not already spent as permitted above and required to pay any principal and interest due on the Bonds; (ii) all accrued interest received upon delivery of the Bonds; (iii) all funds paid for the Bonds in excess of $4,534,200; (iv) any collections of all taxes which may hereafter be levied in the event that the special assessments and other revenues herein pledged to the payment of the principal and interest on the Bonds are insufficient therefore; (v) all funds remaining in the Permanent Improvement Revolving Fund after completion of all Improvements and Additional Improvements and payment of the costs thereof; (vi) all investment earnings on funds held in the Series 2003A Debt Service Account; and (vii) any and all other moneys which are properly available and are appropriated by the goveming body of the City to the Series 2003A Debt Service Account. The Series 2003A Debt Service Account shall be used solely to pay the principal and interest and any premiums for redemption of 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 (5%) 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 Permanent Improvement Revolving Fund or Series 2003A Debt Service Account (or any other City account which will be used to pay principal or interest to become due on the bonds payable therefrom) in excess of amounts which under then-applicable federal arbitrage regulations may be invested without regard to yield shall not be invested at a yield in excess of the applicable yield restrictions imposed by said arbitrage regulations on such investments after taking into account any applicable "temporary periods" or "minor portion" made available under the federal arbitrage regulations. Money in the Fund shall not be invested in obligations or deposits issued by, guaranteed by or insured by the United States or any agency or instrumentality thereof if and to the extent that such investment would cause the Bonds to be "federally guaranteed" within the meaning of Section 149(b) of the Internal Revenue Code of 1986, as amended (the "Code"). 16. Assessments. It is hereby determined that no less than one hundred percent (100%) ofthe cost to the City of each Improvement financed hereunder (Foxburgh Crossing, Shady Oak Cove, Woodland Est. 4th Addition, Constance Comers, Maple Hollow, Woodland Creek Golf Course Villas and City View Farms, within the meaning of Minnesota Statutes, Section 475.58, Subdivision 1(3), shall be paid by special assessments to be levied against every assessable lot, piece and parcel of land benefitted by any of the Improvements. The City hereby covenants and agrees that it will let all construction contracts not heretofore let within one (1) year after ordering each Improvement financed hereunder unless the resolution ordering the Improvement specifies a different time limit for the letting of construction contracts. The City hereby further covenants and agrees that it will do and perform as soon as they may be done all acts and things necessary for the final and valid levy of such special assessments, and in the event that any such assessment be at any time held invalid with respect to any lot, piece or parcel of land due to any error, defect, or irregularity in any action or proceedings taken or to be taken by the City or the City Councilor any of the City officers or employees, either in the 18 1527763vl making of the assessments or in the performance of any condition precedent thereto, the City and the City Council will forthwith do all further acts and take all further proceedings as may be required by law to make the assessments a valid and binding lien upon such property. The special assessments have not heretofore been authorized, and accordingly, for purposes of Minnesota Statutes, Section 475.55, Subdivision 3, the special assessments are hereby authorized. Subject to such adjustments as are required by conditions in existence at the time the assessments are levied, the assessments are hereby authorized and it is hereby determined that the assessments shall be payable in equal, consecutive, annual installments, including both principal and interest at a rate per annum of approximately percent L-%): At the time the assessments are in fact levied the City Council shall, based on the then-current estimated collections ofthe assessments, make any adjustments in any ad valorem taxes required to be levied in order to assure that the City continues to be in compliance with Minnesota Statutes, Section 475.61, Subdivision 1. 17. 105% Debt Service Coverage. It is hereby determined that the estimated collections of special assessments relating to the Improvements and the other revenues available to the Debt Service Account will produce at least 5% in excess of the amount needed to meet, when due, the principal of and interest on the Bonds. 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"). 19 1527763vl 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 of the property, project or program to which the Declaration relates and for which the Reimbursement Expenditure is paid, or identifies a specific fund or account of the City and the general functional purpose thereof from which the Reimbursement Expenditure was to be paid (collectively the "Project"); and (iii) states the maximum principal amount of debt expected to be issued by the City for the purpose of financing the Project; provided, however, that no such Declaration shall necessarily have been made with respect to: (i) "preliminary expenditures" for the Project, defined in the Reimbursement Regulations to include engineering or architectural, surveying and soil testing expenses and similar prefatory costs, which in the aggregate do not exceed 20% of the "issue price" ofthe Bonds, and (ii) a de minimis amount of Reimbursement Expenditures not in excess of the lesser of $100,000 or 5% ofthe proceeds of the Bonds. (b) Each Reimbursement Expenditure is a capital expenditure or a cost of issuance of the Bonds or any ofthe other types of expenditures described in Section 1.150- 2(d)(3) of the Reimbursement Regulations. (c) The "reimbursement allocation" described in the Reimbursement Regulations for each Reimbursement Expenditure shall and will be made forthwith following (but not prior to) the issuance of the Bonds and in all events within the period ending on the date which is the later of 18 months 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, but not more than three years after the date ofthe Reimbursement Expenditure. (d) Each such reimbursement allocation will be made in a writing that evidences the City's use of Bond proceeds to reimburse the Reimbursement Expenditure and, if made within 30 days after the Bonds are issued, shall be treated as made on the day the Bonds are issued. Provided, however, that the City may take action contrary to any of the foregoing covenants in this paragraph 19 upon receipt of an opinion of its Bond Counsel for the Bonds stating in effect that such action will not impair the tax-exempt status of the Bonds. 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 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 20 1527763vl 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 ofthe 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. (d) The City agrees that its covenants pursuant to the Rule set forth in this paragraph 20 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 with "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. 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 Series 2003A 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 Series 2003A Debt Service Account when a sufficient balance is available therein. 22. 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 he or she shall require, and to obtain the County Auditor's certificate that the Bonds have been entered in the County Auditor's Bond Register. 23. Records and Certificates. The officers ofthe City are hereby authorized and directed to prepare and furnish to the Purchaser, and to the attorneys approving the legality of the issuance of the Bonds, certified copies of all proceedings and records of the City relating to the Bonds and to the financial condition and affairs of the City, and such other affidavits, . certificates and information as are required to show the facts relating to the legality and marketability of the Bonds as the same appear from the books and records under their custody and control or as otherwise known to them, and all such certified copies, certificates and 21 1527763vl affidavits, including any heretofore furnished, shall be deemed representations of the City as to the facts recited therein. 24. Negative Covenant as to Use of Proceeds and Improvements. The City hereby covenants not to use the proceeds of the Bonds or to use the Improvements, or to cause or permit them to be used, or to enter into any deferred payment arrangements for the cost of the Improvements, in such a manner as to cause the Bonds to be "private activity bonds" within the meaning of Sections 103 and 141 through 150 of the Code. 25. Tax-Exempt Status of the Bonds: Rebate. The City shall comply with requirements necessary under the Code to establish and maintain the exclusion from gross income under Section 103 of the Code of the interest on the Bonds, including without limitation (I) requirements relating to temporary periods for investments, (2) limitations on amounts invested at a yield greater than the yield on the Bonds, and (3) the rebate of excess investment earnings to the United States, if the Bonds (together with other obligations reasonably expected to be issued and outstanding at one time in this calendar year) exceed the small-issuer exception amount of$5,000,000. For purposes of qualifying for the exception to the federal arbitrage rebate requirements for governmental units issuing $5,000,000 or less of bonds, the City hereby finds, determines and declares that (I) the Bonds are issued by a governmental unit with general taxing powers, (2) no Bond is a private activity bond, (3) ninety-five percent (95%) or more of the net proceeds of the Bonds are to be used for local governmental activities of the City (or of a , governmental unit the jurisdiction of which is entirely within the jurisdiction of the City), and (4) the aggregate face amount of all tax-exempt bonds (other than private activity bonds) issued by the City (and all subordinate entities thereof, and all entities treated as one issuer with the City) during the calendar year in which the Bonds are issued and outstanding at one time is not reasonably expected to exceed $5,000,000, all within the meaning of Section 148(f)(4)(D) of the Code. 26. Designation ofOualified Tax-Exempt Obligations. In order to qualify the Bonds as "qualified tax-exempt obligations" within the meaning of Section 265(b )(3) of the Code, the City hereby makes the following factual statements and representations: (a) the Bonds are issued after August 7, 1986; (b) the Bonds are not "private activity bonds" as defined in Section 141 of the Code; (c) the City hereby designates the Bonds as "qualified tax-exempt obligations" for purposes of Section 265(b )(3) of the Code; (d) the reasonably anticipated amount oftax-exempt obligations (other than private activity bonds, treating qualified 501 (c )(3) bonds as not being private activity bonds) which will be issued by the City (and all entities treated as one issuer with the City, and all subordinate entities whose obligations are treated as issued by the City) during this calendar year 2003 will not exceed $10,000,000; and 22 1527763vl (e) not more than $10,000,000 of obligations issued by the City during this calendar year 2003 have been designated for purposes of Section 265(b)(3) of the Code. The City shall use its best efforts to comply with any federal procedural requirements which may apply in order to effectuate the designation made by this paragraph. 27. Pavrnent 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. 28. Severability. If any section, paragraph or provision of this resolution shall be held to be invalid or unenforceable for any reason, the invalidity or unenforceability of such section, paragraph or provision shall not affect any of the remaining provisions of this resolution. 29. Headings. Headings in this resolution are included for convenience of reference only and are not a part hereof, and shall not limit or define the meaning of any provision hereof. The motion for the adoption of the foregoing resolution was duly seconded by member and, after a full discussion thereof and upon a vote being taken thereon, the following voted in favor thereof: / and the following voted against the same: Whereupon said resolution was declared duly passed and adopted. 23 1527763vl 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 of said City, duly called and held on the date therein indicated, insofar as such minutes relate to considering bids for, and awarding the competitive negotiated sale of, $4,580,000 General Obligation Permanent Improvement Revolving Fund Bonds, Series 2003A of said City. WITNESS my hand this 20th day of May, 2003. Clerk ) 24 1527763vl EXTRACT OF MINUTES OF A MEETING OF THE CITY COUNCIL OF THE CITY OF ANDOVER, MINNESOTA HELD: May 20, 2003 Pursuant to due call and notice thereof, a regular meeting of the City Council ofthe City of Andover, Anoka County, Minnesota, was duly held at the City Hall on May 20, 2003, at o'clock P.M., for the purpose, in part, of considering proposals for, and awarding the sale of, $1,555,000 General Obligation Tax Increment Refunding Bonds, Series 2003B. The following members were present: and the following were absent: Member introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING PROPOSAL ON SALE OF $1,555,000 GENERAL OBLIGATION TAX INCREMENT REFUNDING BONDS, SERIES 2003B, PROVIDING FOR THEIR ISSUANCE, 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. I (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 Council has also heretofore created Tax Increment Financing District Nos. 1-1 and 1-2 as redevelopment districts within the Development District (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 issued its General Obligation Tax Increment Bonds of 1996, dated June 1, 1996 (the "Prior Bonds"), pursuant to a resolution of the City Council adopted on May 21, 1996 (the "Prior Resolution"), for the purpose of financing certain capital and administration costs, constituting public improvements (the "Project"), within the Development District; and E. WHEREAS, $1,515,000 in principal amount of the Prior Bonds which mature in the years 2004 and thereafter are subject to redemption and prepayment at the option of the City on August 1, 2003 and on any date thereafter at a price of par plus accrued interest, as provided in Prior Resolution; and F. WHEREAS, the City Council deems it desirable and in the best interests ofthe City to call for redemption and prepayment all of the Prior Bonds which mature on August I, 1527569vl 2004, and thereafter, on August 1,2003 in accordance with the Prior Resolution in order to reduce the debt service costs to the City; and G. WHEREAS, the City Council hereby determines and declares that it is necessary and expedient to issue $1,555,000 General Obligation Tax Increment Refunding Bonds, Series 2003B (the "Bonds" or individually, a "Bond"), pursuant to Minnesota Statutes, Chapter 475, to provide funds to pay on August 1,2003, all of the City's Prior Bonds (the "Refunded Bonds"), which then remain outstanding (the "Refunding"); and H. WHEREAS, the City has retained Ehlers and Associates, Inc., in Roseville, Minnesota ("Ehlers") as its independent financial advisor for the Bonds and therefore 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 12:00 Noon, Central Time, this same day; and 1. WHEREAS, it is in the best interests of the City that the Bonds be issued in book- entry form as hereinafter provided; NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Andover, Minnesota, as follows: 1. Acceptance of Proposal. The proposal of (the "Purchaser"), to purchase the Bonds in accordance with the Terms of Proposal, at the rates of interest hereinafter set forth, and to pay therefor the sum of $ , plus interest accrued to settlement, is hereby found, determined and declared to be the most favorable proposal received and is hereby accepted, and the Bonds are hereby awarded to said proposal maker. The Clerk is directed to retain the deposit of said proposal maker and to forthwith return to the unsuccessful proposal makers their good faith checks or drafts. 2. Bond Terms. (a) Title: Original Issue Date: Denominations: Maturities: Term Bond Option. The Bonds shall be titled "General Obligation Tax Increment Refunding Bonds, Series 2003B", shall be dated June 1, 2003, 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 August 1 in the years and amounts as follows: 2 1527569vl Year Amount Year Amount / 2004 $185,000 2008 $235,000 2005 200,000 2009 245,000 2006 210,000 2010 260,000 2007 220,000 (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 its successors to its functions hereunder (the "Depository") will act as securities depository for the Bonds, and to this end: (i) The Bonds shall be initially issued and, so long as they remain in book entry form only (the "Book Entry Only Period"), shall at all times be in the form of a separate single fully registered Bond for each maturity of the Bonds; and for purposes of complying with this requirement under paragraphs 5 and 10 Authorized Denominations for any Bond shall be deemed to be limited during the Book Entry Only Period to the outstanding principal amount of that Bond. (ii) Upon initial issuance, ownership of the Bonds shall be registered in a bond register maintained by the Bond Registrar (as hereinafter defined) in the name of CEDE & CO., as the nominee (it or any nominee of the existing or a successor Depository, the "Nominee"). (iii) With respect to the Bonds neither the City nor the Bond Registrar shall have any responsibility or obligation to any broker, dealer, bank, or any other financial institution for which the Depository holds Bonds as securities depository (the "Participant") or the person for which a Participant holds an interest in the Bonds shown on the books and records of the Participant (the "Beneficial Owner"). Without limiting the immediately preceding sentence, neither the City, nor the Bond Registrar, shall have any such responsibility or obligation with respect to (A) the accuracy of the records of the Depository, the Nominee or any Participant with respect to any ownership interest in the Bonds, or (B) the delivery to any Participant, any Owner or any other person, other than the Depository, of any notice with respect to the Bonds, including any notice of redemption, or (C) the payment to any Participant, any Beneficial Owner or any other person, other than the Depository, of any amount with respect to the principal of or premium, if any, or interest on the Bonds, or (D) the consent given or other action taken by the Depository as the Registered Holder of any Bonds (the "Holder"). For purposes of securing the vote or consent of any Holder under this Resolution, the City may, however, rely upon an omnibus proxy under which the Depository assigns its consenting or voting rights to certain Participants to whose accounts the Bonds are credited on the record date identified in a listing attached to the omnibus proxy. (iv) The City and the Bond Registrar may treat as and deem the Depository to be the absolute owner of the Bonds for the purpose of payment of the principal of and premium, if any, and interest on the Bonds, for the purpose of giving notices of redemption and other matters with respect to the Bonds, for the purpose of obtaining any 3 1527569vl 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 and the Holders of the Bonds as shown on the bond register, and all such payments shall be valid and effective to fully satisfy and discharge the City's obligations with respect to the principal of and premium, if any, and interest on the Bonds to the extent of the sum or sums so paid. (v) Upon delivery by the Depository to the Bond Registrar of written notice to the effect that the Depository has determined to substitute a new Nominee in place of the existing Nominee, and subject to the transfer provisions in paragraph 10 hereof, references to the Nominee hereunder shall refer to such new Nominee. (vi) So long as any Bond is registered in the name of a Nominee, all payments with respect to the principal of and premium, if any, and interest on such Bond and all notices with respect to such Bond shall be made and given, respectively, by the Bond Registrar or City, as the case may be, to the Depository as provided in the Letter of Representations to the Depository required by the Depository as a condition to its acting as book-entry Depository for the Bonds (said Letter of Representations, together with any replacement thereof or amendment or substitute thereto, including any standard procedures or policies referenced 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. (x) Termination of Book-Entrv Onlv System. Discontinuance of a particular Depository's services and termination of the book-entry only system may be effected as follows: 4 1527569vl (xi) 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. (xii) Upon termination of the services of the Depository as provided in the preceding paragraph, and if no substitute securities depository is willing to undertake the functions of the Depository hereunder can be found which, in the opinion of the City, is willing and able to assume such functions upon reasonable or customary terms, or if the City determines that it is in the best interests of the City or the Beneficial Owners of the Bond that the Beneficial Owners be able to obtain certificates for the Bonds, the Bonds shall no longer be registered as being registered in the bond register in the name of the Nominee, but may be registered in whatever name or names the Holder of the Bonds shall designate at that time, in accordance with paragraph 10 hereof. To the extent that the Beneficial Owners are designated as the transferee by the Holders, in accordance with paragraph 10 hereof, the Bonds will be delivered to the Beneficial Owners. (xiii) Nothing in this subparagraph (d) shall limit or restrict the provisions of paragraph 10 hereof. (c) 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. The Bonds (together with other available funds, if any, appropriated in paragraph 15) shall provide funds to finance the Refunding. It is hereby found, determined and declared that the Refunding is pursuant to Minnesota Statutes, Section 475.67 and shall result in a reduction of debt service cost to the City. 4. Interest. The Bonds shall bear interest payable semiannually on February 1 and August I of each year (each, an "Interest Payment Date"), commencing February 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: Maturity Interest Maturity Interest Year Rate Year Rate 2004 % 2006 % 2005 2007 5. Redemption. All Bonds maturing in the years 2009 to 2010, inclusive, shall be subject to redemption and prepayment at the option of the City on August I, 2008, and on any date thereafter at a price of par plus accrued interest. Redemption may be in whole or in part of 5 1527569v1 " 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 of the principal amount of such Bond. The Bond Registrar shall then select by lot, using such method of selection as it shall deem proper in its discretion, from the numbers so assigned to such Bonds, as many numbers as, at $5,000 for each number, shall equal the principal amount of such Bonds to be redeemed. The Bonds to be redeemed shall be the Bonds to which were assigned numbers so selected; provided, however, that only so much of the principal amount of each such Bond of a denomination of more than $5,000 shall be redeemed as shall equal $5,000 for each number assigned to it and so selected. If a Bond is to be redeemed only in part, it shall be surrendered to the Bond Registrar (with, if the City or Bond Registrar so requires, a written instrument of transfer in form satisfactory to the City and Bond Registrar duly executed by the holder thereof or his, her or its attomey 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 of the principal ofthe 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 of this resolution. 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 1527569vl UNITED STATES OF AMERICA / STATE OF MINNESOTA ANOKA COUNTY CITY OF ANDOVER R- $ GENERAL OBLIGATION TAX INCREMENT REFUNDING BOND, SERIES 2003B INTEREST MATURITY DATE OF RATE DATE ORIGINAL ISSUE CUSIP AUGUST 1,20_ JUNE I, 2003 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 February 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 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 1527569vl Redemption. All Bonds of this issue (the "Bonds") maturing in the years 2009 to 2010, I inclusive, are subject to redemption and prepayment at the option of the Issuer on August 1,2008 and on any date thereafter at a price of par plus accrued interest. Redemption may be in whole or in part ofthe 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 of the principal amount of such Bond. The Bond Registrar shall then select by lot, using such method of selection as it shall deem proper in its discretion, from the numbers assigned to the Bonds, as many numbers as, at $5,000 for each number, shall equal the principal amount of such Bonds to be redeemed. The Bonds to be redeemed shall be the Bonds to which were assigned numbers so selected; provided, however, that only so much of the principal amount of such Bond of a denomination of more than $5,000 shall be redeemed as shall equal $5,000 for each number assigned to it and so selected. If a Bond is to be redeemed only in part, it shall be surrendered to the Bond Registrar (with, if the Issuer or Bond Registrar so requires, a written instrument of transfer in form satisfactory to the Issuer and Bond Registrar duly executed by the Holder thereof or his, her or its attorney duly authorized in writing) and the Issuer shall execute (if necessary) and the Bond Registrar shall authenticate and deliver to the Holder of such Bond, without service charge, a new Bond or Bonds of the same series having the same stated maturity and interest rate and of any Authorized Denomination or Denominations, as requested by such Holder, in aggregate principal amount equal to and in exchange for the unredeemed portion of the principal of the Bond so surrendered. Issuance: Purpose: General Obligation. This Bond is one of an issue in the total principal amount of$I,555,000, 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 of the Issuer on May 20,2003 (the "Resolution"), for the purpose of providing money to redeem on August 1, 2003, all ofthe Issuer's outstanding General Obligation Tax Increment Bonds of 1996, dated June 1, 1996. This Bond is payable out of the General Obligation Tax Increment Refunding Bonds, Series 2003B Fund of the Issuer. This Bond constitutes' a general obligation ofthe Issuer, and to provide moneys for the prompt and full payment of its principal, premium, if any, and interest when the same become due, the full faith and credit and taxing powers of the Issuer have been and are hereby irrevocably pledged. Denominations: Exchange: Resolution. The Bonds are issuable solely in fully registered form in Authorized Denominations (as defined in the Resolution) and are exchangeable for fully registered Bonds of other Authorized Denominations in equal aggregate principal amounts at the 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 1527569vl rights and duties of the Bond Registrar. Copies of the Resolution are on file in the principal I office of the 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 hereoffor 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. Oualified Tax-Exempt Obligation. This Bond has been designated by the Issuer as a "qualified tax-exempt obligation" for purposes of Section 265(b)(3) of the Internal Revenue Code of 1986, as amended. IT IS HEREBY CERTIFIED AND RECITED that all acts, conditions and things required by the Constitution and laws of the State of Minnesota to be done, to happen and to be performed, precedent to and in the issuance of this Bond, have been done, have happened and have been performed, in regular and due form, time and manner as required by law, and that this Bond, together with all other debts of the Issuer outstanding on the date of original issue hereof and the date of its issuance and delivery to the original purchaser, does not exceed any constitutional or statutory limitation of indebtedness. 9 1527569v[ 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 of the Issuer having been intentionally omitted as permitted by law. Date of Registration: Registrable by: U.S. BANK NATIONAL ASSOCIATION Payable at: U.S. BANK NATIONAL BOND REGISTRAR'S ASSOCIATION CERTIFICATE OF AUTHENTICATION CITY OF ANDOVER, This Bonds is one of the ANOKA COUNTY, MINNESOTA Bonds described in the Resolution mentioned within. /s/ Facsimile Mayor U.S. BANK NATIONAL ASSOCIATION St. Paul, Minnesota /s/ Facsimile Bond Registrar Clerk By: , Authorized Signature 10 1527569vl ABBREVIATIONS The following abbreviations, when used in the inscription on the face of this Bond, shall be construed as though they were written out in full according to applicable laws or regulations: TEN COM - as tenants in common TEN ENT - as tenants by the entireties JT TEN - as joint tenants with right of survivorship and not as tenants in common UTMA - as custodian for (Cust) (Minor) under the Uniform 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 if the Bond is held by joint account 11 1527569v1 PREPAYMENT SCHEDULE This Bond has been prepaid in part on the date(s) and in the amount(s) as follows: AUTHORIZED DATE AMOUNT SIGNATURE OF HOLDER 12 1527569v1 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 City 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 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 City Clerk. Such temporary bonds shall, upon the printing of the definitive bonds and the execution thereof, be exchanged therefor and cancelled. 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 June 1,2003. The Certificate of Authentication so executed on each Bond shall be conclusive evidence that it has been authenticated and delivered under this resolution. 10. Registration: Transfer; Exchange. The City will cause to be kept at the principal office of the Bond Registrar a bond register in which, subject to such reasonable regulations as the Bond Registrar may prescribe, the Bond Registrar shall provide for the registration of Bonds and the registration of transfers of Bonds entitled to be registered or transferred as herein provided. Upon surrender for transfer of any Bond at the principal office of the Bond Registrar, the City shall execute (if necessary), and the Bond Registrar shall authenticate, insert the date of registration (as provided in paragraph 9) of, and deliver, in the name of the designated transferee or transferees, one or more new Bonds of any Authorized Denomination or Denominations of a like aggregate principal amount, having the same stated maturity and interest rate, as requested by the transferor; provided, however, that no Bond may be registered in blank or in the name of "bearer" or similar designation. At the option of the Holder, Bonds may be exchanged for Bonds of any Authorized Denomination or Denominations of a like aggregate principal amount and stated maturity, upon surrender of the Bonds to be exchanged at the principal office of the Bond Registrar. Whenever 13 1527569vl any Bonds are so surrendered for exchange, the City shall execute (if necessary), and the Bond Registrar shall authenticate, insert the date of registration of, and deliver the Bonds which the Holder making the exchange is entitled to receive. All Bonds surrendered upon any exchange or transfer provided for in this resolution shall be promptly canceled by the Bond Registrar and thereafter disposed of as directed by the City. All Bonds delivered in exchange for or upon transfer of Bonds shall be valid general obligations of the City evidencing the same debt, and entitled to the same benefits under this resolution, as the Bonds surrendered for such exchange or transfer. Every Bond presented or surrendered for transfer or exchange shall be duly endorsed or be accompanied by a written instrument of transfer, in form satisfactory to the Bond Registrar, duly executed by the Holder thereof or the Holder's attorney duly authorized in writing. The Bond Registrar may require payment of a sum sufficient to cover any tax or other governmental charge payable in connection with the transfer or exchange of any Bond and any legal or unusual costs regarding transfers and lost Bonds. Transfers shall also be subject to reasonable regulations of the City contained in any agreement with the Bond Registrar, including regulations which permit the Bond Registrar to close its transfer books between record dates and payment dates. The 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 Pavrnent: 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 (10) 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 above) 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 1527569v1 14. Delivery: Application of Proceeds. The Bonds when so prepared and executed shall be delivered by the Finance Director 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. (a) Bond proceeds in the amount of $ shall be deposited in the Debt Service Fund for the Prior Bonds heretofore created by the Prior Resolution for the Prior Bonds, which amount, together with all other funds held therein and $ of available funds from the City duly appropriated for such purpose is sufficient to prepay the Refunded Bonds on August 1,2003 (the "Payment Account") . (b) There is hereby created a special fund to be designated the "General Obligation Tax Increment Refunding Bonds, Series 2003B Fund" (the "Fund") to be administered and maintained by the Finance Director as a bookkeeping account separate and apart from all other funds maintained in the official financial records of the City. The Fund shall be maintained in the manner herein specified until all of the Bonds and the interest thereon have been fully paid. There shall be maintained in the Fund two (2) separate accounts, to be designated the "Cost of Issuance Account" and "Debt Service Account", respectively. (i) Cost ofIssuance Account. There shall be deposited in the Cost ofIssuance Account all of the remaining proceeds of the Bonds not otherwise deposited in the Payment Accounts as provided in paragraph 15(a), less accrued interest received thereon, and less any amount paid for the bonds in excess of $1 ,539,450. Monies in the Cost of Issuance Account shall be used to pay the costs of issuing the Bonds. Any monies remaining in the Cost ofIssuance Account after all costs of issuance have been paid or provided for shall be transferred to the Debt Service Account for the Bonds. (ii) Debt Service Account. There are hereby irrevocably appropriated and pledged to, and there shall be credited to the Debt Service Account: (1) accrued interest; (2) any amount paid for the Bonds in excess of $1 ,539,450; (3) Tax Increments in an amount which, together with other revenues herein pledged to the payment thereof, are sufficient to pay the principal and interest to become due on the Bonds; (4) all collections of any ad valorem taxes which may be levied in the event the Tax Increments herein pledged for the payment of the principal and interest on the Bonds are insufficient for the payment thereof; (5) funds remaining in the Cost ofIssuance Account after all costs of issuing the Bonds have been paid; (6) funds remaining on deposit in the Payment Account after the Refunded Bonds have been paid and discharged; (7) all investment earnings on funds in the Debt Service Account; and (8) any and all other moneys which are properly available and are appropriated by the governing body ofthe 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. (c) The moneys in the Debt Service Account shall be used solely to pay the principal of and interest on the Bonds or any other bonds hereafter issued and made payable from the I Fund. No portion of the proceeds ofthe Bonds shall be used directly or indirectly to acquire 15 1527569v1 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 (5%) 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 sued 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. Covenants Relating to the Bonds. (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 not financed hereby 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 (5%) in excess of the 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 Finance Director shall certify to the County Auditor of Anoka County the amount of Tax Increments and any other funds 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 (6) 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 funds 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. (d) Reservation of Rights. 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. 16 1527569v1 17. Defeasance. When all Bonds have been discharged as provided in this paragraph, I 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 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. 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. (d) The City agrees that its covenants pursuant to the Rule set forth in this paragraph 20 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 with "Officers" are hereby authorized and directed to execute on behalf of the City the Undertaking in substantially the form presented to the City Council subject to such modifications thereof or additions thereto as are (i) consistent with the requirements under the Rule, (ii) required by the Purchaser of the Bonds, and (iii) acceptable to the Officers. 17 1527569vl , 19. 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. 20. Notice of Call for Redemption. The Clerk is hereby authorized and directed to cause mailed notice of redemption prior to August 1, 2003 to the paying agent for the Refunded Bonds and to all registered holders of the Refunded Bonds. The Notice of Redemption shall be in substantially the form attached hereto as Exhibit B. 21. Prior Bonds: Securitv. 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. 22. Certificate of Registration. The Administrator 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 a certificate that the Bonds have been entered in the County Auditor's Bond Register. 23. Records and Certificates. The officers of the City are hereby authorized and directed to prepare and furnish to the Purchaser, and to the attorneys approving the legality of the / issuance of the Bonds, certified copies of all proceedings and records of the City relating to the Bonds and to the financial condition and affairs of the City, and such other affidavits, certificates and information as are required to show the facts relating to the legality and marketability 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 heretofore furnished, shall be deemed representations of the City as to the facts recited therein. 24. Negative Covenant as to Use of Bond Proceeds and Proiect. The City hereby covenants not to use the proceeds of the Bonds or to use the Project, or to cause or permit them to be used, or to enter into any deferred payment arrangements for the cost of the Project, in such a manner as to cause the Bonds to be "private activity bonds" within the meaning of Sections 103 and 141 through 150 of the Code. 25. Tax-Exempt Status of the Bonds: Rebate. The City shall comply with requirements necessary under the Code to establish and maintain the exclusion from gross income under Section 103 ofthe Code of the interest on the Bonds, including without limitation (1) requirements relating to temporary periods for investments, (2) limitations on amounts invested at a yield greater than the yield on the Bonds, and (3) the rebate of excess investment earnings to the United States if the Bonds (together with other obligations reasonably expected to be issued and outstanding at one time in this calendar year) exceed the small issuer exception amount of$5,000,000. 18 1527569v1 For purposes of qualifying for the exception to the federal arbitrage rebate requirements ) for governmental units issuing $5,000,000 or less of bonds, the City hereby finds, determines and declares that (1) the Bonds are issued by a governmental unit with general taxing powers, (2) no Bond is a private activity bond, (3) ninety-five percent (95%) or more of the net proceeds of the Bonds are to be used for local governmental activities of the City (or of a governmental unit the jurisdiction of which is entirely within the jurisdiction ofthe City), and (4) the aggregate face amount of all tax exempt bonds (other than private activity bonds) issued by the City (and all subordinate entities thereof, and all entities treated as one issuer with the City) during the calendar year in which the Bonds are issued and outstanding at one time is not reasonably expected to exceed $5,000,000, all within the meaning of Section 148(f)(4)(D) of the Code. Furthermore: (a) there shall not be taken into account for purposes of said $5,000,000 limit any bond issued to refund (other than to advance refund) any bond to the extent the amount of the refunding bond does not exceed the outstanding amount of the refunded bond; (b) the aggregate face amount of the Bonds does not exceed $5,000,000; (c) each of the Refunded Bonds was issued as part of an issue which was treated as meeting the rebate requirements by reason of the exception for governmental units issuing $5,000,000 or less of bonds; .I (d) the average maturity of the Bonds does not exceed the average maturity of the Refunded Bonds; and (e) no part of the Bonds has a maturity date which is later than the date which is thirty (30) years after the dates the Refunded Bonds were issued. 26. Designation ofOualified Tax-Exempt Obligations: Issuance Limit. In order to qualify the Bonds as "qualified tax-exempt obligations" within the meaning of Section 265(b )(3) of the Code, the City hereby makes the following factual statements and representations: (a) the Bonds are issued after August 7, 1986; (b) the Bonds are not "private activity bonds" as defined in Section 141 of the Code; (c) the City hereby designates the Bonds as "qualified tax-exempt obligations" for purposes of Section 265(b)(3) of the Code; (d) the reasonably anticipated amount of tax -exempt obligations (other than private activity bonds, treating qualified 501 (c )(3) bonds as not being private activity bonds) which will be issued by the City (and all entities treated as one issuer with the City, and all subordinate entities whose obligations are treated as issued by the City) during this calendar year 2003 will not exceed $10,000,000; 19 1527569vl (e) not more than $10,000,000 of obligations issued by the City during this calendar J year 2003 have been designated for purposes of Section 265(b)(3) of the Code; (f) the aggregate face amount of the Bonds does not exceed $10,000,000; and (g) the Bonds are issued to refund, and not to "advance refund" the Prior Bonds within the meaning of Section 149( d)( 5) of the Code, and shall not be taken into account under the $10,000,000 issuance limit to the extent the Bonds do not exceed the outstanding amount of the Prior Bonds. The City shall use its best efforts to comply with any federal procedural requirements which may apply in order to effectuate the designation made by this paragraph. 27. Pavrnent ofIssuance Expenses. The City authorizes the Purchaser to forward the amount of Bond proceeds allocable to the payment of issuance expenses to U.S. Trust Company, Minneapolis, Minnesota on the closing date for further distribution as directed by the City's financial advisor, Ehlers. 28. Severability. If any section, paragraph or provision of this resolution shall be held to be invalid or unenforceable for any reason, the invalidity or unenforceability of such section, paragraph or provision shall not affect any of the remaining provisions of this resolution. 29. Headings. Headings in this resolution are included for convenience of reference \ only and are not a part hereof, and shall not limit or define the meaning of any provision hereof. / The motion for the adoption of the foregoing resolution was duly seconded by member and, after a full discussion thereof and upon a vote being taken thereon, the following voted in favor thereof: and the following voted against the same: Whereupon the resolution was declared duly passed and adopted. 20 1527569v1 STATE OF MINNESOTA I COUNTY OF ANOKA CITY OF ANDOVER I, the undersigned, being the duly qualified and acting Clerk of the City of Andover, Minnesota, DO HEREBY CERTIFY that I have compared the attached and foregoing extract of minutes with the original thereof on file in my office, and that the same is a full, true and complete transcript of the minutes of a meeting of the City Council duly called and held on the date therein indicated, insofar as such minutes relate to authorizing the issuance and awarding the sale of$I,555,000 General Obligation Tax Increment Refunding Bonds, Series 20mB. WITNESS my hand on May 20, 2003. Clerk I 21 1527569v1 EXHIBIT B NOTICE OF CALL FOR REDEMPTION GENERAL OBLIGATION TAX INCREMENT BONDS OF 1996 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 August 1, 2003 those outstanding bonds of the City designated as General Obligation Tax Increment Bonds of 1996, dated June 1, 1996 having stated maturity dates in the following years, totaling $1,515,000 in principal amount and having CUSIP numbers listed below: Year CUSIP Number* 2004 2005 2006 2007 2008 2009 2010 I 2011 2012 The bonds are being called at a price of par plus accrued interest to August 1,2003, on which date all interest on said 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 (formerly, First Trust National Association) in St. Paul, Minnesota, on or before August 1, 2003. * The City shall not be responsible for the selection of or use of the CUSIP numbers, nor is any representation made as to their correctness indicated in the notice. They are included solely for the convenience of the holders. Dated: May 20, 2003 BY ORDER OF THE CITY COUNCIL Isl John Erar. Administrator [Add any additional information] 1527569vl B-1 . '4 (]) , CITY OF ANDOVER , 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304. (763) 755-5100 FAX (763) 755-8923. WWW.cJ.ANDOVER.MN.US TO: Mayor and Councilmembers CC: John Erar, City Administrato~ FROM: Dana Peitso, Human Resources Manager SUBJECT: Accept April Customer Service Update DATE: May 20th, 2003 INTRODUCTION As part of the City of Andover's commitment to excellence, the City of Andover has implemented a Customer Service Program. Attached is the April data. DISCUSSION The data is very good. As you can see by the data summary, 90% of the responses were in either / the Excellent or Good categories, and 90% ofthe requests were handled within one week or less. ACTION REOUESTED None, informational only. 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ANDOVER, MINNESOTA 55304. (763) 755-5100 , FAX (763) 755-8923 . WW\VC1.ANDOVER,MN,US / TO: Mayor and Councilmembers FROM: John F, Erar, City Administrator SUBJECT: Schedule EDA Board Meeting DATE: May 20, 2003 INTRODUCTION The City Council is requested to schedule an EDA Board meeting to discuss development issues related to Andover Station South and discuss and raise any questions that the EDA Board may have regarding the possible issuance of a Lease Revenue Bond in support of the proposed Andover/YMCA Community Center, DISCUSSION In keeping with recent Council direction regarding the scheduling of EDA Board meetings, Council is requested to schedule an EDA Board meeting for 6:00 p.m, on Tuesday, June 3, 2003 prior to the regular City Council meeting. Tentative Agenda items for the EDA Board meeting include: 1. Review/Approve United Properties Commercial Site Layout Plan 2. Receive Update on Andover Station Residential Site Plan 3, Review/Approve Andover Station North Mitigation Plan 4, Discuss Lease Revenue Bonds 5, Receive Update on EDA Property Acquisition of Great River Energy site ACTION REQUIRED Approve the scheduling of an EDA Board meeting for Tuesday, June 3, 2003 at 6:00 p,m, fhn F. Erar ity Administrator Cc: EDA Commissioner Bob Nowak, Sr, EDA Commissioner Fred Larsen III , @ CITY OF ANDOVER . 1685 CROSSTOWN BOULEVARD N,W. . ANDOVER, MINNESOTA 55304. (763) 755-5100 FAX (763) 755-8923. WW\VCI.ANDOVERMN,US TO: Mayor and Councilmembers FROM: John Erar, City Administrator SUBJECT: Schedule Council Workshop DATE: May 20, 2003 INTRODUCTION The City Council is requested to schedule a Council workshop to discuss a number of miscellaneous City business items. DISCUSSION The proposed Council workshop agenda is as follows: 1. Consider Acquisition Arrangement of Slyzuk Property for Public Works \ Expansion 2, Consider Ordinance Change to Parking Stall Standards for Institutionally Zoned Property 3, Consider Property Acquisition \ 1949 Crosstown Boulevard NW 4, Receive Harstad Companies Response on Sanitary Sewer Feasibility Report Cost Allocation 5, Discuss 2004 Council Budget Priorities and Approve 2004 Budget Guidelines ACTION REQUIRED In keeping with recent Council directives, the workshop has been scheduled for May 27, 2003 at 7:00 p.m" which is the last/fourth Tuesday of the month, Dr~91 r\J - DATE Mav 20.2003 11j.\ ITEMS GIVEN TO THE CITY COUNCIL ~ ~ > Letter from Steve Kerr, ISD #11/Community Ed, - May 1,2003 > Letter to residents in area of Prairie Road Reconstruction - May 15, 2003 > Information from Chris DeLaForest - May 16, 2003 > The Connection PLEASE ADDRESS THESE ITEMS AT THIS MEETING OR PUT THEM ON THE NEXT AGENDA. THANK YOU. G:IDA TAISTAFFIRHONDAAIAGENDAICClIST,DOC May-16-Z003 09:04am From-Minnesota House of Representatives 651Z96147B T-3Z7 P,OOI/00B F-Zll .' , From: Rep. Chris DeLaForest Phone: 651-297-8139 To: John Erar, City of Andover Fax #: 763-755-8923 Sent: 5/16/03, 9 AM Total pages sent (including this one): 8 pages I{~ '" c-cJ. ~ 1 I~ r'l~ RY. . ~ '0"1\ G~ [~, [~~ to f4 /)e.-lA ~ /Wv,) ~ - (l.... .( . ~ j(g 2Q17~- ~ fY\ FV~I I ~ G-mt.M ,. (/.A.r. ~1O rM:t~M4) MAY 16 2003 09:06 6512961478 PAGE. 01 May-16-2003 09:05am From-Minnesota House of Representatives 6512961478 T-327 P,002!OO8 F-211 . : / CURRENT LAW HRA POWERS WIlli LEVY AUTHORITY ALL CITIES ALL COUNTIES..................LEVY AUTHORITY OVER ALL JURISDICTIONS EDAlCDA POWERS Willi ADDITIONAL LEVY AUTHORITY ALL CITIES ALL RURAL COUNTIES SCOTI, CARVER & DAKOTA BETZOLD BILL CDAPOWERSTOANO~ NO INCREASE IN LEVY AUTHORITY, HENNEPIN. RAMSEY OPERATE UNDER cURRENT BRA WASHINGTON LEVY LIMITS ANOKA COUNTY ONLY ADDITIONAL LIMIT CAN ONLY LEVY 40% HRA LEVY IN CITIES WITH HRA'S - - MAY 16 2003 09:06 6512961478 PAGE. 02 May-16-2003 09:05am From-Minnesota House of Representatives 6512961478 T-327 P,003/008 F-211 !'.. ::r -,- u - - 0" ..., <""t# - 0 =- lit > > < ...... ~ )>)> -'to (1)1 ..,.....,)> > ....... oE.9' .. UI CQ c; O't ~........ c crt ...... n 3 -f -f !! - 0. -f -f Cl) - Ul. ......, -f -f Cl) - ~'. CD pi W DI <:;') _._ A>> m .... 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P !'-'p P to ~ ~~ ~ ~~ ~ ~N ~ ~ Q ~ R ~- ~ ~- ~ ~- ~ w f'. ~ "1.~ ~- ~ .... ~ .... ~ ~ N - .... N o N 0 ~ <::) ~ ~ . ....., " CO . CO - m N ~ ~ N ~ ~ ~ ~ ~ . -...J , . -...J , 0 -...J , ~ N 0 ~ N m ~ N N ~ ~ C ~ ~ 0 0 ~ ~ .... (,I) ~ ~ ~.... N N N .... 0 .. .. .. 0 p~ PC; O~ en ~ N = ANN ~ ~ ~ . N . . N . . N . m ~ ~ ~ ~ .... ~ = ~ m ~ ~ ~ ~ ~ A ~ a MAY 16 2003 09:06 6512961478 PAGE. 03 lMy-16-ZDD3 D9:D5i11 From-Minnesota House of Representatives 6512961478 T-32T P.D04ID08 F-211 , 05{09{03 [COUNSEL ) JZS BL0339 1 Senator ..... moves to amend S.F. NO. ...... as follows: 2 Page .... after line ....., insert: 3 "Sec. . .. [469.1083) [COUNTY ECONOMIC DEVELOPMENT 4 AUTHORITY: METROPOLITAN AREA.] 5 Subdivision L [ECONOMIC DEVELOPMENT POWERS AND DUTIES.) !: 6 county located in the metropolitan area may. by resolution of 7 the county board. grant an existing county housing and 8 redevelopment authority any of the po~ers and duties of an 9 economic development authority under sections 469.090 to 10 469.093. 469.095 to 469.106. 469.108. and 469. 108l. For the 11 purposes of this section. a county community development 12 authority is a county housing and redevelopment authority that 13 has been granted economic development authority powers and 14 duties. In applying sections 469.090 to 469.093, 469.095 to 15 469.106. 469.108. and 469.1081 to a county ~ommunity development 16 authority. the county is considered to be the city and the 17 county board is considered to be the city council. 18 Subd. 2. [RELATION TO LOCAL AUTHORITIES.) Nothing in this 19 section shall alter or impair the powers or duties of a city. a 20 municipal housing and redevelopment authority, or a municipal 21 economic development authority. 22 Subd. 3. [LOCAL APPROVAL.] If an economic development 23 proiect is constructed in the county under this section and the 24 proiect is within the boundaries of a home. rule charter or 25 statutory city,. the location of the proiect must be approved by 26 the governing body of the city. 27 [EFFECTIVE DATE.] This section is effective the day 28 following final enactment and applies in the counties of Anoka, 29 Hennepin, Ramsey, and Washington. 30 Sec. .,. LaWS 1978, chapter 464, section 1, is amended to 31 read: 32 section 1. [ANOKA COUNTY: HOUSING AND REDEVELOPMENT.] 33 SUbdivision 1. There is created in the county of Anoka a 34 public body corporate and politic, to be known as the Anoka 35 county housing and redevelopment authority, having all of the 36 powers and duties of a housing and redevelopment authority under Section 469 1 . MaY 1l:. ~"'l C'IQ~~ c.J::1'jQC1A"'O co!'::!::' O'lA MwlHDD3 09:05am From-Minnesota House of Representatives S51Z9S1478 T-3Z7 P.DD5/DDB F-Z11 . 05{09{03 [COUNSEL ] JZS BL0339 1 the provisions of the municipal housing and redevelopment act, 2 Minnesota stQtutes, See~~eft-+6r~+~~-~e-+6r~~~~ sections 469.001 3 to 469.047. For the purposes of applying the provisions of the 4 municipal housing and redevelopment act to Anoka county, the 5 county has all of the powers and duties of a municipality, the 6 county board has all of tbe powers and duties of a governing 7 body, the chairman of the county board has all of the powers and 8 duties of a mayor, and the area of operation includes the area 9 within the territorial boundaries of the county. 10 Subd. 2. This section shall not limit or restrict any . ",rfO> ~"in9 11 existing housing and redevelopment authority or prevent a 12 ...:nunicipality from creating an authority. i Th~' county Sh~~, 13 I exercise Jur~sdiction in any municipality where a municipal ':", --, 14{ housing and redevelopment authority is establishe~J~ .-.-- -..... ---_..-~ .- ----- 15 municipal housing and redevelopment authority requests the Anoka 16 county housing and redevelopment authority to handle the housing 17 duties of the municipal authority, the Anoka county housing and 18 redevelopment authority shall act and have exclusive 19 jurisdiction for housing in the municipality. A transfer of 20 duties relating to housing shall not transfer any duties 21 relating to redevelopment. 22 Subd. 3. [TAXING DISTRICT.) The taxinq district of the 23 Anoka county housinq and redevelopment authority shall include 24 all cities and towns within Anoka county, except that a city may 25 limit its participation as provided'in this subdivision. The 26 Anoka county board shall notify all cities and towns located .27 within Anoka county if it adopts a resolution grantinq economic 28 development authority powers to the Anoka county housinq and 29 redevelopment authority under Minnesota statutes, section 30 469.1083, subdivision 1. within 12 months following the Anoka 31 county board's adoption of the resolution, a city may adopt a 32 resolution requestinq limited participation. Such limited 33 participation shall be effective only if each of the followinq 34 criteria are met: 35 (1) the city has created a housing and redevelopment 36 authority prior to December 13, 1994; Section 469 2 " MAY 16 2003 09:07 6512961478 PAGE. 05 M.~-16-Z00l 08 :05.. F roo-Mi nn..ola Hou.. 01 Repr...nt.t i yes 651Z861m T-3ZT P.006/00B F-Z11 . . 05/09/03 [COUNSEL ) JZS BL0339 (2)' the city has not transferred ;urisdiction for housing .. 1 2 to the Anoka 'county housing and redevelopment authority under 3 subdivision 2; and 4 (3) the Anoka county housing and redevelopment authority 5 levy within the city is not pledged for the repayment of bonds 6 or other forms of indebtedness. 7 The levy of the Anoka county housing and redevelopment 8 authority within a city with limited participation must not ,~ exceed 40 percent of the maximum levy allowed by law. The Anoka 10 county housing and redevelopment authority shall not undertake a 11 housing project, a housing development pro;ect, a redevelopment 12 project, or an economic development pro;ect within the 13 boundaries of a city with limited participation. A city with 14 limited participation may. at any time, adopt a resolution 15 revoking its limited participation status. 16 [EFFECTIVE DATE.] This section is effective the day after 17 the governing body of Anoka county and its chief clerical 18 officer timelY complete their compliance with Minnesota 19 statutes, section 645.021, subdivisions 2 and 3." 20 Renumber the sections in sequence and correct the internal 21 references 22 Amend the title accordingly 3 MAY 162003 09:07 6512961478 PAGE,06 May-16-2003 09:06am From-Minnesota House of Representatives 6512961478 T-327 P.OO7/008 Hl1 . . May 8, 2003 Senator Betzold, This is an informal poll. I called staff (city adminislrator or economic development staff) at each city or township and asked if there has been discussion with their city councilor township board regarding thc legislation. In most cases there has been discussion but no official action taken, The exceptions to this are the cities that have passed resolutions opposing the creation of an Anoka County CDA. Those citics are identified in the opposed colwnn. As there has been no fonnal action taken by the cities listed in the support column, it is staff, familiar with the legislation, opinion that there is support among the city council members for the legislation. CITY Opposed Support Unknown Andover X Anoka X Bethel X, Blaine X Bums X Centerville X Circle X Pines Columbia X Heights Columbus X Coon X Rapids East X Bethel Fridley X Ham Lake X Hilltop X Lexington X Lino X Lakes Linwood X Oak Grove X Ramsev X St. Francis X Spring X Lake Park Other organizations that support this legislation: Mctropolitan Interfaith Council on Affordable Housing (MICAH) Anoka C01ll1ty Economic Developmcnt Partnership MAY 16 2003 09:07 6512961478 PAGE. 07 May-16-Z00S 09:06am From-Minnesota House of Representatives 651Z96147B T-327 P.OOB/OOB F-211 ~/'..Jl()S . . 2090 JOURNAL OF THE SENATE [55TH DAY Larson McVinn Olson Reiter S~jem LeClair Michel Ortman Robling Wergin L.imma Neu\'iIIe Ourada Rosen ,~ ."" Marko Nienow ' Pariseau Ruud .~ ., Those who voted in the negative were: i t.. Anderson Foley Loure}' Rest Sp:lrlcs ~ " Ball Higgins Many Sams Stumpf '(: Berglin Hottinger Metzen Saxhaug Tomassoni t Betzold Johnson. DE. Mou:l Scheid Vickerm:UI .' '. ChlUJdb:lr)' Kelley Pappas Skoe Wiger , I... Cohen Kubly Pogemiller Skoglund ., Dibble Langseth R:mum Solon The motion did not prevail. So the amendment was not adopted. * Senator Reiter moved to amend H.F. No. 1597, as amended by the Senate May 13, 2003, as ; . follows: ; (The text of the amended House File is identical to S.F. No. 1547.) . Pages 68 and 69. delete section 10 ) Po "eo IC ~ l?O\D. ~~ Pages 86 and 87, delete section 28 c.1)~ rR:Ob'~~9Vl. Renumber the sections in sequence and correct the internal references Amend the title accordingly The question was taken on the adoption of the amendment., The roll was called. and there were yeas II and nays 48. as follows: Those who voted in the affumative were: Bachm3l1D Kierlin Limmer Pm-is~u Robling Chaudhary Koering Olson Reiter Senjem Johnson. OJ, Those who voted in the negative were: Anderson Frederickson Kubly Murphy Scheid Bakk G:tither l.:mgseth Neuville Skoe Belanger Hann LeClair Nienow Skoglund BergUn Higgins LoUtey 'Oufw:b Solon BetzOld Hottinger Marko Pappas Sparks Cohen Johnson. O,E. MlltlY Pogemiller Stumpf Dibble Jungbauer McGinn Ranum Vickennlln Dille Keney Metzen Res! Wiger Fischbach Kleis Michel Sams Foley Knutson Moua Saxhaug The motion did not prevail. So the amendment was not adopted. Senator Senjem moved to amend H.F. No. 1597, as amended by the Senate May 13,2003, as follows: (The text of the amended House File is identical to S.F. No. 1547.) Page 261, after line 2. insert: "Section J. Minnesota Statutes 2002. section 3.842. subdivision 4a.. is amended to read: Subd. oh. [OBJECTIONS TO RULES.) (a) For purposes of this subdivision, "committee" means the house of representatives policy committee or senate policy committee with primary jurisdiction over state governmental operations. The commission. the lel'!islative commission on unnecessary mandates. or a conunittee may object to a rule as proVided In thlS subdIVISIon. If the MAY 16 2003 09:07 6512961478 -- PAGE. 08 . John Erar From: John Erar Sent: Friday, May 16, 2003 10:30 AM To: 'Chris Delaforest' Cc: City Council; Pat Janssen Subject: RE: Time Sensitive Please Read! ~ John Erar,vd Chris: Thanks for the update and fax. Based on the most recent County legislation, it appears the County has reinstated the provision prohibiting the County's exercise of CDA jurisdiction in cities that already have an HRA, but still (If I am reading this correctly) allows the County to impose a special levy on cities under the 60%/40% limited participation formula. The Council unanimously expressed opposition to legislation allowing the County to impose a special tax levy, which I believe this most recent version would still allow, On another note, the Council has also expressed past concerns with the County's involvement in the Northstar Rail Project, and it appears they could use the special levies derived from this legislation to fund Northstar Rail Project activities even if a specific city opposes it, which was something we were told they would not be doing with this new CDA authority. I would anticipate a strong reaction on this point, as we have been told the County's CDA authority would be to strengthen the County's hand in regional economic development activities and to market the County for regional development projects, I think some Council members will feel blindsided by this news regarding the Northstar Rail Project and the County's CDA agenda. The main point, as you are probably aware, is the special taxing authority they are seeking that would preclude cities from opting out completely. The revised language allows (in my interpretation) a 60% opt out provision, which still means the City is still subject to the remaining 40% in special CDA tax levies. Also, there is something about an effective date relating to criteria a City must meet regarding HRA establishment prior to 12/31/1994, Under Subd. 3 sect (3), it appears that the County will not undertake a project in a city that choses limited participation. My question is then what does the City receive for its 40% in special tax levies the County CDA gets from the city jurisdiction? We were also led to believe the County would consider a multi-jurisdictional board comprised of elected City officials to recommend County projects to the County Board. I'm not sure where that concept is going at this point, but it would appear that the County Board upon recommendation by the County staff could undertake a project that some cities oppose even though they are essentially funding it in their jurisdiction?? In summary, I believe the City Council would still remain opposed to this most recent version of County CDA language changes. I am copying City Council members on this email to ensure that this position is still accurate and will provide them with copies of the newest legislation in their Council packets. The Council meets this corning Tuesday, and I would expect Council members to have some formal feedback at this time. John Erar City Administrator City of Andover, MN 55304 763.767.5100 -----Original Message----- From: Chris Delaforest [mailto:rep.chris.delaforest@house.mn] Sent: Thursday, May 15, 2003 5:18 PM To: JErar@ci.andover.mn.us; dnivala@ci.ham-lake.mn.us Subject: Time Sensative Please Read! John and Doris: 1 . Today I am faxing to you the amended version of the Anoka County EDA bill. This version is currently in the Senate tax bill but not the House, As such, this legislation will be in play in conference committee. You may remember that both Andover and Ham Lake expressed formal opposition to the bill as originally introduced back in January. Please have staff and council members review this amendment ASAP and get back to me soonest. I would like your input. I am still inclined to oppose this legislation despite changes. I don't need formal council action, just an idea about where each city stands. For further background, Anoka County lobbyist Lona Schreiber told me that the purpose for this legislation is primarily to give the County some additional powers to purchase and develop property for the Northstar rail project. Sincerely, State Rep, Christopher J. DeLaForest House District 49A 503 State Office Building Saint Paul, MN 55155 Phone: 651-296-4231 (W) Phone: 763-413-0766 (H) FAX: 651-296-1478 Email: rep.chris.delaforest@house.mn Web: www.house.mn/49a To sign up for my email update, visit the web site. 2 CITY OF ANDOVER 1685 CROSSTOWN BOULEVARD N,W, . ANDOVER, MINNESOTA 55304. (763) 755.5100 FAX (763) 755.8923. WWW,C1.ANDOVER,MN,US TO: Mayor and Council Members FROM: John Erar, City Administrator SUBJECT: Supplemental Agenda Items for May 20, 2003 Council Meeting DATE: May 20, 2003 The City Council is requested to review the supplemental material for the following Agenda Items: Accept Additional Information under Consent Items . Item # 3. Award Bid/Streets & Utilities/03-2/Woodland Creek Golf Villas (Supplemental)- Engineering Accept Additional Information under Discussion Items . Item # 12, Hold Public Hearing/Approve Drainage & Utility Easement Vacation/1411 - 152nd Lane NW (Supplemental) - Planning . Item # 13. Hold Public Hearing/02-39/Red Oaks Manor 151_4th Addns, & Unplatted Portions of Sections 33 & 34/Street Lighting - Engineering Jo 'ty Administrator @ CITY OF ANDOVER 1685 CROSSTOWN BOULEVARD NW, . ANDOVER, MINNESOTA 55304. (763) 755-5100 FAX (763) 755.8923 . WWW,CI.ANDOVER.MN,US TO: Mayor and Council Members CC: John Erar, City Administrator- FROM: David D, Berkowitz, City Engineer SUBJECT: Reject BidsIReorder Plans & Specs/Approve Revised Plans & Specs/Streets & Utilities/03-2/Woodland Creek Golf Villas (Supplemental) - Engineering DATE: May 20, 2003 INTRODUCTION The City Council is requested to receive the revised resolution rejecting bids for Project 03-2, Woodland Creek Golf Villas, Also, it is requested to approve the resolution reordering plans and specifications and approving a resolution approving revised plans and specifications for a rebid, DISCUSSION Bids received are as follows: Contractor Bid Amount Redstone Construction $318,028.05 Dave Perkins Contracting, Inc, $334,827,50 Ryan Contracting Co, $370,240,94 Volk Sewer & Water $392,882.38 Friedges Contracting Co, LLC $425,665.57 Don Zappa & Sons Excavating, Inc, $427,849,70 Construction Estimate From the Feasibilty Report $261,610.00 The bid opening was held on May 13th, Redstone Construction was the low bidder in the amount of $318,028.95, This bid was $56,418,05 more than was estimated in the feasibility report. After reviewing the bids with the developer (Olvan Properties LLC), excess quantity for some bid items were found, Also, there were bid items that exceeded the City's requirements. For example, the Class 5 was bid by the contractor as limestone, Regular Class 5 was anticipated to be used which is about half the price of limestone, There are also a couple other items that were questioned that will be readjusted in the plans and specifications, The developer has requested to reject the bids and rebid the project. The date for rebid would be June 16th, thus construction would begin in early July, Staff has explained the rebidding process to the developer. Mayor and Council Members May 20, 2003 Page 20f2 ACTION REOUIRED The City Council is requested to approve the resolutions for rejecting bids, reordering plans and specifications and approving the revised plans and specifications for Project 03-2, Woodland Creek Golf Villas. Respectfully submitted, ~0.~ David D. Berkowitz cc: Olvan Properties LLC, PO Box 67, Forest Lake, MN 55025 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES, NO, MOTION by Council member to adopt the following: A RESOLUTION REJECTING BIDS FOR THE IMPROVEMENT OF PROJECT NO, 03-2 , WOODLAND CREEK GOLF VILLAS, WHEREAS, pursuant to advertisement for bids as set out in Council Resolution No. 071-03 ,dated Aoril15, 2003, bids were received, opened and tabulated according to law, NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby reject the bids. MOTION seconded by Council member and adopted by the City Council at a reQular meeting this 20th day of May , 2003 , with Council members voting in favor of the resolution, and Council members voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: Michael R. Gamache - Mayor Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO, MOTION by Councilmember to adopt the following: A RESOLUTION DIRECTING PREPARATION OF REVISED PLANS AND SPECIFICATIONS FOR THE IMPROVEMENT OF PROJECT NO, 03-2 FOR SANITARY SEWER. WATERMAIN. STREET AND STORM SEWER IN THE FOllOWING AREA WOODLAND CREEK GOLF VilLAS, WHEREAS, the City Council did on the 21st day of January , 2003, order the preparation of a feasibility study for the improvement; and WHEREAS, such feasibility study was prepared by WSB & Assoc.. Inc, and presented to the Council on the 18th day of March , 2003 ; and WHEREAS, the property owners have waived the right to a Public Hearing; and WHEREAS, the City Council has reviewed the feasibility study and declares the improvement feasible, for an estimated cost of $ 406.165,50 BE IT FURTHER RESOLVED by the City Council to hereby direct the firm of WSB & Assoc.. Inc, to prepare the revised plans and specifications for such improvement project. BE IT FURTHER RESOLVED by the City Council to hereby utilize the developer's . escrow previously received for the preparation of the revised plans and specifications, MOTION seconded by Councilmember and adopted by the City Council at a reqular meeting this 20th day of.. Mav ,2003, 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 Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES, NO. MOTION by Council member to adopt the following: A RESOLUTION APPROVING REVISED FINAL PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR PROJECT NO, 03-2, WOODLAND CREEK GOLF VILLAS. WHEREAS, pursuant to Resolution No. -03 , adopted by the City Council on the 20th day of May ,2003, WSB & Assoc,. Inc. has prepared revised final plans and specifications for Project 03-2 for Woodland Creek Golf Villas. WHEREAS, such revised final plans and specifications were presented to the City Council for their review on the 20th day of May , 2003 . NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby approve the Revised Final Plans and Specifications. BE IT FURTHER RESOLVED by the City Council of the City of Andover to hereby direct the City Clerk to seek public bids as required by law, with such bids to be opened at 10:00 AM , June 16 , 2003 at the Andover City Hall. MOTION seconded by Council member and adopted by the City Council at a reqular meeting this 20th day of May . ... ,2003 , with Council members voting in favor of the resolution, and Council members voting against, whereupon said resolution was declared passed, CITY OF ANDOVER ATTEST: Michael R. Gamache - Mayor Victoria Volk - City Clerk @ CITY OF ANDOVER 1685 CROSSTOWN BOULEVARD N,W. . ANDOVER, MINNESOTA 55304 . (763) 755-5100 FAX (763) 755.8923. WWW.C1.ANDOVER.MN,US TO: Mayor and Council members CC: John Erar, City Administratof't/ FROM: Will Neumeister, Director of Community Development /ilL SUBJECT: (Supplemental) Hold Public Hearing! Approve Drainage & Utility Easement Vacation/1411 - 152nd Lane NW- Planning DATE: May 20, 2003 INTRODUCTION An additional condition #3 needs to be added to this vacation of easement to require the owner to build only a post type footing under the proposed porch; and also no togographic changes shall be allowed because the area that is being vacated as a drainage and utility easement is in the 100 year flood plain, DISCUSSION The condition needs to be added to the resolution to restrict the way the property owner will be allowed to build the addition since it is encroaching a small amount into the 100 year flood plain area on the lot, ACTION REQUESTED Staff requests the Council review the proposed change to the resolution and approve the new resolution. Engineering has reviewed and concurs with the proposed condition. Respectfully submitted, bdt~. Will Neumeister Attachment Revised Resolution CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES, NO, - A RESOLUTION GRANTING THE VACATION OF EASEMENT REQUEST OF BARRY MALM TO VACATE A PORTION OF THE DRAINAGE AND UTILITY EASEMENT OF LOT 5, BLOCK 1 WINSLOW HILLS 3RD ADDITION WHEREAS, Barry Maim has requested to vacate a portion of a drainage and utility easement located on property legally described as: Lot 5, Block 1 Winslow Hills 3rd Addition, Anoka County, Minnesota WHEREAS, that portion of the drainage and utility easement to be vacated is legally described indicated on Exhibit A, the survey dated April 23, 2003 stamped received by the City of Andover May 6, 2003. WHEREAS, the City Council finds the request would not have a detrimental effect upon the health, safety, moral, and general welfare of the City of Andover; and WHEREAS, a public hearing was held and there was no opposition to the request. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby grants the vacation of the drainage and utility easement as requested subject to the following conditions: 1) That the request is subject to a sunset clause, If the City Council determines that no significant progress has been made within the first twelve months from the approval date the resolution shall be null and void, 2) The remaining drainage and utility easement shall conform to Exhibit A, the survey dated April 23, 2003 stamped received by the City of Andover May 6, 2003, 3) The proposed porch shall be required to be constructed with post and beam construction, No grade changes shall be permitted under the proposed porch, Adopted by the City Council of the City of Andover on this _ th day of May 2003, CITY OF ANDOVER ATTEST Michael R. Gamache, Mayor Victoria V olk, City Clerk @ :ITY OF ANDOVER 1685 CROSSTOWN BOULEVARD NW,. ANDOVER, MINNESOTA 55304. (763) 755-5100 FAX (763) 755-8923 . WWW,CI.ANDOVER.MN,US TO: Mayor and Council Members V CC: John Erar, City Administratof David D, Berkowitz, City En ineer"":DD:B FROM: Todd J, Haas, Asst. City Engineer SUBJECT: Hold Public Hearing/02-39/Red Oaks Manor 15t_4th Addns. & Unplatted Portions of Sections 33 & 34 (Supplemental) - Engineering DATE: May 20, 2003 INTRODUCTION This item is additional information in regard to the status of the petition for street lights in the area of Red Oaks Manor, DISCUSSION As indicated in the agenda item, the City was waiting for additional signatures, Attached is a map as to the status of the petition. Currently the results are as follows: 175 - Total number of lots 82 - Yes 18 - No 75 - Have not signed the petition ACTION REOUIRED The City Council is requested to consider approving the resolution ordering improvement of street lighting, Respectfully submitted, T~i~ O~-~'f - '~<)" 14%24~ 9\~~~';f" 1\!D"-;~C'o~I~ eo !D of" '(&3 14092 _ ... 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'.';f-1137~ 137-z.g/ 37801 4379Y ~ ::: 13801 13800 = 13799 ~~3 ""c5'~7[:l 2 ~: 13790 ::: 13789 13788?~ 1377 13767 :1377u (~~l ~ 0 ~ !!i ~ f--- <. ;!; 1376 '" / ' I 13778 :? 13m 13776 _. 13775 "': I 13760 13761 13770 is 13m f---~ -",;0 , I ~ (j) 13765 113764 13789 N N 13754 13755 13762 f 13789 13731 I ~ u--H U' f,~ I V ~:; I c', , " !D eo 3753 1 Ie> o:g!B ~ ~I<lg~ ~~~2094 13715 1 !~fi ~ ~ ~ ~ j \ ~ ~I ~IN ~J N N N I _______..:-___________________..8lllill.("1=P I tl\'(l= R Ir I I 2380 2148 Y _ I C ~; o 18 I N - No I"> I17i'\ City of . . LEGEND \rY Andover NORTH 1/2 SECTION. 34 0 Half Section Boundary Half Section TOWNSlllP: 32 RANGE: 24 o Lots/Parcels Address Book [:"-;;;:;\ Parks ; . Water Features Map Date: July 22, 1999 0 Right-of-Way '\ , CITY of ANDOVER 1685 CROSSTOWN BOULEVARD NW. . ANDOVER, MINNESOTA 55304 . (763) 755.5100 FAX (763) 755.8923 Date: ~/1/ ~ No, ~2--3Cf Andover City Council Members: We, the undersigned, owners of real property in the following described area: (Zed 6cU=:>. 91t4l1~Y f"r - '1ft-. Add ~' a..:I.Jb 1(.., 'VJj area.S. Do hereby petition that said portion of said area be improved by constl"Uction, : of City , ',', ~+(-e--+- "L.tt~. , " ,,".. - ,.,. , and that the cost of said improvement be assessed against the benefiting property, as authorized by Chapter 429, Laws of Minnesota, .' This petition was circulated by: " ,. Address: ,G:\OATA\STAFf'ItHONOMlfORMS\ne}ghborhoocl petIlion.doe' .. , ' ~ I...--ClL \ 1000 \-\8.tJQ' L.>....:)lTh ::- .pvcven-to pfov\de 'C:BCev' C\~ lD ( 11> ~ Le:'btionS (b(Y)(YlU(\'ttLj " '\n\~IQ\ Cc6-t- " ~ -06' eve~ '3 l\'Of)1 " CITY of ANDOVER .0-01" 0tl'" ~-\-- S t:r6 _ A.o-\€J/' _ ~ ~ , ' , " D'U(" , "e.r'I bit -1llaoc 1685 CROSSTOWN BOULEVARD NW. . ANDOVER, ~SOTA 55304 . (763) 755.5100 FAX 5.8923 I'\'"'(X)H I\n.~ ..~ .~ I. ::re: :~4~3 , *_ An~~\(\-\-6~~,.\() ~t\CJpQ\j~ \n Wd.i-cJn,,~ -= " ,,' , ' .', ' . . " ' . f.9rYl . Andover City Council Members: . , , ' " , ,,' ,'. ' . ' We, the undersigned, ownerS of real property in the following described area: P-?-Cf. CAJ(0 f)1 J( s'(nYl, Do hereby petition that said portion of said area be improved by construction. ~~ ' '- ' , and that the cost of said improvement be assessed against the benefiting prop~rty. as authori,zed by Chapter 429, Laws of Minnesota. " ., " ' . , .' NO, '~ Q!UG.o1' V,:.l fJ '{e'5 (~D A.!Jl/e! ,PfM''c.It'. ;-- , ( II:') This petition was circulated by: .. '. Address: .G~TA\ST~\FORM~petIlion.ctDC. . CITY of ANDOVER . .. 1685 CROSSTOWN BOULEVARD NW.. ANDOVER. MINNESOTA 55304. (763) 755.5100FAX (763) 755.8923 Date: .~ /'I'~OJ No, O;'..-3~ Andover City Council Members: We, the undersigned, owners of real property in the following described area: Do hereby petition that said portion of said area be improvedby construction. of City . , ,,:. . . arid that the cost of said improvement be assessed against the benef!tingprOperty, as authorized by Chapter 429, Laws of Minnesota. .. SIGNA TURf: OF OWNER' LEGAL DESCRIPTION This petition was circulated by: Ii '. Address: ' . ., ..G:\O.I.TA\ST~\f"ORMS'\netghborhOOdpellDon.doC , . CITY of ANDOVER . .. 1685 CROSSTOWN BOULEVARD NW. . ANDOVER. MINNESOTA 55304 . (763) 755-5100 FAX (763) 755-8923 . . .' Date: .,1n~~/ ~o;... No, t) Z,.71 Andover City Council Members: We, the undersigned, ownerS of real property in the following described area: Do hereby petition that said portion of said area be improved by construction. cl~ . .' . . . , : . . . and that the cost of said improvement be assessed against the benefiting property, as authorized by Chapter 429, Laws of Minnesota.,. ' .. ., ' . SIGNATURE OF OWNER. ADDRESS LEGAL DESCRIPTION fu,J6:-~~ This petition was circulated by: Address: .Q.:\DAT"\ST~'lFORMS\rIelghbortKXJ petIlIorLdDC' ... ",' CITY, of ANDOVER 1685 CROSSTOWN BOULEVARD N,w. . ANDOVER, MINNESOTA 55304 . (763) 755-5100 FAX (763) 755-8923 Date: #1c;y7~~003. . No. {)':2.. .. -gq . Andover City Council Members: We, the undersigned, ownerS of real property in the following described area: Do hereby petition that said portion of said area be improved by construction. of City . and that the cost of said improvement be assessed against the benef!tingproperty, as authorized by Chapter 429, Laws of Minnesota, . This petition was circulated by: .. Address: . . ..G:\Do\TA.\STAFF\RHONDM"FORMS'lneIgtlbortK peUDon.doC . .