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HomeMy WebLinkAbout2005 i / CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 228-05 A RESOLUTION ORDERING THE REMOVAL OF HAZARDOUS STRUCTURES ON PROPERTY LOCATED AT 17700 TULIP STREETNW, ANDOVER, MINNESOTA (PIN #13-32- 25-42-0008). WHEREAS, pursuant to Minn. Stat. S 463.15 to 463.261 the City Council of the City of Andover is considering the abatement of hazardous structures within the City; and WHEREAS, the City Council has hired the services of Northwest Inspection Services to perform inspections on potentially hazardous structures in the City; and WHEREAS, Northwest Inspection Services has inspected the property at 17700 Tulip Street NW and provided a report documenting the substandard conditions on the property; and WHEREAS, the City Council has read the inspection report provided by Northwest Inspection Services; and WHEREAS, pursuant to the findings in the report and in accordance with Minn. Stat. S463.15 to 463.261, the Council hereby orders the owners of record of the above hazardous building or their representatives to remove the hazardous structures on the property as outlined in the report; and - , .... WHEREAS, the Council further orders that unless corrective action to remove the hazardous structures is taken or an answer served upon the City within 20 days after the date of order to remove such building, the City will apply to Anoka County District Court for summary enforcement of this order; and WHEREAS, the Council orders that if the City is compelled to take any corrective action herein, all necessary costs expended by the City will be assessed against the real estate concerned and collected in accordance with Minn. Stat. S463.22; and NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby orders the removal of hazardous structures located at 17700 Tulip Street NW, pursuant to Minnesota State Statute S 463.15 to 463.261. Adopted by the City Council of the City of Andover on this 20th day of December, 2005. ATTEST: I ~~..../ IJ ,../b Victoria V olk, City Clerk CITY OF ANDOVER ~~.4~ tl\1ichael R. Gamache, Mayor \ , / 1 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 226-05 MOTION by Councilmember Jacobson to adopt the following: A RESOLUTION DECLARING COST AND DIRECTING PREPARATION OF ASSESSMENT ROLL FOR THE IMPROVEMENT OF SANITARY SEWER & WATER MAIN, FOR PROJECT 05-29, 14355 CROSSTOWN BOULEVARD NW. THE CITY COUNCIL OF THE CITY OF ANDOVER HEREBY RESOLVES: WHEREAS, the expenses incurred or to be incurred in the making of such improvement amount to $ 27.283.16 so that the total cost of the improvement will be $ 27,283.16 1. NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Andover, MN: The portion of the cost of such improvement to be paid by the City is hereby declared to be $ 0.00 the amount to be assessed against benefited property owners is declared to be $ 27.283.16 2. Assessments shall be payable in equal annual installments extending over a period of JL years. The first of the installments to be payable on or before the 1 st Monday in January 2007 , and shall bear interest at the rate of 6 percent per annum from the date of the adoption of the assessment resolution. 3. The City Clerk, with the assistance of the City Engineer shall forthwith calculate the proper amount to be specially assessed for such improvement against every assessable lot, piece or parcel of land within the district affected, without regard to cash valuation, as provided by law, and she shall file a copy of such proposed assessment in her office for public inspection. .4. The Clerk shall, upon the completion of such proposed assessment, notify the Council thereof. MOTION seconded by Council member City Council at a reqular meeting this 20th Trude and adopted by the day of December ,2005, with Councilmembers Trude, Jacobson. Kniqht. Gamache voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: /J~Uu (Jib Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R225-05 A RESOLUTION UPDATING CERTIFIED BONDED INDEBTEDNESS FOR 2006. WHEREAS, the preparation and adoption of budgets is recognized as sound [mandai practice; and WHEREAS, the City of Andover has the responsibility to appropriately and efficiently manage the public's funds; and WHEREAS, the City of Andover has determined that it is prudent to update certified bonded indebtedness levies for 2006; and WHEREAS, the Anoka County Property Records and Taxation Division is requiring a City Council resolution updating bonded indebtedness levies that would have been certified Anoka County as part of prior year bond sales. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Andover hereby updates all or a \ )ortion of previously certified bonded indebtedness levies for 2006 as listed on Attachment A. Adopted by the City of Andover this 20th day of December 2005. CITY OF ANDOVER ATIEST: (L&~ fj/b Victoria Volk - City Clerk .~ '. STATE OF MINNESOTA) COUNTYOFANOKA ) CITY OF ANDOVER ) I, the undersigned, being the duly qualified and acting City Clerk of the City of Andover, Minnesota, do hereby certify that I have carefully compared the attached Resolution No. R225-05 adopting the City of Andover updates of all or a portion of previously certified bonded indebtedness levies for 2006 with the original record thereof preserved in my office, and have found the same to be true and correct transcript of the whole thereof. IN TESTIMONY WHEREOF, I have hereunto subscribed my hand this,;7t' f?>. day of December 2005. / () .r" ~ J IlLb Victoria V oIk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO R224-05 A RESOLUTION ADOPTING THE CITY OF ANDOVER 2006 BUDGET AND 2006 PROPERTY TAX LEVY TO BE CERTIFIED TO THE COUNTY AUDITOR. WHEREAS, the preparation and adoption of budgets is recognized as sound financial practice; and WHEREAS, the City of Andover receives significant financial support from its residents through the payment of property taxes; and WHEREAS, the City of Andover has the responsibility to appropriately and efficiently manage the public's funds; and WHEREAS, Minnesota State Law requires the City to certifY to the County Auditor an adopted tax levy and budget prior to December 28, 2005; and WHEREAS, Minnesota.State Law requires the City to certifY to the State of Minnesota Department of Revenue an adopted tax levy by December 28, 2005. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Andover hereby adopts the 2006 City of Andover Budget and the 2006 property tax levy totaling $8,550,919 as listed on Attachment A. BE IT FURTHER RESOLVED that the City Council of the City of Andover hereby establishes the 2006 City of Andover Budget by fund type as follows: REVENUES EXPENDITURES "- ) General Fund $ 7,688,171 General Fund $ 7,906,912 Special Revenue Funds 1,126,698 Special Revenue Funds 1,436,085 Debt Service Funds 6,595,351 Debt Service Funds 7,074,037 Capital Projects Funds 9,593,391 Capital Projects Funds 9,892,707 Enterprise Funds 3,427,832 Enterprise Funds 3,845,587 Internal Service Funds 691,000 Internal Service Funds 759,950 Total $29,122,443 Total $30,915,278 Adopted by the City Council of the City of Andover this 20th day of December 2005. ATTEST: CITY OF ANDOVER ~~ . . ael R. Gamache - ayor .~ (jJ-~ tJ.Lb Victoria Volk - City Clerk I STATE OF MINNESOTA) COUNTY OF ANOKA ) CITY OF ANDOVER ) I, the undersigned, being the duly qualified and acting City Clerk of the City of Andover, Minnesota, do hereby certifY that I have carefully compared the attached Resolution No. R224-o5 adopting the City of Andover 2006 Budget and 2006 Property Tax Levy with the original record thereof preserved in my office, and have found the same to be true and correct transcript of the whole thereof. IN TESTIMONY WHEREOF, I have hereunto subscnbed my hand this ~ day of December 2005. ) tL:t--~ or!ZJ Victoria Volk - City Clerk CITY OF ANDOVER, MINNESOTA Proposed 2006 Property Tax Levy Attachment A 2006 Proposed Levy General Fund Levy $ 5,586,180 Debt Service Funds Levy 200lC G.O. Equipment Certificate 2003C G.O. Equipment Certificate 2004A G.O. Capital Improvement Bonds 2004 EDA Publie Facility Revenue Bonds 2005B G.O. Capital Improvement Bonds 2005B G.O. Equipment Certificate 283,537 132,180 364,788 847,350 137,922 65,788 Total Debt Service 1,831,565 Other Levies Fire Levy 54,032 .I Capital Projects Levy Capital EquipmentlProject Parks Projects Road & Bridge Pedestrian Trail Maintenance 209,296 54,384 734,686 47,380 Lower Rum River Watershed 33,396 Gross City Levy $ 8,550,919 . . CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 223-05 MOTION by CounciImember Jacobson to adopt the following: A RESOLUTION ACCEPTING A DONATION OF LIGHT POLES, LOCATED AT CLOCKTOWER COMM:ONS, MADE TO THE CITY OF ANDOVER. WHEREAS, any donations that are to be made to the City of Andover must be accepted by the City Council; and NOW, THEREFORE BE IT RESOLVED that the donation from Clocktower Commons LLC oflight poles is hereby accepted by the City Council. MOTION seconded by CounciImember Knight and adopted by the City Council At a regular meeting this 20th day of December 2005, with CounciImembers Knight, Trude. OrtteL Gamache. Jacobson voting in favor of the resolution and CounciImembers None voting against, whereupon said resolution was declared passed. CITY OF ANDOVER Attest: ~ARcd~ ~ Michael R. Gamache - Mayor a~ tl../L Victoria V olk - City Clerk CITY OF ANDOVER COUNTYOFANOKA STATE OF MINNESOTA RES. NO R222A-05 A RESOLUTION AMENDING RESOLUTION R066-04 APPROVING ADJUSTMENTS TO LANDSCAPING AND GRADING ALONG VETERAN'S MEMORIAL BOULEVARD WITHIN "WOODLAND ESTATES SIXTH ADDITION" ON PROPERTY LOCATED IN SECTION 21, TOWNSHIP 32 RANGE 24 LEGALLY DESCRIBED AS: The southeast quarter of the northeast quarter of Section 21, Township 32, Range 24, Anoka County, Minnesota. WHEREAS, the City Council has approved the preliminary and final plat of the project known as "Woodland Estates 6th Addition"; and WHEREAS, the installation of utility equipment and grading for new homes has caused changes to the approved landscaping and grading along Veterans Memorial Boulevard; and WHEREAS; the City Council has reviewed the proposed changes to the approved landscaping and grading along Veterans Memorial Boulevard; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby amend Resolution R066-04 as follows: 1. The landscaping and grading along Veteran's Memorial Boulevard shall conform to the Landscaping Exhibit dated November 29, 2005 and stamped received by the City of Andover December 1,2005. 2. All other requirements and plans approved with Preliminary Plat Resolution R066-04 and Final Plat Resolution R104-04 shall remain as previously approved. Adopted by the City Council of the City of Andover this 20th day of December, 2005. ATT,EST: (U~ a./L Victoria V olk, City Clerk CITY OF ANDOVER J ---:?"~wc24~ Michael R. Gamache, Mayor ,/ '. / CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO 222-05 A RESOLUTION APPROVING THE FINAL PLAT OF "BROOK CROSSING" ON PROPERTY LOCATED IN THE SOUTHEAST QUARTER OF SECTION 3, TOWNSHIP 32, RANGE 24, ANOKA COUNTY, MINNESOTA, LEGALLY DESCRIBED AS: Beginning at a point on the East line of said Southeast Quarter distant 1007.12 feet South from the Northeast comer of said Southeast Quarter, as measured along said East line; thence on an assumed bearing of South 0 degrees 51 minutes 23 seconds East, along said East line, a distance of 1479.24 feet to a point distant 137.74 feet North from the Southeast comer of said Southeast Quarter; thence North 61 degrees 27 minutes 03 seconds West a distance of 400.47 feet; thence North 59 degrees 11 minutes 33 seconds West a distance of 1344.45 feet; thence North 26 degrees 55 minutes 48 seconds East a distance of359.64 feet; thence Northwesterly a distance of 56.61 feet along a tangential curve to the left concave to the West having a radius of 69.11 feet and a central angle of 46 degrees 55 minutes 48 seconds; thence North 20 degrees 00 minutes 00 seconds West tangent to said curve a distance of 104.68 feet; thence Northerly a distance of 45.82 feet along a tangential curve to the right, concave to the East having a radius of 101.82 feet , '\ and a central angle of25 degrees 46 minutes 59 seconds; thence South 87 degrees 53 minutes 38 ,..i seconds east a distance of943.69 feet; thence North 0 degrees 5l minutes 23 seconds West a distance of 130.17 feet; thence South 87 degrees 53 minutes 38 seconds East a distance of 4l8.80 feet to the point of beginning. WHEREAS, the City Council has approved the preliminary plat of the project to be known as "Brook Crossing"; and WHEREAS, a variance has been requested to City Code 12-3-4 that will allow the development of a 2.02-acre lot in the R-1 zoning district (Lot l, Block 2), and; NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby approves the final plat with a variance to City Code 12-3-4, subject to the following conditions: ; 1. The final plat shall conform to all ofthe requirements and conditions of approval of the preliminary plat as revised on June 14,2005. 2. The City Attorney presents a favorable opinion. 3. Security to cover legal and engineering costs as determined by the City Engineer. 4. The developer shall provide an escrow as determined in Part A and Part B of the development contract for the uncompleted items which are to be determined by the City Engineer. 5. The developer shall pay a Park Dedication Fee of$23,250. 6. The developer shall pay a Trail Fee of $5,650. 2 i 7. The developer obtains all necessary permits from the Coon Creek Watershed District, DNR, Corps of Engineers, LGU, MPCA, Anoka County Highway Department and any other agency that may be interested in the site. 8. The final plat shall not be signed by the Mayor and Clerk until there is an executed Development Contract & all associated fees, escrows and bonds have been paid. Adopted by the City Council of the City of Andover this 20th day of December, 2005. An:~ST: Ih~'J {/df!; Victoria V olk, City Clerk CITY OF ANDOVER ~~4.~ ~ichael R. Gamache, Mayor 3 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 221-05 APPROVING COST -OF-LIVING ADJUSTMENTS FOR ALL NON-REPRESENTED EMPLOYEES FOR CALENDAR YEAR 2006 WHEREAS, cost-of-living adjustments for non-bargaining employees are in order to recognize annual inflationary increases in cost-of-living standards as measured by the Consumer Price Index (CPI), and regional economic and market-based indicators; and WHEREAS, the annual percentage adjustments of three (3) percent effective January 1, 2006, are within the expenditure guidelines established in the 2006 Budget; and \ ) WHEREAS, non-bargaining employees are defined as those public employees not formally represented by an exclusive bargaining group as defined under Minnesota Statute. NOW THEREFORE, BE IT RESOLVED that the City Council hereby approves cost- of-living adjustments of three (3) percent effective January 1, 2006, for all non- represented employees. Adopted by the City Council of the City of Andover this 20th day of December, 2005. CITY OF ANDOVER Attest: A /.~U . . I /.'-"'~' ./../-"~ ..- %- () _/,...~ Michael R. Gamache - Mayor tl:t;~/ ()./b Victoria V oIk - City Clerk J CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 220-05 WHEREAS, the County Board of the County of Anoka did adopt a resolution on November 22, 2005 locating, establishing, designating and numbering the County State Aid Highway system of Anoka County; and WHEREAS, said resolution locates and establishes certain County State Aid Highways within the corporate limits or the City of Andover, Minnesota. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover that the resolution adopted by the County Board, a copy of which is attached hereto and made a part thereof, locating or establishing the County State Aid Highway system within the City limits (and revoking certain portions of said system) in all things approved. Adopted by the City Council of the City of Andover this 20th day of December, 2005. CITY OF ANDOVER ATTEST: ~~~ ~~ - ~,?/;:;:;/ .." /Z,v./~.' .... /. .-:t... <1""-/:' '-'" ~'t. Michael R. Gahlache - Mayor d ,;t;,.;..J () 4 Victoria Volk - City Clerk I hereby certify that the above is a true and correct copy of a resolution duly passed, adopted and approved by the City Council of said City on December 20, 2005. ()~ (J./b Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 219-05 MOTION by Council member Jacobson to adopt the following: A RESOLUTION ORDERING PREPARATION OF A FEASIBILITY REPORT FOR THE IMPROVEMENT OF 2006 OVERLAYS, PROJECT NO. 06-2. WHEREAS, the City Council of the City of Andover is cognizant of the need for the improvements, specifically 2006 Overlavs, Project 06-2; and WHEREAS, the City Council proposes to assess the benefiting property for all or a portion of the costs of the improvement, pursuant to Minnesota Statutes 429. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover that: 1. The City Council is cognizant of the need for improvements. 2. The proposed improvement is hereby referred to the City Enqineer and he is instructed to provide the City Council with a feasibility report. MOTION seconded by Councilmember Kniqht and adopted by the City Council at a reqular meeting this 20th day of December , 2005 , with Councilmembers Jacobson. Kniqht. Orttel. Gamache. Trude voting in favor of the resolution, and Councilmembers none voting against. whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: ~~KA~ !v"fchael R. Gamache - Mayor (L:t;A#/ I) ffi Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 218-05 MOTION by Councilmember Jacobson to adopt the following: A RESOLUTION DECLARING ADEQUACY OF PETITION AND ORDERING PREPARATION OF A FEASIBILITY REPORT FOR THE IMPROVEMENT OF SANITARY SEWER. WATERMAIN. STREET AND STORM SEWER ,PROJECT NOS. 05-32 (WOODLAND CROSSING). 05-24 (SHAW'S GLEN). 05-20 (CARDINAL RIDGE) & 05-15 (ANDOVER STATION NORTH BALL FIELD IMPROVEMENTS). WHEREAS, the City Council has received petitions, dated December 6.7.8 & 14. 2005, requesting the construction of improvements and is cognizant of the need for improvements; and WHEREAS, such petitions have been validated to represent the signatures of more than 35% of the property owners requesting such improvement. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover that: 1. The petitions are hereby declared as adequate. 2. Escrow amount for feasibility report is $5.000.00 3. The proposed improvement is hereby referred to Bonestroo Rosene Anderlik & Associates (BRAA) and they are instructed to provide the City Council with a feasibility report. MOTION seconded by Council member Kniqht and adopted by the City Council at a reqular meeting this 20th day of December ,2005, with Councilmembers Jacobson. Kniqht. Orttel. Gamache. Trude voting in favor of the resolution, and Councilmembers none against, whereupon said resolution was declared passed. voting CITY OF ANDOVER ATTEST: ~ IJdb Victoria Volk - City Clerk CITY OF ANDOVER COUNTYOFANOKA STATE OF MINNESOTA RES. NO. R217-05 A RESOLUTION ORDERING THE REPAIR OF HAZARDOUS STRUCTURE ON PROPERTY LOCATED AT 17700 TULIP STREETNW, ANDOVER, MINNESOTA (PIN #13-32-25-42-0008). WHEREAS, pursuant to Minn. Stat. S 463.15 to 463.261 the City Council of the City of Andover is considering the abatement of hazardous structures within the City; and WHEREAS, the City Council has hired the services of Northwest Inspection Services to perform inspections on potentially hazardous structures in the City; and WHEREAS, Northwest Inspection Services has inspected the property at 17700 Tulip Street NW and provided a report documenting the substandard conditions on the property; and WHEREAS, the City Council has read the inspection report provided by Northwest Inspection Services; and WHEREAS, pursuant to the findings in the report and in accordance with Minn. Stat. 9463.15 to 463.261, the Council hereby orders the owners of record of the above hazardous building or their representatives to repair the deficiencies as outlined in the report; and WHEREAS, the Council further orders that unless corrective action is taken or an answer served upon the City within 30 days after the date of order to repair such building, the City or its designee will undertake the corrective actions on the property as outlined in the report; and WHEREAS, the Council orders that if the City is compelled to take any corrective action herein, all necessary costs expended by the City will be assessed against the real estate concerned and collected in accordance with Minn. Stat. 9463.22; and NOW, THEREFORE, BE IT RESOLVED, that the City Council ofthe City of Andover hereby approves the remediation of hazardous structures pursuant to Minnesota State Statute S 463.15 to 463.261. Adopted by the City Council of the City of Andover on this 6th day of December, 2005. CITY OF ANDOVER ATTEST: II:t:;:. / (L/// Victoria Volk, City Clerk 1 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R216-05 A RESOLUTION ORDERING THE REMOVAL OF HAZARDOUS STRUCTURES ON PROPERTY LOCATED AT 1049 ANDOVER BOULEVARD NW (PIN #21-32-24-33-0015). WHEREAS, pursuant to Minn. Stat. S 463.15 to 463.261 the City Council of the City of Andover is considering the abatement of hazardous structures within the City; and WHEREAS, the City Council has hired the services of Northwest Inspection Services to perform inspections on potentially hazardous structures in the City; and WHEREAS, Northwest Inspection Services has inspected the property at 1049 Andover Boulevard and provided a report documenting the substandard conditions on the property; and WHEREAS, the City Council has read the inspection report provided by Northwest Inspection Services; and WHEREAS, pursuant to the findings in the report and in accordance with Minn. Stat. S463.15 to 463.261, the Council hereby orders the owners of record of the above hazardous building or their representatives to remove the hazardous structures on the property as outlined in the report; and ~ / WHEREAS, the Council further orders that unless corrective action to remove the hazardous structures is taken or an answer served upon the City within 20 days after the date of order to remove such building, the City will apply to Anoka County District Court for summary enforcement of this order; and WHEREAS, the Council orders that if the City is compelled to take any corrective action herein, all necessary costs expended by the City will be assessed against the real estate concerned and collected in accordance with Minn. Stat. S463.22; and NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby orders the removal of hazardous structures pursuant to Minnesota State Statute S 463.15 to 463.261. Adopted by the City Council of the City of Andover on this 6th day of December, 2005. CITY OF ANDOV A TIEST: Il.;:(;~~ tl-IU Victoria Volk, City Clerk " 1 , CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R215-05 J A RESOLUTION AMENDING THE CONDITIONAL USE PERMIT REQUEST OF CINGULAR WIRELESS TO PERMIT THE INSTALLATION OF AN ENCLOSED SHELTER TO HOUSE TELECOMMUNICATION EQUIPMENT PURSUANT TO TITLE 9 ON PROPERTY LOCATED AT 16191 ROUND LAKE BOULEVARD NW, LEGALLY DESCRIBED AS LOT 2, BLOCK 1 WESTVIEW INDUSTRIAL PARK (PIN #16-32-24-23-0019). WHEREAS, Cingular Wireless has requested a Conditional Use Permit to permit the installation of an enclosed shelter to house telecommunication equipment pursuant to Title 9-12 on property located at 16191 Round Lake Boulevard NW, legally described as Lot 2, Block I, Westview Industrial Park, Anoka County, Minnesota; and WHEREAS, the Planning and Zoning Commission has reviewed the request and has determined that said request meets the criteria of Title 9-12; and WHEREAS, the Planning and Zoning Commission finds the request would not have a detrimental effect upon the health, safety, morals, and general welfare of the City of Andover; and WHEREAS, the Planning and Zoning Commission recommends to the City Council approval of the \ Conditional Use Permit as requested. / NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby agrees with the recommendation of the Planning and Zoning Commission and approves the Conditional Use Permit on said property. Adopted by the City Council of the City of Andover on this 6th day of December, 2005. CITY OF ANDOVER ATTEST: I.tA~~ Ui./b Victoria V olk, City Clerk J CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO R214-05 A RESOLUTION APPROVING THE PRELIMINARY PLAT OF "STACK'S WOODS" FOR EMMERICH CONSTRUCTION, INC. LOCATED AT AND LEGALLY DESCRIBED AS; The Northeast Quarter of the Northeast Quarter of Section 13, Township 32, Range 25, Anoka County, Minnesota. AND That part of Government Lot 8, Section 13, Township 32, Range 25, lying easterly of the following described line: Commencing at a point on the north line of said Government Lot 8, said point being 58.63 feet east of the southeast comer of Government Lot 5, Section 12, Township 32, Range 25, Anoka County, Minnesota; thence continuing east along said north line 217.80 feet to the point of beginning of the line to be described; thence South at right angles to said north line to the south line of said Government Lot 8, and said line there terminating. WHEREAS, the Andover Review Committee has reviewed the preliminary plat; and WHEREAS, pursuant to published and mailed notice thereof, the Planning and Zoning Commission has conducted a public hearing on said plat; and WHEREAS, the applicant has petitioned to vary from City Code 11-3-3G. to allow 164th Lane NW to terminate in a cul-de-sac that exceeds 500 feet length; and WHEREAS, the applicant has petitioned to vary from City Code 11-3-6H. to allow Lots 1-4 of Block 3 to allow double frontage lots adjacent to a collector street; and WHEREAS, the applicant has petitioned to vary from City Code 11-3-2C. to allow Lots 5 and 6 of Block 2 and Lots 1 and 2 of Block 4 to front on a collector street; and WHEREAS, the Planning Commission fmds the site is encumbered by wetlands and adjacent collector streets that will require some variance to the City Code. The plat is designed to minimize variances and achieve sound neighborhood design by creating cohesive blocks, preventing driveways onto 165th Avenue NW, minimizing driveways onto Ventre Street NW and providing potential for a future street extension to the east. WHEREAS, as a result of such public hearing, the Planning and Zoning Commission recommends to the City Council the approval of the plat; and NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover has received the recommendation of the Planning and Zoning Commission and approves the preliminary plat with the following conditions: ) 1. Contingent upon staff review and approval for compliance with ARC review comments, City ordinances, policies and guidelines and a development agreement acceptable to the City Attorney. A financial guarantee will be required as a part of this agreement to assure typical subdivision improvements will be completed. 2. The developer obtains all necessary permits from the DNR, Corps of Engineers, LGU, MPCA and any other agency that may be interested in the site. 3. Park dedication and trail fees shall be paid on a per unit basis for each of the lots in the proposed development. 4. A variance to City Code 11-3-6G. is granted to allow 164th Lane NW to terminate in a cul-de-sac exceeding 500 feet in length. 5. Variances are granted for Lots 1-4 of Block 3 to allow double frontage lots adjacent to a collector street. 6. Variances are granted to allow Lots 5 and 6 of Block 2 and Lots I and 2 of Block 4 to front on a collector street. 7. Separate temporary easement documents shall be provided for the temporary cul-de-sacs at the east end of I 62nd Lane NW and the south end of Ventre Street NW. 8. All driveways shall be from interior streets. 9. 163rd Lane NW shall be renamed Yakima Street NW. 10. The determination of trail or trail right-of-way will be at the time offmal plat. Adopted by the City Council of the City of Andover this 6th day of December, 2005. CITY OF ANDOVER A r;rnST: U~i;;,J lid Victoria V olk, City Clerk .. CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO 213-05 A RESOLUTION ADOPTING THE CITY OF ANDOVER 2006-2010 CAPITAL IMPROVEMENT PLAN. WHEREAS, the preparation and adoption of capital improvement plans is recognized as sound financial practice; and WHEREAS, the City of Andover has the responsibility to appropriately and efficiently manage the public's funds; and WHEREAS, the City of Andover has the responsibility to appropriately and efficiently manage the public's infrastructure and equipment; and NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Andover hereby adopts the 2006-2010 City of Andover Capital Improvement Plan. Adopted by the City of Andover this 61h day of December 2005. ATTEST: iLtu.~ ()~ Victoria Volk - City Clerk STATE OF MINNESOTA) COUNTY OF ANOKA) CITY OF ANDOVER) I, the undersigned, being the duly qualified and acting City Clerk of the City of Andover, Minnesota, do hereby certify that I have carefully compared the attached Resolution No. 213-05 adopting the City of Andover 2006-2010 Capital Improvement Plan with the original record thereof preserved in my office, and have found the same to be true and correct transcript of the whole thereof. IN TESTIMONY WHEREOF, I have hereunto subscn"bed my hand this 6th day of December 2005. tLt-~ {j~ Victoria Volk - City Clerk "' , CITY OF ANDOVER COUNTYOFANOKA STATE OF MINNESOTA , / RES. NO. 212-05 A RESOLUTION GRANTING THE REQUEST OF JEFFREY PAVLAK TO V ACA TE A PORTION OF THE DRAINAGE AND UTILITY EASEMENT OF 17364 FLORA COURT NW, LEGALLY DESCRIBED AS: Lot 7, Block 3, Wobegon Woods, Anoka County, Minnesota. WHEREAS, Jeffrey Pavlak has requested to vacate a portion of the drainage and utility easement located on said property legally described as: That part of the drainage easement in Lot 7, Block 3, WOBEGON WOODS, as dedicated in said WOBEGON WOODS, according to the recorded plat thereof and situate in Anoka County, Minnesota described as follows: / Commencing at the southeast comer of said Lot 7; thence North 89 degrees 00 minutes 02 seconds West, assumed bearing along the south line of said Lot 7 a distance of 115.00 feet; thence North 00 degrees 59 minutes 58 seconds East a distance of 100.00 feet to the point of beginning of the land to be described; thence South 00 degrees 59 minutes 58 seconds West a distance of 15.00 feet; thence North 89 degrees 00 minutes 02 seconds West a distance of30.17 feet; thence North 56 degrees 12 minutes 21 seconds West a distance of 12.14 feet; thence North 00 degrees 10 minutes 12 seconds West a distance of 8.43 feet to the intersection with a line drawn North 89 degrees 00 minutes 02 seconds West from the point of beginning; thence South 89 degrees 00 minutes 02 seconds East a distance of 40.55 feet to said point of beginning. 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) The area vacated shall conform to Exhibit A and to the legal description dated November 14, 2005. 2) Documents shall be filed granting the City a drainage and utility easement in conformance with Exhibit A and legally described as: , / An easement for drainage purposes over and across Lot 7, Block 3, WOBEGON WOODS, according to the recorded plat thereof and situate in Anoka County, Minnesota described as follows: \ , Commencing at the southeast comer of said Lot 7, thence North 89 degrees 00 minutes 02 seconds West, assumed bearing along the south line of said Lot 7 a distance of 195.00 feet; thence North 00 degrees 59 minutes 58 seconds East a distance of 10.00 feet to the point of beginning of the land to be described; thence continuing North 00 degrees 59 minutes 58 seconds East a distance of 48.00 feet; thence North 88 degrees 42 minutes 08 seconds West a distance of 25.72 feet; thence South 00 degrees 59 minutes 58 seconds West a distance of 48.13 feet to the intersection with a line drawn North 89 degrees 00 minutes 02 seconds West from the point of beginning; thence South 89 degrees 00 minutes 02 seconds East a distance of25.72 feet to said point of beginning. , / 3) A grading escrow in the amount of $200.00 shall be paid to the City before a building permit is issued for the planned addition to the house. 4) An as built grading plan shall be submitted to the City and an inspection shall be performed when the grading work has been completed. Adopted by the City Council of the City of Andover on this 6th day of December, 2005. CITY OF ANDOVER ATTEST (1".;t,~ f) ./b Victoria V olk, City Clerk ) CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 211-05 MOTION by Council member Jacobson to adopt the following: A RESOLUTION APPROVING CHANGE ORDER # 1 (COMPENSATING) TO WINTERGREEN STREET NW (NORTH OF 161sT AVENUE NW) THROUGH COUNTRY OAKS WEST AND TURN LANE IMPROVEMENTS TO 161s' AVENUE NW ,PROJECT NO. 05-18. WHEREAS, the City of Andover has a contract for Project No. 05-18 with C.W. Houle. Inc. of Shoreview. MN NOW THEREFORE, BE IT RESOLVED by the City Council of Andover to hereby approve the change order to Project No. 05-18. Adopted by the City Council of the City of Andover this December , 2005. 6th day of CITY OF ANDOVER ATTEST: IL;t;;;~ !)~ Victoria Volk - City Clerk MOTION by Councilmember CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 210-05 Jacobson to adopt the following: A RESOLUTION ORDERING PREPARATION OF A FEASIBILITY REPORT FOR THE IMPROVEMENT OF TULIP STREET NW BETWEEN 161sT AVENUE NW AND VALLEY DRIVE NW , PROJECT NO. 05-11. WHEREAS, the City Council of the City of Andover is cognizant of the need for the improvements, specifically Tulip Street NW, Project 05-11; and WHEREAS, the City Council proposes to assess the benefiting property for all or a portion of the costs of the improvement, pursuant to Minnesota Statutes 429. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover that: 1. The City Council is cognizant of the need for improvements. 2. The proposed improvement is hereby referred to the consulting firm of SEH and they are instructed to provide the City Council with a feasibility report. MOTION seconded by Councilmember Kniqht and adopted by the City Council at a reqular meeting this 6th day of December , 2005 , with Councjlmembers Jacobson. Kniqht. Orttel. Gamache. Trude voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: (Lieu o.../b Victoria Volk - City Clerk " CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 209-05 MOTION by Councilmember Jacobson to adopt the following: A RESOLUTION ACCEPTING FEASIBILITY STUDY AND WAIVING PUBLIC HEARING FOR THE IMPROVEMENT OF PROJECT NO. 05-58 FOR WATER MAIN IN THE FOLLOWING AREA OF 3532 _135th AVENUE NW. WHEREAS, the City Council did on the 15th day of November ,2005, order the preparation of a feasibility study for the improvement; and WHEREAS, such feasibility study was prepared by City Enqineer presented to the Council on the 6th day of December , 2005 and ; 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 $ 4.882.86 . NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby receive the feasibility report with an estimated total cost of improvements of $ 4.882.86 , waive the Public Hearing and order improvements. MOTION seconded by Councilmember Kniqht and adopted by the day of December, 2005 , with City Council at a reqular meeting this 6th Council members Jacobson. Kniqht. Orttel. Gamache. Trude voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: (jz~ t1/& Victoria Volk - City Clerk / CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 208-05 MOTION by Councilmember Jacobson to adopt the following: A RESOLUTION APPROVING CHANGE ORDER #--1- TO PROJECT NO. 05-13. CITY HALL HVAC REPLACEMENT. WHEREAS, the City of Andover has a contract for Project No. 05-13 with United States Mechanical. Inc. of Circle Pines. MN NOW THEREFORE, BE IT RESOLVED by the City Council of Andover to hereby approve the change order to Project No. 05-13. Adopted by the City Council of the City of Andover this December , 2005. 6th day of CITY OF ANDOVER ATTEST: !L1u".-J (}{/U Victoria Volk - City Clerk , J .' CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 207 A-05 MOTION by Council member Jacobson to adopt the following: A RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR PROJECT NO. 05-57, UNIVERSITY AVENUE NW FROM CONSTANCE BOULEVARD NW TO 166TH AVENUE NW FOR MILL & OVERLAY IMPROVEMENTS. WHEREAS, pursuant to advertisement for bids as set out by the City of Ham Lake, bids were received, opened and tabulated according to law with results as follows: Universal Enterprises W.B. Miller, Inc. Forest Lake Contracting, Inc. $349,660.92 $381,656.70 $399,742.65 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby accept the bids as shown to indicate Universal Enterprises as being the apparent low bidder. J BE IT FURTHER RESOLVED TO HEREBY direct the City of Ham Lake through the Joint Powers Agreement to enter into a contract with Universal Enterprises in the amount of $ 349.660.92 for construction of the improvements. MOTION seconded by Council member Kniqht and adopted by the City Council at a reqular meeting this 6th day of December , 2005 , with Council members Jacobson. Kniqht. Orttel. Gamache, Trude voting in favor of the resolution, and Council members none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: tJ~~ Ovd; Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 207-05 MOTION by Council member Jacobson to adopt the following: A RESOLUTION APPROVING FINAL PLANS AND SPECIFICATIONS FOR PROJECT NO. 05-57, UNIVERSITY AVENUE NW FROM CONSTANCE BOULEVARD NW TO 1661H AVENUE NW FOR MILL & OVERLAY IMPROVEMENTS. WHEREAS, pursuant to Resolution No. 202-05 , adopted by the City Council on the 15111 day of November ,2005, the City of Ham Lake has prepared final plans and specifications for Project 05-57, University Avenue NW from Constance Boulevard NW to 1661h Avenue NW . WHEREAS, such final plans and specifications were presented to the City Council for their review on the 61h day of December , 2005 . 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 Kniqht and adopted by the City Council at a reqular meeting this 61h day of December ,2005, with Councilmembers Jacobson. Kniqht. Orttel. Gamache. Trude voting in favor of the resolution, and Council members none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: IL;t;;~'J d-lb Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO 206-05 A RESOLUTION APPROVING THE FINAL PLAT OF "SOPHIE'S SOUTH" FOR HARSTAD HILLS, INC. AND MERIT DEVELOPMENT CO, INC. ON PROPERTY LEGALLY DESCRIBED AS: That part of the west half of the northeast quarter of Section 23, Township 32, Range 24 lying southerly of Crosstown Boulevard (County Road 18) except that part for railroad as described in Book 27 of Deeds, Page 480 and except that part of the southwest quarter of the northeast quarter of Section 23, Township 32, Range 24, described as follows: From the southwest comer of said southwest quarter of the northeast quarter; distance of 880 feet, more or less, to the centerline of the public highway; thence North 52 degrees east on the said centerline of public road a distance of 535 feet to the actual point of beginning; thence southeasterly at right angles 208.6 feet; thence southwesterly at right angles 208.6 feet, thence northwesterly at right angles 208.6 feet to the point of beginning, except public road right of way; And, That part of the northwest quarter of Section 23, Township 32, Range 24 lying southerly of Crosstown Boulevard (County Road 18). WHEREAS, the City Council has approved the preliminary plat ofthe project to be known as "Sophie's South"; and WHEREAS, Harstad Hills, Inc. and Merit Development Co, Inc. have presented the final plat of Sophie's South; and WHEREAS; the Andover Review Committee has reviewed such final plat for conformance with the preliminary plat. NOW, THEREFORE, BE IT RESOLVED by the City Council ofthe City of Andover to hereby approve the final plat of Sophie's South contingent upon the following: 1. The final plat shall conform to the plan stamped received by the City of Andover on November 9,2005. 2. The developer shall be responsible for the cost of construction of all improvements approved as a part of the preliminary plat. 3. The developer shall grant a trail and emergency access easement over the drainage and utility easement on the south 45 feet oflot 15, block 1. 4. A trail fee in the amount of $565.00 shall be paid for each buildable lot. 5. A park dedication fee in the amount of $2,325.00 shall be paid for each buildable lot, with credit for dedicated park land. 6. Such plat approval is contingent upon a development agreement acceptable to the City Attorney. A financial guarantee will be required as a part of this agreement to assure all of the subdivision improvements will be completed. 7. Subject to final review of City Stafffor compliance with City ordinances, policies, guidelines and conditions of preliminary and final plat approval. 8. Developer is responsible for obtaining all permits from U.S. Army Corps of Engineers, DNR, LGU, watershed district, MPCA and any other agency that may be interested in the site. 9. Subject to all conditions of the preliminary plat resolution dated May I th, 2005. Adopted by the City Council of the City of Andover this 15th day of November 2005. ATTEST: Il_z;~~J d ./.<3 Victoria V olk, City Clerk .~ CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO: R205-05 A RESOLUTION DENYING A VARIANCE TO REDUCE THE SIDE YARD SETBACK FROM 35 FEET TO 20 FEET FOR PROPERTY LOCATED AT 1511 13Sth LANE NW LEGALLY DESCRIBED AS: Lot 8, Block 6, Hills of Bunker Lake 3rd Addition, Anoka County, Minnesota WHEREAS, the Planning Commission has reviewed the request to vary from City Code 12-3-4 to reduce the side yard setback for the subject property from 35 feet to 20 feet, and; WHEREAS, the applicant has provided the following findings for the Planning Commission to consider: I. The applicants' property has a substantial amount of trees. 2. The back yard has one central open area that is used for recreation. 3. Strict adherence to the 35-foot setback requirement would require that the proposed garage be constructed in the central open area in the back yard. 4. Building the garage at the full side yard setback would restrict the amount of open space available in the back yard. WHEREAS, after review the Planning Commission finds that the request does not constitute a legitimate hardship and recommended denial of the request, and; WHEREAS, the City Council has received the recommendation of the Planning Commission, and; NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover denies the proposed variance request to reduce the side yard setback for the subject property from 35 feet to 20 feet based on the lack of findings for granting the variance. Adopted by the City Council of the City of Andover on this 15th day of November, 2005. CITY OF ANDOVER ATTEST: tLt:~{!-tZ Victoria V olk, City Clerk CITY OF ANDOVER COUNTYOFANOKA STATE OF MINNESOTA RESOLUTION NO. R204-05 A RESOLUTION RESCINDING RESOLUTION R201-5, A RESOLUTION APPROVING A VARIANCE TO REDUCE THE SIDE YARD SETBACK FROM 35 FEET TO 20 FEET FOR PROPERTY LOCATED AT 1511 138th LANE NW LEGALLY DESCRIBED AS: Lot 8, Block 6, Hills of Bunker Lake 3rd Addition, Anoka County, Minnesota WHEREAS, the City Council at their November 1,2005 meeting approved a resolution approving a variance to City Code 12-3-4 to reduce the side yard setback for the subject property from 35 feet to 20 feet, and; WHEREAS, the City Council has made a motion to reconsider the decision to grant the variance, and; WHEREAS, the City Council has discussed the issue and come to the conclusion that the variance should be reconsidered. NOW, THEREFORE, BE IT RESOLVED that Resolution No. R-201-05 is hereby rescinded. Adopted by the City Council of the City of Andover this 15th day of November, 2005. CITY OF ANDOVER ATTEST: ~-/0?L /' tY~?-q: C' d-/L. ;vrichael R. Gamache, Mayor tli4v LlLb Victoria V olk, City Clerk J CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 203-05 MOTION by Councilmember Trude to adopt the following: A RESOLUTION DECLARING ADEQUACY OF PETITION AND ORDERING PREPARATION OF A FEASIBILITY REPORT FOR THE IMPROVEMENT OF WATER MAIN ,PROJECT NO. 05-58, IN THE AREA OF 3532 _135TH AVENUE NW. WHEREAS, the City Council has received a petition, dated November 8. 2005 requesting the construction of improvements; and WHEREAS, such petition has been validated to represent the signatures of 100% of the affected property owners requesting such improvement. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover that: 1. The petition is hereby declared to be 100% of owners of property affected, thereby making the petition unanimous. 2. Escrow amount for feasibility report is 0 3. The proposed improvement is hereby referred to the City Enqineer and he is instructed to provide the City Council with a feasibility report. MOTION seconded by Councjlmember City Council at a reqular meeting this 15th o rtte I and adopted by the day of November ,2005, with Council members Trude. Orttel. Kniqht. Gamache. Jacobson voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: ~~~ Jv1 chael R. Gamache - Mayor U',<J IJ.Lb Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 202-05 MOTION by Council member Trude to adopt the following: A RESOLUTION ORDERING IMPROVEMENT AND DIRECTING PREPARATION OF PLANS AND SPECIFICATIONS FOR THE IMPROVEMENT OF PROJECT NO. 05-57 FOR UNIVERSITY AVENUE NW FROM CONSTANCE BOULEVARD NW TO 1661H AVENUE NW FOR MILL & OVERLAY IMPROVEMENTS. WHEREAS, the City Council is cognizant of the need for the mill & overlay improvements; and . , NOW, THEREFORE BE IT RESOLVED by the City Council to order the improvement of University Avenue NW from Constance Boulevard NW to 166th Avenue NW . Project 05-57; and BE IT FURTHER RESOLVED by the City Council to hereby direct the City of Ham Lake to prepare the plans and specifications for such improvement project. MOTION seconded by Councilmember Orttel and adopted by the City Council at a reqular meeting this 15th day of November , 2005 , with Councilmembers Trude. Orttel. Kniqht. Gamache. Jacobson voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: -;::?~~-L ~hael R. Gamache - Mayor tl..;tu:.v tl./b Victoria Volk - City Clerk ;' CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R201-05 A RESOLUTION APPROVING A VARIANCE TO REDUCE THE SIDE YARD SETBACK FROM 35 FEET TO 20 FEET FOR PROPERTY LOCATED AT 1511 138th LANE NW LEGALLY DESCRIBED AS: Lot 8, Block 6, Hills of Bunker Lake 3'd Addition, Anoka County, Minnesota WHEREAS, the Planning Commission has reviewed the request to vary from City Code 12-3-4 to reduce the side yard setback for the subject property from 35 feet to 20 feet, and; WHEREAS, the applicant has provided the following findings for the Planning Commission to consider: 1. The applicants' property has a substantial amount of trees. 2. The back yard has one central open area that is used for recreation. 3. Strict adherence to the 35-foot setback requirement would require that the proposed garage be constructed in the central open area in the back yard. 4. Building the garage at the full side yard setback would restrict the amount of open space . J available in the back yard. WHEREAS, after review the Planning Commission finds that the request does not constitute a legitimate hardship and recommended denial of the request, and; WHEREAS, the City Council has received the recommendation of the Planning Commission, and; NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover approves the proposed variance request to reduce the side yard setback for the subject property from 35 feet to 20. Adopted by the City Council of the City of Andover on this 1st day of November, 2005. CITY OF ANDOVER ATTEST: ~~~~~ MiChael R. Gamache, Mayor /L/;;,~ IJ./U Victoria V olk, City Clerk ) CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R200-05 A RESOLUTION ADOPTING THE ASSESSMENT ROLL FOR THE CERTIFICATION OF DELINQUENT SEWER, WATER, STORM SEWER AND/OR STREET LIGHTING CHARGES. WHEREAS, pursuant to a proper notice duly given as required by law, the council has met, heard and passed upon all objections to the proposed assessment for the delinquent sewer, water, storm sewer and/or street lighting charges. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF ANDOVER, MINNESOTA: 1. Such proposed assessment, a copy of which is attached hereto and made part hereof, is hereby accepted and shall constitute the special assessment against the lands named therein, and each tract of land therein included is hereby found to be benefited by the proposed improvement in the amount of the assessment levied against it. 2. Such assessment shall be payable in one annual installment on or before the first Monday of January, 2006 and shall bear interest at the rate of 8 percent per year. 3. The owners of any property so assessed may, at any time prior to certification of the assessment to the County Auditor, pay the whole of the assessment on such property with interest accrued to the date of payment, except that no interest shall be charged if the entire assessment is paid within 30 days from the adoption of the resolution. Adopted by the City Council of the City of Andover on this 1st day of November, 2005., CITY OF ANDOVER ATTEST: 1.bz4.-- ()"IL Victoria Volk - City Clerk ~, ~/ /:/;;, --,( ;~~""""4- I'1ithael It. Gamache, Mayor \ / CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 199-05 MOTION by Council member Jacobson to adopt the following: A RESOLUTION ADOPTING THE ASSESSMENT ROLL FOR THE IMPROVEMENT OF PROJECT 05-2. 2005 OVERLAYS IN THE AREA OF VALLEY VIEW ESTATES (8 LOTS) & THE NORTH PORTION OF VALLEY VIEW ESTATES 2NU ADDITION (14 LOTS) . WHEREAS, pursuant to proper notice duly given as required by law, the City Council has met and heard and passed upon all objections to the proposed assessment for the improvements. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF ANDOVER, MINNESOTA: \ / 1. Such proposed assessment, a copy of which is attached hereto and made part hereof, is hereby accepted and shall constitute the special assessment against the lands named therein, and each tract of land therein included is hereby found to be benefited by the proposed improvement in the amount of the assessment levied against it. 2. Such assessment shall be payable in equal annual installments, extending over a period of 5 years, the first of the installments to be payable on or before the first Monday in January, 2006 and shall bear interest at a rate of ~ percent per annum from the date of the adoption of this assessment resolution. 3. The owners, of any property so assessed may, at any time prior to certification of the assessment to the County Auditor, pay the whole of the assessment on such property, with interest accrued to the date of payment, to the City Treasurer. MOTION seconded by Council member o rtte I and adopted by the City Council at a reqular meeting this 151 day of November ,2005 ,with Councilmembers Jacobson. Trude. Orttel. Kniqht. Gamache voting in favor of the resolution, and Councilmembers against, whereupon said resolution was declared passed. none voting CITY OF ANDOVER ATTEST: 2 j>-~ ~? .~~~~~~ M)ptfael R. Gamache - Mayor \ I ~()4 Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 198-05 MOTION by Councilmember Jacobson to adopt the following: A RESOLUTION ACCEPTING A CONTRIBUTION MADE TO THE CITY OF ANDOVER TOWARDS THE PURCHASE OF AUTOMATIC DEFIBRILLATORS FOR THE FIRE STATIONS AND COMMUNITY CENTER. WHEREAS, any contributions that are to be made to the City of Andover must be accepted by the City Council; and WHEREAS, the contribution from CenterPoint Energy of $3,000 is to be used towards the purchase of automatic defibrillators. NOW, THEREFORE BE IT RESOLVED by the City Council to hereby accept the contribution, which is to be used towards the purchase of automatic defibrillators. J MOTION seconded by Councilmember Trude and adopted by the City Council at a regular meeting this 1st day of November 2005, with Councilmembers Kniqht. Orttel. Gamache. Jacobson. Trude voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: L?-;t/~4--./;( Mic/l'ael R. Gamache - Mayor / d,:z-,-<~.J 1/& Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R197-05 MOTION by Councilmember Jacobson to adopt the following: A RESOLUTION CALLING FOR REDEMPTION OF OUTSTANDING GENERAL OBLIGATION TAX INCREMENT BONDS OF 2000A. A. WHEREAS, the City Council of the City of Andover, Minnesota (the "City"), issued on behalf of the City, $2,445,000 General Obligation Tax Increment Bonds of 2000A, dated September 1, 2000 (the "Bonds"), of which Bonds $1,660,000 still remains outstanding; and B. WHEREAS, all of the said Bonds maturing in the years 2006 to 2010, both inclusive, are subject to redemption and prepayment at the option of the City in inverse order, on February 1,2006, and on any interest payment date thereafter at par and accrued interest, all as provided in the resolution of the City Council dated August I, 2000 authorizing the issuance of said Bonds (the "Resolution"), and C. WHEREAS, the City Council deems it desirable and in the best interests of the City to call all of the Bonds maturing in the years 2006 to 2010, on February 1,2006, the interest payment date, in accordance with said Resolution; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover, Minnesota, as follows: 1. Bonds to be Redeemed. All of the Bonds maturing in the years 2006 to 2010, shall be redeemed and prepaid on February 1, 2006 at par and accrued interest for each such Bond called. 2. Notice of Call. The City Finance Director is hereby authorized and directed to give written notice of call at least forty-five (45) days prior to February 1,2006, the date for call, to the paying agent where said Bonds are payable and therefore by registered or certified mail at least thirty (30) days prior to the date for call to ail registered owners of the Bonds. Said notice shall be in substantially the following form: I NOTICE OF CALL FOR REDEMPTION " $2,445,000 GENERAL OBLIGATION TAX INCREMENT BONDS, SERIES 2000A CITY OF ANDOVER ANOKA COUNTY, MINNESOTA -' NOTICE IS HEREBY GIVEN that, by order of the City Council of the City of Andover, Anoka County, Minnesota, there have been called for redemption and prepayment on February 1,2006 all outstanding bonds of the City designated as General Obligation Tax Increment Bonds, Series 2000A, dated September 1, 2000, having stated maturity dates of February 1 and August 1 in the years 2006 through 20 I 0, both inclusive, totaling $1,660,000 in principal amount, and with the following CUSIP numbers: Year 02/0 I /2006 08/01/2006 02/01/2007 08/01/2007 02/01/2008 08/01/2008 02/01/2009 08/01/2009 02/01/2010 Amount $160,000 160,000 165,000 175,000 175,000 200,000 200,000 210,000 215,000 CUSIP 34313SM9 34313SN7 34313SP2 34313SQO 34313SR8 34313SS6 34313ST4 34313SUl 34313SV9 The bonds are being called at a price of par plus accrued interest to February 1, 2006, on which date all interest on said bonds will cease to accrue. Holders of the bonds hereby called for redemption are / requested to present their bonds for payment at the main office of U.S. Bank National Association, in the City of S1. Paul, Minnesota, on or before February 1, 2006. If bv mail: U.S. Bank National Association Corporate Trust Operations 60 Livingston Avenue 81. Paul, MN 55107 IfbV hand: U.S. Bank National Association 60 Livingston Avenue 1st Floor - Bond Drop Window S1. Paul, MN 55107 Dated: November 1, 2005. BY ORDER OF THE CITY COUNCIL Bv Is! Jim Dickinson City Administrator City of Andover, Minnesota Important Notice: In compliance with the Economic Growth and Tax Relief Reconciliation Act of 2001, federal backup withholding tax will be withheld at the applicable backup withholding rate in effect at the time the payment by the redeeming institutions if they are not provided with your social security number or federal employer identification number, properly certified. This requirement is fulfilled by submitting a W-9 Form, which may be obtained at a bank or other financial institution. The Registrar will not be responsible for the selection or use of the CUSIP number, nor is any representation made as to the correctness indicated in the Redemption Notice or on any Bond. It is included solely for convenience of the Holders. J Additional information may be obtained from: u.s. Bank National Association Corporate Trust Division Bondholder Relations (800) 934-6802 .' . , 3. Deposit of Sufficient Funds. The City Finance Director is hereby authorized and directed to deposit with the bank where said Bonds are payable prior to said call date sufficient funds to pay all principal and interest due on said Bonds as of the call date. MOTION seconded by Councilmernber Trude and adopted by the City Council of the City of Andover on this 1st day of November, 2005, with Councilmembers Gamache. Jacobson. Orttel. Knight.. Trude voting in favor of voting against, the resolution, and Councilmembers whereupon said resolution was passed. none CITY OF ANDOVER ATTEST: ~.//~Z-' ,,:: , Michael R. Gamache iJ___.i';;;UJ (),/b Victoria V oIk - City Clerk , / STATE OF MINNESOTA COUNTY OF ANOKA CITY OF ANDOVER I, the undersigned, being the duly qualified and acting City Clerk of the City of Andover, Minnesota, DO HEREBY CERTIFY that I have carefully compared the attached and foregoing extract' of minutes of the City Council of the City of Andover held on the date therein indicated, with the original thereof on file in my office, and the same is a full, true and complete transcript therefrom insofar as the same relates to calling for redemption of outstanding General Obligation Tax Increment Bonds of2000A. WITNESS my hand as such City Clerk this 1st day of November, 2005. f1X~ {!'/b City Clerk . , , CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 196-05 MOTION by Councilmember Jacobson to adopt the following: A RESOLUTION ADOPTING THE ASSESSMENT ROLL FOR THE IMPROVEMENT OF SANITARY SEWER & WATER MAIN, PROJECT NO. 05-48. 709 _140TH LANE NW. WHEREAS, the property owner has waived their right to a public hearing. NOW, THEREFORE. BE IT RESOLVED BY THE CITY COUNCIL OF ANDOVER, MINNESOTA: '\ . ) 1. Such proposed assessment. a copy of which is attached hereto and made part hereof, is hereby accepted and shall constitute the special assessment against the lands named therein, and each tract of land therein included is hereby found to be benefited by the proposed improvement in the amount of the assessment levied against it. 2. Such assessment shall be payable in equal annual installments, extending over a period of..L.. years, the first of the installments to be payable on or before the 1 st Monday in January, 2006 and shall bear interest at a rate of 6 percent per annum from the date of the adoption of this assessment resolution. 3. The owner of any property so assessed may, at any time prior to certification of the assessment or the first installment thereof to the county auditor, pay the whole of the assessment on such property, with interest accrued to the date of payment. to the municipal treasurer, except that no interest shall be charged if the entire assessment is paid within 30 days from the adoption thereof; and. except as hereinafter provided, the owner may at any time prior to November 15 of any year. prepay to the treasurer of the municipality having levied said assessments, the whole assessment remaining due with interest accrued to December 31 of the year in which said prepayment is made. MOTION seconded by Councilmember City Council at a reqular meeting this 1st Trude and adopted by the day of November ,2005, with Councilmembers Jacobson. Trude. Orttel. Kniqht. Gamache voting in favor of the resolution, and Councilmembers against, whereupon said resolution was declared passed. none voting \ ; ATTEST: CITY OF ANDOVER ~' ~ ",/ ~J~ c:A MrChael R. Gamache - Mayor ( (J. ~,~ d/b Victoria Volk - City Clerk .~ / CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 195-05 MOTION by Councilmember Jacobson to adopt the following: A RESOLUTION ADOPTING THE ASSESSMENT ROLL FOR THE IMPROVEMENT OF SANITARY SEWER & WATER MAIN, PROJECT NO. 05-47. 665 _140TH LANE NW. WHEREAS, the property owner has waived their right to a public hearing. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF ANDOVER, MINNESOTA: \ / 1. Such proposed assessment, a copy of which is attached hereto and made part hereof, is hereby accepted and shall constitute the special assessment against the lands named therein, and each tract of land therein included is hereby found to be benefited by the proposed improvement in the amount of the assessment levied against it. 2. Such assessment shall be payable in equal annual installments, extending over a period of ~ years, the first of the installments to be payable on or before the 1 st Monday in January, 2006 and shall bear interest at a rate of 6 percent per annum from the date of the adoption of this assessment resolution. 3. The owner of any property so assessed may, at any time prior to certification of the assessment or the first installment thereof to the county auditor, pay the whole of the assessment on such property, with interest accrued to the date of payment, to the municipal treasurer, except that no interest shall be charged if the entire assessment is paid within 30 days from the adoption thereof; and, except as hereinafter provided, the owner may at any time prior to November 15 of any year, prepay to the treasurer of the municipality having levied said assessments, the whole assessment remaining due with interest accrued to December 31 of the year in which said prepayment is made. MOTION seconded by Council member City Council at a reqular meeting this 151 Trude and adopted by the day of November ,2005, with Councilmembers Jacobson. Trude, Orttel. Kniqht. Gamache voting in favor of the resolution, and Council members against, whereupon said resolution was declared passed. none voting CITY OF ANDOVER ATTEST: ~~:;/i::?7A4 ~l1ael R. Gamache - Mayor / Ii ,;i;-~ (j/L; Victoria Volk - City Clerk / CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 194-05 A RESOLUTION DESIGNATING NO PARKING ALONG BOTH SIDES OF BUTTERNUT STREET NW, 142ND AVENUE NW & ALDER STREET NW IN THE SHADOWBROOK 3RD & SHADOWBROOK 5TH ADDITIONS FOR PROJECT 05-55. WHEREAS, no parking will be allowed along both sides of the street for the following: .:. Butternut Street NW between 139th Avenue NW & 141s1 Lane NW .:. Butternut Street NW between 141s1 Lane NW & 142nd Avenue NW .:. Alder Street NW between 141s1 Lane NW & 142nd Avenue NW .:. 142nd Avenue NW from 121.47 feet west of Butternut Street NW to Alder Street NW NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to designate the no parking zone. Adopted by the City Council of the City of Andover this L day of November 2005. ATTEST: ~%.//d"// ~ichael R. Gamache - Mayor LL,-/;;: 0./ U~ Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 193-05 MOTION by Councilmember Jacobson to adopt the following: A RESOLUTION ADOPTING THE ASSESSMENT ROLL FOR INTERSECTION IMPROVEMENTS IN THE FOLLOWING AREA OF CROSSTOWN BOULEVARD NW & 1591H AVENUE NW , PROJECT NO. 04-33. WHEREAS, the property owners have waived their right to a public hearing. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF ANDOVER, MINNESOTA: 1. Such proposed assessment, a copy of which is attached hereto and made part hereof, is hereby accepted and shall constitute the special assessment against the lands named therein, and each tract of land therein included is hereby found to be benefited by the proposed improvement in the amount of the assessment levied against it. 2. Such assessment shall be payable in equal annual installments, extending over a period of ~ years, the first of the installments to be payable on or before the 1 st Monday in January, 2006 and shall bear interest at a rate of 6 percent per annum from the date of the adoption of this assessment resolution. 3. The owner of any property so assessed may, at any time prior to certification of the assessment or the first installment thereof to the county auditor, pay the whole of the assessment on such property, with interest accrued to the date of payment, to the municipal treasurer, except that no interest shall be charged if the entire assessment is paid within 30 days from the adoption thereof; and, except as hereinafter provided, the owner may at any time prior to November 15 of any year, prepay to the treasurer of the municipality having levied said assessments, the whole assessment remaining due with interest accrued to December 31 of the year in which said prepayment is made. MOTION seconded by Councilmember City Council at a reaular meeting this 1 sl Trude and adopted by the day of November ,2005, with Councilmembers Jacobson, Trude. Orttel. Kniqht. Gamache voting in favor of the resolution, and Councilmembers against, whereupon said resolution was declared passed. none voting CITY OF ANDOVER ATTEST: --;:z/~~z- Micnael R. Gamache - Mayor , ( IJkv ad Victoria Volk - City Clerk J CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 191-05 MOTION by Councilmember Jacobson to adopt the following: A RESOLUTION APPROVING THE STREET ACCEPTANCE (PRIVATE TO PUBLIC) OF BUTTERNUT STREET NW, 142ND AVENUE NW & ALDER STREET NW IN THE SHADOWBROOK 3RD ADDITION & SHADOWBROOK 5TH ADDITION. WHEREAS, the Association has completed the street acceptance requirements as set by the Andover Review Committee and the City Council, and; WHEREAS, the Council affirms that the location of the structures within Shadowbrook Cove were approved as a part of a Planned Unit Development and reaffirms that all existing structures shall continue to be considered legal conforming structures that may be reconstructed as they presently exist in the event that they are damage or destroyed, and; NOW, THEREFORE BE IT RESOLVED by the City Council of Andover to hereby accepts the streets (private to public) of Butternut Street NW, 142nd Avenue NW & Alder Street NW in the Shadowbrook 3rd Addition and Shadowbrook 5th Addition. Adopted by the City Council of the City of Andover this 18th 2005. day of October , CITY OF ANDOVER ATTEST: IU-~ (),/L; Victoria Volk - City Clerk . , .' j CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 190-05 MOTION by Councilmember Jacobson to adopt the following: A RESOLUTION APPROVING CHANGE ORDER #~ TO PROJECT NO. 04-52B. WELL #9/PUMPING UNIT. WHEREAS, the City of Andover has a contract for Project No. 04-52B with Mark J. Traut Wells of Waite Park. MN NOW THEREFORE, BE IT RESOLVED by the City Council of Andover to hereby approve the change order to Project No. 04-52B. Adopted by the City Council of the City of Andover this October , 2005. 18th day of CITY OF ANDOVER ATTEST: ILtu~ (f,/f.. Victoria Volk - City Clerk / CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R189-05 A RESOLUTION SUPPORTING THE ADDITION OF A FULL SERVICE POST OFFICE WINDOW AT THE EXISTING POST OFFICE IN THE CITY OF ANDOVER. WHEREAS, the City of Andover is a City of the 2nd class with a population in excess of 30,000 people, and; WHEREAS, the City of Andover does not currently have a full service post office window, and; WHEREAS, a number of residents of the City of Andover have expressed a desire for a full service post office in the City. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover supports the addition of a full service window at the Andover Post Office. Adopted by the City Council of the City of Andover on this 18th day of October 2005. CITY OF ANDOVER ATTEST: tL~: ./ (J,,-Ib Victoria V olk, City Clerk / , , CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 188-05 A RESOLUTION DESIGNATING NO PARKING ALONG BOTH SIDES OF HANSON BOULEVARD NW BETWEEN 133RD AVENUE NW & COON CREEK r=OR PROJECT 04-23. WHEREAS. no parking will be allowed along both sides of Hanson Boulevard NW between 133rd Avenue NW & Coon Creek for Project 04-23; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to designate the no parking zone. Adopted by the City Council of the City of Andover this 18th day of October , 2005. , J ATTEST: ~;?~d~ ~c ael R. Gamache - Mayor /lz;.~ tJ../b Victoria Volk - City Clerk \ , J / CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 187-05 MOTION by Councilmember Jacobson to adopt the following: A RESOLUTION ADOPTING THE ASSESSMENT ROLL FOR THE IMPROVEMENT OF WATER MAIN, PROJECT NO. 05-53.13788 QUINN STREET NW. WHEREAS, the property owner has waived their right to a public hearing. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF ANDOVER, MINNESOTA: J 1. Such proposed assessment, a copy of which is attached hereto and made part hereof, is hereby accepted and shall constitute the special assessment against the lands named therein, and each tract of land therein included is hereby found to be benefited by the proposed improvement in the amount of the assessment levied against it. 2. Such assessment shall be payable in equal annual installments, extending over a period of L- years, the first of the installments to be payable on or before the 1 st Monday in January, 2006 and shall bear interest at a rate of 6 percent per annum from the date of the adoption of this assessment resolution. 3. The owner of any property so assessed may, at any time prior to certification of the assessment or the first installment thereof to the county auditor, pay the whole of the assessment on such property, with interest accrued to the date of payment, to the municipal treasurer, except that no interest shall be charged if the entire assessment is paid within 30 days from the adoption thereof; and, except as hereinafter provided, the owner may at any time prior to November 15 of any year, prepay to the treasurer of the municipality having levied said assessments, the whole assessment remaining due with interest accrued to December 31 of the year in which said prepayment is made. MOTION seconded by Councilmember Trude and adopted by the City Council at a reqular meeting this 18th day of October ,2005, with Council members Jacobson, Trude. Orttel. Kniqht. Gamache voting in favor of the resolution, and Council members against, whereupon said resolution was declared passed. none voting CITY OF ANDOVER ATTEST: ~de4~ ~i ael R. Ga'iimChe - Mayor {L,;/;~, (jo./b Victoria Volk - City Clerk ) CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 186-05 . , MOTION by Councilmember Jacobson to adopt the following: A RESOLUTION DECLARING COST AND DIRECTING PREPARATION OF ASSESSMENT ROLL FOR THE IMPROVEMENT OF WATER MAIN ,FOR PROJECT 05-53, 13788 QUINN STREET NW. THE CITY COUNCIL OF THE CITY OF ANDOVER HEREBY RESOLVES: WHEREAS, the expenses incurred or to be incurred in the making of such improvement amount to $ 3.466.48 so that the total cost of the improvement will be $ 3.466.48 1. NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Andover, MN: The portion of the cost of such improvement to be paid by the City is hereby declared to be $ 0.00 the amount to be assessed against benefited property owners is declared to be $ 3.466.48 2. Assessments shall be payable in equal annual installments extending over a period of .Q... years. The first of the installments to be payable on or before the 1 st Monday in January 2006 ,and shall bear interest at the rate of 6 percent per annum from the date of the adoption of the assessment resolution. 3. The City Clerk, with the assistance of the City Engineer shall forthwith calculate the proper amount to be specially assessed for such improvement against every assessable lot, piece or parcel of land within the district affected, without regard to cash valuation, as provided by law, and she shall file a copy of such proposed assessment in her office for public inspection. 4. The Clerk shall, upon the completion of such proposed assessment, notify the Council thereof. MOTION seconded by Council member Trude and adopted by the City Council at a reqular meeting this 18th day of October ,2005, with Councilmembers Jacobson. Trude. Orttel. Kniqht. Gamache voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: ~/~4~ rytichael R. Gamacne - Mayor U-<.<"ti,'o ~g, Victoria Volk - City Clerk , , / CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 185-05 MOTION by Councilmember Jacobson to adopt the following: A RESOLUTION DECLARING COSTS AND DIRECTING PREPARATION OF ASSESSMENT ROll FOR THE IMPROVEMENT PROJECT NO. 04-33 FOR INTERSECTION IMPROVEMENTS IN THE FOllOWING AREA OF CROSSTOWN BOULEVARD NW & 1591H AVENUE NW. THE CITY COUNCil OF THE CITY OF ANDOVER HEREBY RESOLVES: WHEREAS, a contract has been entered into for the construction of the improvements and the contract price for such improvement is $ 139.334.41 and the expenses incurred or to be incurred in the making of such improvement amount to $43.027.68, so that the total cost of the improvement will be $182.362.09. NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Andover, MN: 1. The portion of the cost of such improvement to be paid by the City is hereby declared to be $60.000.00 (previouslv assessed to Constance Corners) the amount to be assessed against benefited property owners is declared to be $122.362.09. 2. Such assessments shall be payable in semi-annual installments, together with principal and accrued interest, extending over a period of!! years. The first of the installments to be payable on or before the 15th day of April 2006, and shall bear interest at the rate of-2- percent per annum from the date of the adoption of the assessment resolution. 3. The City Clerk, with the assistance of the City Engineer shall forthwith calculate the proper amount to be specially assessed for such improvement against every assessable lot, piece or parcel of land within the district affected, without regard to cash valuation, as provided by law, and she shall file a copy of such proposed assessment in her office for publiC inspection. 4. The Clerk shall, upon the completion of such proposed assessment, notify the Council thereof. MOTION seconded by Council member Trude and adopted by the City Council at a reoular meeting this 18th day of October , 2005 , with Councilmembers Jacobson. Trude. Orttel. Knioht, Gamache voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: ~:v (),Lb Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 184-05 MOTION by Councilmember Jacobson to adopt the following: A RESOLUTION ADOPTING THE ASSESSMENT ROLL FOR THE IMPROVEMENT OF SANITARY SEWER & WATER MAIN, PROJECT NO. 04-34. WHISPERING ACRE. , I WHEREAS, the property owner has waived their right to a public hearing. NOW, THEREFORE, BE IT RESOLVED BYTHE CITY COUNCIL OF ANDOVER, MINNESOTA: 1. Such proposed assessment, a copy of which is attached hereto and made part hereof, is hereby accepted and shall constitute the special assessment against the lands named therein, and each tract of land therein included is hereby found to be benefited by the proposed improvement in the amount of the assessment levied against it. 2. Such assessment shall be payable in equal annual installments, extending over a period of ..2....- years, the first of the installments to be payable on or before the 1 st Monday in January, 2006 and shall bear interest at a rate of 6 percent per annum from the date of the adoption of this assessment resolution. 3. The owner of any property so assessed may, at any time prior to certification of the assessment or the first installment thereof to the county auditor, pay the whole of the assessment on such property, with interest accrued to the date of payment, to the municipal treasurer, except that no interest shall be charged if the entire assessment is paid within 30 days from the adoption thereof; and, except as hereinafter provided, the owner may at any time prior to November 15 of any year, prepay to the treasurer of the municipality having levied said assessments, the whole assessment remaining due with interest accrued to December 31 of the year in which said prepayment is made. MOTION seconded by Council member City Council at a reQular meeting this 18th Trude and adopted by the day of October ,2005, with Councilmembers Jacobson. Trude, Orttel. Kniqht. Gamache voting in favor of the resolution, and Councilmembers against, whereupon said resolution was declared passed. CITY OF ANDOVER none voting ATTEST: {U~~ alb Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 183-05 MOTION by Council member Jacobson to adopt the following: A RESOLUTION ADOPTING THE ASSESSMENT ROLL FOR INTERSECTION IMPROVEMENTS IN THE FOLLOWING AREA OF CROSSTOWN BOULEVARD NW & XEON STREET NW, PROJECT NO. 04-32. WHEREAS, the property owners have waived their right to a public hearing. NOW, THEREFORE, BE IT RESOLVED BYTHE CITY COUNCIL OF ANDOVER, MINNESOTA: 1. Such proposed assessment, a copy of which is attached hereto and made part hereof, is hereby accepted and shall constitute the special assessment against the lands named therein, and each tract of land therein included is hereby found to be benefited by the proposed improvement in the amount of the assessment levied against it. 2. Such assessment shall be payable in equal annual installments, extending over a period of ~ years, the first of the installments to be payable on or before the 1 st Monday in January, 2006 and shall bear interest at a rate of 6 percent per annum from the date of the adoption of this assessment resolution. 3. The owner of any property so assessed may, at any time prior to certification of the assessment or the first installment thereof to the county auditor, pay the whole of the assessment on such property, with interest accrued to the date of payment, to the municipal treasurer, except that no interest shall be charged if the entire assessment is paid within 30 days from the adoption thereof; and, except as hereinafter provided, the owner may at any time prior to November 15 of any year, prepay to the treasurer of the municipality having levied said assessments, the whole assessment remaining due with interest accrued to December 31 of the year in which said prepayment is made. MOTION seconded by Councilmember City Council at a reqular meeting this 18th Trude and adopted by the day of October ,2005, with Councilmembers Jacobson, Trude, Orttel, Kniqht. Gamache voting in favor of the resolution, and Councilmembers against, whereupon said resolution was declared passed. none voting "' , / ATTEST: CITY OF ANDOVER ~' - ~/7 ;7 h~.d f/~ _ .~ ~~R. Gamac e - Mayor {L:;,-uA/ ();/L; Victoria Volk - City Clerk CITY OF ANDOVER . COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R182-05 A RESOLUTION APPROVING LOT SPLIT REQUEST TO SUBDIVIDE A RURAL RESIDENTIAL LOT INTO TWO LOTS FOR PROPERTY LOCATED AT 17714 BLUEBIRD STREET NW (pJ.D 27-32-24-33-0004) LEGALLY DESCRIBED AS: The South 330.00 feet of the East 600.00 feet of the West 1400.00 feet of the Northwest Quarter of Section 2, Township 32, Range 24, Anoka County, Minnesota, as measured along the West and South lines of said Northwest Quarter. WHEREAS, Fred Simonson, the applicant, has requested approval of a lot split to subdivide a rural residential property pursuant to City Code 13-1, located at 17714 Bluebird Street NW; and WHEREAS, The Planning and Zoning Commission has reviewed the request and has determined that said request meets all requirements of City Code 13-1 Splitting Lots, Parcels or Tracts of Land; and WHEREAS, a public hearing was held pursuant to State Statute; and WHEREAS, the Planning and Zoning Commission recommends to the City Council approval of the lot split as requested. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby agrees with the recommendation of the Planning and Zoning Commission and approves the lot split on said property subject to the following conditions: 1. The lot split shall conform to the survey dated August 31, 2005 and stamped received by the City of Andover on September 6, 2005. 2. The applicant shall pay a park dedication fee in the amount of$2325 and a trail fee in the amount of $565 prior to release of deeds to be recorded with Anoka County. 3. That the lot split be subject to a sunset clause as defmed in City Code 12-15-6D. 4. The lot split is subject to the suitability of both parcels to provide for adequate sewage disposal areas and soil suitability. CITY OF ANDOVER Adopted by the City Council of the City of Andover on this 4th day of October, 2005. ~/~~ /Michael R. Gamache, Mayor ATTEST: ! L I:.,,~<./ ()./L Victoria V olk, City Clerk CITY OF ANDOVER COUNTYOFANOKA STATE OF MINNESOTA RES. NO R181-05 A RESOLUTION APPROVING THE FINAL PLAT OF "GREY OAKS SECOND ADDITION" AS BEING DEVELOPED BY ASHFORD DEVELOPMENT CORPORATION LOCATED AT THE SOUTWEST CORNER OF 1551H LANE NW AND HUMMINGBIRD STREET NW, LEGALLY DESCRIBED AS FOLLOWS (P.I.D. 223224110026): Lot 1, Block 2, Grey Oaks, Anoka County, Minnesota WHEREAS, the City Council has approved the preliminary plat of the project to be known as Grey Oaks Second Addition, and; WHEREAS, the Developer has presented the [mal plat of Grey Oaks Second Addition, and; WHEREAS; the Andover review Committee has reviewed such final plat for conformance with the preliminary plat. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby approve the [mal plat of Grey Oaks Second Addition contingent upon receipt of the following: 1. The final plat shall conform to all of the requirements and conditions of approval of the preliminary plat as revised September 20, 2005. 2. The City Attorney presenting a favorable opinion. 3. Security to cover legal and engineering costs as determined by the City Engineer. 4. The developer shall provide an escrow for the uncompleted grading of the site which is to be determined by the City Engineer or if the site grading is completed, a letter from the developer's engineer that lots are graded according to the approved grading plan. 5. The final plat shall not be signed by the Mayor and Clerk until there is an executed Development Contract & all associated fees, escrows and bonds have been paid. 6. Developer is responsible for obtaining all permits from U.S. Army Corps of Engineers, DNR, LGU, Coon Creek Watershed District, MPCA and any other agency that may be interested in the site. Adopted by the City Council of the City of Andover this 4th day of October, 2005. A aEST: . f-;;""" I//L- Victoria V oIk, City Clerk CITY OF ANDOVER ~ ./.<;7 /J 10// U"..4>> chael R. Gamache, Mayor CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 180-05 MOTION by Councilmember Trude to adopt the following: A RESOLUTION DECLARING COST, DIRECTING PREPARATION OF ASSESSMENT ROLL AND SCHEDULING PUBLIC HEARING FOR THE CERTIFICATION OF DELINQUENT UTILITY SERVICES CHARGES AND MOWING FEES THE CITY COUNCIL OF THE CITY OF ANDOVER HEREBY RESOLVES: WHEREAS, delinquent utility service charges and mowing fees in the amount of $24,916.28 exist as of September 28,2005; and WHEREAS, City Code Chapter 3, 10-3-3D; City Code Chapter 1, 10-1-9F; and City Code Chapter 5, 8-5-3D provide for the collection by assessment of unpaid water, sewer, storm sewer, street light service charges and mowing fees respectively. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF ANDOVER, MINNESOTA: 1. The amount of the cost to be assessed against benefited property owners is declared to be $24,916.28 plus an administrative fee of 15%. 2. Assessment shall be payable in equal annual installments extending over a period of 1 year. The first of the installments to be payable on or before the first Monday in January 2006, and shall bear interest at the rate of 8 percent per annum from the date of the adoption of the assessment resolution. 3. The City Clerk, with the assistance of the Finance Director shall forthwith calculate the proper amount to be assessed against every assessable lot, piece or parcel of land, without regard to cash valuation, as provided by law, and the Clerk shall file a copy of such proposed assessment in the Clerk's office for public inspection. 1. The Clerk shall, upon the completion of such proposed assessment, notify the Council thereof. BE IT FURTHER RESOLVED BY THE CITY COUNCIL; 1. A hearing shall be held the 1 st day of November, 2005 at the Andover City Hall at 7:00 P.M. to pass upon such proposed assessment and at such time and place all persons affected by such proposed assessment will be given an opportunity to be heard with reference to such assessment. 2. The City Clerk is hereby directed to cause a notice of hearing on the proposed assessment to be published once in the official newspaper at least two weeks prior to the hearing. 3. The owner of any property so assessed may at any time prior to certification of the assessment to the County Auditor, pay the whole assessment with no interest. MOTION seconded by Councilmember Knioht and adopted by the City Council at a regular meeting this 4th day of October, 2005, with Councilmembers Jacobson. Orne!. Knioht. Gamache. Trude voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. f1~ ()ib Victoria Volk - City Clerk ATTEST: . I CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 179-05 MOTION by Councilmember Trude to adopt the following: A RESOLUTION ACCEPTING FEASIBILITY STUDY AND WAIVING PUBLIC HEARING FOR THE IMPROVEMENT OF PROJECT NO. 05-53 FOR WATER MAIN IN THE FOLLOWING AREA OF 13788 QUINN STREET NW. WHEREAS, the City Council did on the 4th day of October ,2005, order the preparation of a feasibility study for the improvement; and WHEREAS, such feasibility study was prepared by City Enqineer presented to the Council on the 4th day of October , 2005 and ; 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 $ 3.466.48 . / NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby receive the feasibility report with an estimated total cost of improvements of $ 3.466.48 waive the Public Hearing and order improvements. MOTION seconded by Council member Kniqht and adopted by the City Council at a reqular meeting this 4th day of October, 2005 , with Council members Trude. Kniqht. Orttel. Gamache. Jacobson voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: I J.2;-~ a-a Victoria Volk - City Clerk , / CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 178-05 MOTION by Councilmember Trude to adopt the following: A RESOLUTION DECLARING ADEQUACY OF PETITION AND ORDERING PREPARATION OF A FEASIBILITY REPORT FOR THE IMPROVEMENT OF WATER MAIN ,PROJECT NO. 05-53, IN THE AREA OF 13788 QUINN STREET NW. WHEREAS. the City Council has received a petition, dated September 19. 2005 requesting the construction of improvements; and WHEREAS, such petition has been validated to represent the signatures of 100% of the affected property owners requesting such improvement. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover that: 1. , , / 2. 3. The petition is hereby declared to be 100% of owners of property affected, thereby making the petition unanimous. Escrow amount for feasibility report is 0 The proposed improvement is hereby referred to the City Enqineer and he is instructed to provide the City Council with a feasibility report. MOTION seconded by Councilmember City Council at a reqular meeting this 4th Kniqht and adopted by the day of October ,2005, with Councilmembers Trude. Kniqht. Orttel. Gamache. Jacobson voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: \ / /ljt~ 11& Victoria Volk - City Clerk . / CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 177-05 MOTION by Councilmember Trude to adopt the following: A RESOLUTION APPROVING CHANGE ORDER #~ TO PROJECT NO. 04-46. HANSON BOULEVARD TRAIL. WHEREAS, the City of Andover has a contract for Project No. 04-46 with Peterson Companies. Inc. of Chisaqo City. MN NOW THEREFORE, BE IT RESOLVED by the City Council of Andover to hereby approve the change order to Project No. 04-46. Adopted by the City Council of the City of Andover this October , 2005. 4th day of CITY OF ANDOVER ATTEST: ~~ O.;u Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA \ RES. NO. 176-05 MOTION by Councilmember Trude to adopt the following: A RESOLUTION FOR HEARING ON PROPOSED ASSESSMENT FOR THE IMPROVEMENT FOR PROJECT NO. 05-2. 2005 OVERLAYS IN THE AREA OF VALLEY VIEW ESTATES (8 LOTS) & THE NORTH PORTION OF VALLEY VIEW ESTATES 2ND ADDITION (14 LOTS) . WHEREAS, by a resolution passed by the City Council on September 20, 2005 ,the City Clerk was directed to prepare a proposed assessment of the cost of the improvement for Project No. 05-2, 2005 Overlays (Valley View Estates and the North Portion of Vallev View Estates 2nd Addition) . WHEREAS, the City Clerk has notified the Council that such proposed assessment has been completed and filed in her office for public inspection. " NOW, THEREFORE, BE IT RESOLVED by the City Council of Andover, Minnesota: 1. A hearing shall be held the 1 st day of November, 2005 ,in the City Hall at 7:00 PM to pass upon such proposed assessment and at such time and place all persons owning property affected by such improvements will be given an opportunity to be heard with reference to such assessment. 2. The City Clerk is hereby directed to cause a notice of the hearing on the proposed assessment to be published once in the official newspaper at least two weeks prior to the hearing, and she shall state in the notice the total cost of improvement. She shall also cause mailed notice to be giyen to the owner of each parcel described in the assessment roll not less than two weeks prior to the hearings. 3. The owner of any property so assessed may, at any time prior to certification of the assessment or the first installment thereof to the county auditor, pay the whole of the assessment on such property, with interest accrued to the date of payment, to the municipal treasurer, except that no interest shall be charged if the entire assessment is paid within 30 days from the adoption thereof; and, except as hereinafter provided, the owner may at any time prior to November 15 of any year, prepay to the treasurer of the municipality having levied said assessments, the whole assessment remaining due with interest accrued to December 31 of the year in which said prepayment is made. / MOTION seconded by Councilmember Kniqht and adopted by the City Council at a reqular meeting this ~ day of October ,2005, with Councilmembers Trude. Kniqht. Orttel, Gamache. Jacobson voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. d ,ru:U tJ/L Victoria Volk - City Clerk ATTEST: CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 175-05 MOTION by Council member Trude to adopt the following: A RESOLUTION DECLARING COST AND DIRECTING PREPARATION OF ASSESSMENT ROLL FOR THE IMPROVEMENT OF SANITARY SEWER & WATER MAIN, FOR PROJECT 04-34, WHISPERING ACRE. THE CITY COUNCIL OF THE CITY OF ANDOVER HEREBY RESOLVES: WHEREAS, the expenses incurred or to be incurred in the making of such improvement amount to $ 67.432.26 so that the total cost of the improvement will be $ 67.432.26 1. NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Andover, MN: The portion of the cost of such improvement to be paid by the City is hereby declared to be $ 0.00 the amount to be assessed against benefited property owners is declared to be $67.432.26 2. Assessments shall be payable in equal annual installments extending over a period of ~ years. The first of the installments to be payable on or before the 1 st Monday in January 2006 . and shall bear interest at the rate of 6 percent per annum from the date of the adoption of the assessment resolution. ) 3. The City Clerk, with the assistance of the City Engineer shall forthwith calculate the proper amount to be specially assessed for such improvement against every assessable lot, piece or parcel of land within the district affected. without regard to cash valuation, as provided by law, and she shall file a copy of such proposed assessment in her office for public inspection. 4. The Clerk shall, upon the completion of such proposed assessment, notify the Council thereof. MOTION seconded by Councilmember City Council at a reqular meeting this 4th Kniqht and adopted by the day of October ,2005, with Councilmembers Trude. Kniqht. Orttel. Gamache. Jacobson voting in favor of the resolution, and Councilmembers voting against, whereupon said resolution was declared passed. none CITY OF ANDOVER ATTEST: . / if '. '.' /1 .d/. ~~ Ut--t::/-/ Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 174-05 MOTION by Councilmember Trude to adopt the following: A RESOLUTION DECLARING COSTS AND DIRECTING PREPARATION OF ASSESSMENT ROll FOR THE IMPROVEMENT PROJECT NO. 04-32 FOR INTERSECTION IMPROVEMENTS IN THE FOllOWING AREA OF CROSSTOWN BOULEVARD NW & XEON STREET NW. THE CITY COUNCil OF THE CITY OF ANDOVER HEREBY RESOLVES: WHEREAS, a contract has been entered into for the construction of the improvements and the contract price for such improvement is $ 351.784.87 and the expenses incurred or to be incurred in the making of such improvement amount to $75.429.84, so that the total cost of the improvement will be $427,214.71 . NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Andover, MN: ) 1. The portion of the cost of such improvement to be paid by the City is hereby declared to be $233,521.86 the amount to be assessed against benefited property owners is declared to be $193,692.85 2. Such assessments shall be payable in semi-annual installments, together with principal and accrued interest, extending over a period of ~ years. The first of the installments to be payable on or before the 15th day of April 2006, and shall bear interest at the rate of--2.... percent per annum from the date of the adoption of the assessment resolution. 3. The City Clerk, with the assistance of the City Engineer shall forthwith calculate the proper amount to be specially assessed for such improvement against every assessable lot, piece or parcel of land within the district affected, without regard to cash valuation, as provided by law, and she shall file a copy of such proposed assessment in her office for public inspection. 4. The Clerk shall, upon the completion of such proposed assessment, notify the Council thereof. MOTION seconded by Councilmember Kniqht and adopted by the City Council at a reqular meeting this 4th day of October , 2005 , with Councilmembers Trude. Kniqht, Orttel, Gamache. Jacobson voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER a;x~ Lt/b Victoria Volk - City Clerk ATTEST: \ ; CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 173-05 MOTION by Councilmember Trude to adopt the following: A RESOLUTION APPROVING CHANGE ORDER #~ TO PROJECT NOS. 04-32 (CROSSTOWN BOULEVARD NW & XEON STREET NW) & 04-33 (CROSSTOWN BOULEVARD NW & 1591H AVENUE NW). WHEREAS, the City of Andover has a contract for Project Nos. 04-32 & 04- 33 with Bauerly Brothers. Inc. of Sauk Rapids. MN NOW THEREFORE, BE IT RESOLVED by the City Council of Andover to hereby approve the change order to Project Nos. 04-32 & 04-33. , Adopted by the City Council of the City of Andover this October , 2005. 4th day of J CITY OF ANDOVER ATTEST: f ~:.u Illb Victoria Volk - City Clerk / CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 172-05 MOTION by Council member Trude to adopt the following: A RESOLUTION APPROVING CHANGE ORDER #---1- TO PROJECT NOS. 04-32 (CROSSTOWN BOULEVARD NW & XEON STREET NW) & 04-33 (CROSSTOWN BOULEVARD NW & 1591H AVENUE NW). WHEREAS, the City of Andover has a contract for Project Nos. 04-32 & 04- 33 with Bauerly Brothers, Inc. of Sauk Rapids. MN NOW THEREFORE, BE IT RESOLVED by the City Council of Andover to hereby approve the change order to Project Nos. 04-32 & 04-33. \ J Adopted by the City Council of the City of Andover this October , 2005. 4th day of CITY OF ANDOVER ATTEST: !1.;t:~ (jib Victoria Volk - City Clerk \ / CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 171-05 MOTION by Councilmember Trude to adopt the following: A RESOLUTION ADOPTING THE ASSESSMENT ROLL FOR THE IMPROVEMENT OF WATER MAIN, PROJECT NO. 05-49. 14063 CROSSTOWN BOULEVARD NW. WHEREAS, the property owner has waived their right to a public hearing. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF ANDOVER, MINNESOTA: \ ) 1. Such proposed assessment, a copy of which is attached hereto and made part hereof, is hereby accepted and shall constitute the special assessment against the lands named therein, and each tract of land therein included is hereby found to be benefited by the proposed improvement in the amount of the assessment levied against it. 2. Such assessment shall be payable in equal annual installments, extending over a period of ~ years, the first of the installments to be payable on or before the 1 st Monday in January, 2006 and shall bear interest at a rate of 6 percent per annum from the date of the adoption of this assessment resolution. 3. The owner of any property so assessed may, at any time prior to certification of the assessment or the first installment thereof to the county auditor, pay the whole of the assessment on such property, with interest accrued to the date of payment, to the municipal treasurer, except that no interest shall be charged if the entire assessment is paid within 30 days from the adoption thereof; and, except as hereinafter provided, the owner may at any time prior to November 15 of any year, prepay to the treasurer of the municipality having levied said assessments, the whole assessment remaining due with interest accrued to December 31 of the year in which said prepayment is made. MOTION seconded by Councilmember Kniqht and adopted by the City Council at a reqular meeting this L day of October ,2005, with Councilmembers Trude. Kniqht. Orttel. Gamache. Jacobson voting in favor of the resolution, and Council members against, whereupon said resolution was declared passed. none voting CITY OF ANDOVER 11,;.;t;-~ (.fib Victoria Volk - City Clerk \ ATTEST: CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 170-05 MOTION by Councilmember Trude to adopt the following: A RESOLUTION DECLARING COST AND DIRECTING PREPARATION OF ASSESSMENT ROLL FOR THE IMPROVEMENT OF WATER MAIN, FOR PROJECT 05-49, 14063 CROSSTOWN BOULEVARD NW. THE CITY COUNCIL OF THE CITY OF ANDOVER HEREBY RESOLVES: , WHEREAS, the expenses incurred or to be incurred in the making of such improvement amount to $ 6.950.00 so that the total cost of the improvement will be $ 6.950.00 1. NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Andover, MN: The portion of the cost of such improvement to be paid by the City is hereby declared to be $ 0.00 the amount to be assessed against benefited property owners is declared to be $ 6.950.00 2. Assessments shall be payable in equal annual installments extending over a period of .Q.... years. The first of the installments to be payable on or before the 1 st Monday in January 2006 , and shall bear interest at the rate of 6 percent per annum from the date of the adoption of the assessment resolution. 3. The City Clerk, with the assistance of the City Engineer shall forthwith calculate the proper amount to be specially assessed for such improvement against every assessable lot, piece or parcel of land within the district affected, without regard to cash valuation, as provided by law, and she shall file a copy of such proposed assessment in her office for public inspection. 4. The Clerk shall, upon the completion of such proposed assessment, notify the Council thereof. MOTION seconded by Council member Kniqht and adopted by the City Council at a reqular meeting this 4th day of October ,2005, with Councilmembers Trude. Kniqht. Orttel. Gamache. Jacobson voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. J CITY OF ANDOVER ATTEST: tLt:AJ (/,.&. Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO R169-05 A RESOLUTION APPROVING THE PRELIMINARY PLAT AND AMENDED PLANNED UNIT DEVELOPMENT OF "GREY OAKS 2ND ADDmON" FOR ASHFORD DEVELOPMENT ON PROPERTY LOCATED IN SECTION 22, TOWNSHIP 32 RANGE 24 LEGALLY DESCRIBED AS: Lot 1, Block 2, Grey Oaks, Anoka County, Minnesota WHEREAS, the Andover Review Committee has reviewed the preliminary plat and proposed amendment to the Grey Oaks Planned Unit Development; and WHEREAS, pursuant to published and mailed notice thereof, the Planning Commission has conducted a public hearing on said plat, and; WHEREAS, as a result of such public hearing, the Planning Commission recommends to the City Council the approval of the plat, and; NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby agrees with the recommendation of the Planning Commission and approves the preliminary plat and amended planned unit development subject to the following conditions: 1. The Preliminary Plat shall conform to the plans revised August 16,2005 and stamped received by the City of Andover August 18, 2005 except so as to be revised to meet the conditions of this resolution. 2. The amended planned unit development shall conform to the standards of Exhibit A. 3. The developer obtains all necessary permits from the Coon Creek Watershed District, DNR, Corps of Engineers, LGU, MPCA, Anoka County Highway Department and any other agency that may be interested in the site. 4. The developer shall be responsible for the cost of construction of all improvements proposed as a part of the preliminary plat. 5. Contingent upon staffreview and approval for compliance with City ordinances, policies and guidelines. 6. Access to Lot 3 shall be restricted to 155th Lane only. 7. Such plat approval is contingent upon a development agreement acceptable to the City Attorney. A financial guarantee will be required as a part of this agreement to assure all of the subdivision improvements will be completed. 8. The plat shall meet all requirements of the R-4 Single Family Urban Residential Zoning District 9. Trees shall be planted along the south side of Lot 4, to be determined as to the number and location by the Natural Resource Technician. Adopted by the City Council of the City of Andover this 6th day of September, 2005. ATTEST: , CITY" OF ~Jl~,,..R//J ' {1x-~ ()./L/ h~....J'~2d Victoria V oIk, City Clerk Michael R. Gamaclle", Mayor , CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO R168-05 A RESOLUTION RESCINDING RESOLUTION R153-05 APPROVING THE PRELIMINARY PLAT AND AMENDED PLANNED UNIT DEVELOPMENT OF "GREY OAKS 2ND ADDITION" FOR ASHFORD DEVELOPMENT ON PROPERTY LOCATED IN SECTION 22, TOWNSHIP 32 RANGE 24 LEGALLY DESCRIBED AS: Lot 1, Block 2, Grey Oaks, Anoka County, Minnesota WHEREAS, the Andover Review Committee has reviewed the preliminary plat and proposed amendment to the Grey Oaks Planned Unit Development; and WHEREAS, pursuant to published and mailed notice thereof, the Planning Commission has conducted a public hearing on said plat, and; WHEREAS, as a result of such public hearing, the Planning Commission recommends to the City Council the approval of the plat, and; WHEREAS, the City Council approved the preliminary plat on September 6, 2005 with Resolution R153-05, and; WHEREAS, the applicant has requested that the City Council reconsider the preliminary plat, and; NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby rescinds Resolution R153-05 approving the preliminary plat of Grey Oaks 2nd Addition. Adopted by the City Council of the City of Andover this 6th day of September, 2005. A ll'EST: l!.,~~~ ()~ Victoria V oIk, City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RESOLUTION NO.167-05 RESOLUTION GIVING HOST APPROVAL TO THE ISSUANCE OF A REVENUE BOND TO FINANCE A PROJECT FOR THE YOUNG MEN'S CHRISTIAN ASSOCIATION OF METROPOLITAN MINNEAPOLIS AND LOCATED IN PART IN THE CITY OF ANDOVER., UNDER MINNESOTA STATUTES, SECTIONS 469.152 THROUGH 469.165, BE IT RESOLVED, by the City Council (the "Council") of the City of Andover, Minnesota (the "City") as follows: 1. Description of the Proiect. a. The Young Men's Christian Association of Metropolitan Minneapolis, a Minnesota corporation and an organization described in Section 501(c)(3) of the Internal Revenue Code of 1986, as amended (the "Corporation"), has proposed the issuance of a revenue bond under Minnesota Statutes, Sections 469.152 to 469.165, as amended (the "Act"), in an amount of approximately $5,000,000 (the "Bond"), to [mance various construction, renovation and equipment costs relating to a number of its administrative office, community program and health enhancement facilities located throughout the metropolitan area, including its facility located at 15200 Hanson Boulevard in the City. '. ) b. The Corporation has proposed that the Minneapolis Community Development Agency (the "Issuer") issue the Bond. 2. Costs of the City. The Corporation has agreed to pay any and all costs incurred by the City in connection with this Resolution and the issuance ofthe Bond, whether or not such issuance is carried to completion. 3. Public Hearing. a. As required by Section 147(t) of the Internal Revenue Code of 1986, as amended (the "Code"), a Notice of Public Hearing was published in the City's official newspaper at least 14 days prior to the date hereof, calling a public hearing on the proposed issuance of the Bond and the proposal to [mance the various facilities of the Corporation mentioned in the notice. b. On the date hereof, the Council has held a public hearing on the issuance of the Bond and the proposal to finance the Corporation's facilities, at which all those appearing who desired to speak were heard and written comments were accepted. , . J 4. Approval. The proposal to finance the Corporation's facilities as described above, and the issuance of the Bond by the Issuer, are hereby given approval by the City as required by the Code and by Minnesota Statutes, Section 471.656. 5. Limited Obligation. The Bond, when and if issued, shall not constitute a charge, lien or encumbrance, legal or equitable, upon any property of the City or the Issuer. The Bond, when and if issued, shall recite in substance that the Bond and the interest thereon, are payable solely from revenues received from the Corporation and property of the Corporation pledged for payment thereof, and shall not constitute a debt of the Issuer, the City, the State of Minnesota or any political subdivision thereof. Adopted by the City Council of the City of Andover, Minnesota, this 20th day of September, 2005. CITY OF ANDOVER Attest: ~ tJ,U, Victoria VoIk - City Clerk , / -2- . J CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 166-05 MOTION by Councilmember Jacobson to adopt the following: A RESOLUTION ORDERING PREPARATION OF PLANS AND SPECIFICATIONS FOR THE IMPROVEMENT OF PROJECT NO. 04-23A FOR HANSON BOULEVARD NW & 139TH AVENUE NW/SIGNAL SYSTEM. WHEREAS, the City Council is cognizant of the need for the signal system; and NOW, THEREFORE BE IT RESOLVED by the City Council to order plans and specifications for the improvement of Well #9, Project 04-23A; and BE IT FURTHER RESOLVED by the City Council to hereby direct SEH to prepare the plans and specifications for such improvement project. . J MOTION seconded by Councilmember Kniqht and adopted by the City Council at a reqular meeting this 20th day of September ,2005, with Councilmembers Jacobson. Kniqht. Orttel. Gamache. Trude voting in favor of the resolution, and Council members none voting against, whereupon said resolution was declared passed. ATTEST: CITY OF ANDOVER .---:z' ./ ~~~ Michael R. Gamache - Mayor LLtnA;,; ()j~ Victoria Volk - City Clerk , CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 165-05 MOTION by Council member Jacobson to adopt the following: A RESOLUTION ACCEPTING FEASIBILITY STUDY AND WAIVING PUBLIC HEARING FOR THE IMPROVEMENT OF PROJECT NO. 05-49 FOR WATER MAIN IN THE FOLLOWING AREA OF 14063 CROSSTOWN BOULEVARD NW. WHEREAS, the City Council did on the 20th day of September ,2005, order the preparation of a feasibility study for the improvement; and WHEREAS, such feasibility study was prepared by City Enqineer and presented to the Council on the 20th day of September ,2005; 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 $ 6.950.00 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby receive the feasibility report with an estimated total cost of improvements of $ 6,950.00 ,waive the Public Hearing and order improvements. MOTION seconded by Council member Kniqht and adopted by the City Council at a reqular meeting this 20th day of September, 2005 , with Councilmembers Jacobson, Kniqht. Orttel. Gamache, Trude voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: (~d;<:- (~;/L.. Victoria Volk - City Clerk / CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 164-05 MOTION by Councjlmember Jacobson to adopt the following: A RESOLUTION DECLARING ADEQUACY OF PETITION AND ORDERING PREPARATION OF A FEASIBILITY REPORT FOR THE IMPROVEMENT OF WATER MAIN ,PROJECT NO. 05-49, IN THE AREA OF 14063 CROSSTOWN BOULEVARD NW. WHEREAS, the City Council has received a petition, dated Auqust 31, 2005 requesting the construction of improvements; and WHEREAS, such petition has been validated to represent the signatures of 100% of the affected property owners requesting such improvement. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover that: 1. The petition is hereby declared to be 100% of owners of property affected, thereby making the petition unanimous. 2. Escrow amount for feasibility report is 0 3. The proposed improvement is hereby referred to the City Enqineer and he is instructed to provide the City Council with a feasibility report. MOTION seconded by Council member City Council at a reqular meeting this 20th Kniqht and adopted by the day of September ,2005, with Councilmembers Jacobson. Kniqht. Orttel. Gamache. Trude voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: dh:V tfd~ , / Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 163-05 MOTION by Councilmember Jacobson to adopt the following: A RESOLUTION ADOPTING THE ASSESSMENT ROLL FOR THE IMPROVEMENT OF WATER MAIN, PROJECT NO. 05-31.13511 ROUND LAKE BOULEVARD NW. WHEREAS, the property owner has waived their right to a public hearing. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF ANDOVER, MINNESOTA: 1. Such proposed assessment, a copy of which is attached hereto and made part hereof, is hereby accepted and shall constitute the special assessment against the lands named therein, and each tract of land therein included is hereby found to be benefited by the proposed improvement in the amount of the assessment levied against it. 2. Such assessment shall be payable in equal annual installments, extending over a period of ~ years, the first of the installments to be payable on or before the 1 st Monday in January, 2006 and shall bear interest at a rate of 6 percent per annum from the date of the adoption of this assessment resolution. 3. The owner of any property so assessed may, at any time prior to certification of the assessment or the first installment thereof to the county auditor, pay the whole of the assessment on such property, with interest accrued to the date of payment. to the municipal treasurer, except that no interest shall be charged if the entire assessment is paid within 30 days from the adoption thereof; and, except as hereinafter provided, the owner may at any time prior to November 15 of any year, prepay to the treasurer of the municipality having levied said assessments, the whole assessment remaining due with interest accrued to December 31 of the year in which said prepayment is made. MOTION seconded by Council member City Council at a reqular meeting this 20th Kniqht and adopted by the day of September ,2005, with Councilmembers Jacobson. Kniqht. Orttel. Gamache. Trude voting in favor of the resolution, and Councilmembers against, whereupon said resolution was declared passed. none voting CITY OF ANDOVER ATTEST: ~/,~ A ,/ _,;~A:~~ MiChael R. Gamache - Mayor ., ) a,~t~ ().(.b Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 162-05 MOTION by Council member Jacobson to adopt the following: A RESOLUTION ADOPTING THE ASSESSMENT ROLL FOR THE IMPROVEMENT OF SANITARY SEWER & WATER MAIN, PROJECT NO. 04-31, 1374 _138TH LANE NW. WHEREAS, the property owner has waived their right to a public hearing. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF ANDOVER, MINNESOTA: J 1. Such proposed assessment, a copy of which is attached hereto and made part hereof, is hereby accepted and shall constitute the special assessment against the lands named therein, and each tract of land therein included is hereby found to be benefited by the proposed improvement in the amount of the assessment levied against it. 2. Such assessment shall be payable in equal annual installments, extending over a period of J!..- years, the first of the installments to be payable on or before the 1 st Monday in January, 2006 and shall bear interest at a rate of 6 percent per annum from the date of the adoption of this assessment resolution. 3. The owner of any property so assessed may, at any time prior to certification of the assessment or the first installment thereof to the county auditor, pay the whole of the assessment on such property, with interest accrued to the date of payment, to the municipal treasurer, except that no interest shall be charged if the entire assessment is paid within 30 days from the adoption thereof; and, except as hereinafter provided, the owner may at any time prior to November 15 of any year, prepay to the treasurer of the municipality having levied said assessments, the whole assessment remaining due with interest accrued to December 31 of the year in which said prepayment is made. MOTION seconded by Council member City Council at a reqular meeting this 20th Kniqht and adopted by the day of September ,2005, with Councilmembers Jacobson, Kniqht. Orttel, Gamache. Trude voting in favor of the resolution, and Councilmembers against, whereupon said resolution was declared passed. none voting \ ) ATTEST: (L~~ (J,/L, Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 161-05 MOTION by Councilmember Jacobson to adopt the following: A RESOLUTION ADOPTING THE ASSESSMENT ROLL FOR THE IMPROVEMENT OF PROJECT NO. 04-13 FOR STREET. STORM SEWER & TRAIL/SIDEWALK CONSTRUCTION IN THE FOLLOWING AREA VETERANS MEMORIAL BOULEVARD NW THROUGH THE PROPOSED WOODLAND ESTATES 61H ADDITION. WHEREAS, the developer is in agreement with the assessments and has waived all rights to a hearing on this assessment pursuant to Minnesota Statutes Annotated, Chapter 429. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF ANDOVER, MINNESOTA: 1. Such proposed assessment, a copy of which is attached hereto and made part hereof, is hereby accepted and shall constitute the special assessment against the lands named therein, and each tract of land therein included is hereby found to be benefited by the . / proposed improvement in the amount of the assessment levied against it. 2. Such assessments shall be payable in semi-annual installments, together with principal and accrued interest, extending over a period of -1L years. The first of the installments to be payable on or before the 15th day of April 2006, and shall bear interest at the rate of 6 percent per annum from the date of the adoption of the assessment resolution. 3. The owners of any property so assessed may at any time pay the whole of the assessment on such property with interest accrued to the date of payment to the City Treasurer. MOTION seconded by Councilmember Kniqht and adopted by the City Council at a reqular meeting this 20th day of September ,2005 with Council members Jacobson, Kniqht. Orttel. Gamache. Trude voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: ~'-~A- /" /,..'-'/ ./ i. /..............-..... Micnael R. Gamache-::'Mayor ( " tr.~~ Il/b Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 160-05 MOTION by Council member Jacobson to adopt the following: A RESOLUTION DECLARING COST AND DIRECTING PREPARATION OF ASSESSMENT ROLL FOR THE IMPROVEMENT OF PROJECT 05-2. 2005 OVERLAYS IN THE AREA OF VALLEY VIEW ESTATES (8 LOTS) & THE NORTH PORTION OF VALLEY VIEW ESTATES 2NLJ ADDITION (14 LOTS) .THE CITY COUNCIL OF THE CITY OF ANDOVER HEREBY RESOLVES: J WHEREAS, the final contract cost for the improvement amounts to $593.137.18 , the expenses incurred or to be incurred in the making of such improvement amount to $ 68.122.93 so that the total project cost of the improvement will be $ 661.260.11 1. NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Andover, MN: The portion of the cost of such improvement to be paid by the City is hereby declared to be $ 610.289.23 the amount to be assessed against benefited property owners is declared to be $50.970.88. Valley View Estates (8 lots) & North Portion of Valley View Estates 2nd Addition (14 lots) $2.316.86/lot 2. Assessments shall be payable in equal annual installments extending over a period of ..Q... years. The first of the installments to be payable on or before the 1 st Monday in January 2006 ,and shall bear interest at the rate of 6 percent per annum from the date of the adoption of the assessment resolution. 3. The City Clerk, with the assistance of the City Engineer shall forthwith calculate the proper amount to be specially assessed for such improvement against every assessable lot, piece or parcel of land within the district affected, without regard to cash valuation, as provided by law, and she shall file a copy of such proposed assessment in her office for public inspection. 4. The Clerk shall, upon the completion of such proposed assessment, notify the Council thereof. MOTION seconded by Council member City Council at a reqular meeting this 20th Kniqht and adopted by the day of September, 2005, with Councilmembers Jacobson. Kniqht. Orttel. Gamache. Trude favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ~ voting in ATTEST: /L .~;J (j,lt0 Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 159-05 MOTION by Councilmember Jacobson to adopt the following: A RESOLUTION DECLARING COST AND DIRECTING PREPARATION OF ASSESSMENT ROLL FOR THE IMPROVEMENT OF SANITARY SEWER & WATER MAIN, FOR PROJECT 05-48, 709 _140TH LANE NW. THE CITY COUNCIL OF THE CITY OF ANDOVER HEREBY RESOLVES: -' WHEREAS, the expenses incurred or to be incurred in the making of such improvement amount to $ 12.447.04 so that the total cost of the improvement will be $ 12.447.04 1. NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Andover, MN: The portion of the cost of such improvement to be paid by the City is hereby declared to be $ 0.00 the amount to be assessed against benefited property owners is declared to be $ 12.447.04 2. Assessments shall be payable in equal annual installments extending over a period of ~ years. The first of the installments to be payable on or before the 1 st Monday in January 2006 ,and shall bear interest at the rate of 6 percent per annum from the date of the adoption of the assessment resolution. 3. The City Clerk, with the assistance of the City Engineer shall forthwith calculate the proper amount to be specially assessed for such improvement against every assessable lot, piece or parcel of land within the district affected, without regard to cash valuation, as provided by law, and she shall file a copy of such proposed assessment in her office for public inspection. 4. The Clerk shall, upon the completion of such proposed assessment, notify the Council thereof. MOTION seconded by Councilmember Kniqht and adopted by the City Council at a reqular meeting this 20th day of September ,2005, with Councilmembers Jacobson. Kniqht. Orttel. Gamache. Trude voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: \ , / LL~1~ t~.t0 Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 158-05 MOTION by Councilmember Jacobson to adopt the following: A RESOLUTION DECLARING COST AND DIRECTING PREPARATION OF ASSESSMENT ROLL FOR THE IMPROVEMENT OF SANITARY SEWER & WATER MAIN, FOR PROJECT 05-47, 665 _140TH LANE NW. THE CITY COUNCIL OF THE CITY OF ANDOVER HEREBY RESOLVES: WHEREAS, the expenses incurred or to be incurred in the making of such improvement amount to $ 13,055.46 so that the total cost of the improvement will be $ 13,055.46 1. NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Andover, MN: The portion of the cost of such improvement to be paid by the City is hereby declared to be $ 0.00 the amount to be assessed against benefited property owners is declared to be $ 13,055.46 2. Assessments shall be payable in equal annual installments extending over a period of ..Q.... years. The first of the installments to be payable on or before the 1 st Monday in January 2006 ,and shall bear interest at the rate of 6 percent per annum from the date of the adoption of the assessment resolution. / 3. The City Clerk, with the assistance of the City Engineer shall forthwith calculate the proper amount to be specially assessed for such improvement against every assessable lot, piece or parcel of land within the district affected, without regard to cash valuation, as provided by law, and she shall file a copy of such proposed assessment in her office for public inspection. 4. The Clerk shall, upon the completion of such proposed assessment, notify the Council thereof. MOTION seconded by Councilmember Kniqht and adopted by the City Council at a reqular meeting this 20th day of September ,2005, with Councilmembers Jacobson, Kniqht. Orttel. Gamache, Trude voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. ATTEST: CITY OF ANDOVER ~. ('///1,~ ~~.,/,('~~G , MichaelR. Gamache - Mayor (" J tl;,;t;?;.tJ O,d; Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R157-05 A RESOLUTION UPDATING CERTIFIED BONDED INDEBTEDNESS FOR 2006. WHEREAS, the preparation and adoption of budgets is recognized as sound [mancial practice; and WHEREAS, the City of Andover has the responsibility to appropriately and efficiently manage the public's funds; and WHEREAS, the City of Andover has determined that it is prudent to update certified bonded indebtedness levies for 2006; and WHEREAS, the Anoka County Property Records and Taxation Division is requiring a City Council resolution updating bonded indebtedness levies that would have been certified Anoka County as part of prior year bond sales. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Andover hereby updates all or a portion of previously certified bonded indebtedness levies for 2006 as listed on Attachment A. Adopted by the City of Andover this 6th day of September 2005. ) A TrEST: 1l.izu'J<J (),a Victoria Volk - City Clerk J -TATE OF 11INNESOTA) i COUNTYOFANOKA ) CITY OF ANDOVER ) I, the undersigned, being the duly qualified and acting City Clerk of the City of Andover, Minnesota, do hereby certify that I have carefully compared the attached Resolution No. R157-05 adopting the City of Andover updates of all or a portion of previously certified bonded indebtedness levies for 2006 with the original record thereof preserved in my office, and have found the same to be true and correct transcript of the whole thereof. IN TESTIMONY WHEREOF, I have hereunto subscribed my hand this 6th day of September 2005. IU;~J !J~ Victoria V oIk - City Clerk \ ) CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R156-05 A RESOLUTION ADOPTlNG THE CITY OF ANDOVER 2006 PROPOSED PROPERTY TAX LEVY TO BE CERTIFIED TO THE COUNTY AUDITOR. WHEREAS, the preparation and adoption of operating budgets is recognized as sound financial practice; and WHEREAS, the City of Andover receives significant financial support from its residents through the payment of property taxes; and WHEREAS, the City of Andover has the responsibility to appropriately and efficiently manage the public's funds; and WHEREAS, Minnesota State Law requires the City to certify to the County Auditor a proposed tax levy and budget prior to September 15,2005. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Andover hereby adopts the proposed 2006 property tax levy totaling $8,550,919 as listed on Attachment A. Adopted by the City of Andover this 6th day of September 2005. CITY OF ANDOVER ATTEST: IJ.~ (),a Victoria Volk - City Clerk J , / STATE OF MINNESOTA) COUNTY OF ANOKA ) CITY OF ANDOVER ) I, the undersigned, being the duly qualified and acting City Clerk of the City of Andover, Minnesota, do hereby certify that I have carefully compared the attached Resolution No. 156-05 adopting the 2006 Proposed Property Tax Levy with the original record thereof preserved in my office, and have found the same to be true and correct transcript of the whole thereof. IN TESTIMONY WHEREOF, I have hereunto subscribed my hand this 6th day of September 2005. / tl4.--i.,JUd Victoria V olk - City Clerk , ./ CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RESOLUTION NO. 155-05 A RESOLUTION APPROVING A PREMISES PERMIT FOR THE ANDOVER HUSKIES YOUTH HOCKEY ASSOCIATION TO CONDUCT LAWFUL GAMBLING AT ANDOVER LANES, 13633 MARTIN STREET NW, ANDOVER, MN. WHEREAS, the Andover Huskies Youth Hockey Association has submitted an application to the City of Andover for a premises permit to operate lawful gambling at Andover Lanes, 13633 Martin Street, Andover, MN; and WHEREAS, per Minnesota Gambling Control requirements, a resolution must be adopted by City Council within 60 days ofreceipt ofthe application. NOW, THEREFORE, BE IT RESOLVED by the City Council of Andover, Anoka County, Minnesota, that a premises permit for lawful gambling conducted by the Andover Huskies Youth Hockey Association is hereby approved. Adopted by the City Council of the City of Andover this 6th day of September, 2005. Il~~ () rib Victoria Volk-City Clerk CITY. OF ANP~, ~- ~ ( ./ 7~:''1 ~ .;;-/.'- ,rMichael R. Gamache - Mayor Attest: CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R154-05 A RESOLUTION AMENDING THE COMPREHENSIVE LAND USE PLAN OF THE CITY OF ANDOVER TO REMOVE THE WORDS LIGHT INDUSTRIAL FROM THE TRANSITIONAL COMMERCIAL/LIGHT INDUSTRIAL LAND USE DISTRICT WHEREAS, the City Council has asked the Planning Commission to evaluate the Transitional Commercial/Light Industrial land use designation of the Comprehensive Plan, and; WHEREAS, the Planning Commission has reviewed the Transitional Commercial/Light Industrial Land Use District and held a public hearing pursuant to state statutes, and; WHEREAS, the Planning and Commission recommends to the City Council that no change to the Transitional Commercial/Light Industrial land use designation be made at this time, and; WHEREAS, the City Council has received the recommendation of the Planning Commission, and; , / NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover has reviewed the recommendation of the Planning Commission and adopts the following amendment to the Comprehensive Plan, subject to review by the Metropolitan Council: I, Remove the words' Light Industrial' from the Transitional Commercial/Light Industrial Land Use District. 2. Subject to review and approval by the Metropolitan Council. Adopted by the City Council ofthe City of Andover on this 6th day of September, 2005. CITY OF ANDOVER ATTEST: tir~ (),/;Z Victoria V olk, City Clerk , ) CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA J RES. NO R153-05 A RESOLUTION APPROVING THE PRELIMINARY PLAT AND AMENDED PLANNED UNIT DEVELOPMENT OF "GREY OAKS 2ND ADDITION" FOR ASHFORD DEVELOPMENT ON PROPERTY LOCATED IN SECTION 22, TOWNSHIP 32 RANGE 24 LEGALLY DESCRIBED AS: Lot I, Block 2, Grey Oaks, Anoka County, Minnesota. WHEREAS, the Andover Review Committee has reviewed the preliminary plat and proposed amendment to the Grey Oaks Planned Unit Development; and WHEREAS, pursuant to published and mailed notice thereof, the Planning Commission has conducted a public hearing on said plat, and; WHEREAS, as a result of such public hearing, the Planning Commission recommends to the City Council the approval of the plat, and; J NOW, THEREFORE, BE IT RESOLVED, that the City Council ofthe City of Andover hereby agrees with the recommendation of the Planning Commission and approves the preliminary plat and amended planned unit development subject to the following conditions: I. The Preliminary Plat shall conform to the plans revised August 16, 2005 and stamped received by the City of Andover August 18, 2005 except so as to be revised to meet the conditions of this resolution. 2. The amended planned unit development shall conform to the standards of Exhibit A. 3. The developer obtains all necessary permits from the Coon Creek Watershed District, DNR, Corps of Engineers, LGU, MPCA, Anoka County Highway Department and any other agency that may be interested in the site. 4. The developer shall be responsible for the cost of construction of all improvements proposed as a part of the preliminary plat. 5. Contingent upon staff review and approval for compliance with City ordinances, policies and guidelines. 6. Access to Lot 3 shall be restricted to 155th Lane only. 7. The building pad for Lot 4 shall be moved to the north to allow room for the sewer line to be moved north. 8. The sanitary sewer for the development shall be moved north on Lot 4 to save as many trees as possible along the south lot line. 9. Such plat approval is contingent upon a development agreement acceptable to the City Attorney. A financial guarantee will be required as a part of this agreement to assure all of the subdivision improvements will be completed. Adopted by the City Council of the City of Andover this 6th day of September, 2005. ATTEST: , CITY OF DO ER........- t.Liz~~ I)/L ~~t:- Victoria V olk, City Clerk amache, Mayor '\ I Exhibit A Grey Oaks 2nd Addition Preliminary Plat Resolution Amended Planned Unit Development The following standards shall apply to Grey Oaks 2nd Addition: Standard Proposed Plat Minimum Lot area 11,400 square feet Minimum Lot Width 80 feet Minimum Lot Depth 130 feet Front Yard Setback 35 feet Side Yard Setback 10 feet (6 feet for garage) Rear Yard Setback 30 feet \ / / CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R152-05 A RESOLUTION APPROVING A VARIANCE TO REDUCE THE SIDE YARD SETBACK FROM 35 FEET TO 29 FEET FOR PROPERTY LOCATED AT 1546l MARTIN STREET NW LEGALLY DESCRIBED AS: Lot 1, Block 5 Fox Hollow, Anoka County, Minnesota WHEREAS, the Planning Commission has reviewed the request to vary from City Code 12-3-4 to reduce the side yard setback for the subject property from 35 feet to 29 feet, and; , WHEREAS, the applicant has provided the following findings for the Planning Commission to consider: I. The existing house and two stall garage predate the surrounding development. An irregular lot was created when the surrounding neighborhood was approved. The house sits more than 120 feet back from the front property line yet only 35 feet from the rear property line which limits the area for a garage to be located. 2. There is a substantial curve in the street along the side of the property influencing the building setback line and causing the front comer of the proposed garage to encroach into the side yard setback. 3. Comer lots have either a 25 foot or 35 foot side yard setback. The 35 foot setback is intended to keep sides of homes and garages on comer lots in line with the front of adjacent homes that face the same street. The substantial curve ofthe street and the different orientations of the houses eliminate this possibility. 4. The distance from the closest comer of the proposed garage to the curb would be greater than 40 feet. WHEREAS, after review the Planning Commission found that the surrounding property was platted after the home was constructed and the installation of streets and resulting orientation of lots created the greater setback requirement and significantly reduced the area in which the proposed addition could be constructed. As a result, the Planning Commission determined that the request satisfies the criteria for a hardship and recommended approval ofthe request, and; WHEREAS, City Council has received the recommendation of the Planning Commission, and; NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover approves the proposed variance request to reduce the side yard setback for the subject property from 35 feet to 29 feet. Adopted by the City Council of the City of Andover on this 6th day of September, 2005. CITY OF ANDOVER e/(~ ATTEST: {Liz:,;,...; I),./,b Victoria V olk, City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 151-05 MOTION by Councilmember Orttel to adopt the following: A RESOLUTION DECLARING COST AND DIRECTING PREPARATION OF ASSESSMENT ROLL FOR THE IMPROVEMENT OF WATER MAIN ,FOR PROJECT 05-31, 13511 ROUND LAKE BOULEVARD NW. THE CITY COUNCIL OF THE CITY OF ANDOVER HEREBY RESOLVES: WHEREAS, the expenses incurred or to be incurred in the making of such improvement amount to $ 4.484.04 so that the total cost of the improvement will be $ 4.484.04 1. NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Andover, MN: The portion of the cost of such improvement to be paid by the City is hereby declared to be $ 0.00 the amount to be assessed against benefited property owners is declared to be $ 4.484.04 2. Assessments shall be payable in equal annual installments extending over a period of .Q... years. The first of the installments to be payable on or before the 1 st Monday in January 2006 ,and shall bear interest at the rate of 6 percent per annum from the date of the adoption of the assessment resolution. 3. The City Clerk, with the assistance of the City Engineer shall forthwith calculate the proper amount to be specially assessed for such improvement against every assessable lot, piece or parcel of land within the district affected, without regard to cash valuation, as provided by law, and she shall file a copy of such proposed assessment in her office for public inspection. 4. The Clerk shall, upon the completion of such proposed assessment, notify the Council thereof. MOTION seconded by Councilmember City Council at a reqular meeting this 6th Kniqht and adopted by the day of September ,2005, with Councilmembers Trude. Kniqht. Orttel. Gamache. Jacobson voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: ILk:.v li~ Victoria Volk - City Clerk . , CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R150-05 MOTION by Councilmember Trude to adopt the following: A RESOLUTION ACCEPTING A DONATION MADE TO THE CITY OF ANDOVER TOWARDS THE PURCHASE OF TWO FU\GPOLES FOR THE ANDOVERlYMCA COMMUNITY CENTER PROJECT. WHEREAS, any donations that are to be made to the City of Andover must be accepted by the City Council; and WHEREAS, the donation from the Andover Lions of $1,500 is to be used towards the purchase of two flagpoles for the AndoverlYMCA Community Center Project. NOW, THEREFORE BE IT RESOLVED by the City Council to hereby accept the donation, which is to be used towards the AndoverlYMCA Community Center Project. MOTION seconded by Councilmember Kniqht and adopted by the City Council at a regular meeting this 6th day of September 2005, with Councilmembers Jacobson. Kniqht. Orttel. Gamache. Trude voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: ~~~d~ ~ /Michael R. Gamache - Mayor U~O& Victoria Volk - City Clerk J CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 149-05 MOTION by Council member Trude to adopt the following: A RESOLUTION DECLARING COST AND DIRECTING PREPARATION OF ASSESSMENT ROLL FOR THE IMPROVEMENT OF SANITARY SEWER & WATERMAIN ,FORPROJECT 04-31, 1374-1481H LANE NW. THE CITY COUNCIL OF THE CITY OF ANDOVER HEREBY RESOLVES: WHEREAS, the expenses incurred or to be incurred in the making of such improvement amount to $ 36.000.00 so that the total cost of the improvement will be $36.000.00 . 1. NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Andover, MN: The portion of the cost of such improvement to be paid by the City is hereby declared to be $ 0.00 the amount to be assessed against benefited property owners is declared to be $36.000.00 2. Assessments shall be payable in equal annual installments extending over a period of JL years. The first of the installments to be payable on or before the 1 st Monday in January 2006 ,and shall bear interest at the rate of 6 percent per annum from the date of the adoption of the assessment resolution. / 3. The City Clerk, with the assistance of the City Engineer shall forthwith calculate the proper amount to be specially assessed for such improvement against every assessable lot, piece or parcel of land within the district affected, without regard to cash valuation, as provided by law, and she shall file a copy of such proposed assessment in her office for public inspection. 4. The Clerk shall, upon the completion of such proposed assessment. notify the Council thereof. MOTION seconded by Council member Kniqht and adopted by the City Council at a reqular meeting this 6th day of September ,2005, with Councilmembers Trude. Kniqht. Orttel. Gamache. Jacobson voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: J tLrw ()~ Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 148-05 MOTION by Councilmember Trude to adopt the following: 02-20 ,2981 -164th A RESOLUTION TERMINATING PROJECT NO. Avenue NW. WHEREAS, the City Council had previously approved Project 02-20 storm sewer; and WHEREAS, the property owner has been notified that the project will be terminated. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby terminate Project 02-20, storm sewer at 2981 - 164th Avenue NW. MOTION seconded by Councilmember Kniqht and adopted by the City Council at a reqular meeting this 6th day of September ,2005, with Councilmembers Trude. Kniqht. Orttel. Gamache. Jacobson voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: {!_~~ t/4 Victoria Volk - City Clerk J ) CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 147-05 MOTION by Councilmember Trude to adopt the following: A RESOLUTION DECLARING COSTS AND DIRECTING PREPARATION OF ASSESSMENT ROLL FOR THE IMPROVEMENT PROJECT NO. 04-13 FOR STREET. STORM SEWER & TRAIL/SIDEWALK CONSTRUCTION IN THE FOLLOWING AREA OF VETERANS MEMORIAL BOULEVARD NW THROUGH THE PROPOSED WOODLAND ESTATES 6TH ADDITION. THE CITY COUNCIL OF THE CITY OF ANDOVER HEREBY RESOLVES: WHEREAS, a contract has been entered into for the construction of the improvements and the contract price for such improvement is $164,724.81 plus $5.900.00 for seal coat, and the expenses incurred or to be incurred in the making of such improvement amount to $58.136.45 and charges previously assessed in the amount of $0.00 , so that the total cost of the improvement will be $228.761.26 . NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Andover, MN: 1. The portion of the cost of such improvement to be paid by the City is hereby declared to be $4.803.70 the amount to be assessed against benefited property owners is declared to be $223.957.56 . 2. Such assessments shall be payable in semi-annual installments, together with principal and accrued interest, extending over a period of!! years. The first of the installments to be payable on or before the 15th day of April 2006, and shall bear interest at the rate of-2.... percent per annum from the date of the adoption of the assessment resolution. 3. The City Clerk, with the assistance of the City Engineer shall forthwith calculate the proper amount to be specially assessed for such improvement against every assessable lot, piece or parcel of land within the district affected, without regard to cash valuation, as provided by law, and she shall file a copy of such proposed assessment in her office for public inspection. 4. The Clerk shall, upon the completion of such proposed assessment, notify the Council thereof. MOTION seconded by Councilmember Kniqht and adopted by the City Council at a reqular meeting this 6th day of September , 2005 , with Councilmembers Trude, Kniqht. OrUel. Gamache. Jacobson voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: / ilz-~ (),/L Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 146-05 MOTION by Councilmember Trude to adopt the following: A RESOLUTION ACCEPTING FEASIBILITY STUDY AND WAIVING PUBLIC HEARING FOR THE IMPROVEMENT OF PROJECT NO. 05-48 FOR_ SANITARY SEWER & WATER MAIN IN THE FOLLOWING AREA OF 709- 140lH LANE NW. WHEREAS, the City Council did on the 16th day of Auqust , 2005, order the preparation of a feasibility study for the improvement; and WHEREAS, such feasibility study was prepared by City Enqineer and presented to the Council on the 6th day of September , 2005 ; 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 $ 12.447.04 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby receive the feasibility report with an estimated total cost of improvements of $ 12.447.04 ,waive the Public Hearing and order improvements. MOTION seconded by Councilmember Kniqht and adopted by the City Council at a reqular meeting this 6th day of September, 2005 , with Councilmembers Trude. Kniqht. Orttel. Gamache. Jacobson voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: !J. ,Z-';"J ()ffi Victoria Volk - City Clerk J CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 145-05 MOTION by Council member Trude to adopt the following: A RESOLUTION ACCEPTING FEASIBILITY STUDY AND WAIVING PUBLIC HEARING FOR THE IMPROVEMENT OF PROJECT NO. 05-47 FOR_ SANITARY SEWER & WATER MAIN IN THE FOLLOWING AREA OF 665- 140lH LANE NW. WHEREAS, the City Council did on the 16th day of Auqust , 2005, order the preparation of a feasibility study for the improvement; and WHEREAS, such feasibility study was prepared by City Enqineer and presented to the Council on the 6th day of Seotember , 2005 ; 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 $ 13.055.46 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby receive the feasibility report with an estimated total cost of improvements of $ 13.055.46 ,waive the Public Hearing and order improvements. MOTION seconded by Councilmember Kniqht and adopted by the City Council at a reqular meeting this 6th day of Seotember, 2005 , with Councilmembers Trude. Kniqht. Orttel. Gamache. Jacobson voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: tl.v-c-~ ()0 Victoria Volk - City Clerk , } CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 144-05 A RESOLUTION DESIGNATING NO PARKING ALONG BOTH SIDES OF RAVEN STREET NW BETWEEN 149TH AVENUE NW & 150TH AVENUE NW. WHEREAS, the no parking zone is to be located on both sides of Raven Street NW between 149th Avenue NW and 150lh Avenue NW between the hours of 7:45 a.m.-2:30 p.m., during school days. WHEREAS. the City Council is cognizant of the public nuisance, traffic layout and congestion in the area; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to designate the no parking zone. Adopted by the City Council of the City of Andover this 16th 2005. day of Auqust ATTEST: ~~.l Kenneth D. Orttel - Acting Mayor ~!)& Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RESOLUTION R143-05 RESOLUTION BY THE CITY OF ANDOVER PROMOTING THE USE OF INTRASTATE MUTUAL-AID AGREEMENTS WHEREAS, Chapter 12, Section 12.331 allows for Intrastate Mutual Aid, and direct, timely assistance between jurisdictions is critical; and WHEREAS, the possibility of the occurrence of natural and other disasters of major size and destructiveness exists and is increasing; and WHEREAS, there is a need to ensure that preparations of the City of Andover will be adequate to deal with disasters; generally protect the public peace, health, and safety; and preserve the lives and property of the people of the state; and J WHEREAS, it is necessary to provide for the rendering of mutual aid among the political subdivisions of the state and to cooperate with the federal government with respect to carrying out emergency management functions; and , WHEREAS, it is the policy of Minnesota that all emergency response functions of this state be coordinated to the maximum extent with the comparable functions of the state government, including its various departments and agencies, of other states and localities, and of private agencies of every type, to the end that the most effective preparations and uses may be made of the state's labor supply, resources, and facilities for dealing with any disaster that may occur; and WHEREAS, the director of each local organization for emergency management may, in collaboration with other public and private agencies within this state, develop or cause to be developed mutual-aid arrangements for reciprocal emergency management aid and assistance in an emergency or disaster too great to be dealt with unassisted. These arrangements must be consistent with the local emergency operations plan and, in time of emergency, each local organization for emergency management and its members shall render assistance in accordance with the provisions of the mutual-aid arrangements; and , i / NOW, THEREFORE, be it resolved that City of Andover promotes the efficiency and effectiveness of intrastate mutual aid by designating the City Administrator or his or her designee, who, exercising discretion and considering the needs of the political subdivision and its inhabitants, to dispatch equipment and personnel as considered necessary if a danger of fire, hazard, casualty, or another similar occurrence exists 8/17/2005 MUTUAL AID RESOLUTION.doc outside the political subdivision and by its suddenness it would be impractical for the governing body of City of Andover itself to authorize the dispatch of equipment and personnel to combat that emergency or disaster. Adopted by the City Council of the City of Andover this 16th day of Auqust , 2005. /L;t,~./ aa Victoria Volk, City Clerk CITYts:~,~ ( Kenneth D. Orttel, Ac Ing Mayor Attest: , / 8/17/2005 MUTUAL AID RESOLUTION.doc CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RESOLUTION R 142-05 Designation of the National Incident Management System (NIMS) as the Basis for all Incident Management in the City of Andover WHEREAS, the President of the United States of America issued Homeland Security Presidential Directive 5 to enhance the ability of the United States to manage domestic incidents by establishing a single, comprehensive National Incident Management System (NIMS); and WHEREAS, the President, in Homeland Security Presidential Directive 5, tasked the secretary of the U.S. Department of Homeland Security to develop and administer a National Incident Management System; and WHEREAS, the secretary of the U.S. Department of Homeland Security developed and administered the National Incident Management System (NIMS) to provide for interoperability and compatibility among federal, state, and local capabilities, the NIMS will include: a core set of concepts, principles, terminology, and technologies covering the incident command system; multi-agency coordination systems; unified command; training; identification and management of resources (including systems for classifying types of resources); qualifications and certification; and the collection, tracking, and reporting of incident information and incident resources; and WHEREAS, Minnesota Governor Tim Pawlenty issued Executive Order 05-02: designation of the National Incident Management System (NIMS) as the basis for all Incident Management in the State of Minnesota; and WHEREAS, the collective input and guidance from all federal, state, local, and tribal homeland security partners has been, and will continue to be, vital to the development, effective implementation, and utilization of a comprehensive NIMS; and WHEREAS, it is necessary and desirable that all City of Andover agencies and personnel coordinate their efforts to effectively and efficiently provide the highest levels of incident management; and WHEREAS, the NIMS standardized procedures for managing personnel, communications, facilities, and resources will improve the ability of the City of Andover to utilize federal funding to enhance local and state agency readiness, maintain first responder safety, and streamline incident management processes; and ,/ WHEREAS, the Incident Command System components of the NIMS are already an integral part of various incident management activities throughout the City of Andover, including current emergency management training programs; and 8/17/2005 NIMS Resolution.doc WHEREAS, the National Commission on Terrorist Attacks (9-11 Commission) recommended adoption of a standardized Incident Command System; and NOW, THEREFORE, the City Council of the City of Andover does hereby establish the National Incident Management System (NIMS) as the City of Andover standard for incident management. ' Adopted by the City Council of the City of Andover this 16th day of Auqust, 2005. ~ a./b Victoria Volk, City Clerk CllY,OFANDOVD ( ~ ~\ Kenr1eth D. Orttel, Acting Mayor Attest: 8/17/2005 NIMS Resolution.doc CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RESOLUTION NO.141- 05 A RESOLUTION APPROVING RENEWAL OF A PREMISES PERMIT FOR THE ANDOVER BASEBALL ASSOCIATION TO CONDUCT A PULL-TAB OPERATION AT TANNER'S STEAKHOUSE. WHEREAS, the Andover Baseball Association has submitted an application to the City of Andover for a premises permit to operate a charitable gambling operation at Tanner's Steakhouse, 13655 Martin Street NW; and WHEREAS, per Minnesota Gambling Control Board requirements, a resolution must be adopted by City Council within 60 days of receipt of the application. ) NOW, THEREFORE, BE IT RESOLVED by the City Council of Andover, Anoka County, Minnesota, that a premises permit for charitable gambling for the Andover Baseball Association is hereby approved subject to the terms outlined in City Code, Chapter 3. Adopted by the City Council of the City of Andover this 16th day of August. 2005. Attest: a,~a& Victoria Yolk-City Clerk \ J CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 140-05 MOTION by Councilmember Jacobson to adopt the following: A RESOLUTION APPROVING CHANGE ORDER #~ TO PROJECT NO. 04-52A. WELL #9fTRANSMISSION LINE. WHEREAS, the City of Andover has a contract for Project No. 04-52A with Volk Sewer & Water of Andover. MN NOW THEREFORE, BE IT RESOLVED by the City Council of Andover to hereby approve the change order to Project No. 04-52A. / Adopted by the City Council of the City of Andover this Auqust , 2005. 16th day of ATTEST: CITY OF ANDOVER Ke"&~Q\~1 I1L~ ()./L; Victoria Volk - City Clerk . , . / CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 139-05 MOTION by Councilmember Jacobson to adopt the following: A RESOLUTION APPROVING CHANGE ORDER #....1- TO PROJECT NO. 02-33. ANDOVER STATION NORTH. WHEREAS, the City of Andover has a contract for Project No. 02-33 with North Pine AQQreqate. Inc. of Forest Lake. MN NOW THEREFORE, BE IT RESOLVED by the City Council of Andover to hereby approve the change order to Project No. 02-33. Adopted by the City Council of the City of Andover this AUQust . 2005. 16th day of ATTEST: CITY OF ANDOVER \ (~Ek Kenneth D. Ortlel - Acting Mayor (L;t;:~ /).a Victoria Volk - City Clerk J CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 138-05 MOTION by Councilmember Jacobson to adopt the following: A RESOLUTION APPROVING FINAL PLANS AND SPECIFICATIONS FOR THE IMPROVEMENT OF STREETS SERVING ANDOVER STATION NORTH LOTS 2-5. BLOCK 3. PROJECT NO. 05-39 WHEREAS. pursuant to Resolution No. 122-05 , adopted by the City Council on the 5th day of July . 2005 . the City Enqineer has prepared final plans and specifications for Project 05-39 for Andover Station North Lots 2-5. Block 3 . WHEREAS. such final plans and specifications were presented to the City Council for their review on the 16th day of Auoust , 2005 . 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 Knioht and adopted by the City Council at a reqular meeting this 16th day of Auoust , 2005 . with Councilmembers Jacobson. Kniqht. Orttel. Trude. Gamache (absent) voting in favor of the resolution, and Council members against. whereupon said resolution was declared passed. none voting CITY OF ANDOVER ATTEST: tJ~~ If..tLJ Victoria Volk - City Clerk I CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 137-05 MOTION by Council member Jacobson to adopt the following: A RESOLUTION DECLARING ADEQUACY OF PETITION AND ORDERING PREPARATION OF A FEASIBILITY REPORT FOR THE IMPROVEMENT OF SANITARY SEWER & WATER MAIN . PROJECT NO. 05-48. IN THE AREA OF 709 _1401H LANE NW. WHEREAS, the City Council has received a petition. dated Auqust 8. 2005 requesting the construction of improvements; and WHEREAS, such petition has been validated to represent the signatures of 100% of the affected property owners requesting such improvement. NOW, THEREFORE. BE IT RESOLVED by the City Council of the City of Andover that: 1. The petition is hereby declared to be 100% of owners of property affected. thereby making the petition unanimous. 2. Escrow amount for feasibility report is 0 3. The proposed improvement is hereby referred to the City Enqineer and he is instructed to proYide the City Council with a feasibility report. MOTION seconded by Councilmember City Council at a reqular meeting this 16th Kniqht and adopted by the day of Auqust , 2005. with Councilmembers Jacobson. KniQht. Orttel. Trude. Gamache (absent) voting in favor of the resolution, and Council members none voting against, whereupon said resolution was declared passed. ATTEST: Ken / tJ~i;;~ tJ.tb Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 136-05 MOTION by Councilmember Jacobson to adopt the following: A RESOLUTION DECLARING ADEQUACY OF PETITION AND ORDERING PREPARATION OF A FEASIBILITY REPORT FOR THE IMPROVEMENT OF SANITARY SEWER & WATER MAIN . PROJECT NO. 05-47, IN THE AREA OF 665 _1401H LANE NW. WHEREAS. the City Council has received a petition, dated AUQust 8. 2005 requesting the construction of improvements; and WHEREAS. such petition has been validated to represent the signatures of 100% of the affected property owners requesting such improvement. NOW. THEREFORE. BE IT RESOLVED by the City Council of the City of Andover that: / 1. The petition is hereby declared to be 100% of owners of property affected. thereby making the petition unanimous. 2. Escrow amount for feasibility report is 0 3. The proposed improvement is hereby referred to the City EnQineer and he is instructed to provide the City Council with a feasibility report. MOTION seconded by Council member City Council at a reqular meeting this 16th Kniqht and adopted by the day of Auqust . 2005. with Councilmembers Jacobson. KniQht. Orttel. Trude. Gamache (absent) voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. ATTEST: i.1;t-~ /)./V J Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 135-05 A RESOLUTION GRANTING THE CONDITIONAL USE PERMIT REQUEST OF CINGULAR WIRELESS TO PERMIT THE INSTALLATION OF A TELECOMMUNICATION ANTENNA PURSUANT TO TITLE 9-12 ON PROPERTY LOCATED AT 16191 ROUND LAKE BOULEVARDNW, LEGALLY DESCRIBED AS LOT 2, BLOCK 1, WESTVIEW INDUSTRIAL PARK, ANOKA COUNTY, MINNESOTA (PIN #16-32-24-23-0019). WHEREAS, Cingular Wireless has requested a Conditional Use Permit to permit the installation of a telecommunication antenna pursuant to Title 9-12 on property located at 16191 Round Lake Boulevard NW, legally described as Lot 2, Block 1, Westview Industrial Park, Anoka County, Minnesota; and WHEREAS, the Planning and Zoning Commission has reviewed the request and has determined that said request meets the criteria of Title 9-12; and WHEREAS, the Planning and Zoning Commission finds the request would not have a detrimental effect upon the health, safety, morals, and general welfare ofthe City of Andover; and WHEREAS, the Planning and Zoning Commission recommends to the City Council approval of the Conditional Use Permit as requested. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby agrees with the recommendation of the Planning and Zoning Commission and approves the Conditional Use Permit on said property. Adopted by the City Council of the City of Andover on this 16th day ,of August CITY OF ANDOVER ( A TTI;:ST: (J.",,'/!{U-,J tJ..t'b Victoria V olk, City Clerk . .' CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 134-05 MOTION by Council member Jacobson to adopt the following: A RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR THE IMPROVEMENT OF PROJECT NO. 05-13 FOR CITY HALL HVAC REPLACEMENT. WHEREAS. pursuant to advertisement for bids as set out in Council Resolution No. 093-05 ,dated May 17. 2005. bids were received. opened and tabulated according to law with results as follows: U.S. Mechanical, Inc. Northland Mechanical Contractors, Inc. Faircon Service Co. $139,973.00 $144.100.00 $154,980.00 NOW. THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby accept the bids as shown to indicate U.S. Mechanical. 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 U.S. Mechanical. Inc. in the amount of $ 139.973.00 for construction of the improvements; and direct the City Clerk to return to all bidders the deposits made with their bids, except that the deposit of the successful bidder and the next lowest bidder shall be retained until the contract has been executed and bond requirements met. MOTION seconded by Council member Trude and adopted by the City Council at a reqular meeting this 3rd day of Auqust . 2005 , with Council members Jacobson. Orttel. KniQht. Gamache. Trude voting in favor of the resolution, and Council members none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: ~A I ~/)4 Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 133-05 MOTION by Councilmember Jacobson to adopt the following: A ~ESOLUTION DECLARING ADEQUACY OF PETITION AND ORDERING PREPARATION OF A FEASIBILITY REPORT FOR THE IMPROVEMENT OF HANSON BOULEVARD NW FRONTAGE ROAD, PROJECT NO. 05-43. WHEREAS. the City Council has received a petition. dated July 13. 2005. requesting the construction of improvements; and WHEREAS, such petition has been validated to represent the signatures of 100% of the affected property owners requesting such improvement. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover that: I 1. The petition is hereby declared to be 100% of owners of property affected, thereby making the petition unanimous. 2. Escrow amount for feasibility report is $5.000.00 3. The proposed improvement is hereby referred to the City Enqineer and he is instructed to provide the City Council with a feasibility report. MOTION seconded by Council member Orttel and adopted by the City Council at a reqular meeting this 3rd day of Auqust . 2005. with Councilmembers Jacobson. Orttel. Kniqht. Gamache. Trude voting in favor of the resolution. and Council members none against, whereupon said resolution was declared passed. voting ATTEST: CITY OF ANDOVER ~~~ Michael R. Gamache - Mayor / /' ()~t;,~ il.tb Victoria Volk - City Clerk , . I CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RESOLUTION R132-05 A RESOLUTION APPOINTING MICHELLE HARTNER AS DEPUTY CITY CLERK. WHEREAS, in the absence of the City Clerk, it is necessary to appoint a Deputy City Clerk. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Andover hereby appoints Michelle Hartner as Deputy City Clerk. Adopted by the City Council of the City of Andover this ~day of August, 2005. CITY OF ANDOVER Attest: a:;/p_:"" IlLb Victoria volk - City Clerk . I CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 131-05 MOTION by Councilmember Trude to adopt the following: A RESOLUTION APPROVING CHANGE ORDER #....1- TO PROJECT NO. 04-36, LIFT STATION #4 IMPROVEMENTS. WHEREAS. the City of Andover has a contract for Project No. 04-36 with Penn Contractinq, Inc. of Blaine. MN NOW THEREFORE. BE IT RESOLVED by the City Council of Andover to hereby approve the change order to Project No. 04-36. Adopted by the City Council of the City of Andover this Auqust , 2005. 3rd day of CITY OF ANDOVER ATTEST: du:t~(j./b Victoria Volk - City Clerk " ./ CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 130-05 MOTION by Council member Orttel to adopt the following: A RESOLUTION APPROVING CHANGE ORDER #....1- TO PROJECT NO. 04-46. HANSON BOULEVARD TRAIL. WHEREAS, the City of Andover has a contract for Project No. 04-46 with Peterson Companies. Inc. of Chisaqo City. MN NOW THEREFORE, BE IT RESOLVED by the City Council of Andover to hereby approve the change order to Project No. 04-46. '\ Adopted by the City Council of the City of Andover this July ,2005. 19th day of CITY OF ANDOVER ATTEST: ~~~-A:: Michael R. Ga ache - Mayor IL~ ad!? Victoria Volk - City Clerk J CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO R 129-05 A RESOLUTION ESTABLISHING STATUS OF AGRICULTURAL PRESERVE DESIGNATION FOR THE FOLLOWING DESCRIBED LANDS: (Legal Description as shown on Exhibit A) WHEREAS, the Andover City Staff and City Attorney have reviewed the information in the files regarding the Agricultural Preserve status ofthe subject lands; and WHEREAS, pursuant to State Statutes, Chapter 473 H, the lands have not been properly covenanted; and WHEREAS, the City Clerk, Victoria V olk, has written a letter dated January 22, 1997 that states the land in question was removed from the Agricultural Preserve status after July 7, 1998, and; WHEREAS, there are no City records of the land being zoned Agricultural Preserve at the present time. I NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover has reviewed the information and make the determination that the subject property is not designated as Agricultural Preserve. Adopted by the City Council of the City of Andover this 19th day of July, 2005. ATTg~T:. {j,:h ~,v .c'b Victoria V olk, City Clerk l!~IY The North Half of the Northeast Quarter of Section 2.1, Township 32, Range 24, except that part platted as Wittington Ridge. ~el D) 'The North Half of the Northwest Quarter of Section 21, Township 32, Range 24, Anoka County, Minnesota, except the following described 2 parcels: Parcell: ~eginning at the Northwest comer of the North Half of said Northwest Quarter;' thence South along the \Vest line of said Northwest Quarter, a distance of 825 feet; thence Ea..c::t paranel to the North line of said Northwest Quarter, a distance of 1694 feet; thence North parallel to the weSt line pf said Northwest Quarter to the North line of said Northwest Quarter; thence West along said North line to the point of beginning. ' Parcel 2: Parcels 67 and 68 of Anoka County Highway Right-of-Way Plat No. 14. CQNTINUED... . EXHIBIT nA" CONTINUED.... PAGE 2 <!';ceIj) The Southeast Quarter of the Northwest Quarter of Section 21, Township 32, Range 24. (farcelV The Southwest Quarter of the Northwest Quarter of Section 21, Township 32, Range 24, except the following 4 parcels: Parcell: The West 209 feet of the North 418 feet of the South 965 feet thereof. Parcel 2: That part of said Quarter Quarter described as follows: Beginning at the Southwest comer of said Quarter Quarter; thence North along West line thereof 100 feet; thence East, parallel with the South Hue of said Quarter Quarter 238 feet; thence South, parallel with said West line to said South line; thence West along said South line to point of beginning. '\ carcel 3:. . . That part of Said Quarter Quarter described as follOWS: Commencing at the Southwest comer of the said Southwest Quarter of the Northwest Quarter, and proceeding thence North on the West line thereof for a distance of 200 feet to the acroal point of beginning; thence continuing North on said West line for a distance o~ 100 feet; proceeding thence East and paraUeJ with the South line of the Southwest Quarter of the Northwest Quarter, a distance of 188 feet, and proceeding thence South and parallel with the said West line a distance of 100 feet; proceeding thence West and parallel with said South line a distance of 188 feet, more or less, to the point of beginning. Parcel 4: Parcel 64, Anoka County Highway Right-of-Way Plat No. 14. (parc:cl9) Th,e West Half of the Southeast Quarter of Section 21, Township 32, Range 24. CONTINUED... . . / 'iliIBIT "A" CONTINUED.... .'AGE 3 ~ar~IV That part of the Southeast Quarter of the Southwest Quarter of Section 21, Township 32, Range 24 described as follows: Commencing at the Southeast comer of said Southeast Quarter of the Southwest Quarter; thence North on the East line thereof 32 rods, more or less, to the center of ditch; th7nce in a. Southwesterly direction along the center of said ditcb 38 1/2 rods, m.ore or less, to the South line of saJd Southeast Quarter of the Southwest Quarter, which said point is 22 rods and 3 feet West. more or tess, from the Southeast corner thereof; thence East 22 rods and 3 feet more or les~ to the :point of commencement. ~IY The 1i9t!!i;W&~ Quarter of the"",~~~~er of S. wnship 32, Range 24, except that part platted as Wittmgton Ridge ~also except the followmg Parcell: That part of the Northwest Quarter of the Northwest Quarter of Section 22, Township 32, Range 24, Aitoka ec::l11I1tY. Minnesota., lying Northerly of Lots 5 and 6, Biock 3. WITIINGTON RIDGE, l.ccording to the recorded plat rhereof, Anoka County, Minnesota, and lying betWeen the Northerly extensions of the East and West lines of said Lot 5, Block 3, and lying Southerly of the following described line:' - " Beginning at a point on the West line of said Northwest Quarter of the Northwest Quarter, distant 400.77 feet Southerly of the Northwest comer thereof, for the purposes of this description, said West line is assumed to bear South 0 degrees 09 minutes 32 seconds West; thence South 86 degrees 28 minutes 56 seconds East, a distance of 209.20 feet; thence South 79 degrees 55 minutes 46 seconds East, a distance of 181.12 feet; thence South 75 degrees 52 minutes 47 seconds East a distance of 149.76 fect; thcnce South 38 degrees 15 minutes 53 seconds East a distance of 68.14 feet to a point on the North line of Lot 4, Block 3, said WITTINGTON RIDGE, a distance of 75.05 feet Easterly of the Northwest corner thereof, and there terminating.' Parcel 2: That part of the Northwest Quarter of the Northwest Quarter of Section 22, Township 32, Range 24, Anob County, Minnesota, lying Northerly.of Lot 6, Block 3, WITTINGTON RIDGE, according to the recorded plat thereof, and lying Westerly of the Northerly extension of the Easterly line of said. Lot 6, and lying Southerly of the following described line: ' Beginning at a point on the West line of said Nonbwest Quarter of the Northwest Quarter, distant 400.77 feet Southerly of the Northwest comer thereof, for the purposes of this description, said West line is assumed to bear South 0 degrees 09 minutes 32 seconds West; thence South 86 degrees 28 minutes 56 seConds East, a distance of 209.20 feet; thence South 79 degrees 55 minutes 46 seconds East, a distance of J81.12 feet; thence South 75 degrees 52 minutes 47 seconds East, a distance of 149.76 feet; thence South ,38 degrees 15 minutes 53 seconds East,' a distance of68.14 feet to a point on the North line of Lot 4, Block 3, said WITTINGTON RIDGE, distant 75.05 feet Easterly of the Northwest comer thereof and there terminating. ' Note: Parcel designations are for convenience of reference only and do Dot constitute an integral part of the legal description. ' I \, I . I '41 " \1J - , ...:> . 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I \.\.r-FJ7r.1I.*""EE,..,t, _of CITY OF ANDOVER COUNTYOFANOKA STATE OF MINNESOTA RESOLUTION NO. 128-05 A RESOLUTION APPROVING RENEWAL OF 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 approved subject to the terms outlined in City Code, Chapter 3. Adopted by the City Council ofthe City of Andover this 19th day of July, 2005. CITY OF ANDOVER Attest: c/,A lchae1 R. Gamache, Mayor (L~~ (/a Victoria Volk, City Clerk , " CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO R127-05 A RESOLUTION GRANTING A SIX MONTH TIME EXTENSION FOR THE DEER OAKS FINAL PLAT TO BE RECORDED WITH ANOKA COUNTY LOT SPLIT FOR PROPERTY LEGALLY DESCRIBED AS FOLLOWS: The Southeast Quarter of the Northeast Quarter of Section 8, Township 32, Range 24, EXCEPT the North 330 feet of the East 660 feet thereof (as measured along the East and North lines thereof) Also EXCEPT that part platted as PRAIRIE MEADOWS; Also EXCEPT Road; Subject to Easement of Record. AND That part of the Southeast Quarter of the Northeast Quarter Section 8, Township 32, Range 24 Described as follows: Beginning at the Northeast corner thereof and continuing West along North line thereof for 660 feet; thence South and parallel with the East line of the Southeast Quarter of Northeast Quarter a distance of 330 feet; thence East and parallel to the North line thereof to part of the intersection with the East line thereof; thence North Along the East line of said Southeast Quarter of the Northeast Quarter to Point of Beginning; Subject to Road Easement over easterly portion thereof. WHEREAS, the final plat for Deer Oaks was approved by the City Council on August 4, 2004; and WHEREAS, the developer has made significant progress in preparing the site for development; and WHEREAS, the developer has encountered difficulty in resolving plat comments received from the Anoka County Highway Department after the plat was approved; and WHEREAS, there have been no significant changes that would affect the Deer Oaks plat since the final plat was approved; and NOW, THEREFORE, BE IT RESOLVED, the City Council of the City of Andover hereby approves a six month time extension to begin August 4, 2005 with the following conditions: 1. The plat shall conform to the plat approved by the City Council on August 4, 2004. 2. The plat shall be recorded with Anoka County prior to February 4, 2006. Adopted by the City Council of the City of Andover this 19th day of July, 2005. / ATTEST: ~ u./b Victoria V olk, City Clerk CITY OF ANDOVER ~~~4~ Mkhael R. Gamac e, Mayor CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 126-05 A RESOLUTION REQUESTING A SPEED STUDY ALONG STATION PARKWAY NW BETWEEN CROSSTOWN BOULEVARD NW (CSAH 18) AND HANSON BOULEVARD NW (CSAH 78) LOCATED IN SECTION 34. TOWNSHIP 32, RANGE 24 IN THE CITY OF ANDOVER. WHEREAS, the Minnesota Department of Transportation is requested to do a speed study, and; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andoyer to hereby request a study with MnDOT along Station Parkway NW between Crosstown Boulevard NW (CSAH 18) and Hanson Boulevard NW (CSAH 78). Adopted by the City Council of the City of Andover this 19th day of July. 2005. I CITY OF ANDOVER ATTEST: IL~ {/db Victoria Volk - City Clerk , , CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 125-05 MOTION by Councilmember o rtte I to adopt the following: A RESOLUTION ORDERING PLANS AND SPECIFICATIONS, APPROVING PLANS AND SPECIFICATIONS AND ORDERING QUOTES FOR PROJECT NO. 05-7, 2005 TRAIL MAINTENANCE. WHEREAS. the City Council is cognizant of the need for the trail maintenance; and WHEREAS. such final plans and specifications were presented to the City Council for their review on the 19th day of July . 2005 . NOW, THEREFORE. BE IT RESOLVED by the City Council of the City of Andover to hereby approve the Final Plans and Specifications. , J BE IT FURTHER RESOLVED by the City Council of the City of Andover to hereby direct the City Engineer to obtain quotes as required by law. with such quotes to be opened at 10:00 a.m.. July 28 . 2005 at the Andover City Hall. MOTION seconded by Council member Jacobson and adopted by the City Council at a reQular meeting this 19th day of July . 2005 , with Council members Orttel, Jacobson, KniQht. Gamache. Trude voting in favor of the resolution. and Councilmembers none voting against. whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: ~ " !l_~ d~ Victoria Volk - City Clerk " CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 124-05 MOTION by Councilmember o rtte I to adopt the following: A RESOLUTION APPROVING CHANGE ORDER #-1.. TO PROJECT NO. 03-1A FOR PRAIRIE KNOLL PARK LIGHTING. WHEREAS. the City of Andover has a contract for Project No. 03-1A with Killmer Electric Co.. Inc. of Crystal. MN NOW THEREFORE. BE IT RESOLVED by the City Council of Andover to hereby approve the change order to Project No. 03-1A. Adopted by the City Council of the City of Andover this July . 2005. 19th day of CITY OF ANDOVER ATTEST: ~~:<<A~ M(chael R. Gamache - Mayor IJJ~ !f.& Victoria Volk - City Clerk '. / CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 123-05 MOTION by Councilmember Jacobson to adopt the following: A RESOLUTION ACCEPTING FEASIBILITY STUDY, WAIVING PUBLIC HEARING AND DIRECTING PREPARATION OF PLANS AND SPECIFICATIONS FOR INTERSECTION IMPROVEMENTS AT BLUEBIRD STREET NW AND HANSON BOULEVARD NW. PROJECT NO. 05-34 WHEREAS. the City Council did on the 17th day of ~. 2005 . order the preparation of a feasibility study for the improvement; and WHEREAS. such feasibility study was prepared by the City Enqineer and presented to the Council on the 5th day of July ,2005; 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 $ 301.235.01. I NOW. THEREFORE. BE IT RESOLVED by the City Council of the City of Andover that: 1. The City Council hereby accepts the Feasibility Report for Project No. 05-34 for the improvements and waives the public hearing. 2. The City Council hereby directs the Anoka County Highway Department to prepare the plans and specifications for such improvement project. 3. The Council will consider the improvements in accordance with the report and the assessment of abutting property for all of the improvement pursuant to Minnesota Statutes Chapter 429 at an estimated total cost of $301.235.01. MOTION seconded by Councilmember Kniqht and adopted by the City Council at a reqular meeting this 5th day of July . 2005 , with Councilmembers Jacobson, KniQht. Orttel. Gamache. Trude voting in favor of the resolution. and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: / jl~J (J,..Lb Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 122-05 MOTION by Councilmember Jacobson to adopt the following: A RESOLUTION ACCEPTING FEASIBILITY STUDY. WAIVING PUBLIC HEARING AND DIRECTING PREPARATION OF PLANS AND SPECIFICATIONS FOR THE IMPROVEMENT OF STREETS SERVING ANDOVER STATION NORTH LOTS 2-5. BLOCK 3. PROJECT NO. 05-39 WHEREAS. the City Council did on the 21 st day of June . 2005 . order the preparation of a feasibility study for the improvement; and WHEREAS. such feasibility study was prepared by the City Enqineer and presented to the Council on the 5th day of July . 2005 ; 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 $ 348,112.27 . NOW. THEREFORE. BE IT RESOLVED by the City Council of the City of Andover that: 1. The City Council hereby accepts the Feasibility Report for Project No. 05-39 for the improvements and waives the public hearing. 2. The City Council hereby directs SEH to prepare the plans and specifications for such improvement project. 3. The Council will consider the improvements in accordance with the report and the assessment of abutting property for all of the improvement pursuant to Minnesota Statutes Chapter 429 at an estimated total cost of $ 348.112.27. MOTION seconded by Councilmember KniQht and adopted by the City Council at a reqular meeting this 5th day of July , 2005 . with Councilmembers Jacobson. KniQht. Orttel. Gamache. Trude voting in favor of the resolution. and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: -~~ chael R. Gamache - Mayor / ~ IJdb Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA Council member Jacobson introduced the following resolution and moved its adoption: RESOLUTION NO. 121-05 RESOLUTION APPROVING THE TERMS OF $100,000 INTERNAL LOAN IN CONNECTION WITH TAX INCREMENT FINANCING DISTRICT NO. 1-4. BE IT RESOLVED by the City Council (the "Council") of the City of Andover, Minnesota (the "City"), as follows: Section 1. Background. 1.01. The City has heretofore approved the establishment of Tax Increment Financing District No. 1-4 (the "TIF District") within Development District No.1 (the "Project"), and has adopted a Tax Increment Financing Plan (the "TIF Plan") for the purpose of financing certain improvements within the Project. 1.02. The City has determined to pay for certain costs identified in the TIF Plan consisting of site improvements/preparation, public utilities, parking facilities, streets, sidewalks, interest, and administrative costs (collectively, the "Qualified Costs"), which costs will be financed on a temporary basis from [identify fund to be borrowed from; or insert: City funds available for such purposes]. 1.03. Under Minnesota Statutes, Section 469.178, Subd. 7, the City is authorized to advance or loan money from the City's general fund or any other fund from which such advances may be legally made, in order to finance the Qualified Costs. 1.04. The City intends to reimburse itself for the Qualified Costs from tax increments derived from the TIF District [or name other districts that will be source of repayment] in accordance with the terms of this resolution (which terms are referred to collectively as the "TIF Loan"). Section 2. Terms ofTIF Loan. 2.01. The City shall repay to the City fund from which the Qualified Costs are initially paid, the lesser of the principal amount of $100,000 or the actual total expenditures, together with interest on the principal amount expended accruing from the date of each initial expenditUre, at the greatest of (a) the rate specified under Minnesota Statutes, Section 270.75, or (c) the rate specified under Minnesota Statutes, Section 549.09. If the actual total expenditures are less than the principal amount, the total principal amount of the TIF Loan and the repayment schedule of the TIF Loan shall be adjusted to be the actual expenditure amount. The interest rate for each calendar year during the term of the TIF Loan will be determined as of January 1,2006 using the maximum rate under clauses (a) or (b) in effect as of that date. The interest rate will be the rate for the life of the TIF Loan. ) 2.02. Principal and interest ("Payments") shall be paid semi-annually on August 1, 2006 and each August 1 and February 1 thereafter to and including the earlier of (a) the date the principal and accrued interest of the City Note is paid in full, or (b) the date oflast receipt of tax increment from the / TIF District ("Payment Dates") which Payments will be made in the amount and only to the extent of Available Tax Increment as hereinafter defined. Payments shall be applied first to accrued interest, and then to unpaid principal. Interest accruing from the date of each expenditure to the first Payment Date shall be compounded semiannually on February I and August I of each year and added to principal. 2.03. Payments on this TIF Loan are payable solely from "Available Tax Increment," which shall mean, on each Payment Date, all of the tax increment generated in the preceding six (6) months with respect to the property within the TIF District [or name other districts] and remitted to the City by Anoka County, all in accordance with Minnesota Statutes, Sections 469.174 to 469.1799, all inclusive, as amended. Payments on this TIF Loan are subordinate to any outstanding or future bonds, notes or contracts secured in whole or in part with Available Tax Increment, and are on parity with any other outstanding or future interfund loans secured in whole or in part with Available Tax Increment. 2.04. The principal sum and all accrued interest payable under this TIF Loan are pre-payable in whole orjn part at any time by the City without premium or penalty. No partial prepayment shall affect the amount or timing of any other regular payment otherwise required to be made under this TlF Loan. 2.05. This TlF Loan is evidence of an internal borrowing by the City in accordance with Minnesota Statutes, Section 469.178, Subd. 7, and is a limited obligation payable solely from Available Tax Increment pledged to the payment hereof under this resolution. This TIF Loan and the interest hereon shall not be deemed to constitute a general obligation of the State of Minnesota or any political subdivision thereof, including, without limitation, the City. Neither the State of Minnesota, nor any political subdivision thereof shall be obligated to pay the principal of or interest on this TIF Loan or other costs incident hereto except out of Available Tax Increment, and neither the full faith and credit nor the taxing power of the State of Minnesota or any political subdivision thereof is pledged to the payment of the principal of or interest on this TlF Loan or other costs incident hereto. The City shall have no obligation to pay any principal amount of the TIF Loan or accrued interest thereon, which may remain unpaid after the final Payment Date. 2.06. The City may amend the terms of this TIF Loan at any time by resolution of the City Council, including a determination to forgive the outstanding principal amount and accrued interest to the extent permissible under law. Section 3. Effective Date. This resolution is effective upon the date of its approval. Adopted this 5th day of July, 2005. ~~ ~ael R. Gam c e - Mayor ATTEST: 11:&:...) ()4 Victoria Volk - City Clerk / MOTION by Council member CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 120-05 Kniqht to adopt the following: A RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR THE IMPROVEMENT OF STREETS & STORM SEWER FOR WINTERGREEN STREET NW (NORTH OF 161sT AVENUE NWJ THROUGH COUNTRY OAKS WEST AND TURN LANE IMPROVEMENTS TO 161 I AVENUE NW . PROJECT NO. 05-18. WHEREAS. pursuant to advertisement for bids as set out in Council Resolution No. 090-05 . dated May 17. 2005. bids were received. opened and tabulated according to law with results as follows: C.W. Houle Inc. Bauerly Companies Universal Enterprises of Mid-MN Inc. $422.107.35 $428,201.42 $439,594.57 NOW, THEREFORE. BE IT RESOLVED by the City Council of the City of Andover to hereby accept the bids as shown to indicate C.W. Houle 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 C.W. Houle Inc. in the amount of $422.107.35 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 Trude and adopted by the City Council at a special meeting this 28th day of June . 2005 , with Council members Kniqht. Trude. Orttel. Gamache. Jacobson voting in favor of the resolution. and Council members none voting against. whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: t:. , / ~ (J.,(b Victoria Volk - City Clerk I CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA " RES. NO R119-05 A RESOLUTION APPROVING THE PRELIMINARY PLAT OF "BROOK CROSSING" ON PROPERTY LOCATED IN SECTION 3, TOWNSHIP 32, RANGE 24, AS ILLUSTRATED ON EXHIBIT A. The East half of the Southeast Quarter of Section 3, Township 32, Range 24, Anoka County, Minnesota. WHEREAS, the Andover Review Committee has reviewed the preliminary plat; and WHEREAS, pursuant to published and mailed notice thereof, the Planning Commission has conducted a public hearing on said plat, and; WHEREAS, as a result of such public hearing, the Planning Commission recommended to the City Council denial of the plat, and; WHEREAS, a variance has been requested to City Code 12-3-4 that will allow the development of a 2.02-acre lot in the R-l zoning district, and; WHEREAS, the following findings were offered as rationale for granting the variance: . The Anoka County Highway Department has prohibited placement of driveways onto Hanson Boulevard (CSAH 78), and . An internal road has been designed to accommodate this, which has reduced one lot size, and; . The right-of-way for the internal street and the wetlands on the site have restricted the design and layout of the site, and; NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby approves the preliminary plat with a variance to City Code 12-3-4. subject to the following conditions: I 1. The Preliminary Plat shall address all comments from the Engineering department and Community Development prior to City Council approval. 2. The developer shall pay a Park Dedication Fee of $23,250 and a Trail Fee of $5,650. 3. The developer obtains all necessary permits from the Coon Creek Watershed District, DNR, Corps of Engineers, LGU, MPCA, Anoka County Highway Department and any other agency that may be interested in the site. 4. The developer shall be responsible for the cost of construction of all improvements proposed as a part of the preliminary plat. 5. Contingent upon staff review and approval for compliance with City ordinances, policies and guidelines. 3 \ j 6. Such plat approval is contingent upon a development agreement acceptable to the City Attorney. A financial guarantee will be required as a part of this agreement to assure all of the subdivision improvements will be completed. Adopted by the City Council of the City of Andover this 2151 day of June, 2005. ATTr:ST:. hi .~~ fl>cp Victoria Volk, City Clerk CITY OF ANDOVER --r/e-d~ /Michael R. Gamache, Mayor 4 . / CITY OF ANDOVER COUNTYOFANOKA STATE OF MINNESOTA RES. NO. R118-05 A RESOLUTION APPROVING THE LOT SPLIT REQUEST OF HARSTAD HILLS INC. TO SUBDIVIDE A RESIDENTIAL LOT INTO TWO URBAN RESIDENTIAL LOTS FOR PROPERTY LOCATED AT 1140 CROSSTOWN BOULEVARD NW (P.I.D 23-32-24-13-0003) LEGALLY DESCRIBED AS: That part of the Southwest Quarter of the Northeast Quarter of Section 23, Township 32, Range 24, described as follows: From the Southwest corner of said Southwest Quarter of the Northeast Quarter; thence North on the west line of said Southwest Quarter of the Northeast Quarter a distance of 880 feet, more or less, to the centerline of the public highway; thence North 52 degrees East on the said centerline of public road a distance of 535 feet to the actual point of beginning; thence southeasterly at right angles 208.6 feet; thence southwesterly at right angles 208.6 feet, thence northwesterly at right angles 208.6 feet to said center of public road; thence northeasterly on said centerline 208.6 feet to the point of beginning. Subject to roads and easements of record if any. To be divided into properties to be described as; PARCEL A The Northeast 80.00 feet of that part of the Southwest Quarter ofthe Northeast Quarter of Section 23, Township 32, Range 24, described as follows: From the Southwest corner of said Southwest Quarter of the Northeast Quarter; thence North on the west line of said Southwest Quarter of the Northeast Quarter a distance of 880 feet, more or less, to the centerline of the public highway; thence North 52 degrees East on the said centerline of public road a distance of 535 feet to the actual point of beginning; thence southeasterly at right angles 208.6 feet; thence southwesterly at right angles 208.6 feet, thence northwesterly at right angles 208.6 feet to said center of public road; thence northeasterly on said centerline 208.6 feet to the point of beginning. Subject to roads and easements of record if any. PARCEL B That part of the Southwest Quarter of the Northeast Quarter of Section 23, Township 32, Range 24, described as follows: From the Southwest comer of said Southwest Quarter of the Northeast Quarter; thence North on the west line of said Southwest Quarter of the Northeast Quarter a distance of 880 feet, more or less, to the centerline of the public highway; thence North 52 degrees East on the said centerline of public road a distance of 535 feet to the actual point of beginning; thence southeasterly at right angles 208.6 feet; thence southwesterly at right angles 208.6 feet, thence northwesterly at right angles 208.6 feet to said center of public road; thence northeasterly on said centerline 208.6 feet to the point of beginning, lying Southwesterly of the Northeasterly 80.00 feet thereof. Subject to roads and easements of record if any. . / WHEREAS, Harstad Hills Inc. has requested approval of a lot split to subdivide a residential property pursuant to City Code 13-1, located at 1140 Crosstown Boulevard NW; and WHEREAS, The Planning and Zoning Commission has reviewed the request and has determined that said request meets all requirements of City Code 13-1 Splitting Lots, Parcels or Tracts of Land; and WHEREAS, a public hearing was held pursuant to state statutes; and WHEREAS, the Planning and Zoning Commission recommends to the City Council approval of the lot split as requested. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby agrees with the recommendation of the Planning and Zoning Commission and approves the lot split on said property subject to the following conditions: 1. The applicant shall provide a ten-foot wide drainage and utility easement in favor of the City adjacent to the front and rear property lines of both lots and a five-foot wide drainage and utility easement adjacent to the side property lines of both lots. The applicant shall file separate easement documents with Anoka County granting these easements. 2. The applicant shall provide roadway easements as illustrated by the lot split survey. The applicant shall file separate easement documents with Anoka County granting these easements. 3. Both properties shall be connected to municipal sewer and water systems. 4. The existing driveway onto Crosstown Boulevard NW shall be removed. Neither property shall be allowed direct access onto Crosstown Boulevard NW. 5. The existing garage shall be removed from parcel A. 6. The applicant shall be required to pay a park dedication fee of $2,325. 7. The applicant shall be required to pay a trail fee of$565. 8. The lot split shall be subject to a sunset clause as defined in City Code Chapter 12-1-6-F. Adopted by the City Council of the City of Andover on this 21st day of June, 2005. CITY OF ANDOVER 0fy/A?~ rlchael R. Gamache, Mayor / ATTEST: !L;t:~A/ (j,;,IL, Victoria V olk, City Clerk CITY OF ANDOVER COUNTYOFANOKA STATE OF MINNESOTA RES. NO. R117-05 A RESOLUTION APPROVING THE LOT SPLIT REQUEST FOR THE KUIKEN F AMIL Y TO SUBDIVIDE INTO TWO PARCELS PROPERTY LOCATED IN THE SOUTHWEST QUARTER OF SECTION 02, TOWNSHIP 32, RANGE 24 (P.I.D. 02-32-24-33-0001) AND TO BE DESCRIBED AS; PARCEL A: That part of the West Half of the Southwest Quarter of Section 2, Township 32, Range 24, Anoka County, Minnesota, described as follows: Beginning at the southeast corner of said West Half of the Southwest Quarter; thence on an assumed bearing of North 0 degrees 00 minutes 25 seconds West along the east line thereof, a distance of 901.97 feet; thence South 86 degrees 09 minutes 19 seconds West a distance of 639.49 feet: thence southwesterly a distance of 397.44 feet along a curve not tangent to the last described line, said curve being concave to the northwest, having a radius of 437.06 feet, a central angle of 52 degrees 06 minutes 06 seconds and the chord of said curve bears South 28 degrees 29 minutes 14 seconds West; thence South 54 degrees 32 minutes 17 seconds West, tangent to said curve, a distance of 64.42 feet; thence southwesterly along a tangential curve, concave to the northwest, having a radius of256.04 feet and a central angle of 51 degrees 50 minutes 48 seconds, a distance of 231.69 feet; thence westerly along a reverse curve, concave to the south, having a radius of 466.02 feet, fl central angle of 16 degrees 58 minutes 17 seconds, a distance of 138.04 feet; thence South 89 degrees 24 minutes 48 seconds West, tangent to said curve, a distance of 16.38 feet to the east line of the west 66 feet of said Southwest Quarter; thence North 0 degrees 00 minutes 35 seconds West along said east line of the west 66 feet a distance of2173.92 feet to the north line of said Southwest Quarter; thence North 89 degrees 12 minutes 26 seconds West along said north line, a distance of 66.01 feet to the northwest corner of said Southwest Quarter; thence South 00 degrees 00 minutes 35 seconds East, along the west line thereof, a distance of2623.88 feet to the southwest corner thereof; thence South 89 degrees 15 minutes 45 seconds East, along the south line thereof, a distance of 1313.07 feet to the point of beginning. PARCELB That part of the Southeast Quarter of Southwest Quarter of Section 2, Township 32, Range 24, Anoka County, Minnesota, described as follows: , Beginning at the southwest corner thereof, for the purposes of this description, the west line of said Southeast Quarter ofthe Southwest Quarter is assumed to bear North 00 degrees 00 minutes 25 seconds West; thence South 89 degrees 15 minutes 45 seconds East, along the south line thereof, a distance of 1313.07 feet to the southeast corner of said Southeast Quarter of the Southwest Quarter; thence North 00 degrees 00 minutes 15 seconds West, along the east line thereof, a distance of 1041.50 feet to the center line of Ward Lake Drive; thence northwesterly along said center line, being a non-tangential curve, concave to the northeast, having a radius of 635.00 feet and a central angle of 05 degrees 57 minutes 20 seconds, a distance of 66.00 feet, the ., chord of said curve bears North 49 degrees 59 minutes 33 seconds West; thence South 49 degrees 47 minutes 37 seconds West, a distance of 1652.89 feet to the point of beginning. WHEREAS, the applicant has requested approval of a lot split to subdivide property pursuant to City Code Title 13, and; WHEREAS, the applicant has requested approval of a variance to the 300 foot minimum lot width requirement to allow Parcel B to have a lot width of approximately 140 feet, and; WHEREAS, the Planning and Zoning Commission fmds that the special circumstances for the subject property include the following: 1. The property will remain in the Green Acres program and continue to be farmed or will be platted in conformance with City requirements. WHEREAS, the Planning and Zoning Commission finds the request would not have a detrimental effect upon the health, safety, morals and general welfare of the City of Andover, and; WHEREAS, a public hearing was held pursuant to state statutes, and; WHEREAS, the Planning and Zoning Commission recommends to the City Council approval of the lot split as requested, and; WHEREAS, The Council finds the proposed use will not be detrimental to the health, safety, morals and general welfare of the occupants of the surrounding land, and; NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover has received the recommendation of the Planning and Zoning Commission and approves the lot split without variances on said property with the following conditions: 1. Park dedication and trail fees will be collected in the future when the subject property is platted. 2. That the lot split be subject to a sunset clause as defmed in City Code 13-1-6 F. 3. Subject to combination with parcel to the north (P.I.D. 02-32-24-34-0001). Adopted by the City Council of the City of Andover on this 21 st day of June, 2005. CITY OF ANDOVER ~d~ ,J-fichael R. Gamache, Mayor ATTEST: !L.i-~ 1)r!L- Victoria V olk, City Clerk j CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R116-05 A RESOLUTION APPROVING A VARIANCE TO REDUCE THE SIDE YARD SETBACK FROM 35 FEET TO 29 FEET FOR PROPERTY LOCATED AT 2451 154m AVENUE NW LEGALLY DESCRIBED AS LOT 17, BLOCK 1 WOODLAND ESTATES 6TH ADDITION, ANOKA COUNTY, MINNESOTA WHEREAS, the Planning Commission has reviewed the request to vary from City Code 12-3-4 to reduce the side yard setback for the subject property from 35 feet to 29 feet, and; WHEREAS, after review the Planning Commission finds the following; 1. There was a misunderstanding about the lot based on changes made to the preliminary plat and as a result the building pad is ten feet narrower than the applicant believed. 2. The proposed home was designed to meet the minimum house size required by Woodland Development. 3. The curve of the west property line will prevent the side ofthe proposed house from aligning with the front of a house on the property to the north, as is the intent of the 35 foot setback. / WHEREAS, the City Council has received the recommendation of the Planning Commission, and; NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover approves the proposed variance request to reduce the side yard setback for the subject property from 35 feet to 29 feet. Adopted by the City Council of the City of Andover on this 21 st day of June, 2005. CITY OF ANDOVER ATTEST: t1J;-u.v ().d Victoria V olk, City Clerk . / CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 115-05 MOTION by Councilmember Trude to adopt the following: A RESOLUTION DECLARING ADEQUACY OF PETITION AND ORDERING PREPARATION OF A FEASIBILITY REPORT FOR THE IMPROVEMENT OF SANITARY SEWER, WATER MAIN. STREETS & STROM SEWER ,FOR PROJECT NO. 05-39. ANDOVER STATION NORTH/STREET SERVING LOTS 2-5. BLOCK 3. WHEREAS, the City Council has received a petition, dated June 16, 2005, requesting the construction of improvements; and WHEREAS, such petition has been validated to represent the signatures of 100% of the affected property owners requesting such improvement. NOW, THEREFORE. BE IT RESOLVED by the City Council of the City of Andover that: \ I 1. The petition is hereby declared to be 100% of owners of property affected. thereby making the petition unanimous. 2. Escrow amount for feasibility report is $5.000.00 3. The proposed improvement is hereby referred to the City Enqineer and he is instructed to provide the City Council with a feasibility report. MOTION seconded by Councilmember Orttel and adopted by the City Council at a reqular meeting this 21st day of June .2005, with Council members Trude. Orttel. Kniqht. Gamache. Jacobson voting in favor of the resolution. and Councilmembers none voting against, whereupon said resolution was declared passed. ATTEST: CITY OF ANDOVER ~/~~ MicticJel R. Gamac e - Mayor ~ tJ/b Victoria Volk - City Clerk . I CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 114-05 MOTION by Councilmember Trude to adopt the following: A RESOLUTION APPROVING FINAL PLANS AND SPECIFICATIONS AND SOLICITING FOR QUOTES FOR LUND'S NORTH PARK RECONSTRUCTION, PROJECT NO. 05-10 . WHEREAS. pursuant to Resolution No. 024-05 , adopted by the City Council on the 15th day of February . 2005 ,the City EnQineer has prepared final plans and specifications for Project 05-10 for Lund's North Park Reconstruction WHEREAS. such final plans and specifications were presented to the City Council for their review on the 21 st day of June . 2005 . NOW. THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby approve the Final Plans and Specifications. " j BE IT FURTHER RESOLVED by the City Council of the City of Andover to hereby direct the City Engineer to seek quotes as required by law for the improvements. MOTION seconded by Council member Orttel and adopted by the City Council at a reqular meeting this 21 st day of June . 2005 . with Councilmembers Trude, Orttel. Kniqht. Gamache. Jacobson voting in favor of the resolution. and Councilmembers against. whereupon said resolution was declared passed. none voting CITY OF ANDOVER ATTEST: a~ (jib Victoria Volk - City Clerk / MOTION by Council member CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 113-05 Trude to adopt the following: A RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR THE IMPROVEMENT OF PROJECT NO. 04-52B FOR WELL #9/PUMPING UNIT. WHEREAS, pursuant to advertisement for bids as set out in Council Resolution No. 096-05 ,dated May 17, 2005, bids were received. opened and tabulated according to law with results as follows: Mark J. Traut Wells E.H. Renner & Sons $204,500.00 $210,127.00 NOW. THEREFORE. BE IT RESOLVED by the City Council of the City of Andover to hereby accept the bids as shown to indicate Mark J. Traut Wells as being the apparent low bidder. BE IT FURTHER RESOLVED TO HEREBY direct the Mayor and City Clerk to enter into a contract with Mark J. Traut Wells in the amount of $ 204.500.00 for construction of the improvements; and direct the City Clerk to return to all bidders the deposits made with their bids. except that the deposit of the successful bidder and the next lowest bidder shall be retained until the contract has been executed and bond requirements met. MOTION seconded by Council member Orttel City Council at a reqular meeting this 21st day of June Council members Trude. Orttel. Kniqht. Gamache. Jacobson of the resolution, and Council members none against. whereupon said resolution was declared passed. and adopted by the . 2005 , with voting in favor voting CITY OF ANDOVER ATTEST: ~()h Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 112-05 MOTION by Councilmember Trude to adopt the following: A RESOLUTION APPROVING CHANGE ORDER #-2- TO PROJECT NO. 04-7 FOR PRAIRIE ROAD NW & BUNKER LAKE BOULEVARD NW. WHEREAS. the City of Andover has a contract for Project No. 04-7 with Forest Lake Contractinq. Inc. of Forest Lake. MN NOW THEREFORE. BE IT RESOLVED by the City Council of Andover to hereby approve the change order to Project No. 04-7. Adopted by the City Council of the City of Andover this June , 2005. 21st day of CITY OF ANDOVER ATTEST: a~:4~ (j,.(b Victoria Volk - City Clerk . I CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 111-05 MOTION by Council member Jacobson to adopt the following: A RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR THE IMPROVEMENT OF PROJECT NO. 03-1A, PRAIRIE KNOLL PARK LIGHTING WHEREAS, pursuant to advertisement for bids as set out in Council Resolution No. 083-05 . dated May 3, 2005, bids were receiyed, opened and tabulated according to law with results as fo.llows: Killmer Electric Vinco Forest Lake Engineer's Electric Svstems Estimate Base $102,976.00 $109,019.00 $130,903.91 $129,000.00 $92,000.00 Alt. #1 $74,597.00 $75,697.00 $76,585.99 $96,000.00 $81,000.00 Alt. #2 $5.317.00 $4,410.00 $5,419.33 $5,200.00 $5,000.00 Alt. #3 $5,668.00 $8,211.00 $7,017.09 $7,600.00 $7,500.00 Alt. #4 $3,588.00 $7,418.00 $3,697.57 $4,600.00 $4.200.00 Alt. #5 $4,375.00 $2,467.00 $3.601.60 $5,500.00 $5,200.00 Alt. #6 $1,040.00 $1.312.00 $2,130.32 $2.000.00 $2,300.00 Total Bid $197,561.00 $208,534.00 $229,355.81 $249,900.00 $197,200.00 '. NOW. THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby accept the bids as shown to indicate Killmer Electric as being the apparent low bidder. . , BE IT FURTHER RESOLVED TO HEREBY direct the Mayor and City Clerk to enter into a contract with Killmer Electric in the amount of $197,561.00 for construction of the improvements; and direct the City Clerk to return to all bidders the deposits made with their bids. except that the deposit of the successful bidder and the next lowest bidder shall be retained until the contract has been executed and bond requirements met. MOTION seconded by Council member Trude and adopted by the City Council at a reqular meeting this ih day of June . 2005 , with Council members Orttel. Gamache, Trude, Jacobson. KniQht (absent) voting in favor of the resolution. and Council members none voting against. whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: , I Il.d:.. ~~ OLb Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA / RES. NO RIlO-05 A RESOLUTION GRANTING THE V ACA TION OF EASEMENT REQUEST OF CORY LOGER TO VACATE A PORTION OF THE DRAINAGE AND UTILITY EASEMENT AT 125 154TII AVENUE NW (PIN 24-32-24-14-0004) LEGALLY DESCRIBED AS FOLLOWS: Lot 2, Block 1 Meadowlark Heights, Anoka County, Minnesota WHEREAS, the applicant has requested to vacate a portion of a drainage and utility easement as indicated on Exhibit A, and; WHEREAS, 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 indicated on Exhibit A. / Adopted by the City Council of the City of Andover on this 7th day of June, 2005. CITY OF ANDOVER ATTEST fL~ !J./b Victoria Volk, City Clerk Coon Rapids Office 201 85th Avenue N.W. Coon Rapids, MN 55433 (763) 783-1880 F.d83-1883 PI. NEERengineering Mendota Heights Office 2422 Enterprise Drive Mendota Heights. MN 55120 (651)681.1914 Fax:681.9488 CIVIL ENGINEERS LAND PLANNERS LAND SURVEYORS LANDSCAPE ARCHITECTS Coon Rapids Office Description Sketch for: CORY LOGER 5/06/05 Northwest comer of Lot 2. Block 1, MEADOWLARK HEIGHTS --"', -~ / Most norther1y line of Lot 2. ,,/-- Block '. MEADOWLARK HEIGHTS N89030'04"E " 100,00 11"-", ---'-1'\ \ A " CJ I' J\ (\ ^, lo~ I~~ ",:,> NO o V1 I" \j ....-..... :. a ~ 2') ~ util'lt'! (O~e;;;~s).::""'.-1 oro'lnOge oW\..",R'<< (ltist'\(lg lo\. of \.1.(",0 SS.r I .,~'" tper \.ne P '0.1<.'> /1 S,,,,< i' [' \" J,; ,_.. I 1 , / . --. \ '. 110 ...I......--point of Beginning l.w I ----- J '-- j:; L~ -= _--= -= -= -= -= -= ---= -= ---= - ~~:> T ........... '--I~'.H /// ~ ~~. /// R~.~l.~~-~<-'----~....... "" // / '''' ,," '~I n /' I ' // / .., 00 ,," ["'1 \../' . {\ / / I ("l" _ L. ~ / Ot.IJ..to" "" " " .;: t.", " // / ~o~<~ " , // / > ~eoOI"'\." "'\5' '\. , ff E / (; ff /; / S :"7)." , , // / '... '" // -:" " " / "' , // / ') -, " , // k- ,/ ~~ ~ ",ov~o/ J.c... "< ,'" , ';,~ ~ " ~., ~- Bearings shown are assumed , . ~ D - Denotes Easement to be vacated ^ , ^ \ o \ " EXISTING DRAINAGE & UTIUTY EASEMENT TO BE VACATED: That part of Lot 2, Black I, MEADO~RK HEIGHTS, according to the recorded plot thereof, Anoko County. Minnesota described as follows: Commencing at the northwest comer of said Lot 2; thence North 89 degrees 30 minutes 04 seconds East, assumed bearing along the most northerly line of sold Lot 2, a distance of 100.00 feet; thence South 00 degrees 37 minutes 38 seconds East, 255.00 feet; thence South 51 degrees 10 minutes 51 seconds West, 12.72 feet to the point of beginning of the parcel to be described; thence continuing South 51 degrees 10 minutes 51 seconds . VI~.t, 145.46 feet to the intersection with a line drawn parallel with and 10.00 feet northeasterly of the ~westerly line of said Lot 1; thence northwesterly, along said parallel line, 43.86 feet; thence North 22 degrees . minutes 29 seconds East, 46.64 feet; thence North 77 degrees 32 minutes 02 seconds East, 133.76 feet to the point of beginning. Said parcel contains + /- 5,668 sq. ft. Scale: 1 inch ~ 60feet 1023 205089.0000ss.dwg / . / CITY OF ANDOVER COUNTYOFANOKA STATE OF MINNESOTA RES. NO. 109-05 A RESOLUTION GRANTING THE REQUEST OF DAVE WEIGEL TO VACATE A PORTION OF THE DRAINAGE AND UTILITY EASEMENT AT 5149171st AVENUE NW, LEGALLY DESCRIBED AS: Lot 12, Block 2, Timber River Estates, Anoka County, Minnesota. WHEREAS, Dave Weigel has requested to vacate a portion of the drainage and utility easement located on said property legally described as: Commencing at the Southwest Comer of said Lot 12, thence on an assumed bearing of South 69 Degrees 07 minutes 22 seconds East, along the southerly line of said Lot 12, a distance of 220.95 feet; thence southeasterly along a tangential curve concave to the north, said curve having a radius of 170.00 feet and a central angle of 11 degrees 10 minutes 40 seconds for a distance of 33.17 feet to the intersection of the westerly line of the existing drainage and utility easement as dedicated on said TIMBER RIVER ESTATES; thence North 00 degrees 10 minutes 41 seconds West, along said westerly line and not tangent to said described curve, a distance of 102.92 feet; thence North 16 degrees 07 minutes 04 seconds East, along said westerly line, a distance of 45.49 feet; thence North 51 degrees 10 minutes 11 seconds East a distance of 18.00 feet; thence North 85 degrees 00 minutes 45 seconds East a distance of 55.83 feet to the point of beginning of the land to be described; thence South 57 degrees 16 minutes 17 seconds East a distance of 82.87 feet to the east line of said Lot 12; thence North 17 degrees 47 minutes 05 seconds East, along said east line, a distance of 91.80 feet thence northeasterly along a tangential curve concave to the east, said curve having a radius of 260.00 feet and a central angle of 04 degrees 27 minutes 47 seconds for a distance of 20.25 feet; thence North 89 degrees 22 minutes 39 seconds West, not tangent to last described curve, a distance of 116.80 feet, thence South 75 degrees 55 minutes 14 seconds West a distance of 9.64 feet; thence South 16 degrees 07 minutes 04 seconds West a distance of 23.72 feet; thence South 46 degrees 18 minutes 16 seconds East a distance of 39.24 feet; thence South 01 degree 24 minutes 34 seconds West a distance of 10.72 feet to the point of beginning. EXCEPT the easterly 10.00 feet thereof. AND Commencing at the Southeast Comer of Said Lot 12; thence on an assumed bearing of North 89 degrees 42 minutes 43 seconds West, along the southerly line of said Lot 12, a distance of 97.74 feet to the point of beginning; thence North 09 degrees 21 minutes 50 seconds West a distance of 121.70 feet; thence North 08 degrees 29 minutes 12 seconds East a distance of29.30 feet to the westerly line of the existing drainage and utility easement as dedicated on said TIMBER RIVER ESTATES; thence South 16 degrees 07 minutes 04 seconds West, along said easement line, a distance of 45.49 feet; thence South 00 degrees 10 minutes 41 seconds East, along said easement line, a distance of 102.92 feet to said southerly line of Lot 12; thence easterly, along said southerly line, to the point of beginning. EXCEPT the southerly 10.00 feet thereof. \ , ) 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) The area vacated shall conform to Exhibit A and to the legal description stamped May 13, 2005. Adopted by the City Council of the City of Andover on this ih day of June, 2005. CITY OF ANDOVER ATTEST Il.:/;:;-__ ~J (j./L; Victoria V olk, City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO RI08-05 A RESOLUTION APPROVING THE FINAL PLAT OF "SILVER MEADOWS WEST" FOR CHET WIELOCH LOCATED AT 16134 V ALLEY DRIVE NW (P.I.D. 18-32-24-13-0006) AND LEGALLY DESCRIBED AS; Tract A, Registered Land Survey No. 69, Anoka County, Minnesota WHEREAS, the City Council has approved the preliminary plat ofthe project to be known as Silver Meadows West; and WHEREAS, the Developer has presented the final plat of Silver Meadows West; and WHEREAS; the Andover Review Committee has reviewed such final plat for conformance with the preliminary plat. .. NOW, THEREFORE, BE IT RESOLVED by the City Council ofthe City of Andover to hereby approve the final plat of Silver Meadows West contingent upon the following: 1. The Final Plat shall conform to the drawing stamped received by the City of Andover on May 27,2005. 2. Such plat approval is contingent upon a development agreement acceptable to the City Attorney. A financial guarantee will be required as a part ofthis agreement to assure all of the subdivision improvements will be completed. 3. The final plat shall not be signed by the Mayor and Clerk until there is an executed Development Contract & all associated fees, escrows and bonds have been paid. 4. The developer shall provide an escrow for the uncompleted grading of the site which is to be determined by the City Engineer or if the site grading is completed, a letter from the developer's engineer that lots are graded according to the approved grading plan. 5. The applicant shall be required to provide a separate twenty foot wide ernergency access/trail easement for access from CSAH 7 to the southern cul-de-sac. 6. The developer shall provide any additional right-of-way for CSAH 58 required by Anoka County and to make any adjustments necessary to the plat to conform to City requirements. 7. Developer is responsible for obtaining all permits from Anoka County Highway Department, U.S. Army Corps of Engineers, DNR, LGU, Lower Rum River Watershed Management Organization, MPCA and any other agency that may be interested in the site. 8. Park Dedication shall be paid in the amount of$34,875. 9. Trail fees shall be paid in the amount of$8,475. Adopted by the City Council of the City of Andover this 7th day of June, 2005. CITY OF ANDOVER AT~~ IJ,/b Victoria V olk, City Clerk 2 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RESOLUTION NO. 107-05 A RESOLUTION REQUIRING ALL MAILBOXES BE GROUPED AT THE ENTRANCE OF CUL-DE-SACS. WHEREAS, the placement of mailboxes in cul-de-sacs can affect winter maintenance and snow storage capabilities; and WHEREAS, the placement of mailboxes in cul-de-sacs can affect postal delivery services; and WHEREAS, the United States Postal Service and the Andover Public Works Division recommend mailboxes be outside of the cul-de~sac radius and placed on the straight section of roadway entering the cul~de-sac. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover: 1. The Mayor and City Administrator are hereby authorized and directed to implement the policy of requiring all mailboxes to be located outside of the cul-de-sac radius as defmed below. 2. Mailbox placernent on cul-de-sac streets in all new developments, as well as existing developments, is limited to the straight section of roadway leading into the cul-de-sac. Mailboxes are prohibited from the radius of the cul-de-sac. Adopted by the City Council of the City of Andover this 7th day of June. 2005. CITY OF ANDOVER Attest: 1l'i:,~.1 IJLb Victoria V olk - City Clerk / CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO 106-05 A RESOLUTION APPROVING THE FINAL PLAT OF "BIRCH POINT ESTATES" AS BEING DEVELOPED BY LARRY EMMERICH LOCATED NORTH OF 161 ST AVENUE NW AND WEST OF COUNTRY OAKS WEST, LEGALLY DESCRIBED AS: That part ofthe South Half of the Northwest Quarter of Section 14, Township 32, Range 24, Anoka County, Minnesota which lies Easterly of the following described Line A: Commencing at the Southeast comer of said South Half of the Northwest Quarter of Section 14; thence North 0 degrees 18 minutes 42 seconds East along the East line of said South Half of the Northwest Quarter, as distance of 495.51 feet to the Point of Beginning of said Line A; thence North 46 degrees 55 minutes 20 seconds West, a distance of262.00 feet; thence North 17 degrees 47 minutes 32 seconds West, a distance of238.70 feet, thence North 38 degrees 23 minutes 22 seconds East, a distance of304.00 feet; thence North 82 North 82 degrees 36 minutes 28 seconds East, a distance of79.75 feet to the East line of said South Half of the Northwest Quarter and said Line A there terminating. WHEREAS, the City Council has approved the preliminary plat of the project to be known as "Birch Point Estates"; and WHEREAS, the Developer has presented the final plat of "Birch Point Estates"; and WHEREAS; the City Engineer has reviewed such final plat for conformance with the preliminary plat. NOW, THEREFORE, BE IT RESOLVED by the City Council ofthe City of Andover to hereby approve the final plat of "Birch Point Estates" contingent upon receipt of the following: 1. The final plat shall conform in all other respects to the plan stamped received by the City of Andover dated June 1,2005. 2. The City Attorney presenting a favorable title opinion. 3. Security for legal and engineering costs as determined by the City Engineer. 4. The developer shall provide escrow for any uncompleted grading of the site which is to be determined by the City Engineer or if the site grading is completed, a letter from the developer's engineer that lots are graded according to the approved grading plan. 5. The final plat shall not be signed by the Mayor and Clerk until there is an executed Development Contract & all associated fees, escrows and bonds have been paid. 6. The developer obtains all necessary permits from the Coon Creek Watershed District, DNR, Corps of Engineers, LGU, MPCA and any other agency that may be interested in the site. 7. Approval of Association Documents by City Staff and the City Attorney. The developer shall also provide to the City proof of recording the association documents. 8. Developer is responsible for obtaining all permits from U.S. Army Corps of Engineers, DNR, LGU, Coon Creek Watershed District, MPCA and any other agency that may be interested in the site. 9. Park Dedication shall be paid in the amount of$11,625. 10. Trail fees shall be paid in the amount of $2,825. Adopted by the City Council of the City of Andover this 7th day of June 2005. A TIEST: J h (l:/;;;:.J (J~ Victoria V olk, City Clerk CITY OF ANDOVER -O//~~ ~ichael R. Gamac e, Mayor . / CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 105-05 MOTION by Council member Jacobson to adopt the following: A RESOLUTION ACCEPTING A DONATION MADE TO THE CITY OF ANDOVER TOWARD THE DEVELOPMENT OF PROJECT NO. 03-1A. PRAIRIE KNOLL PARK LIGHTING. WHEREAS, any donations that are to be made to the City of Andover must be accepted by the City Council; and WHEREAS. the $18.000.00 cash donation from the Andover Football Association is for the development of Prairie Knoll Park Lighting, Project 03-1 A. NOW. THEREFORE BE IT RESOLVED by the City Council to hereby accept the donation. which is to be used towards the development of Prairie Knoll Park Lighting. ) MOTION seconded by Councilmember Trude and adopted by the City Council at a reqular meeting this 7th day of June , 2005 . with Councilmembers Jacobson, Trude. Orttel. Kniqht. Gamache voting in favor of the resolution. and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: ()~~ /)ffi Victoria Volk - City Clerk , / MOTION by Council member CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 104-05 Jacobson to adopt the following: A RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR THE IMPROVEMENT OF PROJECT NO. 05-2 FOR 2005 OVERLAYS. WHEREAS. pursuant to advertisement for bids as set out in Council Resolution No. 073-05 ,dated April 19, 2005. bids were received, opened and tabulated according to law with results as follows: Bauerly Companies Universal Enterprises of Mid-MN. Inc. North Valley. Inc. $662,488.77 $746.645.73 $760.924.46 NOW. THEREFORE. BE IT RESOLVED by the City Council of the City of Andover to hereby accept the bids as shown to indicate Bauerly Companies as being the apparent low bidder. i BE IT FURTHER RESOLVED TO HEREBY direct the Mayor and City Clerk to enter into a contract with Bauerly Companies in the amount of $ 662.488.77 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 Trude City Council at a reQular meeting this 7th day of June Council members Jacobson. Trude. Orttel. Kniqht. Gamache of the resolution, and Council members none against. whereupon said resolution was declared passed. and adopted by the . 2005 , with voting in favor voting CITY OF ANDOVER ATTEST: -#?J c:6 l~ . hael R. Gamache - Mayor . / t1Jk~ U.r!.b Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 103-05 MOTION by Council member Jacobson to adopt the following: A RESOLUTION ACCEPTING FEASIBILITY STUDY AND WAIVING PUBLIC HEARING FOR THE IMPROVEMENT OF PROJECT NO. 05-22 FOR SANITARY SEWER & WATERMAIN IN THE FOLLOWING AREA OF LOTS 2 & 3, BLOCK 1/HANSON MEADOWS. WHEREAS. the City Council did on the 3rd day of May . 2005, order the preparation of a feasibility study for the improvement; and WHEREAS. such feasibility study was prepared by the City Enqineer and presented to the Council on the 7th day of June ,2005; 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 $ 46.691.91 NOW, THEREFORE. BE IT RESOLVED by the City Council of the City of Andover to hereby receive the feasibility report with an estimated total cost of improvements of $ 46.691.91 and waive the Public Hearing. MOTION seconded by Councilmember Trude and adopted by the City Council at a reqular meeting this 7th day of June . 2005 . with Councilmembers Jacobson. Trude, Orttel. KniQht. Gamache voting in favor of the resolution. and Councilmembers none yoting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: --;&~"e ~ chael R. Gamache - Mayor (ly;w()./f; , Victoria Volk - City Clerk / MOTION by Council member CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 102-05 Jacobson to adopt the following: A RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR THE IMPROVEMENT OF PROJECT NO. 04-52A FOR WELL #9fTRANSMISSION LINE. WHEREAS. pursuant to advertisement for bids as set out in Council Resolution No. 073-05 ,dated April 19, 2005, bids were received. opened and tabulated according to law with results as follows: Volk Sewer & Water S.R. Weidema Three Rivers $457,842.40 $483.300.02 $564.837.65 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 as being the apparent low bidder. '. j BE IT FURTHER RESOLVED TO HEREBY direct the Mayor and City Clerk to enter into a contract with Volk Sewer & Water in the amount of $457,842.40 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 Trude City Council at a reqular meeting this 7th day of June Council members Jacobson, Trude. Orttel. KniQht. Gamache of the resolution, and Council members none against, whereupon said resolution was declared passed. and adopted by the . 2005 . with voting in favor voting CITY OF ANDOVER ATTEST: . j ctt:~~ ()~ Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 101-05 MOTION by Council member Jacobson to adopt the following: A RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR THE IMPROVEMENT OF PROJECT NO. 04-52 FOR WELL #9/DRILLlNG . WHEREAS. pursuant to advertisement for bids as set out in Council Resolution No. 071-05 . dated April 19. 2005, bids were received. opened and tabulated according to law with results as follows: Mark J. Traut Wells. Inc. Bergerson-Caswell $106,765.00 $134,065.00 NOW. THEREFORE. BE IT RESOLVED by the City Council of the City of Andover to hereby accept the bids as shown to indicate Mark J. Traut Wells. 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 Mark J. Traut Wells. Inc. in the amount of $106.765.00 for construction of the improvements; and direct the City Clerk to return to all bidders the deposits made with their bids, except that the deposit of the successful bidder and the next lowest bidder shall be retained until the contract has been executed and bond requirements met. MOTION seconded by Council member Trude City Council at a reqular meeting this 7th day of June Council members Jacobson. Trude. Orttel. KniQht. Gamache of the resolution. and Council members none against. whereupon said resolution was declared passed. and adopted by the , 2005 , with voting in favor voting CITY OF ANDOVER ATTEST: {2,/;;/J ()/iV Victoria Volk - City Clerk J CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 100-05 MOTION by Council member Jacobson to adopt the following: A RESOLUTION DECLARING ADEQUACY OF PETITION AND ORDERING PREPARATION OF A FEASIBILITY REPORT FOR THE INTERSECTION IMPROVEMENTS. PROJECT NO. 05-34. IN THE AREA OF BLUEBIRD STREET NW & HANSON BOULEVARD NW. WHEREAS, the City Council has received a petition. dated May 17. 2005 requesting the construction of improvements; and WHEREAS, such petition has been validated to represent the signatures of more than 50% of the affected property owners requesting such improvement. NOW. THEREFORE, BE IT RESOLVED by the City Council of the City of Andover that: . I 1. The petition is hereby declared to be more than 50% of owners of property affected. 2. Escrow amount for feasibility report is $5.000 3. The proposed improvement is hereby referred to the City EnQineer and he is instructed to provide the City Council with a feasibility report. MOTION seconded by Council member Trude City Council at a reQular meeting this 1 ih and adopted by the day of May . 2005, with Councilmembers Jacobson. Trude. Orttel. Kniqht. Gamache voting in favor of the resolution. and Council members none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: iJ~ ad Victoria Volk - City Clerk \ ) CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO R099-05 A RESOLUTION APPROVING THE PRELIMINARY PLAT OF "SILVER MEADOWS WEST" FOR CHET WIELOCH LOCATED AT 16134 VALLEY DRIVE NW (P.I.D. 18-32-24- 13-0006) LEGALLY DESCRIBED AS; Tract A, Registered Land Survey No. 69, Anoka County, Minnesota WHEREAS, the Andover Review Committee has reviewed the preliminary plat; and WHEREAS, pursuant to published and mailed notice thereof, the Planning and Zoning Commission has conducted a public hearing on said plat; and WHEREAS, as a result of such public hearing, the Planning and Zoning Commission recommends to the City Council the approval of the plat. WHEREAS, the applicant has petitioned to vary from City Code 11-3-3 to allow two streets to terminate in cul-de-sacs that to exceed 500 feet length, and; , / WHEREAS, the Planning Commission finds the special circumstances for the proposed variance are the topography of the property prevents the cul-de-sacs from being connected, access to the site can only be provided from county roads where access restrictions exist and that an emergency access will be provided to the southern cul-de-sac to preserve two access points. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby agrees with the recommendation of the Planning and Zoning Commission and approves the preliminary plat with the following conditions: 1. The Preliminary Plat shall conform to the plans revised May 2, 2005 except so as to be modified as follows: a. As required by the Lower Rum River Watershed Management Organization, the Engineering Department and TKDA prior to final plat approval. 1. The developer shall conform to the requirements of the Anoka County Highway Department. 2. The developer obtains all necessary permits from the DNR, Corps of Engineers, LGU, MPCA and any other agency that may be interested in the site. , / 3. Park dedication and trail fees shall be paid on a per unit basis for each of the lots in the proposed development. J 4. Variances to City Code 11-3-6G. are granted to allow two streets to terminate in a cul-de- sac exceeding 500 feet in length. 5. Contingent upon staffreview and approval for compliance with City ordinances, policies and guidelines and a development agreement acceptable to the City Attorney. A financial guarantee will be required as a part ofthis agreement to assure typical subdivision improvements will be completed. 6. The emergency access shown on the preliminary plat shall be provided with a separate document. Adopted by the City Council of the City of Andover this 17th day of May, 2005. CITY OF ANDOVER A TIEST: {L.:t~ (J~ Victoria Yolk, City Clerk -' CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO R098-05 A RESOLUTION APPROVING THE PRELIMINARY PLAT OF "SOPHIE'S SOUTH" FOR HARSTAD COMPANIES AND MERIT DEVELOPMENT, LOCATED ON PROPERTY LEGALLY DESCRIBED AS; That part of the west half of the northeast quarter of Section 23, Township 32, Range 24 lying southerly of Crosstown Boulevard (County Road 18) except that part for railroad as described in Book 27 of Deeds, Page 480 and except that part of the southwest quarter of the northeast quarter of Section 23, Township 32, Range 24, described as follows: From the southwest corner of said southwest quarter of the northeast quarter; distance of 880 feet, more or less, to the centerline of the public highway; thence North 52 degrees east on the said centerline of public road a distance of 535 feet to the actual point of beginning; thence southeasterly at right angles 208.6 feet; thence southwesterly at right angles 208.6 feet, thence northwesterly at right angles 208.6 feet to the point of beginning, except public road right of way; and That part of the northwest quarter of Section 23, Township 32, Range 24 lying southerly of Crosstown Boulevard (County Road 18). WHEREAS, the Andover Review Committee has reviewed the preliminary plat; and WHEREAS, pursuant to published and mailed notice thereof, the Planning and Zoning Commission has conducted a public hearing on said plat, and; WHEREAS, as a result of such public hearing, the Planning and Zoning Commission recommends to the City Council the approval of the plat, and; WHEREAS, the applicant has petitioned to vary from City Code 11-3-3 to allow streets to terminate in cul-de-sacs that to exceed 500 feet length, and; WHEREAS, the applicant has petitioned to vary from City Code 11-3-2 to allow lots to front onto a collector street, and; WHEREAS, the Planning Commission finds the special circumstances for the proposed variances are that access to the site can only be provided from county roads where access restrictions exist and that additional accesses will be available in the future when the adjacent land develops; and that it is likely that in the future the collector street will be classified as a "minor collector street" and would be allowed to have lots front onto it. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby agrees with the recommendation of the Planning and Zoning Commission and approves the preliminary plat with the following conditions: 1. The Preliminary Plat shall conform to the plans revised June 4, 2005 and stamped received on June 4, 2005, except so as to be modified as follows: -' a. As required by the Coon Creek Watershed Management Organization, the Engineering Department, and TKDA prior to final plat approval 2. No grading of the site shall be allowed until a grading plan is approved. 3. The developers shall obtain all necessary permits from the DNR, Corps of Engineers, LGU, MPCA and any other agency that may be interested in the site. 4. Park dedication shall be paid per City Code 11-3-7, with credit for dedicated park land. 5. Trail fees shall be paid on a per lot basis for each of the lots in the proposed development. 6. A variance to City Code 11-3-6G is granted to allow a street terminating in a cul-de-sac to exceed 500 feet in length. 7. A variance to City Code 11-3-2 is granted to allow lots to front onto a collector street. 8. Contingent upon approval by the Anoka County Highway Department and conforming to plans reviewed and approved by the City of Andover, the developer shall construct an emergency vehicle access road and all necessary improvements as required by the City and County, over the emergency access easement on Lot 15, Block 1. , 9. Contingent upon staff review and approval for compliance with City ordinances, policies and guidelines and a development agreement acceptable to the City Attorney. A financial guarantee will be required as a part of this agreement to assure typical subdivision improvements will be completed. 10. The road right-of-way at the west end of 152nd Lane NW shall be extended to the southern edge of the plat to provide a future road connection to the adjacent property. 11. Outlot A shall be offered to adjoining property owners at the time that the property on the east side of the Burlington Northern Railroad is developed. 12. The preliminary plat approval is contingent upon the property being rezoned to the R-4 Single Family Urban land use classification. 13. Any grading done on the site prior to rezoning shall be done at the developers' own risk. 14. The failure on the part of the petitioner to obtain final plat approval within one year from the date of this approval shall deem the preliminary approval to be null and void. Adopted by the City Council of the City of Andover this 17th day of May, 2005. ATTE~T: 1/ / ,Lth;~ udU Victoria V olk, City Clerk CITY OF ANDOVER -:7.-# ) , \ / , \ / , / CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO R097-05 A RESOLUTION APPROVING THE FINAL PLAT OF "COUNTRY OAKS WEST" FOR PENTAGON HOLDINGS ON PROPERTY LEGALLY DESCRIBED ON EXHIBIT A WHEREAS, the City Council has approved the preliminary plat of the project to be known as "Country Oaks West"; and WHEREAS, Pentagon Holdings has presented the final plat of Country Oaks West; and WHEREAS; the Andover Review Committee has reviewed such final plat for conformance with the preliminary plat. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby approve the final plat of Country Oaks West contingent upon receipt of the following: 1. The final plat shall conform to the plan stamped received by the City of Andover on May 4,2005. 2. The developer shall be responsible for the cost of construction of all improvements approved as a part of the preliminary plat. 3. The developer shall provide a temporary street, drainage and utility easement for the temporary cul-de-sac of Wintergreen Street NW. 4. Trail fees shall be paid for each buildable lot at the rate in effect at the time of preliminary plat approval. 5. Park dedication shall be a combination ofland as shown on the final plat and cash in the amount of $192,966 as calculated under the requirements of City Code 11-3-7. 6. Such plat approval is contingent upon a development agreement acceptable to the City Attorney. A financial guarantee will be required as a part of this agreement to assure all of the subdivision improvements will be completed. 7. Subject to final review of City Staff for compliance with City ordinances, policies, guidelines and conditions of preliminary and final plat approval. 8. Developer is responsible for obtaining all permits from U.S. Army Corps of Engineers, DNR, LGU, watershed district, MPCA and any other agency that may be interested in the site. 9. Subject to all conditions of the preliminary plat resolution dated November 3, 2004. Adopted by the City Council of the City of Andover this 17th day of May, 2005. CITY OF ANDOVER A '7.lST: , ;t;,;.- t),IL Victoria V olk, City Clerk J EXHIBIT A COUNTRY OAKS WEST LEGAL DESCRIPTION (P.I.D. 14-32-24-12-0004) All that part of the Northeast Quarter (NE '/4) of Section Fourteen (14), Township Thirty- two (32), Range Twenty-Four (24), Anoka County, Minnesota, lying on the Westerly side of the right of way of the Eastern Railway Company of Minnesota except a strip ofland in the Northeast corner thereof described as follows: Commencing at a point where said Railroad intersects the North line of said Northeast Quarter (NE '/4) of Section Fourteen (14), Township Thirty-two (32), Range Twenty-four (24); thence South along the Westerly side of said right of way, Thirty-two (32) rods more or less to the private crossing of said property; thence West at right angles Three (3) rods; thence North at right angles and parallel with said railway right of way Thirty-two (32) rods more or less to the North line of said Northeast Quarter (NE '/4) of Section Fourteen (14), Township Thirty-two (32), Range Twenty-four (24); thence East at right angles Three (3) rods to the point of commencement, ALSO EXCEPT, The West Three hundred (300) feet of the South Three hundred and sixty-three (363) feet of the Northeast Quarter (NE '/4) of Section Fourteen (14), Township Thirty-two (32), Range Twenty-four (24), lying on the Westerly side of the right of way of the Eastern Railway Company of Minnesota, / AND ALSO EXCEPT, That part of the south 325.00 feet of the Northeast Quarter of Section 14, Township 32, Range 24, Anoka County, Minnesota, lying westerly of the westerly right-of-way line of the Burlington Northern Railroad and lying easterly of the following described line: Commencing at the southwest corner of said Northeast Quarter; thence South 88 degrees 40 minutes 45 seconds East, assumed bearing, along the south line thereof, a distance of81O.81 feet to the point of beginning of the line to be described; thence North 1 degree 32 minutes 33 seconds East, a distance of325.00 feet to the north line of the south 325.00 feet thereof, and said line there terminating. \ / CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 096-05 MOTION by Councilmember Kniqht to adopt the following: A RESOLUTION ORDERING PLANS AND SPECIFICATIONS. APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR WELL #9 PUMPING UNIT . PROJECT NO. 04-52B. WHEREAS, the City Council is cognizant of the need for the well; and WHEREAS. such final plans and specifications were presented to the City Council for their review on the 17th day of May . 2005 . NOW. THEREFORE. BE IT RESOLVED by the City Council of the City of Andover to hereby approve the Final Plans and Specifications. , / BE IT FURTHER RESOLVED by the City Council of the City of Andover to hereby direct the City Clerk to seek public bids as required by law, with such bids to be opened at 10:00 a.m.. June 10. 2005 at the Andover City Hall. MOTION seconded by Councilmember Orttel and adopted by the City Council at a reQular meeting this 17th day of May . 2005 . with Councilmembers Trude. Orttel. Kniqht. Jacobson. Gamache voting in favor of the resolution. and Councilmembers against. whereupon said resolution was declared passed. none voting CITY OF ANDOVER ATTEST: tL:r~ OLL- Victoria Volk - City Clerk '. / , .' . CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RESOLUTION NO. O~5-05 REGARDING AMENDMENT OF THE AMENDED JOINT AND COOPERATIVE AGREEMENT FOR THE ADMINISTRATION OF A CABLE COMMUNICATIONS SYSTEM WHEREAS, The City of Andover, Minnesota (the "City") is a rnember of the Quad Cities Cable Communications Commission (the "Commission"), a rnunicipal joint powers board organized pursuant to a Joint and Cooperative Agreement for the Administration of a Cable Communications System, as amended ("Agreement"), adopted by the Cities of Andover, Anoka, Champlin, and Ramsey Minnesota (the "Member Cities") pursuant to Minn. Stat. S 471.59, as amended; and WHEREAS, the Commission and the Member Cities wish to amend the Agreement in order to eliminate superfluous provisions and to make other revisions needed to address desired changes in Commission operations and practices and the developrnent of competition in the provision of video and cable services; and WHEREAS, each of the Member Cities, including the City, must approve amendments to the Agreement. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover, Minnesota as follows: 1. That the title of the Agreement shall be amended to read as follows: 2. QUAD CITIES CABLE COMMUNICATIONS COMMISSION AMENDED AND RESTATED JOINT AND COOPERATIVE AGREEMENT FOR THE ADMINISTRATION OF CABLE FRANCHISES That Article II of the Agreement shall be amended to read as follows: The general purpose of this agreement is to establish an organization to monitor the operation and activities of cable communications, and in particular, the Cable Communications System(s) or other franchised video distribution systems ("System" or "System(s)") serving one or more of the Members; to provide coordination of administration and enforcement of the Franchises of the parties for their respective System(s); to produce, edit and transmit video programming for the parties of this agreement; to make video production, editing and studio facilities and equipment available to the citizens of the parties to this agreement; . .I to oversee any entity established for the purposes of producing and editing video programming, and making video production and editing facilities available to the citizens of the Members; to receive and review applications for cable television franchises, and to make recommendations to the appropriate Member(s); and to conduct such other activities authorized herein as may be necessary to insure equitable and reasonable rates and service levels for the citizens of the parties to this agreement. 3. That a new Article IV, Section 2 shall be inserted to read as follows: Section 2. "Board" means the Board of Directors comprised of those persons designated pursuant to Article VI of this agreement. 4. That Article IV, Section 2 of the Agreement shall be renumbered as Section 3. 5. That Article IV, Section 3 of the Agreement shall be renumbered as Section 4 and amended to read as follows: Section 4. "Council" means the governing body of a Member. 6. That Article IV, Section 4 of the Agreement shall be renumbered as Section 5 and amended to read as follows: . / Section 5. "Franchise" means a cable television franchise or other authorization to provide video services granted by one or more ofthe Members. 7. That Article IV, Section 5 of the Agreement shall be renumbered as Section 6 and amended to read as follows: Section 6. "Grantee" means any entity awarded a Franchise by a Member, and the entity's lawful successors, transferees and assignees. 8. That Article IV, Section 6 ofthe Agreement shall be renumbered as Section 7. 9. That Article V, Section 1 of the Agreement shall be amended to read as follows: Section 1. The municipalities of Andover, Anoka, Champlin and Ramsey, Minnesota are the initial Members of the Commission. Any municipality geographically contiguous to any of these named municipalities, and served by a cable communications systern or multichannel video programming distributor also serving one or rnore Members, may become a Member pursuant to the terms of this agreement. 10. That Article V, Section 2 of the Agreement shall be amended by striking the word "member" and replacing it "Member". 11. That Article V, Section 3 ofthe Agreement shall be stricken in its entirety. , .I 12. That Article V, Section 4 of the Agreement shall be renumbered Section 3 and amended to read as follow: 2 \ / 13. 14. 15. 16. . / , / Section 3. Municipalities desiring to become Mernbers after November 1, 1982, may be admitted by an affirmative vote of an absolute majority of the Directors of the Commission. The Commission may by resolution impose conditions upon the admission of additional Members. That Article VI, Section 1 of the Agreement shall be amended by striking the word "directors" and replacing it with "Directors". That Article VI, Section 2 of the Agreement shall be amended by striking the word "member" and replacing it with "Member". That Article VI, Section 4 of the Agreement shall be amended by striking the word "member" wherever it appears, and replacing it with "Member". That Article VI, Section 8 of the Agreement shall be amended by striking the word "member" and replacing it with "Member". 17. That Article VII, Section 1 of the Agreement shall be amended to read as follows: Section 1. A municipality may enter into this agreement by resolution of its council and the duly authorized execution of a copy of this agreement by its proper officers. Thereupon, the clerk or other appropriate officer of the municipality shall file a duly executed copy of this agreement, together with a certified copy of the authorizing resolution, with the Franchise Administrator or such other person designated by the Board. The resolution authorizing the execution of the agreement shall also designate the Directors for the municipality on the Commission, along with said Director's address and phone number. 18. That Article VII, Sections 3 and 4 of the Agreement shall be deleted in their entirety. 19. That Article VlI, Section 5 of the Agreement shall be renumbered Section 3 and amended to read as follows: Section 3. The Commission shall select from among the Directors a Chair, Vice-Chair, Secretary and Treasurer, adopt By-Laws governing its procedures including the tirne, place, notice for and frequency of its regular meetings, adopt a procedure for calling special meetings and such other matters as are required by this agreement. 20. That Article VIII, Section 3 of the Agreement shall be amended to read as follows: Section 3. The Commission shall undertake all tasks necessary to coordinate, administer, and enforce the Franchise(s) of each Member except for that authority and those tasks specifically retained by a Member. 21. That Article VIII, Section 4 of the Agreement shall be amended to read as follows: Section 4. The Commission shall continually review the operation and performance of the cable communications system(s) and other franchised video 3 distribution systems serving the Members and prepare annual reports if required by the FCC or any state agency with jurisdiction over the Commission. 22. That a new Article VIII, Section 5 shall be inserted to read as follows: Section 5. The Commission shall review and make recommendations concerning any Franchise applications and Franchise renewal applications or proposals received directly or by a Member. The Commission is authorized to adopt policies, procedures, standards and requirements concerning Franchise applications and Franchise renewal applications and proposals. 23. That Article VIII, Sections 5-7 ofthe Agreement shall be renumbered Section 6-8. 24. That Article VIII, Section 8 of the Agreement shall be renumbered Section 9 and amended to read as follows: The Commission may obtain from a Grantee and from any other source, such information relating to rates, costs, service levels, franchise compliance, compliance with applicable laws and regulations, and transfers of ownership or control as any Member or the Commission itself is entitled to obtain from Grantee or others. 25. That Article VIII, Section 9 of the Agreement shall be renumbered as Section 10. . .' 26. That Article VIII, Section 10 of the Agreement shall be renumbered as Section 11 and shall be amended by striking the word "members" wherever it appears and replacing it with "Members". 27. That Article VIII, Sections 11-12 of the Agreement shall be renumbered as Sections 12- 13. 28. That Article VIII, Section 13 of the Agreement shall be renumbered as Section 14 and amended to read as follows: , / Section 14. The Commission is given express authority to issue bonds, obligations and other forms of indebtedness to finance the Commission's purchase ofreal property and its construction and acquisition on that property of an operations/studio facility, to include the offices ofthe Commission (the "Project") in a principal amount not to exceed $1,500,000. In addition, the Commission is given express authority to issue bonds, obligations and other forms of indebtedness to refund such indebtedness issued to finance the Project. As provided in Minn. Stat. g 471.59, Subd. 11 the bonds, obligations and other forms of indebtedness shall be obligations of the Commission which is a joint board established by the Members and shall be issued subject to the conditions and limitations set forth in Minn. Stat. g 471.59, Subd. 11. The Commission may not pledge the full faith and credit or taxing power ofthe Members. Any additional bonds, obligations or other forms of indebtedness may not be issued by the Commission without the prior consent of the Members. 4 29. That Article VIII, Section 14 of the Agreement shall be renumbered Section 15 and amended by adding the word "purposes" after "powers". 30. That Article IX, Section 1 of the Agreement shall be amended to read as follows: , I Section 1. The officers of the Commission shall consist of a chair, a vice-chair, a secretary and a treasurer. 31. That Article IX, Section 2 of the Agreement shall be amended to read as follows: Section 2. A vacancy in the office of chair, vice-chair, secretary or treasurer shall occur for any of the reasons for which a vacancy in the office of a Director shall occur. Vacancies in these offices shall be filled by the Commission for the unexpired portion ofthe term. 32. That Article IX, Section 3 of the Agreement shall be amended by striking the word "three" and replacing it with the word "four" and by striking the word "members" and replacing it with the word "Members". 33. That Article IX, Section 5 of the Agreement shall be amended to read as follows: . / 34. Section 5. The secretary or such other person or entity designated by the Commission shall be responsible for keeping a record of all the proceedings of the Commission and executive committee. That Article IX, Section 6 of the Agreement shall be amended by striking the term "secretary-treasurer" wherever it appears, and replacing it with the word "treasurer". \ 35. That Article X, Section 2 of the Agreement shall be amended by adding the phrase "or the Franchise Administrator, to the extent permitted by and in accordance with applicable law" after the word "officers" in the second sentence, and by deleting the term "secretary-treasurer" and replacing it with the word "treasurer". 36. That Article X, Section 3 of the Agreement shall be arnended by deleting the term "member" wherever it appears and replacing it with the word "Members". 37. That Article X, Section 4 of the Agreement shall be amended to read as follows: 38. Section 4. A proposed budget for the ensuing calendar year shall be formulated by the Commission and submitted to the Members on or before August 1 of each year. Such budget shall be deemed approved by a Member unless, prior to October 15 preceding the effective date of the proposed budget, the Member gives notice in writing to the Commission that it is withdrawing from the Commission, subject to Article XI, Section 2 ofthis Agreement. Final action adopting a budget for the calendar year shall be taken by the Commission on or before November 1 of each year. That Article X, Section 5 of the Agreement shall be amended by striking the term "member" and replacing it with "Member". , / 39. That Article XI, Section 1 of the Agreement shall be amended to read as follows: 5 Section 1. The Commission shall continue for an indefinite term. The Commission rnay be terminated by mutual agreement of a majority of the Members at any time provided that the Commission shall continue to exist as long as any bonds described in Article VIII, Section 14 ofthis agreement remain outstanding. 40. That Article XI, Section 2 of the Agreement shall be amended by deleting the term "Member Cities" in the first sentence and replacing it with "Members", by deleting the term "cable communications system" in the first sentence and replacing it with the phrase "original cable communications system serving the Members", by deleting the term "City" in the second sentence, by striking the term "member" wherever it appears and replacing it with the word "Member", by striking the term "secretary-treasurer" and replacing it with the word "treasurer" and by striking the term "system" in the last sentence and replacing it with "System(s)". 41. That Article XI, Section 3 of the Agreement shall be amended by striking the term "member" wherever it appears and replacing it with "Member" and by striking the term "members" and replacing it with the word "Members". 42. That the appropriate City officer(s) are authorized to take such actions as may be necessary or desirable to implement the amendments specified in this Resolution, including the execution on behalf of the City of an amendment to or an amendment and restatement of the Agreement. This Resolution shall be effective immediately. Passed and adopted this 17th day of May ,2005. CITY OF ANDOVER, MINNESOTA ATTEST: ILL f),,/,t Victoria Volk, City Clerk Counei 1 member Trunp moved the adoption of the foregoing Resolution, and Councilmember ~Orttel duly seconded that motion. Upon a vote being taken thereon the following members of the Council voted in favor thereof: Gamache, Jacobson, Knight, Orttel, Trude and the following voted against the same: None Whereupon said Resolution was declared duly passed and adopted. 6 I, the undersigned, being the duly qualified and acting City Clerk of the City of Andover, Minnesota, DO HEREBY CERTIFY that I have carefully compared the attached and foregoing extract of minutes with the original minutes of a meeting of the City Council duly called and held on the date therein indicated, which are on file and ofrecord in my office, and the same is a full, true and complete transcript therefrom insofar as the same relates to a resolution of the Council consenting to the amendment of the joint powers agreement for the Quad Cities Cable Communications Commission. WITNESS my hand as such City official and the official seal of the City this 17th day of May ,2005. tL~:- !)~ City Clerk (SEAL) " .I 7 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO R094-05 A RESOLUTION APPROVING THE FINAL PLAT OF "KIMBERLY OAKS" FOR DALE HOWARD ON PROPERTY LEGALLY DESCRIBED AS The Northwest Quarter of the Northwest Quarter of Section 15, Township 32, Range 24, excepting therefrom the South 1 rod thereof (P.LD. 15-32-24-22-0001) WHEREAS, the City Council has approved the preliminary plat ofthe project to be known as "Kimberly Oaks"; and WHEREAS, the Developer has presented the final plat of Kimberly Oaks; and WHEREAS; the City Engineer has reviewed such final plat for conformance with the preliminary plat. I NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby approve the final plat of Kimberly Oaks contingent upon receipt of the following: 1. Outlot A and Outlot B shall be combined with the adjoining property to the east (P.LD. 15-32-24-21-0001). 2. The final plat shall conform to the plan stamped received by the City of Andover on May 4,2005. 3. The developer shall be responsible for the cost of construction of all improvements approved as a part of the preliminary plat. 4. The developer shall provide a temporary street, drainage and utility easement for the temporary cul-de-sac of Uplander Street NW. 5. Such plat approval is contingent upon a development agreement acceptable to the City Attorney. A financial guarantee will be required as a part of this agreement to assure all of the subdivision improvements will be completed. 6. Subject to final review of City Staff for compliance with City ordinances, policies, guidelines and conditions of preliminary and final plat approval. 7. Developer is responsible for obtaining all permits from U.S. Army Corps of Engineers, DNR, LGU, watershed district, MPCA and any other agency that may be interested in the site. 8. Park dedication and trail fees shall be paid for each buildable lot at the rate in effect at the time of preliminary plat approval. 9. Subject to all conditions of the preliminary plat resolution dated October 19, 2004. Adopted by the City Council of the City of Andover this 1 ih day of May, 2005. CITY OF ANDOVER , / A TIEST: !1 :;t. ~ , L/.,/b Victoria V olk, City Clerk '\ ) CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 093-05 MOTION by Council member Trude to adopt the following: A RESOLUTION ORDERING PLANS AND SPECIFICATIONS. APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR CITY HALL HVAC REPLACEMENT ,PROJECT NO. 05-13. WHEREAS. the City Council is cognizant of the need for the replacement; and WHEREAS. such final plans and specifications were presented to the City Council for their review on the 17th day of May , 2005 . NOW. THEREFORE. BE IT RESOLVED by the City Council of the City of Andover to hereby approve the Final Plans and Specifications. BE IT FURTHER RESOLVED by the City Council of the City of Andover to hereby direct the City Clerk to seek public bids as required by law, with such bids to be opened at 10:00 a.m. June 17. 2005 at the Andover City Hall. MOTION seconded by Councilmember o rtte I and adopted by the City Council at a reqular meeting this 1 ih day of May , 2005 . with Councilmembers Trude. Orttel. KniQht. Jacobson. Gamache voting in favor of the resolution. and Councilmembers against. whereupon said resolution was declared passed. none voting CITY OF ANDOVER ATTEST: ~~ ()..Ib Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 092-05 MOTION by Councilmember Trude to adopt the following: A RESOLUTION APPROVING CHANGE ORDER #....1- TO PROJECT NO. 05-03. 2005 CRACK SEALING. WHEREAS. the City of Andover has a contract for Project No. 05-03 with Precision Sealcoatinq, Inc. of Princeton. WI NOW THEREFORE, BE IT RESOLVED by the City Council of Andover to hereby approve the change order to Project No. 05-03. Adopted by the City Council of the City of Andover this May ,2005. 17th day of / CITY OF ANDOVER ATTEST: ~~ O../..L- Victoria Volk - City Clerk l \ ) CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 091-05 MOTION by Council member Trude to adopt the following: A RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR PROJECT NOS. 04-32 (CROSSTOWN BOULEVARD NW & XEON STREET NW) & 04-33 (CROSSTOWN BOULEVARD NW & 1591H AVENUE NW) FOR INTERSECTION IMPROVEMENTS. WHEREAS. pursuant to advertisement for bids as set out in Council Resolution Nos. 057-05 & 058-05 . dated April 5. 2005. bids were received, opened and tabulated according to law with results as follows: Bauerly Companies Central Landscaping Universal Enterprises $482.799.37 $528.784.25 $535.999.30 NOW. THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby accept the bids as shown to indicate Bauerly Companies as being the apparent low bidder. / BE IT FURTHER RESOLVED TO HEREBY direct the Mayor and City Clerk to enter into a contract with Bauerly Companies in the amount of $ 482,799.37 (Base & Alternate Bid) 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 Orttel and adopted by the City Council at a reqular meeting this 17th day of May . 2005 . with Council members Trude. Orttel. Kniqht. Jacobson. Gamache voting in favor of the resolution. and Council members none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: " Il_.;/:,~_, LJ/b Victoria Volk - City Clerk " CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 090-05 MOTION by Council member Trude to adopt the following: A RESOLUTION APPROVING FINAL PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR STREETS & STORM SEWER FOR WINTERGREEN STREET NW (NORTH OF 16151 AVENUE NW) THROUGH COUNTRY OAKS WEST AND TURN LANE IMPROVEMENTS TO 16151 AVENUE NW ,PROJECT NO. 05-18. WHEREAS. pursuant to Resolution No. 078-05, adopted by the City Council on the 3rd day of May . 2005. TKDA has prepared final plans and specifications for Project 05-18 for Winterqreen Street NW LiqhtinQ. WHEREAS, such final plans and specifications were presented to the City Council for their review on the 1 ih day of May . 2005 . NOW. THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby approve the Final Plans and Specifications. I BE IT FURTHER RESOLVED by the City Council of the City of Andoyer to hereby direct the City Clerk to seek public bids as required by law, with such bids to be opened at 10:00 a.m. . June 16 ,2005 at the Andover City Hall. MOTION seconded by Council member City Council at a reqular meeting this 17th Orttel and adopted by the day of May , 2005 , with Council members Trude. Orttel. KniQht. Jacobson. Gamache voting in favor of the resolution. and Council members none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: \ --' ~tJ~ Victoria Volk - City Clerk \ _J CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 089-05 A RESOLUTION DESIGNATING NO PARKING ALONG BOTH SIDES OF WINTERGREEN STREET NW BETWEEN 161sT AVENUE NW (CSAH 20) AND 165TH AVENUE NW IN COUNTRY OAKS WEST, PROJECT 05-18. WHEREAS. no parking will be allowed along both sides of Wintergreen Street NW between 161st Avenue NW (CSAH 20) and 165th Avenue NW Through Proposed Country Oaks West; and NOW. THEREFORE. BE IT RESOLVED by the City Council of the City of Andover to designate the no parking zone. Adopted by the City Council of the City of Andover this 17th day of May 2005. '\ '- / ATTEST: ~~L Ichael R. Ga ache - Mayor tl:d;~ tJ..tb Victoria Volk - City Clerk , / / CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 088-05 MOTION by Council member Trude to adopt the following: A RESOLUTION ACCEPTING FEASIBILITY STUDY AND WAIVING PUBLIC HEARING FOR THE IMPROVEMENT OF PROJECT NO. 05-31 FOR WATER MAIN IN THE FOLLOWING AREA OF 13511 ROUND LAKE BOULEVARD NW. WHEREAS, the City Council did on the 3rd day of May 3 . 2005. order the preparation of a feasibility study for the improvement; and WHEREAS, such feasibility study was prepared by City Enqineer and presented to the Council on the 17th day of May . 2005 ; 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 $ 4.484.04 NOW. THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby receive the feasibility report with an estimated total cost of improvements of $ 4.484.04 ,waive the Public Hearing and order improvements. I MOTION seconded by Councilmember Orttel and adopted by the City Council at a reqular meeting this 17th day of ~. 2005 , with Councilmembers Trude, Orttel. Kniqht. Jacobson, Gamache voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: ~,()~ Victoria Volk - City Clerk . / j CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 087-05 MOTION by Council member Trude to adopt the following: A RESOLUTION ORDERING PLANS AND SPECIFICATIONS. APPROVING PLANS AND SPECIFICATIONS AND ORDERING QUOTES FOR STORM SEWER REPAIR, PROJECT NO. 04-56. IN THE AREA OF NAVAJO STREET NW. WHEREAS. the City Council is cognizant of the need for the storm sewer repair; and WHEREAS. such final plans and specifications were presented to the City Council for their review on the 17th day of May , 2005 . NOW. THEREFORE. BE IT RESOLVED by the City Council of the City of Andover to hereby approve the Final Plans and Specifications. BE IT FURTHER RESOLVED by the City Council of the City of Andover to hereby direct the City Engineer to obtain quotes as required by law, with such quotes to be opened at 10:00 a.m., June 1 . 2005 at the Andover City Hall. MOTION seconded by Councilmember Orttel and adopted by the City Council at a reqular meeting this 17th day of May . 2005 . with Councilmembers Trude. Orttel. Kniqht. Jacobson, Gamache voting in favor of the resolution. and Councilmembers against. whereupon said resolution was declared passed. none voting CITY OF ANDOVER ATTEST: ~ Ov/b Victoria Volk - City Clerk : CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 086-05 MOTION by Council member Trude to adopt the following: A RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR PROJECT NO. 04-46. HANSON BOULEVARD TRAIL. WHEREAS. pursuant to advertisement for bids as set out in Council Resolution No. 059-05 . dated April 5, 2005. bids were received, opened and tabulated according to law with results as follows: Peterson Companies. Inc. Bauerly Companies Universal Enterprises $42,798.80 $44.654.10 $47,979.16 NOW. THEREFORE, BE IT RESOLVED by the City Council of the City of Andoyer to hereby accept the bids as shown to indicate Peterson Companies. 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 Peterson Companies. Inc. in the amount of $ 42.798.80 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 Orttel and adopted by the City Council at a reqular meeting this 17th day of May . 2005 . with Council members Trude. Orttel. Kniqht. Jacobson, Gamache voting in favor of the resolution, and Council members none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: ~ tJdb Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 0 gS - 05 A RESOLUTION DESIGNATING NO PARKING ALONG BOTH SIDES OF 148TH AVENUE NW BETWEEN CROSSTOWN BOULEVARD NW & LINNET STREET NW. WHEREAS. the no parking zone is to be located on both sides of 148th Avenue NW between Crosstown Boulevard NW & Linnet Street NW between the hours of 7:30 a.m. to 3:00 p.m.. Monday-Friday from September 1st-June 10th. WHEREAS. the City Council is cognizant of the public nuisance. traffic hazard and congestion in the area; and ) NOW. THEREFORE. BE IT RESOLVED by the City Council of the City of Andover to designate a no parking zone. Adopted by the City Council of the City of Andover this 3rd day of May. 2005. ATTEST: ~4:~fAJ Mi ael R. Gamache - Mayor u~ {I;/v Victoria Volk - City Clerk '\ '- ./ . / CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 084-05 MOTION by Councilmember Jacobson to adopt the following: A RESOLUTION ACCEPTING FEASIBILITY STUDY. WAIVING PUBLIC HEARING AND DIRECTING PREPARATION OF PLANS AND SPECIFICATIONS FOR THE IMPROVEMENT OF PROJECT NO. 05-29 FOR SANITARY SEWER & WATER MAIN IN THE FOLLOWING AREA OF 14355 CROSSTOWN BOULEVARD NW . WHEREAS, the City Council did on the 19th day of April . 2005. order the preparation of a feasibility study for the improvement; and WHEREAS. such feasibility study was prepared by City Enqineer and presented to the Council on the 3rd day of May ,2005; 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 $ 34.809.59 NOW. THEREFORE. BE IT RESOLVED by the City Council of the City of " / Andover to hereby receive the feasibility report with an estimated total cost of improvements of $ 34.809.59 , waive the Public Hearing and order improvements. 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 Kniqht and adopted by the City Council at a reqular meeting this 3rd day of ~. 2005 . with Councilmembers Trude. Jacobson. Kniqht. Gamache voting in favor of the resolution. and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: / !1;1;;;~ IJ./t/ Victoria Volk - City Clerk . , CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 083-05 MOTION by Council member Trude to adopt the following: A RESOLUTION APPROVING FINAL PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR PROJECT NO. 03-1A . PRAIRIE KNOLL PARK LIGHTING . WHEREAS. pursuant to Resolution No. 019-05, adopted by the City Council on the 1st day of February . 2005. Wunderlich-Malec has prepared final plans and specifications for Project 03-1A for Prairie Knoll Park LiqhtinQ. WHEREAS. such final plans and specifications were presented to the City Council for their review on the 3rd day of May . 2005 . NOW. THEREFORE, BE IT RESOLVED by the City Council of the City of \ Andover to hereby approve the Final Plans and Specifications. . / BE IT FURTHER RESOLVED by the City Council of the City of Andover to hereby direct the City Clerk to seek public bids as required by law. with such bids to be opened at 10:00 a.m., May 31 ,2005 at the Andover City Hall. MOTION seconded by Council member City Council at a reqular meeting this 3rd Kniqht and adopted by the day of May , 2005 , with Council members Trude. Jacobson. Orttel. Kniqht. Gamache voting in fayor of the resolution. and Council members none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: / U;t&p {JIb Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R081-05 A RESOLUTION GRANTING A VARIANCE REQUEST TO EXTERIOR FINISH REQUIREMENTS IN CITY CODE 12-6-5-F-2 ON PROPERTY LOCATED AT 3028 181st AVENUE NW, LEGALLY DESCRIBED AS: That part ofthe North Half of the Northwest Quarter of Section 4, Township 32, Range 24, Anoka County, Minnesota, described as follows: \ \. J Beginning at a point on the North line of said Northwest Quarter, said point being 425 feet East of the Northwest corner of said Northwest Quarter; thence East on said North line a distance of 1,088.3 feet; thence South on a line at right angles to said North line a distance of 592 feet; thence West on a line parallel to said North line a distance of 1088.3 feet; thence North on a line at right angles to said parallel line a distance of 592 feet to the point of beginning EXCEPT THAT PART described as follows: That part of the North Half of the Northwest Quarter of Section 4, Township 32, Range 24, Anoka County, Minnesota, described as follows: Beginning at a point on the North line of said Northwest Quarter, said point being 1,123.3 feet East of the Northwest corner of said Northwest Quarter; thence East on said North line a distance of 390 feet; thence South on a line at right angles to said North line a distance of 592 feet; thence West on a line parallel to said North line a distance of 390 feet; thence north on a line at right angles to said parallel line a distance of 592 feet to the point of beginning. WHEREAS, Ken and Theresa Meyer petitioned to vary from the Exterior Finish requirements of City Code 12-6-5-F-2, and; WHEREAS, the Planning and Zoning Commission finds the variance will not be detrimental to the health, safety or welfare of surrounding properties, and; WHEREAS, the Planning and Zoning Commission recommends to the City Council approval of the variance request, and; WHEREAS, the City Council finds that it is not feasible to place a pole building in the rear yard, and; WHEREAS, space exists to the west of the principle structure on the lot and; WHEREAS, placement ofa barn to the west of the principle structure would locate it in front of the principle structure on the lot, and; WHEREAS, conformance to the Exterior Finish requirements of City Code 12-6-5-F-2 could pose a health threat to horses and thus would not be appropriate for the intended use of the proposed building; NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover approves the proposed variance request to vary from Title 12-6-5-f-2 ofthe City Code to allow the exterior of an accessory structure located at 3028 181 51 Avenue NW to have a finish dissimilar to that of the principle structure of the property. Adopted by the City Council ofthe City of Andover on this 3rd day of May 2005. CITY OF ANDOVER A TIEST: (, ~: , !/.&L- Victoria V olk, City Clerk / CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 080-05 MOTION by Council member Trude to adopt the following: A RESOLUTION DECLARING ADEQUACY OF PETITION AND ORDERING PREPARATION OF A FEASIBILITY REPORT FOR THE IMPROVEMENT OF WATER MAIN ,PROJECT NO. 05-31, IN THE AREA OF 13511 ROUND LAKE BOULEVARD NW. WHEREAS. the City Council has received a petition. dated April 21. 2005 requesting the construction of improvements; and WHEREAS, such petition has been validated to represent the signatures of 100% of the affected property owners requesting such improvement. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover that: 1. The petition is hereby declared to be 100% of owners of property affected, thereby making the petition unanimous. 2. Escrow amount for feasibility report is 0 3. The proposed improvement is hereby referred to the City Enqineer and he is instructed to provide the City Council with a feasibility report. MOTION seconded by Councilmember Jacobson and adopted by the City Council at a reqular meeting this 3rd day of May . 2005. with Councilmembers Trude. Jacobson. Orttel. Kniqht. Gamache voting in favor of the resolution. and Councilmembers none voting against. whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: -' !L;:t;~ tJ./b Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 079-05 MOTION by Councilmember Trude to adopt the following: A RESOLUTION DECLARING ADEQUACY OF PETITION AND ORDERING PREPARATION OF A FEASIBILITY REPORT FOR THE IMPROVEMENT OF SANITARY SEWER & WATER MAIN. PROJECT NO. 05-22. LOTS 2 & 3, BLOCK 1/HANSON MEADOWS. WHEREAS. the City Council has received a petition, dated April 20, 2005. requesting the construction of improvements; and WHEREAS. such petition has been validated to represent the signatures of 100% of the affected property owners requesting such improvement. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover that: / 1. The petition is hereby declared to be 100% of owners of property affected. thereby making the petition unanimous. 2. Escrow amount for feasibility report is $0.00 . 3. The proposed improvement is hereby referred to the City EnQineer and he is instructed to provide the City Council with a feasibility report. MOTION seconded by Councilmember Jacobson City Council at a reqular meeting this 3rd day of May Councilmembers Trude. Jacobson. Orttel. Kniqht. Gamache favor of the resolution, and Councilmembers none against. whereupon said resolution was declared passed. CITY OF ANDOVER and adopted by the , 2005, with voting in voting ATTEST: tL;:t:-U.; f1U/ Victoria Volk - City Clerk / CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 078-05 MOTION by Councilmember Trude to adopt the following: A RESOLUTION ACCEPTING FEASIBILITY REPORT. WAIVING PUBLIC HEARING AND ORDERING PLANS AND SPECIFICATIONS FOR THE IMPROVEMENT OF STREETS & STORM SEWER FOR WINTERGREEN STREET NW (NORTH OF 161s' AVENUE NW) THROUGH COUNTRY OAKS WEST AND TURN LANE IMPROVEMENTS TO 161s' AVENUE NW . PROJECT NO. 05-18 . WHEREAS. pursuant to Resolution No. 046-05, adopted the 15th day of March . 2005 a Feasibility Report has been prepared by TKDA for the improvements: and WHEREAS. such report was received by the City Council on the 3rd day of May , 2005; and WHEREAS. the property owners have waived the right to a Public Hearing; and WHEREAS. such report declared the proposed assessment to be feasible for an estimated project cost of $ 793.576.00 . . j NOW. THEREFORE. BE IT RESOLVED by the City Council of the City of Andover that: 1. The City Council hereby accepts the Feasibility Report for Project No. 05-18. for the improvements and waives the public hearing. 2. The Council will consider the improvements in accordance with the report and the assessment of abutting property for all or a portion of the improvement pursuant to Minnesota Statutes Chapter 429 at an estimated total cost of the improvement of $ 793,576.00 MOTION seconded by Council member Jacobson and adopted by the City Council at a reqular meeting this 3rd day of May . 2005 , with Councilmembers Trude. Jacobson. o rtte I , Kniqht. Gamache voting in favor of the resolution, and Council members none voting against, whereupon said resolution was declared passed. ATTEST: - !),;J;~~ ab Victoria Volk - City Clerk " CITY OF ANDOVER COUNTYOFANOKA STATE OF MINNESOTA RES. NO. ROn-05 A RESOLUTION APPROVING A CONDITIONAL USE PERMIT TO ALLOW AN EXISTING DETACHED GARAGE TO REMAIN ON A RESIDENTIAL PROPERTY PRIOR TO CONSTRUCTION OF A PRINCIPLE STRUCTURE FOR PROPERTY LOCATED AT 665 I40th LANE NW (P.I.D 36-32-24-22-0006) LEGALLY DESCRIBED AS: The north 218 feet of the east 249.72 feet of the west 749.16 feet of the north 10 acres of that part of Government Lot 1, Section 36, Township 32, Range 24, Anoka County, Minnesota, lying west of the public road as now located running in a northerly & southerly direction over & across said Lot 1. (Subject to & together with an easement for road purposes over the south 66 feet of the north 25 feet of that part of Government Lot 1, lying west of said public road.) WHEREAS, the applicant has requested approval of a Conditional Use Permit pursuant to City Code 12-15 and City Code 12-6; and WHEREAS, The Planning and Zoning Commission has reviewed the request and has determined that said request will not have a detrimental effect on the health, welfare or safety of the community; and / WHEREAS, a public hearing was held pursuant to state statutes; and WHEREAS, the Planning and Zoning Commission recommends to the City Council approval of the lot split as requested. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby agrees with the recommendation of the Planning and Zoning Commission and approves the Conditional Use Permit subject to the following conditions: 1. The future house shall have a footprint of at least 1,079 square feet. If the future house has a smaller footprint, the detached garage shall be required to be removed. 2. Any future garage shall not have a footprint larger than 660.65 square feet. If a future garage exceeds this size, the detached garage shall be required to be removed. 3. The garage shall be remodeled or moved so that the garage door faces to the south or southwest. 4. The Conditional Use Permit shall be subject to a sunset clause as defined in City Code Chapter I2-15-6-D. CITY OF ANDOVER .J A TTI;:ST: iL.:/a;~ (f~b Victoria Volk, City Clerk / CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R 076-05 A RESOLUTION APPROVING THE LOT SPLIT REQUEST OF KEVIN DENEKAMP TO SUBDIVIDE A RESIDENTIAL LOT INTO TWO URBAN RESIDENTIAL LOTS FOR PROPERTY LOCATED AT 665 140th LANE NW (P.I.D 36-32-24-22-0006) LEGALLY DESCRIBED AS: The north 218 feet of the east 249.72 feet of the west 749.16 feet of the north 10 acres of that part of Government Lot 1, Section 36, Township 32, Range 24, Anoka County, Minnesota, lying west of the public road as now located running in a northerly & southerly direction over & across said Lot 1. (Subject to & together with an easement for road purposes over the south 66 feet of the north 25 feet of that part of Government Lot 1, lying west of said public road.) To be divided into properties to be described as; PARCEL A: The north 218 feet of the west 111.00 feet of the east 249.72 feet of the west 749.16 feet of the north 10 acres, Government Lot 1, Section 36, Township 32, Range 24, Anoka County, Minnesota. (Subject to & together with an easement for road purposes over the south 66 feet of the north 25 feet of that part of Government Lot 1, lying west of said public road.) .' Also subject to a Drainage and Utility Easement over, under and across the north 10.00 feet and the south 10.00 feet and the west 10.00 feet and the east 5.00 feet of said described property. PARCEL B: The north 218 feet lying east of the west 111.00 feet of the east 249.72 feet of the west 749.16 feet of the north 10 acres, Govemment Lot I, Section 36, Township 32, Range 24, Anoka County, Minnesota. (Subject to & together with an easement for road purposes over the south 66 feet of the north 25 feet of that part of Government Lot 1, lying west of said public road.) Also subject to a Drainage and Utility Easement over, under and across the north 10.00 feet and the south 10.00 feet and the east 10.00 feet and the west 5.00 feet of said described property. WHEREAS, Kevin Denekamp, the applicant, has requested approval of a lot split to subdivide a residential property pursuant to City Code 13-1, located at 665 140th Lane NW; and WHEREAS, The Planning and Zoning Commission has reviewed the request and has determined that said request meets all requirements of City Code 13-1 Splitting Lots, Parcels or Tracts of Land; and WHEREAS, a public hearing was held pursuant to state statutes; and WHEREAS, the Planning and Zoning Commission recommends to the City Council approval of the lot split as requested. i NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby agrees with the recommendation of the Planning and Zoning Commission and approves the lot split on said property subject to the following conditions: 1. The applicant shall provide a ten-foot wide drainage and utility easement in favor of the City adjacent to the front and rear property lines of both lots and a five-foot wide drainage and utility easement adjacent to the side property lines of both lots. 2. The applicant shall obtain approval of a Conditional Use Permit to allow the existing garage to remain on Parcel A. In the event that this approval cannot be obtained, the existing detached garage shall be removed. 3. Both properties shall be connected to municipal sewer and water systems. 4. The applicant shall be required to eliminate the portion of the driveway that exists within five feet on both sides of the proposed property line and restore the area with sod or seed. 5. The driveway for the existing house shall be paved with bituminous or concrete. 6. The existing shed shall be removed from the property. 7. The applicant shall be required to pay a park dedication fee of $2,325. 8. The applicant shall be required to pay a trail fee of$565. 9. The lot split shall be subject to a sunset clause as defined in City Code Chapter 12-1-6-F. \ -~ Adopted by the City Council of the City of Andover on this 19th day of April, 2005. q~A---L ;vtichael R.liamache, Mayor CITY OF ANDOVER ATTEST: 1/ #/ !Jk~ f/,~ Victoria V olk, City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 075-05 MOTION by Councilmember Jacobson to adopt the following: A RESOLUTION DECLARING ADEQUACY OF PETITION AND ORDERING PREPARATION OF A FEASIBILITY REPORT FOR THE IMPROVEMENT OF SANITARY SEWER & WATER MAIN ,PROJECT NO. 05-29, IN THE AREA OF 14355 CROSSTOWN BOULEVARD NW. WHEREAS. the City Council has received a petition. dated April 8. 2005 requesting the construction of improvements; and WHEREAS. such petition has been validated to represent the signatures of 100% of the affected property owners requesting such improvement. NOW. THEREFORE, BE IT RESOLVED by the City Council of the City of Andover that: . , 1. The petition is hereby declared to be 100% of owners of property affected. thereby making the petition unanimous. 2. Escrow amount for feasibility report is 0 3. The proposed improvement is hereby referred to the City Enqineer and he is instructed to provide the City Council with a feasibility report. MOTION seconded by Councilmember Kniqht and adopted by the City Council at a reQular meeting this 19th day of April , 2005. with Council members Jacobson. Kniqht. Orttel. Gamache. Trude voting in favor of the resolution. and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: ILY;;-;u lid -' Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA . / RES. NO. 074-05 MOTION by Councilmember Jacobson to adopt the following: A RESOLUTION REJECTING THE FEASIBILITY REPORT FOR SANITARY SEWER & WATER MAIN, FOR PROJECT NO. 05-6 IN THE AREA OF 148TH LANE NW BETWEEN EAGLE STREET NW & BLUEBIRD STREET NW. WHEREAS, a Feasibility Report was prepared by the City Enqineer and rejected by the City Council on the 19th day of April, 2005 , Resolution No. 014-05 ; and WHEREAS. such feasibility report was rejected by the City Council for an estimated cost of $ 198.180.55 NOW. THEREFORE, BE IT RESOLVED by the City Council of the City of Andover that: 1. The City Council hereby rejects the Feasibility Report for Project for the improvements. 05-6 . ; MOTION seconded by Council member Trude and adopted by the City Council at a reqular meeting this 19th day of April. 2005. with Councilmembers Jacobson. Trude, Orttel. Gamache. KniQht voting in favor of the resolution. and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER tL-t;;~~ O"t!V Victoria Volk - City Clerk ATTEST: , / CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 073-05 MOTION by Councilmember Jacobson to adopt the following: A RESOLUTION APPROVING FINAL PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR PROJECT NO. 05-2 ,FOR 2005 OVERLAYS IN THE AREA OF VALLEY VIEW ESTATES. NORTH HALF OF VALLEY VIEW ESTATES 2ND ADDITION & THE RUSSELL STACK DEVELOPMENT WHEREAS, pursuant to Resolution No. 063-05 , adopted by the City Council on the 5th day of April . 2005 . the City EnQineer has prepared final plans and specifications for Project 05-2 for 2005 Overlays WHEREAS, such final plans and specifications were presented to the City Council for their review on the 19th day of April . 2005 . NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby approve the Final Plans and Specifications. " / BE IT FURTHER RESOLVED by the City Council of the City of Andover to hereby direct the City Clerk to seek public bids as required by law. with such bids to be opened at 10:00 a.m. May 25 . 2005 at the Andover City Hall. MOTION seconded by Councilmember Orttel and adopted by the City Council at a reQular meeting this 19th day of April . 2005 . with Councilmembers Jacobson. Orttel. Gamache. Trude voting in favor of the resolution. and Councilmembers against, whereupon said resolution was declared passed. Kniqht voting CITY OF ANDOVER ATTEST: 'U ~/ ~ ~/~~ ./ " ~ichael R. Gamache - Mayor tL;t;;AV I)./b Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 072-05 MOTION by Councilmember Trude to adopt the following: A RESOLUTION APPROVING FINAL PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR PROJECT NO. 04-52A. WELL #9fTRANSMISSION LINE. WHEREAS, pursuant to Resolution No. 207-04 , adopted by the City Council on the 215 day of December ,2004. SEH has prepared final plans and specifications for Project 04-52A. Well #9fTransmission Line. WHEREAS. such final plans and specifications were presented to the City Council for their review on the 19th day of April . 2005 . NOW, THEREFORE. BE IT RESOLVED by the City Council of the City of Andover to hereby approve the Final Plans and Specifications. . J 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 10:30 a.m. May 19 . 2005 at the Andover City Hall. MOTION seconded by Councilmember Orttel and adopted by the City Council at a reqular meeting this 19th day of April . 2005 . with Council members Jacobson. Kniqht. Orttel. Gamache. Trude voting in favor of the resolution, and Councilmembers against. whereupon said resolution was declared passed. none voting CITY OF ANDOVER ATTEST: !J~AJ ()4 Victoria Volk - City Clerk , CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 071-05 MOTION by Council member Trude to adopt the following: A RESOLUTION APPROVING FINAL PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR PROJECT NO. 04-52, WELL #9/ DRILLING. WHEREAS. pursuant to Resolution No. 206-04 , adopted by the City Council on the 215 day of December ,2004. SEH has prepared final plans and specifications for Project 04-52, Well #9/Drillinq. WHEREAS, such final plans and specifications were presented to the City Council for their review on the 19th day of April , 2005 . NOW. THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby approve the Final Plans and Specifications. BE IT FURTHER RESOLVED by the City Council of the City of Andover to hereby direct the City Clerk to seek public bids as required by law. with such bids to be opened at 10:00 a.m. May 19 . 2005 at the Andover City Hall. MOTION seconded by Councilmember Orttel and adopted by the City Council at a reQular meeting this 19th day of April , 2005 , with Councilmembers Jacobson. Kniqht. Orttel. Gamache. Trude voting in favor of the resolution, and Councilmembers against, whereupon said resolution was declared passed. none voting CITY OF ANDOVER ATTEST: ~P<<4 Micflael R. Gamache - Mayor (L~~ lid- Victoria Volk - City Clerk , , . / CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 070A-05 MOTION by Council member Trude to adopt the following: A RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR THE IMPROVEMENT OF PROJECT NO. 02-33 FOR ANDOVER STATION NORTH FOR SITE GRADING, SANITARY SEWER. WATER MAIN. STREETS. STORM SEWER. TRAILS & SIDEWALKS. WHEREAS. pursuant to advertisement for bids as set out in Council Resolution No. 039-05. dated March 1, 2005. bids were received, opened and tabulated according to law with results as follows: North Pine Aggregate. Inc. Richard Knutson, Inc. Arcon Const. Co.. Inc. $2,013.882.80 $2,084.209.50 $2,250,755.95 NOW. THEREFORE. BE IT RESOLVED by the City Council of the City of Andover to hereby accept the bids as shown to indicate North Pine Aaareaate. 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 North Pine Aaareaate, Inc. in the amount of $ 2,013,882.80 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 Kniaht and adopted by the City Council at a special meeting this 12th day of April . 2005 . with Council members Trude, Kniaht. Orttel, Gamache, Jacobson voting in favor of the resolution. and Council members none voting against. whereupon said resolution was declared passed. ATTEST: CITY OF ANDOVER ~~~ ~chael R. Gamache - Mayor / /L~~ IJ,u Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 070-05 A RESOLUTION APPROVING THE LOT SPLIT REQUEST FOR KEN ORTTEL TO SUBDIVIDE INTO TWO PARCELS PROPERTY LOCATED AT 14351 CROSSTOWN BLVD NW (27-32-24-31-0008) LEGALLY AND DESCRIBED AS: Lot 1, Block 1, The Oaks, Anoka County, Minnesota To be divided into properties to be described as; PARCEL A: That part of Lot 1, Block 1, THE OAKS, Anoka County, Minnesota, according to the recorded plat thereof lying southwesterly of the following described line: Commencing at the southeast corner of said Lot 11 thence on an assumed bearing of North 31 degrees 28 minutes 46 seconds East, along the southeasterly of said Lot 1, a distance of34.75 feet to the point of beginning; thence North 45 degrees 41 minutes 20 seconds West a distance of 128.59 feet to the northwesterly line of said Lot 1 and there terminating. PARCEL B: That part of Lot 1, Block 1, THE OAKS, Anoka County, Minnesota, according to the recorded plat thereoflying northeasterly of the following described line: , J Commencing at the southeast corner of said Lot 1; thence on an assumed bearing of North 31 degrees 28 minutes 46 seconds East, along the southeasterly of Lot 1, a distance of 34.75 feet to the point of beginning; thence North 45 degrees 41 minutes 20 seconds West a distance of 128.59 feet to the northwesterly line of said Lot 1 and there terminating. WHEREAS, Ken Orttel has requested approval of a lot split to subdivide property pursuant to City Code Title 13 Chapter 1, located at 14351 Crosstown Boulevard NW, and; WHEREAS, the Planning and Zoning Commission has reviewed the request and has determined that said request meets the criteria of City Code Title 13 Chapter 1; WHEREAS, the Planning and Zoning Commission finds the request would not have a detrimental effect upon the health, safety, morals and general welfare of the City of Andover, and; WHEREAS, a public hearing was held pursuant to state statutes, and; WHEREAS, the Planning and Zoning Commission recommends to the City Council approval of the lot split as requested, and; NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby agrees with the recommendation ofthe Planning and Zoning Commission and approves the lot split on said property with the following conditions: / 1. That the applicant shall prepare and submit to the city for approval an easement document indicating a five-foot wide drainage and utility easement along the side lot lines and a ten-foot drainage and utility easement along the rear lot lines of Parcels A and B. 2. Parcel B shall be connected to City sewer and water. 3. The applicant shall be required to pay a Trail fee in the amount of$565. 4. The applicant shall record the lot split with Anoka County. 5. That the lot split be subject to a sunset clause as defined in City Code Title 13 Chapter 1. 6. Subject to driveway locations required by the Anoka County Highway Department. Adopted by the City Council of the City of Andover on this 5th day of April 2005. CITY OF ANDOVER ATTEST: , I / (LLAJ /J4 Victoria V olk, City Clerk j "".t /- " '-.J / " o () .I' , EXTRACT OF MINUTES OF A MEETING OF THE CITY COUNCIL OF THE CITY OF ANDOVER, MINNESOTA HELD: APRIL 5, 2005 Pursuant to due call and notice thereof, a regular or special meeting of the City Council ofthe City of Andover, Anoka County, Minnesota, was duly held at the City Hall on April 5, 2005, at 7:00 P.M., for the purpose, in part, of authorizing the issuance and awarding the sale of $650,000 General Obligation Bonds, Series 2005B. The following members were present: Mike Gamache, Don Jacobson, Mike Knight, Ken Orttel, Julie Trude and the following were absent: None Member Jacobson introduced the following resolution and moved its adoption: R069-05 RESOLUTION PROVIDING FOR THE ISSUANCE AND SALE OF $650,000 GENERAL OBLIGATION BONDS, SERIES 2005B, PLEDGING FOR THE SECURITY THEREOF SPECIAL ASSESSMENTS AND LEVYING A TAX FOR THE PAYMENT THEREOF A. WHEREAS, the City Council of the City of Andover, Minnesota (the "City") has heretofore determined and declared that it is necessary and expedient to issue $650,000 General Obligation Bonds, Series 2005B (the "Bonds" or individually a "Bond"), pursuant to Minnesota Statutes, Chapter 475 and: 1. Section 412.301 to finance the purchase of various items of capital equipment for the City (the "Equipment"), in the amount of$300,000 (the "Equipment Portion ofthe Bonds"). Each item of Equipment to be financed by the Equipment Portion of the Bonds has an expected useful life at least as long as the term ofthe Equipment Portion of the Bonds. The principal amount of the Equipment Portion of the Bonds does not exceed one-quarter of one percent (0.25%) of the market value of the taxable property in the City ($1,966,284,300 times 0.25% is $4,915,710.75); and 2. Section 475.521 to provide funds to finance improvements related to the City Hall and the Public Works Facility (the "Capitallmprovements"), in the amount of $325,000 (the "Capital Improvements Portion of the Bonds"). On December 16,2003 the City held a public hearing on and adopted the Five Year Capitallmprovement Plan (the "Plan") and on March 1, 2005, the City held a public hearing on the proposed issuance of general obligation capital improvement bonds, all in accordance with the provisions of Minnesota Statutes, Section 475.521. The Plan provides, in part, for the Capitallmprovements. No petition signed by voters 1753797vl . , () equal to five percent of the votes cast in the City in the last general election requesting a vote on the issuance of the Capitallmprovements Portion ofthe Bonds has been filed with the City Clerk within 30 days after the date the public hearing on the issuance of the Capitallmprovements Portion of the Bonds was held; and B. WHEREAS, the City has retained Ehlers & Associates, Inc., in Roseville, Minnesota ("Ehlers"), as its independent financial advisor for the sale of the Bonds and was therefore authorized to sell the Bonds by private negotiation in accordance with Minnesota Statutes, Section 475.60, Subdivision 2(9) and proposals to purchase the Bonds have been solicited by Ehlers; and C. WHEREAS, the proposals set forth on Exhibit A attached hereto were received by the City Clerk, or designee, at the offices of Ehlers, at 10:00 A.M., this same day pursuant to the Terms of Proposal established for the Bonds; and D. WHEREAS, it is in the best interests ofthe City that the Bonds be issued in book- entry form as hereinafter provided; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover, Minnesota, as follows: ~ 1. Acceptance of Proposal. The proposal of United Bankers' Bank (the "Purchaser"), to purchase the Bonds, in accordance with the Terms of Proposal established for the Bonds, at the rates of interest hereinafter set forth, and to pay therefor the sum of $647,205.00, plus interest accrued to settlement, is hereby found, determined and declared to be the most favorable proposal received, is hereby accepted and the Bonds are hereby awarded to the Purchaser. The City Administrator-Finance Director, or its designee in accordance with the Terms of Proposal, is directed to retain the deposit of the Purchaser and to forthwith return to the unsuccessful bidders any good faith checks or drafts. 2. Bond Terms. (a) Original Issue Date; Denominations; Maturities; Term Bond Option. The Bonds shall be dated April 28, 2005, as the date of original issue and shall be issued forthwith on or after such date in fully registered form, shall be numbered from R-l upward in the denomination of$5,OOO each or in any integral multiple thereof of a single maturity (the "Authorized Denominations") and shall mature, without option of prepayment, on February 1 in the years and amounts as follows: Year Amount 2006 $190,000 2007 170,000 2008 175,000 2009 115,000 o 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 1753797vl 2 . " r~' \_J repayment schedule, and corresponding additions may be made to the provisions of the applicable Bond(s). (b) Allocation. The Equipment Portion of the Bonds, being the aggregate principal amount of$31O,00, maturing in each of the years and amounts hereinafter set forth, is issued to finance the Equipment. The Capital Improvements Portion ofthe Bonds, being the aggregate principal amount of $340,000, maturing in each of the years and amounts hereinafter set forth, is issued to finance the Capital Improvements. Equipment Capital Improvements Year Portion (Amount) Portion (Amount) Total Amount 2006 $190,000 $ 0 $190,000 2007 60,000 110,000 170,000 2008 60,000 115,000 175,000 2009 0 115,000 115,000 With respect to the Capital Improvements Portion ofthe Bonds, the maximum annual principal and interest on the Capital Improvements Portion ofthe Bonds and any other outstanding bonds of the City previously issued under Section 475.521, Subdivision 4, is less than 0.05367% of the taxable market value of Anoka County. o (c) Book Entry Only System. The Depository Trust Company, a limited purpose trust company organized under the laws ofthe State of New York or any of its successors or its successors to its functions hereunder (the "Depository") will act as securities depository for the Bonds, and to this end: (i) The Bonds shall be initially issued and, so long as they remain in book entry form only (the "Book Entry Only Period"), shall at all times be in the form of a separate single fully registered Bond for each maturity of the Bonds; and for purposes of complying with this requirement under paragraphs 5 and 10 Authorized Denominations for any Bond shall be deemed to be limited during the Book Entry Only Period to the outstanding principal amount of that Bond. (ii) Upon initial issuance, ownership 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"). o (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 ofthe Depository, the Nominee or any Participant with respect to any ownership interest in the 1753797v1 3 , , r--'. \.J 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 (0) 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. o (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 ofthe Bonds as shown on the bond register, and all such payments shall be valid and effective to fully satisfy and discharge the City's obligations with respect to the principal of and premium, if any, and interest on the Bonds to the extent 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, 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. o (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 1753797vl 4 , , r- ) 1..--, 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. (d) Termination of Book-Entrv Only Svstem. Discontinuance ofa particular Depository's services and termination of the book-entry only system may be effected as follows: (i) The Depository may determine to discontinue providing its services with respect to the Bonds at any time by giving written notice to the City and discharging its responsibilities with respect thereto under applicable law. The City may terminate the services ofthe 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 ofthe system of book-entry transfers through the Depository is not in the best interests of the City or the Beneficial Owners. r " , '..j (ii) Upon termination of the services ofthe 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 ifthe 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. To the extent that the Beneficial Owners are designated as the transferee by the Holders, in accordance with paragraph 10, the Bonds will be delivered to the Beneficial Owners. (iii) Nothing in this subparagraph (d) shall limit or restrict the provisions of paragraph 10. (e) Letter of Representations. The provisions in the Letter of Representations are incorporated herein by reference and made a part of the resolution, and if and to the extent any such provisions are inconsistent with the other provisions of this resolution, the provisions in the Letter of Representations shall control. ,--"1 \. j -./ 3. Purpose. The Equipment Portion ofthe Bonds shall provide funds to finance acquisition ofthe Equipment. The Capitallmprovements Portion ofthe Bonds shall provide funds to finance the Capitallmprovements. The Equipment and Capitallmprovements are herein referred to together as the Project. The total cost of the Project, which shall include all costs enumerated in Minnesota Statutes, Section 475.65, is estimated to be at least equal to the 1753797vl 5 , , o amount ofthe Bonds. The City covenants that it shall do all things and perform all acts required of it to assure that work on the Project proceeds with due diligence to completion and that any and all permits and studies required under law for the Project are obtained. 4. Interest. The Bonds shall bear interest payable semiannually on February 1 and August 1 of each year (each, an "Interest Payment Date"), commencing February 1, 2006, 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 Year Interest Rate 2006 2007 2008 2009 2.65% 2.85% 3.00% 3.10% 5. No Redemption. The Bonds shall not be subject to redemption and prepayment prior to their maturity. 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 .r~ pursuant to any contract the City and Bond Registrar shall execute which is consistent herewith. V The Bond Registrar shall also serve as paying agent unless and until a successor paying agent is duly appointed. Principal and interest on the Bonds shall be paid to the registered holders (or record holders) of the Bonds in the manner set forth in the form of Bond and paragraph 12. 7. Form of Bond. The Bonds, together with the Bond Registrar's Certificate of Authentication, the form of Assignment and the registration information thereon, shall be in substantially the following form: o 1753797vl 6 , , ,..- -, "--J C) t'\ U UNITED STATES OF AMERICA STATE OF MINNESOTA ANOKACOUNTY CITY OF ANDOVER R- $ GENERAL OBLIGATION BOND, SERIES 2005B Interest Rate Maturitv Date Date of Original Issue CUSIP _% February 1,_ April 28, 2005 REGISTERED OWNER: CEDE & CO. PRlNCIP AL AMOUNT: DOLLARS 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, without option of prepayment, and to pay interest thereon semiannually on February 1 and August 1 of each year (each, an "Interest Payment Date"), commencing February 1,2006, 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 US. Bank National Association, in St. Paul, Minnesota (the "Bond Registrar"), acting as paying agent, or any successor paying agent duly appointed by the Issuer (the "Bond Registrar"), acting as paying agent, or any successor paying agent duly appointed by the Issuer. Interest on this Bond will be paid on each Interest Payment Date by check or draft mailed to the person in whose name this Bond is registered (the "Holder" or "Bondholder") on the registration books ofthe Issuer maintained by the Bond Registrar and at the address appearing thereon at the close of business on the fifteenth day of the calendar month next preceding such Interest Payment Date (the "Regular Record Date"). Any interest not so timely paid shall cease to be payable to the person who is the Holder hereof as ofthe 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 ofthe 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 1753797vl 7 :\ '--J termination ofthe book-entry only system pursuant to the Resolution, Bonds may only be registered in the name of the Depository or its Nominee. No Redemption. The Bonds ofthis issue (the "Bonds") are not subject to redemption and prepayment prior to their maturity. Issuance: Purpose: General Obligation. This Bond is one of an issue in the total principal amount of$650,000, all oflike date of original issue and tenor, except as to number, maturity, interest rate and denomination, issued pursuant to and in full conformity with the Constitution and laws of the State of Minnesota and pursuant to a resolution adopted by the City Council on AprilS, 2005 (the "Resolution"), for the purpose of providing money to finance various projects within the jurisdiction of the Issuer. This Bond is payable out of the General Obligation Bonds, Series 2005B 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. o Denominations: Exchange: Resolution. The Bonds are issuable solely in fully registered form in Authorized Denominations (as defined in the Resolution) and are exchangeable for fully registered Bonds of other Authorized Denominations in equal aggregate principal amounts at the principal office of the Bond Registrar, but only in the manner and subject to the limitations provided in the Resolution. Reference is hereby made to the Resolution for a description of the rights and duties of the Bond Registrar. Copies of the Resolution are on file in the principal office of the Bond Registrar. Transfer. This Bond is transferable by the Holder in person or the Holder's attorney duly authorized in writing at the principal office of the Bond Registrar upon presentation and surrender hereof to the Bond Registrar, all subject to the terms and conditions provided in the Resolution and to reasonable regulations ofthe Issuer contained in any agreement with the Bond Registrar. Thereupon the Issuer shall execute and the Bond Registrar shall authenticate and deliver, in exchange for this Bond, one or more new fully registered Bonds in the name ofthe transferee (but not registered in blank or to "bearer" or similar designation), of an Authorized Denomination or Denominations, in aggregate principal amount equal to the principal amount of this Bond, of the same maturity and bearing interest at the same rate. Fees upon Transfer or Loss. The Bond Registrar may require payment of a sum sufficient to cover any tax or other governmental charge payable in connection with the transfer or exchange of this Bond and any legal or unusual costs regarding transfers and lost Bonds. Treatment of Registered Owners. The Issuer and Bond Registrar may treat the person in whose name this Bond is registered as the owner hereof for the purpose of receiving payment as herein provided (except as otherwise provided herein with respect to the Record Date) and for all other purposes, whether or not this Bond shall be overdue, and neither the Issuer nor the Bond Registrar shall be affected by notice to the contrary. r'. '0 1753797vl 8 . . (-~\ '--..J 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. IN WITNESS WHEREOF, the City of Andover, Anoka County, Minnesota, by its City Council has caused this Bond to be executed on its behalf by the facsimile signatures of its Mayor and its City Clerk, the corporate seal of the Issuer having been intentionally omitted as permitted by law. Date of Registration: Registrable by: US. BANK NATIONAL ASSOCIATION ,.r-'') "--.J Payable at: US. BANK NATIONAL ASSOCIATION BOND REGISTRAR'S CERTIFICATE OF AUTHENTICATION CITY OF ANDOVER, ANOKA COUNTY, MINNESOTA This Bond is one ofthe Bonds described in the Resolution mentioned within. Isl Facsimile Mayor US. BANK NATIONAL ASSOCIATION, St. Paul, Minnesota, Bond Registrar Isl Facsimile City Clerk By: Authorized Signature ''\ V 1753797vl 9 f -" ~ ._J , " \...) /-----. " J -~ . . ABBREVIATIONS The following abbreviations, when used in the inscription on the face ofthis Bond, shall be construed as though they were written out in full according to applicable laws or regulations: TEN COM - as tenants in common TEN ENT - as tenants by the entireties JT TEN - as joint tenants with right of survivorship and not as tenants in common UTMA - as custodian for (Cust) (Minor) Uniform Transfers to Minors Act under the (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 ofthe within Bond in every particular, without alteration or any change whatever. Signature Guaranteed: Signature(s) must be guaranteed by a national bank or trust company or by a brokerage firm having a membership in one ofthe major stock exchanges or any other "Eligible Guarantor Institution" as defined in 17 CFR 240.17 Ad-15(a)(2). The Bond Registrar will not effect transfer 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.) 1753797vl 10 . ' o o o 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 ofthe 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 officer, the Bonds may be signed by the manual or facsimile signature of that officer who may act on behalf of the absent or disabled officer. In case either officer whose signature or facsimile of whose signature shall appear on the Bonds shall cease to be such officer before the delivery of the Bonds, the signature or facsimile shall nevertheless be valid and sufficient for all purposes, the same as if the officer had remained in office until delivery. 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 ofthe definitive bonds and the execution thereof, be exchanged therefor and canceled. 9. Authentication. No Bond shall be valid or obligatory for any purpose or be entitled to any security or benefit under this resolution unless a Certificate of Authentication on the Bond, substantially in the form hereinabove set forth, shall have been duly executed by an authorized representative of the Bond Registrar. Certificates of Authentication on different Bonds need not be signed by the 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 April 28, 2005. 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 oftransfers of Bonds entitled to be registered or transferred as herein provided. Upon surrender for transfer of any Bond at the principal office of the Bond Registrar, the City shall execute (if necessary), and the Bond Registrar shall authenticate, insert the date of registration (as provided in paragraph 9) of, and deliver, in the name ofthe designated transferee or transferees, one or more new Bonds of any Authorized Denomination or Denominations of a like aggregate principal amount, having the same stated maturity and interest rate, as requested by the transferor; provided, however, that no Bond may be registered in blank or in the name of "bearer" or similar designation. At the option of the Holder, Bonds may be exchanged for Bonds of any Authorized Denomination or Denominations of a like aggregate principal amount and stated maturity, upon surrender of the Bonds to be exchanged at the principal office ofthe Bond Registrar. Whenever 1753797vl 11 . ' Or 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 oftransfer, 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. o Transfers shall also be subject to reasonable regulations ofthe City contained in any agreement with the Bond Registrar, including regulations which permit the Bond Registrar to close its transfer books between record dates and payment dates. The City Clerk is hereby authorized to negotiate and execute the terms of said agreement. 11. Rights Upon Transfer or Exchange. Each Bond delivered upon transfer of or in exchange for or in lieu of any other Bond shall carry all the rights to interest accrued and unpaid, and to accrue, which were carried by such other Bond. 12. Interest Payment: Record Date. Interest on any Bond shall be paid on each Interest Payment Date by check or draft mailed to the person in whose name the Bond is registered (the "Holder") on the registration books ofthe City maintained by the Bond Registrar and at the address appearing thereon at the close of business on the fifteenth day ofthe calendar month next preceding such Interest Payment Date (the "Regular Record Date"). Any such interest not so timely paid shall cease to be payable to the person who is the Holder thereof as of the Regular Record Date, and shall be payable to the person who is the Holder thereof at the close of business on a date (the "Special Record Date") fixed by the Bond Registrar whenever money becomes available for payment of the defaulted interest. Notice ofthe Special Record Date shall be given by the Bond Registrar to the Holders not less than ten days prior to the Special Record Date. o 13. Treatment of Registered Owner. The City and Bond Registrar may treat the person in whose name any Bond is registered as the owner of such Bond for the purpose of receiving payment of principal of and premium, if any, and interest (subject to the payment provisions in paragraph 12) on, such Bond and for all other purposes whatsoever whether or not such Bond shall be overdue, and neither the City nor the Bond Registrar shall be affected by notice to the contrary. 1753797vl 12 , . o 14. Deliverv: Application of Proceeds. The Bonds when so prepared and executed shall be delivered by the Administrator-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 Accounts. There is hereby established a special fund to be designated "General Obligation Bonds, Series 2005B Fund" (the "Fund") to be administered and maintained by the Administrator-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. In such records there shall be established accounts or accounts shall continue to be maintained as the case may be, of the Fund for the purposes and in the amounts as follows: (a) Capital Account. To the Capital Account there shall be credited the proceeds of the sale of the Bonds, less any amount paid for the Bonds in excess ofthe minimum bid, and less capitalized interest on the Capital Improvements Portion of the Bonds (due on or before February I, 2006, as described below). From the Capital Account there shall be paid all costs and expenses of the of the acquisition of the Equipment and construction of the Capital Improvements and all other costs incurred and to be incurred of the kind authorized in Minnesota Statutes, Section 475.65. The moneys in the Capital 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 ofthe collection oftaxes herein levied. " '\ <-.J (b) Debt Service Account. There shall be maintained three separate subaccounts in the Debt Service Account to be designated the "Equipment Debt Service Subaccount" and "Capital Improvements Debt Service Subaccount". There are hereby irrevocably appropriated and pledged to, and there shall be credited to the separate sub accounts of the Debt Service Account: (i) Equipment Debt Service Subaccount. To the Equipment Debt Service Subaccount there shall be credited: (1) all taxes herein and hereafter levied for the payment of the Equipment Portion of the Bonds; (2) a pro rata share of all funds paid for the Bonds in excess of the minimum bid; (3) a pro rata share of all funds remaining in the Capital Account after payment of all costs ofthe Equipment; (4) all investment earnings on funds held in the Equipment Debt Service Subaccount; and (5) any and all other moneys which are properly available and are appropriated by the governing body of the City to the Equipment Debt Service Subaccount. The Equipment Debt Service Subaccount shall be used solely to pay the principal and interest of the Equipment Portion of the Bonds and any other general obligation bonds of the City hereafter issued by the City and made payable from said account as provided by law. o (ii) Capital Improvements Debt Service Subaccount. To the Capital Improvements Debt Service Subaccount there shall be credited: (1) collections of all taxes herein and hereafter levied for the payment of the Capital Improvements Portion of the Bonds and interest thereon; (2) capitalized interest in the amount of$7,697.08 (together with interest earnings thereon and subject to such other adjustments as are appropriate to provide sufficient funds to pay interest due on the Capital Improvements 1753797vl 13 . . o Portion of the Bonds on or before February 1,2006); (3) a pro rata share of all funds remaining in the Capital Account after payment of all costs of the Capital Improvements; (4) all investment earnings on funds held in the Capital Improvements Debt Service Subaccount; and (5) any and all other moneys which are properly available and are appropriated by the governing body of the City to the Capital Improvements Debt Service Subaccount. The Capital Improvements Debt Service Subaccount shall be used solely to pay the principal and interest and of the Capital Improvements Portion of the Bonds and any other general obligation bonds ofthe City hereafter issued by the City and made payable from said subaccount as provided by law. /'\ \J No portion of the proceeds of the Bonds shall be used directly or indirectly to acquire higher yielding investments or to replace funds which were used directly or indirectly to acquire higher yielding investments, except (1) for a reasonable temporary period until such proceeds are needed for the purpose for which the Bonds were issued and (2) in addition to the above in an amount not greater than the lesser of five percent of the proceeds of the Bonds or $100,000. To this effect, any proceeds ofthe Bonds and any sums from time to time held in the Capital Account or Debt Service Account (or any other City account which will be used to pay principal or interest to become due on the bonds payable therefrom) in excess of amounts which under then applicable federal arbitrage regulations may be invested without regard to yield shall not be invested at a yield in excess of the applicable yield restrictions imposed by said arbitrage regulations on such investments after taking into account any applicable "temporary periods" or "minor portion" made available under the federal arbitrage regulations. Money in the Fund shall not be invested in obligations or deposits issued by, guaranteed by or insured by the United States or any agency or instrumentality thereof if and to the extent that such investment would cause the Bonds to be "federally guaranteed" within the meaning of Section 149(b) of the Internal Revenue Code of 1986, as amended (the "Code"). 16. Covenants Relating to the Equipment Portion of the Bonds. To provide moneys for payment of the principal and interest on the Equipment Portion ofthe Bonds there is hereby levied upon all of the taxable property in the City a direct annual ad valorem tax which shall be spread upon the tax rolls and collected with and as part of other general property taxes in the City for the years and in the amounts as follows: Year of Tax Levy Year of Tax Collection Amount See Attached Levy Schedule The tax levies are such that if collected in full they, together with other revenues herein pledged for the payment of the Equipment Portion of the Bonds, will produce at least 5% in excess ofthe amount needed to meet when due the principal and interest payments on the Equipment Portion of the Bonds. The tax levies shall be irrepealable so long as any of the Equipment Portion ofthe Bonds are outstanding and unpaid, provided that the City reserves the right and power to reduce the levies in the manner and to the extent permitted by Minnesota Statutes, Section 475.61, Subdivision 3. o 1753797vl 14 , . /-, , ) \.~ Tax Levy Calculation For: City of Andover, Minnesota $650,000 General Obligation Bonds, Series 2005B Dated Date: 4/28/2005 Equipment Certificates Portion: Levy Collect Pay Total Funds P&I Net Tax Year Year Year P&I Available (1) x 105% Levy Levy 2004 / 2005 / 2006 196,479_96 1,147,00 205,099,61 205,099_61 205,100 . 2005 / 2006 / 2007 63,510,00 66,685.50 66,685.50 66,700 2006 I 2007 /2008 61,800.00 64,890.00 64,890.00 64,900 Totals 321,789.96 1,147.00 336,675.11 336,675.11 336,700.00 (1) The following funds are available to pay a portion of the interest payment due 2/1/2006: ,r '\ o Unused Discount: $1,147.00 . The City previously levied an amount sufficient to cover this payment. e I ~Att~'~E~'~ o (J 17. Covenants Relating to the Capital Improvements Portion ofthe Bonds. To provide moneys for payment ofthe principal and interest on the Capital Improvements Portion of the Bonds there is hereby levied upon all ofthe taxable property in the City a direct annual ad valorem tax which shall be spread upon the tax rolls and collected with and as part of other general property taxes in the City for the years and in the amounts as follows: Year of Tax Levy Year of Tax Collection Amount See Attached Levy Schedule The tax levies are such that if collected in full they, together with other revenues herein pledged for the payment of the Capital Improvements Portion of the Bonds, will produce at least 5% in excess of the amount needed to meet when due the principal and interest payments on the Capital Improvements Portion of the Bonds. The tax levies shall be irrepealable so long as any of the Capital Improvements Portion of the Bonds are outstanding and unpaid, provided that the City reserves the right and power to reduce the levies in the manner and to the extent permitted by Minnesota Statutes, Section 475.61, Subdivision 3. 18. General Obligation Pledge. For the prompt and full payment ofthe principal and interest on the Bonds, as the same respectively become due, the full faith, credit and taxing ,'~ powers ofthe City shall be and are hereby irrevocably pledged. Ifthe balance in the Debt <J 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. 19. 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 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. r'\ U 20. 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 1753797vl 15 ,-, . , ',-- ' ,. "., , ,,/ :' "- ''-.J Tax Levy Calculation For: City of Andover, Minnesota $650,000 General Obligation Bonds, Series 2005B Dated Date: 4/28/2005 Capital Improvements Portion: Levy Collect Pay Total Funds P&I Net Tax Year Year Year P&I Available (1) x 105% Levy Levy 2004 1 2005 1 2006 7,697.08 7,697.08 0.00 0.00 0 2005 1 2006 1 2007 120,150.00 126,157.50 126,157.50 126,200 2006 1 2007 1 2008 122,015,00 128,115.75 128,115.75 128,200 2007 1 2008 1 2009 118,565.00 124,493.25 124,493.25 124,500 Totals 368,427.08 7,697.08 378,766.50 378,766_50 378,900,00 (1) The following funds are available to pay the interest payment due 2/01/06: Unused Discount: Capitalized Interest: Total Funds Available: $1,258.00 6,439.08 $7,697.08 e I ~.~t~I~E~'~ " ' o City to reimburse itself for any expenditure which the City paid or will have paid prior to the Closing Date (a "Reimbursement Expenditure"). The City hereby certifies and/or covenants as follows: (a) Not later than 60 days after the date of payment of a Reimbursement Expenditure, the City (or person designated to do so on behalf of the City) has made or will have made a written declaration of the City's official intent (a "Declaration") which effectively (i) states the City's reasonable expectation to reimburse itselffor 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" of the Bonds, and (ii) a de minimis amount of Reimbursement Expenditures not in excess ofthe lesser of$100,000 or 5% of the proceeds of the Bonds. ,--..." o (b) Each Reimbursement Expenditure is a capital expenditure or a cost of issuance of the Bonds or any of the other types of expenditures described in Section 1. 150-2(d)(3) of the Reimbursement Regulations. (c) The "reimbursement allocation" described in the Reimbursement Regulations for each Reimbursement Expenditure shall and will be made forthwith following (but not prior to) the issuance of the Bonds and in all events within the period ending on the date which is the later of three years after payment of the Reimbursement Expenditure or one year after the date on which the Project to which the Reimbursement Expenditure relates is first placed in service. (d) Each such reimbursement allocation will be made in a writing that evidences the City's use of Bond proceeds to reimburse the Reimbursement Expenditure and, if made within 30 days after the Bonds are issued, shall be treated as made on the day the Bonds are issued. Provided, however, that the City may take action contrary to any of the foregoing covenants in this paragraph upon receipt of an opinion of its Bond Counsel for the Bonds stating in effect that such action will not impair the tax-exempt status of the Bonds. 21. 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: o (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 1753797vl 16 ',' I o 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 and in the Undertaking is intended to be for the benefit of the Holders of the Bonds and shall be enforceable on behalf of such Holders; provided that the right to enforce the provisions of these covenants shall be limited to a right to obtain specific enforcement of the City's obligations under the covenants. () The Mayor and City Clerk of the City, or any other officer ofthe City authorized to act in their place (the "Officers") are hereby authorized and directed to execute on behalf of the City the Undertaking in substantially the form presented to the City Council subject to such modifications thereof or additions thereto as are (i) consistent with the requirements under the Rule, (ii) required by the Purchaser of the Bonds, and (ii) acceptable to the Officers. 22. Certificate of Registration. A certified copy of this resolution is hereby directed to be filed with the Director of Anoka County Property Records and Taxation's Office, together with such other information as the Director shall require, and there shall be obtained from the Director a certificate that the Bonds have been entered in the Bond Register and that the tax levy required by law has been made. 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 of the Bonds as the same appear from the books and records under their custody and control or as otherwise known to them, and all such certified copies, certificates and affidavits, including any heretofore furnished, shall be deemed representations of the City as to the facts recited therein. 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. o 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 1753797vl 17 .,' . o (i) requirements relating to temporary periods for investments, (ii) limitations on amounts invested at a yield greater than the yield on the Bonds, and (iii) the rebate of excess investment earnings to the United States. The City expects to satisfy the six-month expenditure exemption for gross proceeds of the Bonds as provided in Section 1.148-7(c) of the Regulations. The Mayor, Administrator-Finance Director, or either of them, are hereby authorized and directed to make such elections as to arbitrage and rebate matters relating to the Bonds as they deem necessary, appropriate or desirable in connection with the Bonds, and all such elections shall be, and shall be deemed and treated as, elections of the City. 26. Designation of Qualified Tax-Exempt Obligations. In order to qualify the Bonds as "qualified tax-exempt obligations" within the meaning of Section 265(b )(3) of the Code, the City hereby makes the following factual statements and representations: (a) the Bonds are issued after August 7, 1986; (b) the Bonds are not "private activity bonds" as defined in Section 141 of the Code; (c) the City hereby designates the Bonds as "qualified tax-exempt obligations" for purposes of Section 265(b)(3) of the Code; o (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 2005 will not exceed $10,000,000; and (e) not more than $10,000,000 of obligations issued by the City during this calendar year 2005 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. Payment of Issuance Expenses. The City authorizes the Purchaser to forward the amount of Bond proceeds allocable to the payment of issuance expenses to US. Trust Company, N.A., Greenwich, Connecticut, 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. o 1753797vl 18 . ... '," , o ;) I') \.J The motion for the adoption of the foregoing resolution was duly seconded by member Knight and, after a full discussion thereof and upon a vote being taken thereon, the following voted in favor thereof: Gamache, Jacobson, Knight, Orttel, Trude and the following voted against the same: None Whereupon the resolution was declared duly passed and adopted. 1753797vl 19 ... ',..1. 1 CJ STATE OF MINNESOTA COUNTY OF ANOKA CITY OF ANDOVER I, the undersigned, being the duly qualified and acting City Clerk of the City of Andover, Minnesota, DO HEREBY CERTIFY that I have compared the attached and foregoing extract of minutes with the original thereof on file in my office, and that the same is a full, true and complete transcript of the minutes of a meeting of the City Council, duly called and held on the date therein indicated, insofar as such minutes relate to authorizing the issuance and awarding the sale of$650,000 General Obligation Bonds, Series 2005B. WITNESS my hand on April 4, 2005. ~ {)vtL- City Clerk ,....-- ~, V (\ \.J 1753797vl 20 ..4 .. () BID TABULATION $650,000 General Obligation Bonds, Series 2005B CITY OF ANDOVER, MINNESOTA SALE: April 5, 2005 AWARD: UNITED BANKERS' BANK RATING: Standard & Poor's "A+" BBI: 4.61% NET TRUE NAME OF BIDDER MATURITY RATE REOFFERING PRICE INTEREST INTEREST (February 1) YIELD COST RATE UNITED BANKERS' BANK 2006 2,650%, 2.650% $647,205.00 $43,012,04 3,1713% Bloomington, Minnesota 2007 2.850% 2,850% 2008 3.000%, 3,000% 2009 3.100% 3.100% CRONIN & COMPANY, INC. 2006 3.000% $650,982.80 $43,869.80 3.2198% Minneapolis, Minnesota 2007 3.250% 2008 3.250% 2009 3.500%' / - ~ " /~LS FARGO BROKERAGE SERVICES, LLC 2006 2,750%. $647,270.00 $44,521.06 3.2819% Minneapolis, Minnesota 2007 2.950%' 2008 3.100% 2009 3.250% MILLER JOHNSON STEICHEN KINNARD 2006 3,300% $650,000,00 $44,811.25 3,2947% INVESTMENT SECURITIES, INC. 2007 3,300% Minneapolis, Minnesota 2008 3.300%. 2009 3.300% UMB BANK, N.A, 2006 2.650% $646,243,00 $44,946.52 3.3173% Kansas City, Missouri 2007 2.950% 2008 3,050% , 2009 3.200% PIPER JAFFRAY & CO. 2006 3000% $650,000.00 $46,059.38 3.3840% Minneapolis, Minnesota 2007 3.250% 2008 3,500% 2009 3,500% NORTHLAND SECURITIES, INC. 2006 2,700% $644,800.00 $45,921.29 3.3949% Minneapolis, Minnesota 2007 2.850% 2008 3.000% 2009 3.200% r I 'J . EHLERS 3060 Centre Pointe Drive, Roseville, MN 55113 651.697.8500 fax 651.697.8555 www.ehlers,inc.com Offices In Rosevilie, MN Brookfield, WI and Lisle, IL & ASSOCIATES INC $650,000 General Obligation Bonds, Series 2005B City of Andover, Minnesota 04 ,. . ~ . " P""'''.2 , \ , ,J NAME OF BIDDER MATURITY RATE REOFFERING (February 1) YIELD RBC DAIN RAUSCHER INC. 2006 2.750% Minneapolis, Minnesota 2007 3.000% 2008 3.250% 2009 3,250% PRICE NET TRUE INTEREST INTEREST COST RATE $644,913.45 $47,751,13 3,5297% r, '",J () 1 ' C) EXTRACT OF MINUTES OF A MEETING OF THE CITY COUNCIL OF THE CITY OF ANDOVER, MINNESOTA HELD: APRIL 5, 2005 Pursuant to due call and notice thereof, a regular or special meeting of the City Council of the City of Andover, Anoka County, Minnesota, was duly held at the City Hall on AprilS, 2005, at 7:00 P.M., for the purpose, in part, of authorizing the issuance and awarding the sale of $3,560,000 General Obligation Improvement Bonds, Series 2005A. The following members were present: Mike Gamache, Don Jacobson, Mike Knight, Ken Orttel, Julie Trude and the following were absent: None Member Jacobson introduced the following resolution and moved its adoption: ,- '\ o R068-05 RESOLUTION PROVIDING FOR THE ISSUANCE AND SALE OF $3,560,000 GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 2005A, PLEDGING SPECIAL ASSESSMENTS FOR THE SECURITY THEREOF AND LEVYING A TAX FOR THE PAYMENT THEREOF A. WHEREAS, the City Council of the City of Andover, Minnesota (the "City"), has heretofore determined and declared that it is necessary and expedient to issue $3,560,000 General Obligation Improvement Bonds, Series 2005A (the "Bonds" or individually, a "Bond"), pursuant to Minnesota Statutes, Chapters 429 and 475, to finance various improvements for the Project 02-33, Andover Station North (Jay Street Construction) (the "Improvements"); and B. WHEREAS, the Improvements and all their components have been ordered prior to the date hereof, after a hearing thereon for which notice was given describing the Improvements or all their components by general nature, estimated cost, and area to be assessed; and C. WHEREAS, the City has retained Ehlers & Associates, Inc., in Roseville, Minnesota ("Ehlers"), as its independent financial advisor for the sale of the Bonds and was therefore authorized to sell the Bonds by private negotiation in accordance with Minnesota Statutes, Section 475.60, Subdivision 2(9) and proposals to purchase the Bonds have been o solicited by Ehlers; and 1753593vl r-" U D. WHEREAS, the proposals set forth on Exhibit A attached hereto were received by the City Clerk, or designee, at the offices of Ehlers at 10:00 A.M. this same day pursuant to the Terms of Proposal established for the Bonds; and 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 City Council ofthe City of Andover, Minnesota, as follows: 1. Acceptance of Proposal. The proposal of Wells Fargo Brokerage Services, LLC (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 $3,533,834.00, plus interest accrued to settlement, is hereby found, determined and declared to be the most favorable proposal received and is hereby accepted, and the Bonds are hereby awarded to the Purchaser. The Administrator-Finance Director, or its designee in accordance with the Terms of Proposal, is directed to retain the deposit ofthe Purchaser and to forthwith return to the unsuccessful bidders their good faith checks or drafts. 2. Bond Terms. o (a) Original Issue Date: Denominations: Maturities; Term Bond Option. The Bonds shall be dated April 28, 2005, as the date of original issue, shall be issued forthwith on or after such date in fully registered form, shall be numbered from R-l upward in the denomination of $5,000 each or in any integral multiple thereof of a single maturity (the "Authorized Denominations") and shall mature on February 1 in the years and amounts as follows: Year Amount 2008 $545,000 2009 565,000 2010 580,000 2011 600,000 2012 625,000 2013 645,000 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). o (b) Book Entry Only System, The Depository Trust Company, a limited purpose trust company organized under the laws ofthe State of New York or any of its successors or its successors to its functions hereunder (the "Depository") will act as securities depository for the Bonds, and to this end: 1753593vl 2 CJ o ,r '. , , \.J (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 ofthe Bonds; and for purposes of complying with this requirement under paragraphs 5 and 10 Authorized Denominations for any Bond shall be deemed to be limited during the Book Entry Only Period to the outstanding principal 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 ofthe existing or a successor Depository, the "Nominee"). (iii) With respect to the Bonds neither the City nor the Bond Registrar shall have any responsibility or obligation to any broker, dealer, bank, or any other financial institution for which the Depository holds Bonds as securities depository (the "Participant") or the person for which a Participant holds an interest in the Bonds shown on the books and records of the Participant (the "Beneficial Owner"). Without limiting the immediately preceding sentence, neither the City, nor the Bond Registrar, shall have any such responsibility or obligation with respect to (A) the accuracy of the records of the Depository, the Nominee or any Participant with respect to any ownership interest in the Bonds, or (B) the delivery to any Participant, any Owner or any other person, other than the Depository, of any notice with respect to the Bonds, including any notice of redemption, or (C) the payment to any Participant, any Beneficial Owner or any other person, other than the Depository, of any amount with respect to the principal of or premium, if any, or interest on the Bonds, or (D) the consent given or other action taken by the Depository as the Registered Holder of any Bonds (the "Holder"). For purposes of securing the vote or consent of any Holder under this Resolution, the City may, however, rely upon an omnibus proxy under which the Depository assigns its consenting or voting rights to certain Participants to whose accounts the Bonds are credited on the record date identified in a listing attached to the omnibus proxy. (iv) The City and the Bond Registrar may treat as and deem the Depository to be the absolute owner of the Bonds for the purpose of payment of the principal of and premium, if any, and interest on the Bonds, for the purpose of giving notices of redemption and other matters with respect to the Bonds, for the purpose of obtaining any consent or other action to be taken by Holders for the purpose of registering transfers with respect to such Bonds, and for all purpose whatsoever. The Bond Registrar, as paying agent hereunder, shall pay all principal of and premium, if any, and interest on the Bonds only to the Holder or the Holders of the Bonds as shown on the bond register, and all such payments shall be valid and effective to fully satisfy and discharge the City's obligations with respect to the principal of and premium, if any, and interest on the Bonds to the extent of the sum or sums so paid. 1753593vl 3 o (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. f) \...J (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 of the reduction in principal amount on the panel provided on the Bond stating the amount so redeemed. (c) Termination of Book-Entrv Only System. Discontinuance ofa particular Depository's services and termination of the book-entry only system may be effected as follows: o (i) The Depository may determine to discontinue providing its services with respect to the Bonds at any time by giving written notice to the City and discharging its responsibilities with respect thereto under applicable law. The City may terminate the 1753593vl 4 :~) services ofthe Depository with respect to the Bond ifit determines that the Depository is no longer able to carry out its functions as securities depository or the continuation of the system of book-entry transfers through the Depository is not in the best interests of the City or the Beneficial Owners. (ii) Upon termination ofthe services ofthe 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 ofthe Nominee, but may be registered in whatever name or names the Holder of the Bonds shall designate at that time, in accordance with paragraph 11 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. (iii) Nothing in this subparagraph (c) shall limit or restrict the provisions of paragraph 10 hereof. CJ (d) Letter of Representations. The provisions in the Letter of Representations are incorporated herein by reference and made a part of the resolution, and if and to the extent any such provisions are inconsistent with the other provisions ofthis 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 ofthe 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 I and August 1 of each year (each, an "Interest Payment Date"), commencing February 1,2006, 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: o Maturity Year 2008 2009 2010 2011 2012 2013 Interest Rate 2.95% 3.10% 3.25% 3.40% 3.55% 3.65% 1753593vl 5 /--., , \...J C) :J 5. Redemption. All Bonds maturing on February 1, 2011, and thereafter, shall be subject to redemption and prepayment at the option of the City on February 1, 2010, 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 selection of the amounts and maturities of the Bonds to be prepaid shall be at the discretion of the City. If only part of the Bonds having a common maturity date are called for prepayment, the specific Bonds to be prepaid shall be chosen by lot by the Bond Registrar. Bonds or portions thereof called for redemption shall be due and payable on the redemption date, and interest thereon shall cease to accrue from and after the redemption date. Mailed notice of redemption shall be given to the paying agent and to each affected registered holder of the Bonds at least thirty (30) days prior to the date fixed for redemption. To effect a partial redemption of Bonds having a common maturity date, the Bond Registrar prior to giving notice ofredemption shall assign to each Bond having a common maturity date a distinctive number for each $5,000 ofthe principal amount of such Bond. The Bond Registrar shall then select by lot, using such method of selection as it shall deem proper in its discretion, from the numbers so assigned to such Bonds, as many numbers as, at $5,000 for each number, shall equal the principal amount of such Bonds to be redeemed. The Bonds to be redeemed shall be the Bonds to which were assigned numbers so selected; provided, however, that only so much of the principal amount of each such Bond ofa 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 oftransfer in form satisfactory to the City and Bond Registrar duly executed by the Holder thereof or the Holder's attorney duly authorized in writing) and the City shall execute (if necessary) and the Bond Registrar shall authenticate and deliver to the Holder of the Bond, without service charge, a new Bond or Bonds having the same stated maturity and interest rate and of any Authorized Denomination or Denominations, as requested by the Holder, in aggregate principal amount equal to and in exchange for the umedeemed portion of the principal of the Bond so surrendered. 6. Bond Registrar. U.S. Bank National Association, in St. Paul, Minnesota, is appointed to act as bond registrar and transfer agent with respect to the Bonds (the "Bond Registrar"), and shall do so unless and until a successor Bond Registrar is duly appointed, all pursuant to any contract the City and Bond Registrar shall execute which is consistent herewith. The Bond Registrar shall also serve as paying agent unless and until a successor paying agent is duly appointed. Principal and interest on the Bonds shall be paid to the registered holders (or record holders) ofthe 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: 1753593vl 6 .r-..... ) ,~- r~ i ' V o UNITED STATES OF AMERICA STATE OF MINNESOTA ANOKA COUNTY CITY OF ANDOVER R- $ GENERAL OBLIGATION IMPROVEMENT BOND, SERIES 2005A INTEREST RATE MATURITY DATE DATE OF ORIGINAL ISSUE CUSIP % FEBRUARY 1, APRIL 28, 2005 REGISTERED OWNER: CEDE & CO. PRlNCIP AL AMOUNT: DOLLARS THE CITY OF ANDOVER, ANOKA COUNTY, MINNESOTA (the "Issuer"), certifies that it is indebted and for value received promises to pay to the registered owner specified above, or registered assigns, unless called for earlier redemption, in the manner hereinafter set forth, the principal amount specified above, on the maturity date specified above, and to pay interest thereon semiannually on February 1 and August 1 of each year (each, an "Interest Payment Date"), commencing February 1, 2006, 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, ifno 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 US. 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 ofthe 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 Letter of Representations, as defined in the Resolution, and surrender of this Bond shall not be required for payment of the redemption price upon a partial redemption of this Bond. 1753593vl 7 0, "-..; 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. Redemption. All Bonds ofthis issue (the "Bonds") maturing on February 1,2011, and thereafter, shall be subject to redemption and prepayment at the option of the City on February I, 2010, 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 selection ofthe amounts and maturities of the Bonds to be prepaid shall be at the discretion of the Issuer. If only part of the Bonds having a common maturity date are called for prepayment, the specific Bonds to be prepaid shall be chosen by lot by the Bond Registrar. Bonds or portions thereof called for redemption shall be due and payable on the redemption date, and interest thereon shall cease to accrue from and after the redemption date. Mailed notice of redemption shall be given to the paying agent and to each affected Holder of the Bonds at least thirty (30) days prior to the date fixed for redemption. r- , { , V 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 arnount of the Bonds to be redeemed. The Bonds to be redeemed shall be the Bonds to which were assigned numbers so selected; provided, however, that only so much of the principal amount of Bond of a denomination of more than $5,000 shall be redeemed as shall equal $5,000 for each number assigned to it and so selected. If a Bond is to be redeemed only in part, it shall be surrendered to the Bond Registrar (with, if the Issuer or Bond Registrar so requires, a written instrument of transfer in form satisfactory to the Issuer and Bond Registrar duly executed by the Holder thereof or the Holder's attorney duly authorized in writing) and the Issuer shall execute (if necessary) and the Bond Registrar shall authenticate and deliver to the Holder of the Bond, without service charge, a new Bond or Bonds having the same stated maturity and interest rate and of any Authorized Denomination or Denominations, as requested by the Holder, in aggregate principal amount equal to and in exchange for the unredeemed portion ofthe principal of the Bond so surrendered. Issuance: Purpose: General Obligation. This Bond is one of an issue in the total principal amount of$3,560,000, 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 ofthe State of Minnesota and pursuant to a resolution adopted by the City Council on AprilS, 2005 (the "Resolution"), for the purpose of providing money to finance the construction of various improvements within the jurisdiction of the Issuer. This Bond is payable out of the General Obligation Improvement Bonds, Series 2005A 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. ,r'. '-.-) 1753593vl 8 r---- , . " , ,,- 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 ofthe Bond Registrar, but only in the manner and subject to the limitations provided in the Resolution. Reference is hereby made to the Resolution for a description of the rights and duties of the Bond Registrar. Copies of the Resolution are on file in the principal office ofthe Bond Registrar. Transfer. This Bond is transferable by the Holder in person or by the Holder's attorney duly authorized in writing at the principal office of the Bond Registrar upon presentation and surrender hereof to the Bond Registrar, all subject to the terms and conditions provided in the Resolution and to reasonable regulations of the Issuer contained in any agreement with the Bond Registrar. Thereupon the Issuer shall execute and the Bond Registrar shall authenticate and deliver, in exchange for this Bond, one or more new fully registered Bonds in the name of the transferee (but not registered in blank or to "bearer" or similar designation), of an Authorized Denomination or Denominations, in aggregate principal amount equal to the principal amount of this Bond, of the same maturity and bearing interest at the same rate. Fees upon Transfer or Loss. The Bond Registrar may require payment of a sum sufficient to cover any tax or other governmental charge payable in connection with the transfer or exchange of this Bond and any legal or unusual costs regarding transfers and lost Bonds. , ~,j Treatment of Registered Owners. The Issuer and Bond Registrar may treat the person in whose name this Bond is registered as the owner hereof for the purpose of receiving payment as herein provided (except as otherwise provided herein with respect to the Record Date) and for all other purposes, whether or not this Bond shall be overdue, and neither the Issuer nor the Bond Registrar shall be affected by notice to the contrary. Authentication. This Bond shall not be valid or become obligatory for any purpose or be entitled to any security unless the Certificate of Authentication hereon shall have been executed by the Bond Registrar. Qualified Tax-Exempt Obligation. This Bond has been designated by the Issuer as a "qualified tax-exempt obligation" for purposes of Section 265(b )(3) ofthe 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 ofthe State of Minnesota to be done, to happen and to be performed, precedent to and in the issuance of this Bond, have been done, have happened and have been performed, in regular and due form, time and manner as required by law, and that this Bond, together with all other debts of the Issuer outstanding on the date of original issue hereof and the date of its issuance and delivery to the original purchaser, does not exceed any constitutional or statutory limitation of indebtedness. ,', I , I , / ',~ 1753593vl 9 t'~ \J IN WITNESS WHEREOF, the City of Andover, Anoka County, Minnesota, by its City Council has caused this Bond to be executed on its behalf by the facsimile signatures of its Mayor and its City Clerk, the corporate seal of the Issuer having been intentionally omitted as permitted by law. Date of Registration: Registrable by: U.S. BANK NATIONAL ASSOCIATION Payable at: US. BANK NATIONAL ASSOCIATION BOND REGISTRAR'S CERTIFICATE OF AUTHENTICATION This Bond is one ofthe Bonds described in the Resolution mentioned Within. CITY OF ANDOVER, ANOKA COUNTY, MINNESOTA US. BANK NATIONAL ASSOCIATION St. Paul, Minnesota, Bond Registrar Is! Facsimile Mayor Authorized Signature Is! Facsimile City Clerk o By () 1753593vl 10 o ~ o 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) Uniform Transfers to Minors Act under the (State) Additional abbreviations may also be used though not in the above list. ASSIGNMENT For value received, the undersigned hereby sells, assigns and transfers unto the within Bond and does hereby irrevocably constitute and appoint attorney to transfer the Bond on the books kept for the registration thereof, with full power of substitution in the premises. Dated: Notice: The assignor's signature to this assignment must correspond with the name as it appears upon the face of the within Bond in every particular, without alteration or any change whatever. Signature Guaranteed: Signature(s) must be guaranteed by a national bank or trust company or by a brokerage firm having a membership in one ofthe major stock exchanges or any other "Eligible Guarantor Institution" as defined in 17 CFR 240.17 Ad-15( a)(2). The Bond Registrar will not effect transfer 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.) 1753593vl 11 o o o PREPAYMENT SCHEDULE This Bond has been prepaid in part on the date(s) and in the amount(s) as follows: DATE 1753593vl AMOUNT 12 AUTHORIZED SIGNATURE OF HOLDER CJ o o 8. Execution: Temporarv 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 ofthe 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 officer, the Bonds may be signed by the manual or facsimile signature of an officer who may act on behalf of the absent or disabled officer. In case either the officer whose signature or facsimile of whose signature shall appear on the Bonds shall cease to be such officer before the delivery of the Bonds, the signature or facsimile shall nevertheless be valid and sufficient for all purposes, the same as if the officer had remained in office until delivery. 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 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 the Bond, substantially in the form hereinabove set forth, shall have been duly executed by an authorized representative of the Bond Registrar. Certificates of Authentication on different Bonds need not be signed by the 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 April 28, 2005. 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 ofthe 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 oftransfers 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 1753593vl 13 C') 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 ofthe City evidencing the same debt, and entitled to the same benefits under this resolution, as the Bonds surrendered for such exchange or transfer. Every Bond presented or surrendered for transfer or exchange shall be duly endorsed or be accompanied by a written instrument of transfer, in form satisfactory to the Bond Registrar, duly executed by the Holder thereof or 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. o Transfers shall also be subject to reasonable regulations ofthe City contained in any agreement with the Bond Registrar, including regulations which permit the Bond Registrar to close its transfer books between record dates and payment dates. The City Clerk is hereby authorized to negotiate and execute the terms of said agreement. 11. Rights Upon Transfer or Exchange. Each Bond delivered upon transfer of or in exchange for or in lieu of any other Bond shall carry all the rights to interest accrued and unpaid, and to accrue, which were carried by such other Bond. 12. Interest Payment: Record Date. Interest on any Bond shall be paid on each Interest Payment Date by check or draft mailed to the person in whose name the Bond is registered (the "Holder") on the registration books ofthe City maintained by the Bond Registrar and at the address appearing thereon at the close of business on the fifteenth (15th) day ofthe calendar month next preceding such Interest Payment Date (the "Regular Record Date"). Any such interest not so timely paid shall cease to be payable to the person who is the Holder thereof as of the Regular Record Date, and shall be payable to the person who is the Holder thereof at the close of business on a date (the "Special Record Date") fixed by the Bond Registrar whenever money becomes available for payment ofthe 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. ,r, '0 13. Treatment of Registered Owner. The City and Bond Registrar may treat the person in whose name any Bond is registered as the owner of such Bond for the purpose of receiving payment of principal of and premium, if any, and interest (subject to the payment provisions in paragraph 12) on, such Bond and for all other purposes whatsoever whether or not such Bond shall be overdue, and neither the City nor the Bond Registrar shall be affected by notice to the contrary. 1753593vl 14 r- "-.,) 14. Delivery: Application of Proceeds. The Bonds when so prepared and executed shall be delivered by the Administrator-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. There is hereby created a special fund to be designated the "General Obligation Improvement Bonds, Series 2005A Fund" (the "Fund") to be administered and maintained by the Administrator-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 the following separate accounts: .r------'" \.J (a) Construction Account. To the Construction Account there shall be credited the proceeds of the sale of the Bonds, less any amount paid for the Bonds in excess of the minimum bid, plus any special assessments levied with respect to the Improvements and collected prior to completion of the Improvements and payment of the costs thereof. From the Construction Account there shall be paid all costs and expenses of making the Improvements listed in paragraph 16, 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. Moneys in the Construction 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 taxes or special assessments herein levied or covenanted to be levied; and provided further that ifupon completion of the Improvements there shall remain any unexpended balance in the Construction Account, the balance (other than any special assessments) shall be transferred by the City Council to the Debt Service Account or the fund of any other improvement instituted pursuant to Minnesota Statutes, Chapter 429, and provided further that any special assessments credited to the Construction Account shall only be applied towards payment of the costs ofthe Improvements upon adoption of a resolution by the City Council determining 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. o (b) Debt Service Account. There are hereby irrevocably appropriated and pledged to, and there shall be credited to, the Debt Service Account: (i) all collections of special assessments herein covenanted to be levied with respect to the Improvements and either initially credited to the Construction Account and not already spent as permitted above and required to pay any principal and interest due on the Bonds or collected subsequent to the completion of the Improvements and payment ofthe costs thereof; (ii) all funds paid for the Bonds in excess ofthe minimum bid; (iii) available City funds in the amount of$87,603.48, deposited at closing, sufficient to pay interest due on the Bonds on or before February 1,2006; (iv) any collections of all taxes hereafter levied for the payment ofthe Bonds and interest thereon; (v) all funds remaining in the Construction Account after completion of the Improvements and payment of the costs thereof, not so transferred to the account of another improvement; (vi) all investment earnings on funds held in the Debt Service Account; and (vii) any and all other moneys which are properly available and are appropriated by the governing body ofthe City to the Debt Service Account. The Debt Service Account shall be used solely to pay the principal and interest and any premiums for redemption of the Bonds and any other general obligation bonds of the City hereafter issued by the City and made payable from said account as provided by law. 1753593vl 15 ( ) '--/ ,---. " '-J' No portion of the proceeds of the Bonds shall be used directly or indirectly to acquire higher yielding investments or to replace funds which were used directly or indirectly to acquire higher yielding investments, except (1) for a reasonable temporary period until such proceeds are needed for the purpose for which the Bonds were issued and (2) in addition to the above in an amount not greater than the lesser of5% of the proceeds of the Bonds or $100,000. To this effect, any proceeds ofthe Bonds and any sums from time to time held in the Construction Account or Debt Service Account (or any other City account which will be used to pay principal or interest to become due on the bonds payable therefrom) in excess of amounts which under then-applicable federal arbitrage regulations may be invested without regard to yield shall not be invested at a yield in excess ofthe 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 20% of the cost to the City of each Improvement financed hereunder 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 ofland benefitted by any of the Improvements. The City hereby covenants and agrees that it will let all construction contracts not heretofore let within one 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 ofthe City officers or employees, either in the 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 heretofore been authorized. Subject to such adjustments as are required by the conditions in existence at the time the assessments are levied, it is hereby determined that the assessments shall be payable in equal, consecutive, annual installments, with general taxes for the years shown below and with interest on the declining balance of all such assessments at the rates per annum not less than the rate per annum set forth opposite the collection years specified below: Improvement Designation Levy Years Rate Collection Years Amount Project 02-33, Andover Station North (Jay Street Construction) $712,000 2005-2011 2006-2012 5.50% .~" , I ',..../ At the time the assessments are in fact levied the City Council shall, based on the then- current estimated collections of the assessments, make any adjustments in any ad valorem taxes 1753593vl 16 o required to be levied in order to assure that the City continues to be in compliance with Minnesota Statutes, Section 475.61, Subdivision 1. o ,- -\ V 17. Tax Levy: Coverage Test. To provide moneys for payment ofthe principal and interest on the Bonds there is hereby levied upon all of the taxable property in the City a direct annual ad valorem tax which shall be spread upon the tax rolls and collected with and as part of other general property taxes in the City for the years and in the amounts as follows: Year of Tax Levy Year of Tax Collection Amount See Attached Levy Schedule The tax levies are such that if collected in full they, together with estimated collections of special assessments and other revenues herein pledged for the payment of the Bonds, will produce at least 5% in excess of the amount needed to meet when due the principal and interest payments on the Bonds. The tax levies shall be irrepealable so long as any of the Bonds are outstanding and unpaid, provided that the City reserves the right and power to reduce the levies in the manner and to the extent permitted by Minnesota Statutes, Section 475.61, Subdivision 3. 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 oflaw now or hereafter authorizing and regulating such action, by depositing irrevocably in escrow, with a suitable banking institution qualified by law as an escrow agent for this purpose, cash or securities described in Minnesota Statutes, Section 475.67, Subdivision 8, bearing interest payable at such times and at such rates and maturing on such dates as shall be required, without regard to sale and/or reinvestment, to pay all amounts to become due thereon to maturity or, if notice of redemption as herein required has been duly provided for, to such earlier redemption date. 19. Compliance With Reimbursement Bond Regulations. The provisions of this paragraph are intended to establish and provide for the City's compliance with United States Treasury Regulations Section 1.150-2 (the "Reimbursement Regulations") applicable to the "reimbursement proceeds" of the Bonds, being those portions thereof which will be used by the City to reimburse itself for any expenditure which the City paid or will have paid prior to the Closing Date (a "Reimbursement Expenditure"). The City hereby certifies and/or covenants as follows: 1753593vl 17 ,~ \.J Tax Levy Calculation For: City of Andover, Minnesota $3,560,000 General Obligation Improvement Bonds, Series 2005A Dated Date: 4/28/2005 (2) (3) Levy Collect Pay Total Funds P&I Less: Net Tax Year Year Year P&I Available (1) x 105% Spec Assmts Levy Levy 2004 I 2005 12006 89,917.48 89,917.48 0.00 0.00 0 2005 I 2006 I 2007 118,572.50 124,501,13 125,286.67 -785,54 -800 2006 I 2007 I 2008 663,572.50 696,751.13 125,286,67 571,464.46 571,500 2007 I 2008 I 2009 667,495.00 700,869.75 125,286,67 575,583.08 575,600 2008 I 2009 I 2010 664,980.00 698,229_00 125,286.67 572,942.33 573,000 2009 I 2010 I 2011 666,130.00 699,436,50 125,286.67 574,149,83 574,200 2010 I 2011 12012 670,730,00 704,266.50 125,286.67 578,979,83 579,000 2011 I 2012 12013 668,542.50 701,969.63 125,286.67 576,682.96 576,700 Totals 4,209,939.98 89,917.48 4,326,023,63 877 ,006,67 3,449,016,96 3,449,200.00 (1) The following funds are available to pay the interest payment due 2/1/2006; o Unused Discount: Funds on Hand; Total Funds Available $2,314.00 87,603.48 $89,917.48 (2) Projected special assessment revenue based on $712,000 assessed at 5.50%. (3) Cashflow and levy needs should be reviewed annually to account for prepaid and/or delinquent assessments. o I ~.~t~'~E~'~ C) C) (a) Not later than 60 days after the date of payment ofa Reimbursement Expenditure, the City (or person designated to do so on behalf of the City) has made or will have made a written declaration of the City's official intent (a "Declaration") which effectively (i) states the City's reasonable expectation to reimburse itself for the payment of the Reimbursement Expenditure out of the proceeds of a subsequent borrowing; (ii) gives a general and functional description ofthe property, project or program to which the Declaration relates and for which the Reimbursement Expenditure is paid, or identifies a specific fund or account of the City and the 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 of the other types of expenditures described in Section 1. 150-2(d)(3) of the Reimbursement Regulations. ,----., '0 (c) The "reimbursement allocation" described in the Reimbursement Regulations for each Reimbursement Expenditure shall and will be made forthwith following (but not prior to) the issuance ofthe Bonds and in all events within the period ending on the date which is the later of three years after payment ofthe Reimbursement Expenditure or one year after the date on which the Project to which the Reimbursement Expenditure relates is first placed in service. (d) Each such reimbursement allocation will be made in a writing that evidences the City's use of Bond proceeds to reimburse the Reimbursement Expenditure and, ifmade within 30 days after the Bonds are issued, shall be treated as made on the day the Bonds are issued. Provided, however, that the City may take action contrary to any of the foregoing covenants in this paragraph upon receipt of an opinion of 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 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. '\ "--.J 1753593vl 18 " o (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 ofthe occurrence of certain material events with respect to the Bonds in accordance with the Undertaking. (c) Provide or cause to be provided, in a timely manner, to (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 and in the Undertaking is intended to be for the benefit of the Holders of the Bonds and shall be enforceable on behalf of such Holders; provided that the right to enforce the provisions of these covenants shall be limited to a right to obtain specific enforcement of the City's obligations under the covenants. The Mayor and City Clerk of the City, or any other officer of the City authorized to act in their place (the "Officers") are hereby authorized and directed to execute on behalf ofthe 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. C) 21. General Obligation Pledge. For the prompt and full payment ofthe 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. Ifthe balance in the Debt Service Account is ever insufficient to pay all principal and interest then due on the Bonds and any other bonds payable therefrom, the deficiency shall be promptly paid out of any other funds ofthe City which are available for such purpose, and such other funds may be reimbursed with or without interest from the Debt Service Account when a sufficient balance is available therein. 22. Certificate of Registration. A certified copy ofthis resolution is hereby directed to be filed with the Director of Anoka County Property Records and Taxation's Office, together with such other information as the Director shall require, and there shall be obtained from the Director a certificate that the Bonds have been entered in the Bond Register and that the tax levy required by law has been made. 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 of the Bonds as the same appear from the books and records under their custody and control or as otherwise known to them, and all such certified copies, certificates and affidavits, including any heretofore furnished, shall be deemed representations of the City as to the facts recited therein. n u 24. Negative Covenant as to Use of Bond 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 1753593vl 19 r-...... <.J 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: Elections. 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 (a) requirements relating to temporary periods for investments, (b) limitations on amounts invested at a yield greater than the yield on the Bonds, and (c) the rebate of excess investment earnings to the United States. The City expects to satisfy the twenty four (24) month expenditure exemption for gross proceeds ofthe Bonds as provided in Section 1.148-7(e)(I) ofthe Regulations. If any elections are available now or hereafter with respect to arbitrage or rebate matters relating to the Bonds, the Mayor, the Administrator-Finance Director, or either of them, are hereby authorized and directed to make such elections as they deem necessary, appropriate or desirable in connection with the Bonds, and all such elections shall be, and shall be deemed and treated as, elections ofthe City. 26. Designation of Qualified Tax-Exempt Obligations. In order to qualify the Bonds as "qualified tax-exempt obligations" within the meaning of Section 265(b)(3) of the Code, the City hereby makes the following factual statements and representations: (a) the Bonds are issued after August 7, 1986; .~ (b) the Bonds are not "private activity bonds" as defined in Section 141 ofthe Code; ( c) the City hereby designates the Bonds as "qualified tax-exempt obligations" for purposes of Section 265(b )(3) ofthe 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 2005 will not exceed $10,000,000; and (e) not more than $10,000,000 of obligations issued by the City during this calendar year 2005 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. Payment 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 N.A., Greenwich, Connecticut 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 f'\ to be invalid or unenforceable for any reason, the invalidity or unenforceability of such section, V paragraph or provision shall not affect any ofthe remaining provisions ofthis resolution. 1753593vl 20 C) 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 Knight and, after a full discussion thereof and upon a vote being taken thereon, the following voted in favor thereof: Gamache, Jacobson, Knight, Orttel, Trude and the following voted against the same: None Whereupon the resolution was declared duly passed and adopted. r\ .~ " (.) 1753593vl 21 " , "-..,/ r~ o ,--- "\ \. I -/ STATE OF MINNESOTA COUNTY OF ANOKA CITY OF ANDOVER I, the undersigned, being the duly qualified and acting City Clerk of the City of Andover, Minnesota, DO HEREBY CERTIFY that I have compared the attached and foregoing extract of minutes with the original thereof on file in my office, and that the same is a full, true and complete transcript of the minutes of a meeting of the City Council, duly called and held on the date therein indicated, insofar as such minutes relate to providing for the issuance and the sale of $3,560,000 General Obligation Improvement Bonds, Series 2005A. WITNESS my hand on Apri1.5 , 2005. fLY:::::J tJ~ City Clerk 1753593vl 22 . r\ : ) '- BID TABULATION $3,560,000 General Obligation Improvement Bonds, Series 2005A CITY OF ANDOVER, MINNESOTA SALE: April 5, 2005 AWARD: WELLS FARGO BROKERAGE SERVICES, LLC RATING: XLCA Insured (Standard & Poor's Credit Markets nAAAn)* BBI: 4,61 % UNDERLYING RATING: Standard & Poor's Credit Markets nA+n NET TRUE NAME OF BIDDER MATURITY RATE REOFFERING PRICE INTEREST INTEREST (February 1) YIELD COST RATE WELLS FARGO BROKERAGE SERVICES, LLC 2008 2.950% 2.950% $3,533,834,00 $676,105.98 3,5529% Minneapolis, Minnesota 2009 3,100% 3.100% 2010 3,250% 3.250% 2011 3.400% 3.400% 2012 3,550% 3.550% 2013 3.650% 3,650% UMB BANK, N.A, 2008 3.050% $3,542,591.60 $681,804.00 3,5780% Kansas City, Missouri 2009 3.200% 2010 3,350% r -, 2011 3,500% , \..-/ 2012 3,600% 2013 3,700% CREWS &ASSOCIATES,INC. 2008 3.500% $3,543,772,15 $688,670,31 3,6180% little Rock, Arkansas 2009 3.500% RBC DAIN RAUSCHER, INC. 2010 3.500% SI. Petersburg, Florida 2011 3,500% SUNTRUST CAPITAL MARKETS, INC. 2012 3.500% Atlanta, Georgia 2013 3,600% FIRST TRUST PORTFOLIOS L.P_ lisle, Illinois STEPHENS INC, Nashville, Tennessee GRIFFIN, KUBIK, STEPHENS & THOMPSON, 2008 3.400% $3,542,400.00 $689,428.96 3,6206% INC. 2009 3.400% Chicago, Illinois 2010 3.400% 2011 3.400% 2012 3,600% 2013 3.700% *XL Capital Assurance purchased by Wells Fargo Brokerage Services, LLC " ') \.-" . EHLERS 3060 Centre Pointe Drive, Roseville, MN 55113 651.697,8500 fax 651.697.8555 www,ehlers-inc.com Offices in Rosevifle, MN Brookfield, WI and Lisle, IL & ASSOCIATES INC ~3,560,OOO General Obligation Improvement Bonds, Series 2005A Parl City of Andover, Minnesota ',-j NET TRUE NAME OF BIDDER MATURITY RATE REOFFERING PRICE INTEREST INTEREST (February 1) YIELD COST RATE PIPER JAFFRAY & CO. 2008 3.500% $3,589,396,55 $699,719.28 3.6429% Minneapolis, Minnesota 2009 3.500% 2010 3.750% 2011 3.750% 2012 4.000% 2013 4.000% CRONIN & COMPANY, INC. 2008 3.250% $3,534,583,30 $694,990.72 3.6540% Minneapolis, Minnesota 2009 3.400% CITIGROUP GLOBAL MARKETS, INC. 2010 3.400% Chicago, Illinois 2011 3.400% UBS FINANCIAL SERVICE, INC. 2012 3,600% Chicago, Illinois 2013 3,700% CIBC WORLD MARKETS New York, New York CITIZENS BANK Flint, Michigan NORTHLAND SECURITIES, INC. 2008 3,000% $3,531,520.00 $696,O05,94 3.65900/ '- Minneapolis, Minnesota 2009 3,200% ' '--) 2010 3.400% 2011 3.500% 2012 3.600% 2013 3.750% fARRIS TRUST & SAVINGS BANK 2008 3.500% $3,540,625.00 $696,431.50 3.6602% Chicago, Illinois 2009 3.500% FIN Financial Capital Markets 2010 3,500% Isaak Bond Investments Inc. 2011 3.500% Tne Bankers Bank 2012 3.550% ,cxelrod Associates, Inc, 2013 3.650% LEGG MASON WOOD WALKER, INC, 2008 3,500% $3,590,109,16 $704,194.38 3.6655% Minneapolis, Minnesota 2009 3,500% 2010 3.625% 2011 4.000% 2012 4,000% 2013 4.000% (") '- CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R067-05 A RESOLUTION APPROVING CONDITIONAL USE PERMIT FOR OFF SALE LIQUOR FOR PROPERTY LEGALLY DESCRIBED AS: LOT 5, BLOCK 1 ANDOVER CLOCKTOWER COMMONS, ANOKA COUNTY, MINNESOTA WHEREAS, Landform has requested approval of a Conditional Use Permit for on and off sale liquor on the subject property, and; WHEREAS, the Planning and Zoning Commission has reviewed the request and has determined that said request meets the criteria of City Code 12-15-6 Conditional Uses, and City Code 3-1, and; NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby approves a Conditional Use Permit for one off sale liquor business on the subject property subject to the following: , J 1. The applicant shall be required to obtain a liquor license from the City Council for one business that proposes sell off sale liquor. 2. The off sale liquor business shall be located in retail space 9, as shown on the attached Exhibit A Retail Center Lease Space Exhibit dated February 23,2005. 3. No signage advertising off sale liquor sales shall be allowed on the north and west elevation of the building on Lot 5, 4. Subject to the location of the said business within the building and limited to the 5, I 00 square feet of Lot 5 on the northwest corner of the building, applicant will submit a diagrarn for the location. 5. Further be it resolved the City Council denies the application for the on sale of liquor because the application is too broad and applies to the entire structure and would enable numerous on sale licenses to be issued without Council input. 6. The trade name of the business will not use the word "liquor". 7. The Conditional Use Permit shall be subject to a sunset clause as defined in City Code 12-15-6. Adopted by the City Council of the City of Andover on this 5th day of April, 2005. CITY OF ANDOVER , J A!IEST: ~/)~ Victoria V olk, City Clerk , , A LANDFORM 1=~/8rr 1't ; " CLOCKTOWER WINE AND SPIRITS :II, :!; @~;; @~ :II :II @~ @:n :!- !. @ ~~U) $I' CD 2)12W 51' @ 2.80<Zl SF G) 1,260 SF @ 1,320 !IF @ 1.320 !IF @ 1,32f/) !IF @ 1,32" $F @ 2P00 eF RETAIL CENTER LEASE SPACE EXHIBIT "I'''''I''~O'' .....".11111. ANDOVER CLOCKTOWER COMMONS RETAIL VE0:3001 02-2:3-05 / . J CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO R066-05 A RESOLUTION APPROVING THE PRELIMINARY PLAT OF "BIRCH POINT ESTATES" ON PROPERTY LOCATED IN SECTION 14, TOWNSHIP 32 RANGE 24, AS ILLUSTRATED ON EXHIBIT A. The southeast quarter of the northeast quarter of Section 14, Township 32, Range 24, Anoka County, Minnesota. WHEREAS, the Andover Review Committee has reviewed the preliminary plat; and WHEREAS, pursuant to published and mailed notice thereof, the Planning Commission has conducted a public hearing on said plat, and; WHEREAS, as a result of such public hearing, the Planning Commission recommends to the City Council the approval of the plat, and; NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby agrees with the recommendation of the Planning Commission and approves the preliminary plat with a variance to City Code 11-3-3-G subject to the following conditions: 1. Contingent upon the approval ofthe Rezoning of the property to R-4 Single Family Urban Residential. Ifthis request fails to be approved, the preliminary plat shall be considered null and void. 2. The developer obtains all necessary permits from the Coon Creek Watershed District, DNR, Corps of Engineers, LGU, MPCA, Anoka County Highway Department and any other agency that may be interested in the site. 3. Park dedication and trail fees shall be collected for Lots 1-5 on Block 1 based on the rate in effect at the time of preliminary plat approval. 4. Park fees for the remaining 29.37-acre lot will be deferred until it is further subdivided. 5. The developer shall be responsible for the cost of construction of all improvements proposed as a part of the preliminary plat. 6. Contingent upon staff review and approval for compliance with City ordinances, policies and guidelines. 7. Such preliminary plat approval is contingent upon a development agreement acceptable to the City Attorney. A financial guarantee will be required as a part of this agreement to assure all of the subdivision improvements will be completed. 8. A variance to City Code 11-3-3-G is granted to the Country Oaks West subdivision to allow a street terminating in a cul-de-sac to exceed 500 feet in length. There is no other way to provide access to the Birch Point Estates plat. 9. Contingent upon the construction of I 62nd Avenue NW through the Country Oaks West subdivision. 3 10. Contingent upon the payment of a proportionate share ofthe improvements required at the intersection of 161 st Avenue NW and Wintergreen Street NW. 11. Site grading shall be allowed at property owners own risk, before FEMA approval of the 100 year flood elevation. Final grading elevations shall be adjusted based on the final flood plain elevation established by FEMA. final plat will not be allowed to be recorded until FEMA has approved the flood elevations and final grades are adjusted accordingly. Adopted by the City Council of the City of Andover this 5th day of April 2005. CITY OF ANDOVER ATTEST: ~tJ4- Victoria V olk, City Clerk 4 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO R065-05 A RESOLUTION GRANTING THE VACATION OF EASEMENT REQUEST OF JOHN AND MARY SUE ANDERSON TO VACATE A PORTION OF THE DRAINAGE AND UTILITY EASEMENT AT 2350 149TH AVENUE NW (PIN 22-32- 24-33-0014) LEGALLY DESCRIBED AS FOLLOWS: Lot 8, Block 2 Woodland Estates, Anoka County, Minnesota WHEREAS, the applicant has requested to vacate a portion of a drainage and utility easement as indicated on Exhibit A, and; WHEREAS, 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 indicated on Exhibit A. . I Adopted by the City Council of the City of Andover on this 5th day of April, 2005. ATIEST CITY OF ANDOVER tLY;;~ ()./b Victoria V olk, City Clerk -' SKETCH & DESCRIPTION for John Anderson F:XU/&l-A- NOTES: DRAINAGE AND UTILITY EASEMENT VACATION ~ Seal.: I" = 30' BllfH:hmark: T.N.H. 0 Lois 72 .t 1J. 810ck 2 D/J\lQtion"'~ o DMlot" 7/2 inch by 14 Inch iron pip'. monument $1IJf, marlc/Jd wlrh 0 plastic cap inscribed "Rt.S 2SJ4r . ",II 100 year nr>od "f~"",tkKl Is from the City approwd Grading Plan prepared by Hokanson. Andttrson Assoc.. Inc., dated '0-06-7996 OVERALL DESCRIPTION Lof 8. B/ocle 2. WOODLAND ESTATES, Anoka County, Minnesota. . Denot~ iron pipe mO(JlJm~t found. morbd -RLS 18420~. unless oth.,....;:;. (toted. A s.t Splb lb. orlt:nfation of this Bearinf} $)Stem Is band upon the recorded pia' of WDODLAND EST). rES. 81. " 417i: ./ ~.9.?>.Q ;V-Ue kl1: Oc ~ :$ - .. " l'tr o ~2S343 588'49'52"E 135,50 '-S[ comw of l.Dt a. Block 2 PROPOSED DESCRIPTION FOR DRAINAGE AND UTILITY EASEMENT VACATION That part of the droinag~ and uft7ity easement over, under and across Lot 8. Block 2. WOODLAND ESTA ~S. Anoka county. Minnesota, according to the recorded plot thereof. described os follows: Commencing at the southeast comer of said Lot 8. Block 2: thence North 18 degrees 25 minutes 10 seconds East, assumed bearing. along the southeasterly line of said Lot B, Block 2 a distance of J5.64 feet to the point of beginning of the vacated easement pan:e/ to be described: thence North 74 degrees 51 minutes 34 s(K;onds West a distance of 89.32 feet; thence North 48 degrees DB minutes 25 seconds West a distance of 22.00 feet to the northwesterly line of said Lot B, Block 2: thence North JJ degrees 10 minutes 08 seconds. East along the northwesterly line of said Lot 8. Block 2 a distance of 25.55 feet: thence South 64 degrees 72 minutes 27 seconds East a distance of 703.77 feet to the southeasterly line of said Lot B. Block 2: thence southwesterly along the southeasterly line of said Lot 8. Block 2 a distance of 75.03 feet to the point of beginning. Except the northwesterly 5.00 feet and the southeasterly 10.00 feet of the above described parcel, as measured at right angles to said northwesterly and southeasterly lines of said Lot 8. Block 2. ~111~~~:OYors &: Civil Engineers, Inc. 710 fad River Rood Anoka,. IAn. 5530:1 Ph. 76.]-712-9099 Fax: 76:1-n2-90S5 Job No. 05-" 7 BCXJIc-Pog_ ~ Mod FP_ ...1!1=!.JL @2005 _ I/Id"..t LGnd s.x-~ It CIv# Englt>nt'& Aotc. - AI RIght. Rn_d. , hereby CtNtlfy thot thJ. .vrvey. plot! lIT report """ prt1p{Tftd by ma lIT lJfId~ my direct .uper~s/ofl ond tltot I om a duly LkoIlfl..d L_d S-yor under Ih. 10.... of 1/1.. Stota 0' MiMla.oto. ~d No t8rl/fIcoUan wtlots08\1M' Is axltmded to 6Ubsequanf OIl'Tla:r5" mortgagoes or Ima In!Wf'.... unla_ this surwy ha. bean radot_d hK this purposa by the .ur-yor. By .- fTIlFWAlrY .2005- Raglstff1!iOflNo.~ a ~.ad Lcrnd Surwycr , / CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. ROM-OS A RESOLUTION GRANTING THE REQUEST OF LOU SISSON TO VACATE A PORTION OF THE DRAINAGE AND UTILITY EASEMENT OF 835 146TH LANE NW, LEGALLY DESCRIBED AS: Lot 3, Block 5, Barnes Rolling Oaks 2nd Addition, Anoka County, Minnesota. WHEREAS, Lou Sisson has requested to vacate a portion of the drainage and utility easement located on said property legally described as: Beginning at the southeast comer of said Lot 3; thence North 89 degrees 18 minutes 09 seconds West, assumed bearing, along the south line thereof a distance of 289.99 feet to the east line of the west 40.00 feet thereof; thence North 00 degrees 25 minutes 51 seconds West, along said east line, a distance of 147.72 feet; thence North 62 degrees 11 minutes 38 seconds East a distance of 326.50 feet to the east line of said Lot 3; thence South 00 degrees 25 minutes 51 seconds East, along said east line, a distance of303.56 feet to the point of beginning, EXCEPT the south 100.00 feet thereof, AND EXCEPT the east 10.00 feet thereof. , , ./ 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: I) The area vacated shall conform to Exhibit A and to the legal description dated February 3, 2005. Adopted by the City Council of the City of Andover on this 4th day of April, 2005. CITY OF ANDOVER ATTEST f.L'L;:'J O~ Victoria V olk, City Clerk / / MOTION by Councilmember CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 063-05 Jacobson to adopt the following: A RESOLUTION ORDERING THE IMPROVEMENT OF 2005 OVERLAYS, PROJECT NO. 05-2 IN THE AREA OF VALLEY VIEW ESTATES & VALLEY VIEW ESTATES 2ND ADDiTION AND DIRECTING PREPARATION OF FINAL PLANS AND SPECIFICATIONS. WHEREAS, Resolution No. 034-05 of the City Council adopted on the 1 st day of March ,2005, fixed a date for a public hearing; and WHEREAS, pursuant to the required published and mailed notice such hearing was held on the 5th day of April , 2005; 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 , I Andover to hereby order improvement Project No. 05-2 MOTION seconded by Council member Kniqht and adopted by the City Council at a reqular meeting this 5th day of April , 2005, with Councilmembers Jacobson, Trude, Ortlel, Kniqht. Gamache voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. ATTEST: CITY OF ANDOVER ~/f4J }VI chael R. Gamache - Mayor ~ !JLb Victoria Volk - City Clerk . I CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 062-05 MOTION by Councilmember Jacobson to adopt the following: A RESOLUTION APPROVING CHANGE ORDER #----1- TO PROJECT NO. 04-13. VETERANS MEMORIAL BOULEVARD NW (SAP 198-137-01). WHEREAS, the City of Andover has a contract for Project No. 04-13 with Northern Asphalt of Shakopee, MN NOW THEREFORE, BE IT RESOLVED by the City Council of Andover to hereby approve the change order to Project No. 04-13. Adopted by the City Council of the City of Andover this April , 2005. 5th day of CITY OF ANDOVER ATTEST: .,~~Z4 Ichael R. Gamache - Mayor It~;~ ~ Victoria Volk - City Clerk G:\DA T A\ST AFF\RHONDAAIAGENDA\RESOLUTI\2005\040505\COl 04-13.DOC CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 061-05 MOTION by Council member Jacobson to adopt the following: A RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR THE IMPROVEMENT OF PROJECT NO. 05-3 FOR 2005 CRACK SEALING. WHEREAS, pursuant to advertisement for bids as set out in Council Resolution No. 035-05 , dated March 1, 2005, bids were received, opened and tabulated according to law with results as follows: Precision Sealcoating, Inc. Daffinson Pavement Maint. Astech $68,522.20 $74,045.40 $75,037.85 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby accept the bids as shown to indicate Precision Sealcoatinq, 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 Precision Sealcoatinq, Inc. in the amount of $ 68,522.20 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 Trude City Council at a reqular meeting this 5th day of April Council members Jacobson, Trude. o rtle I , Kniqht, Gamache of the resolution, and Council members none against, whereupon said resolution was declared passed. and adopted by the , 2005 , with voting in favor voting CITY OF ANDOVER ATTEST: / (Leu- Ocr!.? Victoria Volk - City Clerk , ) CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 060-05 MOTION by Council member Jacobson to adopt the following: A RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR PROJECT NO. 04-36 ,LIFT STATION #4 . WHEREAS, pursuant to advertisement for bids as set out in Council Resolution No. 026-05 ,dated February 15, 2005, bids were received, opened and tabulated according to law with results as follows: Penn Cont., Inc. Jay Bros., Inc. Engineering & Const. Innovations, Inc. $128,000.00 $138,350.00 $152,265.00 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby accept the bids as shown to indicate Penn Cont.. 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 Penn Cont., Inc. in the amount of $ 128,000.00 for construction of the improvements; and direct the City Clerk to return to all bidders the deposits made with their bids, except that the deposit of the successful bidder and the next lowest bidder shall be retained until the contract has been executed and bond requirements met. MOTION seconded by Council member Trude City Council at a reQular meeting this 5th day of April Council members Jacobson. Trude, Ortlel, Kniqht. Gamache of the resolution, and Council members none against, whereupon said resolution was declared passed. and adopted by the , 2005 , with voting in favor voting CITY OF ANDOVER ATTEST: , / ~!J$ Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 059-05 MOTION by Councilmember Jacobson to adopt the following: A RESOLUTION APPROVING FINAL PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR PROJECT NO. 04-46, HANSON BOULEVARD TRAIL WHEREAS, pursuant to Resolution No. 047-05 , adopted by the City Council on the 15tfi day of March , 2005, The City of Andover Enqineerinq Department has prepared final plans and specifications for Project _ 04-46, Hanson Boulevard Trail. WHEREAS, such final plans and specifications were presented to the City Council for their review on the 5th day of April , 2005. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby approve the Final Plans and Specifications. BE IT FURTHER RESOLVED by the City Council of the City of Andover to hereby direct the City Clerk to seek public bids as required by law, with such bids to be opened at 1 :30 p.m. May 4 ,2005 at the Andover City Hall. MOTION seconded by Councilmember Trude City Council at a reqular meeting this 5th day of April Councilmembers Jacobson, Trude. Orttel. Kniqht. Gamache and adopted by the , 2005 , with voting in favor of the resolution, and Council members against, whereupon said resolution was declared passed. none voting CITY OF ANDOVER ATTEST: i ./ t1~~ /J.$ Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 058-05 MOTION by Council member Jacobson to adopt the following: A RESOLUTION APPROVING FINAL PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR CROSSTOWN BOULEVARD NW & 159 TH AVENUE NW, PROJECT NO. 04-33. - WHEREAS, pursuant to Resolution No. 038-05 , adopted by the City Council on the 1 st day of March , 2005 ,the City Enqineer has prepared final ~Ians and specifications for Project 04-33, Crosstown Boulevard NW & 159T Avenue NW . WHEREAS, such final plans and specifications were presented to the City Council for their review on the 5th day of April , 2005 . NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby approve the Final Plans and Specifications. BE IT FURTHER RESOLVED by the City Council of the City of Andover to hereby direct the City Clerk to seek public bids as required by law, with such bids to be opened at 10:00 a.m., Wednesday, May 11, 2005 at the Andover City Hall. MOTION seconded by Councilmember Trude and adopted by the City Council at a reqular meeting this 5th day of April , 2005 , with Councilmembers Jacobson. Trude, Ortlel, Kniqht. Gamache voting in favor of the resolution, and Councilmembers against, whereupon said resolution was declared passed. none voting CITY OF ANDOVER ATTEST: ().~ !J'/~ Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 057-05 MOTION by Councilmember Jacobson to adopt the following: A RESOLUTION ACCEPTING FEASIBILITY REPORT, WAIVING PUBLIC HEARING, ORDERING AND APPROVING PLANS AND SPECIFICATIONS AND ORDERING THE ADVERTISEMENT FOR BIDS FOR THE IMPROVEMENT OF CROSSTOWN BOULEVARD NW & XEON STREET NW ,PROJECT NO. 04-32. WHEREAS, pursuant to Resolution No. 027-05, adopted the 15th day of Februarv ,2005 a Feasibility Report has been prepared by the City Enqineer for the improvements: and WHEREAS, such report was received by the City Council on the 5th day of ADril ,2005; and WHEREAS, the property owners have waived the right to a Public Hearing; and WHEREAS, such report declared the proposed assessment to be feasible for an estimated project cost of $423.440.91. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover that: 1. The City Council hereby accepts the Feasibility Report for Project No. 04-32 and waives the public hearing. 2. The Council will consider the improvements in accordance with the report and the assessment of abutting property for all or a portion of the improvement pursuant to Minnesota Statutes Chapter 429 at an estimated total cost of the improvement of $423.440.91 WHEREAS, final plans and specifications were presented and approved by the City Council on 5th day of ADril, 2005 . BE IT FURTHER RESOLVED by the City Council of the City of Andover to hereby direct the City Clerk to seek public bids as required by law, with such bids to be opened at 10:00 a.m., Wednesday, May 11, 2005 at the Andover City Hall. MOTION seconded by Councilmember Trude and adopted by the City Council at a reqular meeting this 5th day of April , 2005 , with Councilmembers Jacobson, Trude. OrUel. Kniqht. Gamache the resolution, and Councilmembers none voting in favor of voting against, whereupon said resolution was declared passed. ATTEST: '. I JY:.:..u iJLL- Victoria Volk - City Clerk -' CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R056-05 ITEM 7 - RESOLUTION OF AUTHORIZATION BE IT RESOLVED that the City of Andover act as legal sponsor for the project contained in the Remediation Fund Grant Program Application to be submitted on March 30. 2005 and that Michael R. Gamache, Mayor, is hereby authorized to apply to the Department of Natural Resources for funding of this project on behalf of the City of Andover. BE IT FURTHER RESOLVED that the City of Andover has the legal authority to apply for financial assistance, and ensure adequate management and protection. BE IT FURTHER RESOLVED that the City of Andover has not incurred any costs described on Item 5 and has not entered into a written purchase agreement for the property described on Item 4. BE IT FURTIIER RESOLVED that upon approval of its application by the state, the City of Andover may enter into an agreement with the State of Minnesota for the above-referenced project, and that the City of Andover certifies that it will comply with all applicable laws and regulations as stated in the grant agreement including dedicating the project property for natural resource conservation and protection uses in perpetuity. BE IT FURTIIER RESOLVED that in the event of title discrepancies or encumbrances that the Department of Natural Resources deems interfere with the purpose for which these funds were granted, or if Department of Natural Resources determines that the project or property is no longer used and maintained for its original purpose, the City of Andover shall reimburse DNR for the state funds received for the proj ect. NOW, THEREFORE BE IT RESOLVED that Mayor Michael R. Gamache is hereby authorized to execute such agreements as are necessary to implement the project on behalf of the applicant. Adopted by the Andover City Council of the City of Andover this 29th day of March ,2005. ATTEST: SIGNED: ;%.~ 4? ~... Michae . Gamache - Mayor tt ~tJ~ Victoria V olk - City Clerk , / G:\DA T A 1ST AFF\RHONDAA \AGENDA IRESOLUT1\20051040505\resolution-Grant(supplemental).doc CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO ROSS-OS A RESOLUTION AMENDING RESOLUTION R182-04 APPROVING THE PRELIMINARY PLAT OF "KIMBERLY OAKS" FOR DALE HOWARD ON PROPERTY LOCATED IN SECTION 15, TOWNSHIP 32 RANGE 24 LEGALLY DESCRIBED AS: The Northwest Quarter of the Northwest Quarter of Section 15, Township 32, Range 24, excepting therefrom the South 1 rod thereof WHEREAS, Dale Howard has requested approval of a preliminary plat ofK.imberly Oaks, and; WHEREAS, the Andover Review Committee has reviewed the preliminary plat, and; WHEREAS, pursuant to published and mailed notice thereof, the Planning Commission has conducted a public hearing on said plat, and; WHEREAS, the applicant has requested a variance to City Code 11-3-3G. to allow a street terminating in a cul-de-sac to exceed 500 feet in length, and; ,/ WHEREAS, the Planning Commission recommends approval of the variance based on the following findings: 1. The variance will be eliminated when the street is extended to the north in the future. 2. The Anoka County Highway Department will allow only one access to the site from Verdin Street. With existing development to the south, wetlands to the east and no involvement from properties to the north, there is no opportunity to provide another street connection at this time. WHEREAS, as a result of such public hearing, the Planning Commission recommends to the City Council the approval of the plat, and; NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby agrees with the recommendation of the Planning Commission and approves the preliminary plat with a variance to City Code 11-3-3G. subject to the following conditions: I. The preliminary plat shall conform to the drawing revised September 27,2004 starnped received by the City of Andover September 28, 2004 except so as to be modified as follows: a. To eliminate Outlot A by combining the outlot with adjacent property. b. To conform with subsequent review comments from the Engineering Department, TKDA and the Lower Rum River Watershed Management Organization. 2. The developer obtains all necessary permits from the Minnesota Department of Natural , / Resources, US. Army Corp of Engineers, Lower Rum River Watershed Management organization, Anoka County Highway Department, Minnesota Pollution Control Agency, LGU, and any other agency that may have an interest in the site. 2. Contingent upon the approval of the Conditional Use Permit for Floodplain Map Amendment. If this request fails to be approved, the preliminary plat shall be considered null and void. 3. Park dedication and trail fees shall be collected for each lot based on the rate in effect at the time of preliminary plat approval. 4. The developer shall be responsible for the cost of construction of all improvements proposed as a part of the preliminary plat. 5. Contingent upon staff review and approval for compliance with City ordinances, policies and guidelines. 6. Site grading shall be allowed at property owners own risk, before FEMA approval of the 100 year flood elevation only after watershed district approval and City approval of the grading plan have been achieved. Final grading elevations shall be adjusted based on the final flood plain elevation established by FEMA. Final plat will not be allowed to be recorded until FEMA has approved the flood elevations and final grades are adjusted accordingly. 7. Such plat approval is contingent upon a development agreement acceptable to the City Attorney. A financial guarantee will be required as a part of this agreement to assure all of the subdivision improvements will be completed. Adopted by the City Council of the City of Andover this 15th day of March, 2005. ATTEST: ~()4 Victoria V olk, City Clerk , ' / CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO R054-05 A RESOLUTION AMENDING RESOLUTION R192-04 APPROVING THE PRELIMINARY PLAT WITH PLANNED UNIT DEVELOPMENT REVIEW OF "COUNTRY OAKS WEST" FOR PENTAGON HOMES ON PROPERTY LOCATED AT 1l01161sT AVENUENW (P.I.D. 14-32-24-12-0004) LEGALLY DESCRIBED ON EXHIBIT A WHEREAS, Pentagon Homes has requested approval of a preliminary plat with Planned Unit Development Review of Country Oaks West, and; WHEREAS, the Andover Review Committee has reviewed the preliminary plat; and WHEREAS, pursuant to published and mailed notice thereof, the Planning Commission has conducted a public hearing on said plat, and; WHEREAS, the applicant has requested a variance to City Code 11-3-2C. to allow access to an arterial roadway at a spacing of less than 660 feet, and; WHEREAS, the Planning Commission recommends approval of the variance based on the ,/ finding that the access has been located to maximize the distance between two existing accesses on the south side of 161 51 Avenue and the alignment of the proposed access with these existing accesses is not possible or would not be approved by the Anoka County Highway Department. WHEREAS, the applicant has requested a variance to City Code 11-3-2 to allow lots to front on a collector street, and; WHEREAS, the Planning Commission recommends approval of the variance based on the finding that the location of wetlands on the property eliminates any other method of providing access at the north end of the proposed project and the anticipated daily traffic on the collector street falls within the definition of a minor collector street as recommended by the Planning Commission, and; WHEREAS, the applicant has requested a variance to City Code 11-3-6F.to allow Lots 1,2 and 3 of Block 2 to be double frontage lots, and; WHEREAS, the Planning Commission recommends approval of the variance based on the finding that by allowing these lots to have double frontage, the driveways can access an interior local street instead of the collector street. WHEREAS, the applicant has requested a variance to City Code 11-3-3G. to exceed the 500 foot ,/ maximum cul-de-sac length, and; \ , J WHEREAS, the Planning Commission recommends approval of the variance based on the finding that wetlands to the west, a railroad to the east and no involvement from properties to the north prevent another street connection at this time. Additionally, there is potential for the collector street to continue north and eliminate the variance in the future. WHEREAS, the Planning Commission has reviewed the request and has determined that said request meets the criteria of City Code 13 Planned Unit Development with the following findings: WHEREAS, as a result of such public hearing, the Planning and Commission recommended to the City Council approval of the plat, and; NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover has received the recommendation of the Planning Commission and approves the preliminary plat for one hundred lots with the following conditions: 1. The Preliminary Plat shall conform to the plans revised October 29,2004 and stamped received on October 29,2004 except so as to be modified as follows: a. As required by the Coon Creek Watershed management Organization prior to final plat approval. / 2. The Landscaping Plan shall be revised to have the edging and plant material shown in the boulevard moved out of the street right-of-way. 3. The front yard trees shown along the new collector street are provided to help achieve a parkway design and shall not be used to satisfy the front yard tree requirements for new lots. 4. The development shall conform to City Code Titles 11, 12, and 13, as well as Exhibit B "Country Oaks West Design Standards". Exhibit B shall regulate when in conflict with the City Code. 5. The developer obtains all necessary permits from the Coon Creek Watershed District, DNR, Corps of Engineers, LGU, MPCA, Anoka County Highway Department and any other agency that may be interested in the site. 6. Contingent upon the approval of the Rezoning of the property to R-4 Single Farnily Urban Residential and M-l Multiple Dwelling Medium Density. Ifthis request fails to be approved, the preliminary plat shall be considered null and void. 7. Site grading shall be allowed at property owners own risk, before FEMA approval of the 100 year flood elevation. Final grading elevations shall be adjusted based on the final flood plain elevation established by FEMA. Final plat will not be allowed to be recorded until FEMA has approved the flood elevations and final grades are adjusted accordingly. 8. Contingent upon the approval of the Conditional Use Permit for Floodplain Map Amendment. If this request fails to be approved, the preliminary plat shall be considered null and void. 9. Park dedication shall be paid per City Code 11-3-7, with credit for dedicated park land and park improvements to be determined by the Council at the time of final plat consideration. 10. Trail fees shall be paid on a per lot basis at the rate in effect at the time of preliminary plat approval. , J 11. A variance to City Code 11-3-2C. is granted to allow access spacing of less than 660 feet. 12. A variance to City Code 11-3-2 is granted to allow lots to front on a collector street. 13. A variance is granted to City Code 11-3-6F. to allow Lots, 1,2 and 3, Block 2 to be double frontage lots. 14. A variance to City Code 11-3-6G. is granted to allow a street terminating in a cul-de-sac to exceed 500 feet in length. 15. A property owners association shall be created with the following documents provided to the City Attorney for review and approval prior to being recorded with the final plat in accordance with City Code 11-2-3: a. Articles of Incorporation b. By-laws of the association c. Declaration of covenants, conditions and restrictions regulating the properties, exterior maintenance of the homes and maintenance of the common areas. 16. Contingent upon staff review and approval for compliance with City ordinances, policies and guidelines. 17. Such plat approval is contingent upon a development agreement acceptable to the City Attorney. A financial guarantee will be required as a part of this agreement to assure typical subdivision improvements will be completed. Adopted by the City Council of the City of Andover this 15th day of March, 2005. CITY OF ANDOVER ATTEST: LL-;fM~ f)$ Victoria V olk, City Clerk , , EXHIBIT A COUNTRY OAKS WEST LEGAL DESCRIPTION All that part of the Northeast Quarter (NE Y-t) of Section Fourteen (14), Township Thirty-two (32), Range Twenty-Four (24), Anoka County, Minnesota, lying on the Westerly side of the right of way of the Eastern Railway Company of Minnesota except a strip ofland in the Northeast corner thereof described as follows: Commencing at a point where said Railroad intersects the North line of said Northeast Quarter (NE I/.) of Section Fourteen (14), Township Thirty-two (32), Range Twenty-four (24); thence South along the Westerly side of said right of way, Thirty- two (32) rods more or less to the private crossing of said property; thence West at right angles Three (3) rods; thence North at right angles and parallel with said railway right of way Thirty- two (32) rods more or less to the North line of said Northeast Quarter (NE Y-t) of Section Fourteen (14), Township Thirty-two (32), Range Twenty-four (24); thence East at right angles Three (3) rods to the point of commencement, ALSO EXCEPT, The West Three hundred (300) feet of the South Three hundred and sixty-three (363) feet of the Northeast Quarter (NE Y-t) of Section Fourteen (14), Township Thirty-two (32), Range Twenty-four (24), lying on the Westerly side ofthe right of way of the Eastern Railway Company of Minnesota, J AND ALSO EXCEPT, That part of the south 325.00 feet of the Northeast Quarter of Section 14, Township 32, Range 24, Anoka County, Minnesota, lying westerly of the westerly right-of-way line of the Burlington Northern Railroad and lying easterly of the following described line: Commencing at the southwest corner of said Northeast Quarter; thence South 88 degrees 40 minutes 45 seconds East, assumed bearing, along the south line thereof, a distance of 810.81 feet to the point of beginning of the line to be described; thence North I degree 32 minutes 33 seconds East, a distance of 325.00 feet to the north line of the south 325.00 feet thereof, and said line there terminating. , _I EXHIBIT B COUNTRY OAKS WEST DEVELOPMENT STANDARDS Twinhouse Dimensional Standards Item Standard Min. Lot Area 8,000 -19,889 s.f, as shown on preliminary plat revised October 29,2004 and stamped received by the City of Andover October 29,2004 Min, Lot Width 85-100 feet per twinhouse as shown on preliminary plat revised October 29,2004 and stamped received by the lcity of Andover October 29,2004 Front Setback 125 feet Side Setbacks 10 feet Side Setback Adjacent to Street NA Rear Setbacks 65 feet minimum Twinhomes The exterior elevations shall match the elevation drawing stamped received by the City of Andover September 21,2004. LandscaDinl!: Plan The Landscaping Plan shall conform to the plan stamped received by the City of Andover October 29, 2004 and approved by the City Council on November 3, 2004 Area Identification Sil!:ll The Area Identification Sign shall conform to the drawing stamped received by the City of Andover October 8, 2004. CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA , / RES. NO R 053-05 A RESOLUTION APPROVING THE FINAL PLAT OF "ANDOVER STATION NORTH' BEING DEVELOPED BY THE ANDOVER ECONOMIC DEVELOPMENT AUTHORITY LOCATED AT THE NORTHEAST CORNER OF BUNKER LAKE BOULEVARD AND JAY STREET IN SECTION 34, TOWNSHIP 32, RANGE 24, ANOKA COUNTY, MINNESOTA, LEGALLY DESCRIBED AS FOLLOWS: That part of the Northeast Quarter of the Northeast Quarter, Section 34, Township 32, Range 24, Anoka County, Minnesota, lying southerly of the following described line: Beginning at a point on the west line of said Northeast Quarter of the Northeast Quarter distant 15.00 feet south from the northwest comer of said Northeast Quarter of the Northeast Quarter; thence on an assumed bearing of South 89 degrees 08 minutes 39 seconds East, parallel with the north line of said Northeast Quarter of the Northeast Quarter, a distance of 180.50 feet; thence South 75 degrees 30 minutes 33 seconds East a distance of 190.89 feet; thence South 89 degrees 08 minutes 39 seconds East a distance of 474.80 feet; thence North 67 degrees 05 minutes 08 seconds East a distance of I I 1.64 feet; thence South 89 degrees 08 minutes 39 seconds East a distance of 373.94 feet to a point on the east line of said Northeast Quarter of the Northeast Quarter and said line there terminating; AND j That part ofthe Northwest Quarter of the Northeast Quarter, Section 34, Township 32, Range 24, Anoka County, Minnesota, lying westerly and southerly of the following described line: Commencing at the northeast comer of said Northwest Quarter of the Northeast Quarter; thence on an assumed bearing of North 89 degrees 08 minutes 39 seconds West, along the north line of said Northwest Quarter of the Northeast Quarter, a distance of 1078.71 feet to the actual point of beginning of the line to be described; thence South 68 degrees 56 minutes 3 I seconds East a distance of 402.99 feet; thence South 81 degrees 03 minutes 01 seconds East a distance of 109.56 feet; thence North 70 degrees 32 minutes 11 seconds East a distance of 198.91 feet; thence North 80 degrees 59 minutes 38 seconds East a distance of 411.75 feet to a point on the east line of said Northwest Quarter of the Northeast Quarter distance 15.00 feet south from said northeast comer of the Northwest Quarter of the Northeast Quarter, and said line there terminating; AND The Southeast Quarter of the Northeast Quarter of Section 34, Township 32, Range 24, Anoka County, Minnesota, EXCEPT the east 600.00 feet thereof, and also EXCEPT part taken for street and utility purposes as shown in Final Certificate recorded as Document No. 1141388, and EXCEPT the following described tract ofland: , , All that part of the Southeast Quarter of the Northeast Quarter of Section 34, Township 32 North, Range 24 West, Anoka County, Minnesota, described as follows: Commencing at the southwest comer of said Southeast Quarter of the Northeast Quarter; thence on an assumed bearing of North 00 degrees 14 minutes 51 seconds East along the west line of said Southeast Quarter of the Northeast Quarter, a distance of 309.76 feet; thence South 88 degrees 18 minutes 29 seconds East, a distance of 32.01 feet to its intersection with a line drawn parallel with and distant 32.00 feet east of said west line of the Southeast Quarter of the Northeast Quarter and to the point of beginning of the parcel of land to be described; thence continuing along the last described course, a distance of 319.42 feet; thence South 01 degree 41 minutes 31 seconds West, a distance of 242.00 feet; thence North 88 degrees 18 minutes 29 seconds West, a distance of 284.07 feet; thence northwesterly a distance of 46.37 feet along a tangential curve concave to the northeast having a radius of 30.00 feet and a central angle of 88 degrees 33 minutes 19 seconds to its intersection with said line drawn parallel with an distant 32.00 feet east of the west line of the Southeast Quarter of the Northeast Quarter; thence North 00 degrees 14 minutes 51 seconds East tangent to said curve along said line drawn parallel with and distant 32.00 feet east of the west line of the Southeast Quarter of the Northeast Quarter, a distance of212.82 feet to the point of beginning ofthe parcel ofland described. WHEREAS, the City Council has approved the preliminary plat of the project to be known as "Andover Station North"; and WHEREAS, the Developer has presented the final plat of "Andover Station North" and WHEREAS; the City Engineer has reviewed such final plat for conformance with the preliminary plat. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby approve the final plat of "Andover Station North" contingent upon the following: 1. All conditions indicated in the preliminary plat resolution. 2. Developer is responsible for obtaining all permits from U.S. Army Corps of Engineers, DNR, LGU, Coon Creek Watershed District, MPCA and any other agency that may be interested in the site. 3. Park dedication fee to be paid as recommended by the Park and Recreation Commission and approved by the City Council. Park fee payment would be allowed on a lot by lot basis (at the time of sale oflot(s) from the Andover EDA to the developer). Adopted by the City Council of the City of Andover this 15th day of March, 2005. A TfE~T: IWd {j,,!'-t-i,J u. ~ Victoria Volk, City Clerk , , J CITY OF ANDOVER COUNTYOFANOKA STATE OF MINNESOTA RES. NO R052-05 A RESOLUTION APPROVING THE PRELIMINARY PLAT WITH PLANNED UNIT DEVELOPMENT REVIEW OF "PARKS IDE AT ANDOVER STATION" FOR PROPERTY LOCATED IN SECTION 34, TOWNSHIP 32, RANGE 24, ANOKA COUNTY, MINNESOTA, DESCRIBED AS IN THE NORTH HALF OF THE NORTHEAST QUARTER OF SECTION 34, TOWNSHIP 32 RANGE 24, ANOKA COUNTY MINNESOTA AS SHOWN ON THE ATTACHED PRELIMINARY PLAT WHEREAS, Bruggeman Homes has requested approval of a preliminary plat with Planned Unit Development Review of Parkside at Andover Station; and WHEREAS, the Andover Review Committee has reviewed the preliminary plat; and WHEREAS, pursuant to published and mailed notice thereof, the Planning Commission has conducted a public hearing on said plat; and / WHEREAS, the Planning Commission has reviewed the request and has determined that said request meets the criteria of City Code 13 Planned Unit Development with the following findings: 1. The project is efficiently designed and preserves space to provide common open space, preserve trees, implement an attractive landscaping theme and provide buffering from the single family neighborhood to the west. 2. The project provides pedestrian connections that will match the design standards established for Andover Station. 3. The project provides an attractive streetscape through the arrangement of structures, landscaping, lighting and trails. 4. The structures provide quality architectural design and low maintenance materials that will reduce maintenance costs and allow the project to remain attractive and well maintained into the future. WHEREAS, the applicant has requested approval of a variance to City Code 11-3-3G. to allow a street terminating in a cul-de-sac to exceed 500 feet in length; and WHEREAS, the Planning Commission recommends approval of the variance based on the following findings: I. A loop street providing a second access point will be completed as a public project at the time the community park to the north is developed. WHEREAS, the applicant has requested approval of a variance to City Code 9-1-4. to allow similar structures within 300 feet of one another; and / WHEREAS, the Planning Commission recommends approval of the variance based on the following findings: .' 1. The proposed project has been designed to provide two types of housing and arranged to provide some variety within a unified overall theme. This design utilizes similar materials to reduce maintenance costs to allow the project to remain attractive and well maintained into the future. WHEREAS, the applicant has requested approval ofa variance to City Code 11-3-3. to allow lots with less than 100 feet of buildable lot depth and lots with less than 116.5 feet of buildable lot depth adjacent to wetlands; and WHEREAS, the Planning Commission recommends approval of the variance based on the following findings: I. These standards were established to allow sufficient rear yard space for single farnily developments. The design of the proposed units, the relationship of lot boxes to common open space and reduced setbacks result in a different kind of neighborhood design. WHEREAS, the Planning Commission finds the request would not have a detrimental effect on the property values and scenic views of the surrounding area, and; WHEREAS, as a result of such public hearing, the Planning Commission recommends to the City Council the approval of the plat, and; NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby agrees with the recommendation of the Planning and Zoning Commission and approves the J Preliminary Plat with Planned Unit Development Review, with the following conditions: I. The Preliminary Plat shall conform to the plans revised January 28, 2005 and stamped received on February 23, 2005 except to be modified as follows: a. To create a separate lot of record between the rear yards of Lots 1-10, Block 2 and the side yards of Lots 11-33, Block 2 to be owned by the homeowners association for recreation purposes for all owners within said association. 2. The development shall conform to City Code Titles II, 12, and 13, as well as Exhibit B "Parkside at Andover Station Design Standards". Exhibit B shall regulate when in conflict with the City Code. 3. Exhibit B shall regulate the lot dimensions, setbacks, area identification sign and landscaping plan for the proposed development. 4. A variance to City Code 11-3-3G. to allow a street terminating in a cul-de-sac to exceed 500 feet in length is hereby approved. 5. A variance to City Code 9-1-4. to allow similar structures within 300 feet of one another is hereby approved. 6. A variance to allow lots with less than 100 feet of buildable lot depth and lots with less than 116.5 feet of buildable lot depth adjacent to a wetland is hereby approved. 7. The developer obtains all necessary permits from the Coon Creek Watershed District, DNR, Corps of Engineers, LGU, MPCA, Anoka County Highway Department and any other agency that may be interested in the site. 8. Park dedication and trail fees shall be based paid on a per unit basis at the rate in effect at the time of preliminary plat approval. This payment shall be based on the number of units on the final plat(s) and shall be made prior to the City's release ofthe final plat(s). 9. Contingent upon staff review and approval for compliance with City ordinances, policies and guidelines. 10. Such plat approval is contingent upon a development agreement acceptable to the City Attorney. 11. A property owners association shall be created with the following documents provided to the City Attorney for review and approval prior to being recorded with the final plat in accordance with City Code 11-2-3: a. Articles ofIncorporation b. By-laws of the association c. Declaration of covenants, conditions and restrictions regulating the properties, exterior maintenance of the homes and maintenance ofthe common areas. ~L ichael R. Gamache, Mayor ATTEST: lL::t;;;~ Il./LI Victoria V olk, City Clerk j Parkside at Andover Station Preliminary Plat Resolution EXHIBIT B Parkside at Andover Station Design Standards 1) The lot sizes and building setbacks shall conform to the Preliminary Plat drawing revised The Preliminary Plat shall conform to the plans revised January 28, 2005 and starnped received on February 23, 2005. 2) The building elevations shall conform to the drawings dated January 3, 2005 and starnped received January 3, 2005. 3) The Landscaping Plan shall conform to the plan revised January 28, 2005 and stamped received on February 23,2005. 4) The area identification sign shall conform to the following Entry monument Detail. , , J CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA " RES. NO 051-05 A RESOLUTION APPROVING THE FINAL PLAT OF "MILLER'S WOODS SECOND ADDITION" AS BEING DEVELOPED BY LAURENT BUILDERS INC. LOCATED AT THE EAST OF THE INTERSECTION OF CROSSTOWN BOULEVARD AND 1 59th AVENUE NW, LEGALLY DESCRIBED AS: Part of Outlot E, MILLERS WOODS, according to the recorded plat thereof, Anoka County, Minnesota WHEREAS, the City Council has approved the preliminary plat of the project to be known as "Miller's Woods Second Addition"; and WHEREAS, the Developer has presented the final plat of "Miller's Woods Second Addition"; and WHEREAS; the City Engineer has reviewed such final plat for conformance with the preliminary plat. NOW, THEREFORE, BE IT RESOLVED by the City Council ofthe City of Andover to hereby approve the final plat of "Miller's Woods Second Addition" contingent upon receipt of the following: 1. The final plat shall conform in all other respects to the plan stamped received by the City of Andover dated February 28, 2005. 2. Payment of park and trail fees for 26. The balance of park and trail fee will be deferred until the balance of the land is final platted. 3. Provide a cash payment or "Letter of Credit" (in a form considered acceptable by the City Finance Director) in the amount of $57,959.46 for the construction of intersection improvements for 159th Avenue and Crosstown Boulevard. This payment is for the 26 lots being final platted at this time. The balance of the payment for the intersection improvement shall be required at the time improvements are complete. The developer will have the option to pay the remaining amount at that time or to be assessed over an eight-year period. 4. The City Attorney presenting a favorable title opinion. 5. Security for legal and engineering costs as determined by the City Engineer. 6. The developer shall provide escrow for any uncompleted grading ofthe site which is to be determined by the City Engineer or ifthe site grading is completed, a letter from the developer's engineer that lots are graded according to the approved grading plan. 7. The final plat shall not be signed by the Mayor and Clerk until there is an executed Development Contract & all associated fees, escrows and bonds have been paid. 8. The developer obtains all necessary permits from the Coon Creek Watershed District, DNR, Corps of Engineers, LGU, MPCA and any other agency that may be interested in the site. 9. Approval of Association Documents by City Staff and the City Attorney. The developer shall also provide to the City proof of recording the association documents. 10. Developer is responsible for obtaining all permits from U.S. Army Corps of Engineers, DNR, LGU, Coon Creek Watershed District, MPCA and any other agency that may be interested in the site. 11. A temporary cul-de-sac shall be installed at the east end of Norway Street NW. Adopted by the City Council of the City of Andover this 15th day of March 2005. ATTJ;:ST:. . () //J, !L ;;1~,J .'(..)C-/ Victoria Volk, City Clerk CITY OF ANDOVER ,~~e4/"J:~// Michael R. Gamache, Mayor CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R050-05 A RESOLUTION APPROVING THE LOT SPLIT REQUEST FOR BRUCE CARLSON ON THE BEHALF OF JERRY R. LONG TO SUBDIVIDE INTO TWO PARCELS PROPERTY LOCATED AT 308 ANDOVER BLVD NW (35-32-24-42-0007) LEGALLY DESCRIBED AS: That part of the west 257.50 feet of the east 515.00 feet of Lot 1, Auditor's Subdivision Number 141, according to the recorded plat thereof, Anoka County, Minnesota, lying northerly of the following described line: Beginning at a point on the east line of said Lot I distant 1427.98 feet south of the northeast corner thereof, for the purposes ofthis description said east line is assumed to bear South; thence South 57 degrees 58 minutes 57 seconds West a distance of 570.26 feet; thence westerly a distance of 364.52 feet along a tangential curve concave to the north having a radius of 500.00 feet and a central angle of 41 degrees 46 minutes 26 seconds; thence North 80 degrees 14 minutes 47 seconds West, tangent to said curve, a distance of 202.31 feet to a point on the west line of said Lot 1 distance 1770.00 feet southerly of the northwest corner thereof, said line there terminating. To be divided into properties to be described as; / PARCEL A: The north 330.00 feet of that part of the west 257.50 feet of the east 515.00 feet of Lot 1, Auditor's Subdivision Number 141, according to the recorded plat thereof, Anoka County, Minnesota, lying northerly of the following described line: Beginning at a point on the east line of said Lot 1 distant 1427.98 feet south of the northeast corner thereof, for the purposes of the description said east line is assumed to bear South; thence South 57 degrees 58 minutes 57 seconds West a distance of 570.26 feet; thence westerly a distance of 364.52 feet along a tangential curve concave to the north having a radius of 500.00 feet and a central angle of 41 degrees 46 minutes 16 seconds; thence North 80 degrees 14 minutes 47 seconds West, tangent to said curve, a distance of 202.31 feet to a point on the west line of said Lot 1 distance 1770.00 feet southerly of the northwest corner thereof, said line there terminating. PARCEL B: That part ofthe west 257.50 feet of the east 515.00 feet of Lot 1, Auditor's Subdivision 141, according to the recorded plat thereof, Anoka County, Minnesota, EXCEPT that north 350.00 feet thereof, lying northerly of the following described line: Beginning at a point on the east line of said Lot 1 distant 1427.98 feet south of the northeast corner thereof, for the purposes of this description said east line is assumed to bear South; thence South 57 degrees 58 minutes 57 seconds West a distance of 570.26 feet; thence westerly a distance of 364.52 feet along a tangential curve concave to the north having a radius of 500.00 feet and a central angle of 41 degrees 46 minutes 16 seconds; thence North 80 degrees 14 minutes 447 seconds West, tangent to said curve, a distance of202.31 feet to a point on the west -' line of said Lot I distance 1770.00 feet southerly of the northwest corner thereof, said line there terminating. WHEREAS, Bruce Carlson has requested approval of a lot split on behalf of Jerry Long to subdivide property pursuant to City Code Title 13 Chapter 1, located at 308 Andover Boulevard NW, and; WHEREAS, the lot split will require 3 variances to the City Code: I) Variance to Lot Size Requirement in City Code Section 12-3-4 for 308 Andover Boulevard from 2.5 acres to 2.07 acres. 2) Variance to Lot Width Requirement in City Code Section 12-3-4 for 308 Andover Boulevard from 300 feet to 162.5 feet. 3) Variance to Lot Width Requirement in City Code Section 12-3-4 for the new lot to be created as a condition of this lot split from 300 feet to 257.77 feet. WHEREAS, the City Council finds that the special circumstances for the subject property are as follows: a) When development plans for this area move ahead and this area is rezoned to R-4 Single Family Urban, the lot at 308 Andover Boulevard will comply with requirements of the R-4 zoning district. b) The residual lot behind 308 Andover Boulevard is not intended to serve as a single- family lot, but instead is part of a larger development plan for a large area south of Andover Boulevard. WHEREAS, the Planning and Zoning Commission has reviewed the request and has determined that said request meets the criteria of City Code Title 13 Chapter 1; WHEREAS, the City Council finds the request would not have a detrimental effect upon the health, safety, morals and general welfare of the City of Andover, and; WHEREAS, a public hearing was held pursuant to state statutes, and; WHEREAS, the Planning and Zoning Commission recommends to the City Council approval of the lot split as requested, and; NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby agrees with the recommendation of the Planning and Zoning Commission and approves the lot split on said property with the following conditions: 1. Approval of variances: a. Variance to Lot Size Requirement in City Code Section 12-3-4 for 308 Andover Boulevard from 2.5 acres to 2.07 acres. b. Variance to Lot Width Requirement in City Code Section 12-3-4 for 308 Andover Boulevard from 300 feet to 162.5 feet. c. Variance to Lot Width Requirement in City Code Section 12-3-4 for the new lot to be created as a condition of this lot split from 300 feet to 257.77 feet. 2. That the applicant shall prepare and submit to the city for approval an easement document indicating a ten-foot wide drainage and utility easement along the front, side, and rear property lines of Parcel A that will be dedicated to the City. 3. The 7.62-acre lot behind 264 Andover Boulevard and the 7.73-acre lot behind 308 Andover Boulevard shall be combined into one lot. 4. The applicant shall record the lot split with Anoka County. 5. The new deeds for the property shall contain the legal descriptions included in this resolution. 6. That the lot split be subject to a sunset clause as defined in City Code Title 13, Chapter 1. 7. Applicant shall submit payment for urban services in the amount of $11,207.38 for Parcel A. 8. The applicant shall provide 27 feet of a street, drainage and utility easement in favor of Anoka County to provide a total of 60 feet for the south half Andover Boulevard (CSAH 16) along the entire northern property line of the subject property. 9. Payment of Park and Trail fees shall be deferred until the time of plat. 10. The subject property shall be required to be rezoned to R-4 Single Family Residential Urban at the time of urban development. 11. The subject property shall be included in the preliminary and final plat for the adjoining properties in order to move the driveway off Andover Boulevard during the platting process. 12. No building permits will be issued for lots on the residual parcel of this lot split until the residual parcel has been rezoned to R-4 and platted with buildable lots. Adopted by the City Council of the City of Andover on this 15th day of March 2005. ATTEST: W;;:/~~ lchael R. Garnache, Mayor CITY OF ANDOVER {L~;~ (j,a Victoria Volk, City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 049-05 A RESOLUTION APPROVING THE LOT SPLIT REQUEST FOR BRUCE CARLSON ON THE BEHALF OF JOHN HARTINGER TO SUBDIVIDE INTO TWO PARCELS PROPERTY LOCATED AT 264 ANDOVER BLVD NW (35-32-24-42-0006) LEGALLY DESCRIBED AS: That part of the east 257.50 feet of Lot I, Auditor's Subdivision Number 141, according to the recorded plat thereof, Anoka County, Minnesota, lying northerly of the following described line: Beginning at a point on the east line of said Lot I distant 1427.98 feet south of the northeast corner thereof, for the purposes of this description said east line is assumed to bear South; thence South 57 degrees 58 minutes 57 seconds West a distance of 570.26 feet; thence westerly a distance of 364.52 feet along a tangential curve concave to the north having a radios of 500.00 feet and a central angle of 41 degrees 46 minutes 16 seconds; thence North 80 degrees 14 minutes 4 seconds West, tangent to said curve, a distance of202.31 feet to a point on the west line of said Lot I distance 1770.00 feet southerly of the northwest corner thereof, said line there terminating. To be divided into properties to be described as: PARCEL A: The north 350.00 feet of the west 165.50 feet of that part of the east 257.50 feet of Lot 1, Auditor's Subdivision 141, according to the recorded plat thereof, Anoka County, Minnesota, lying northerly of the following described line: Beginning at a point on the east line of said Lot 1 distant 1427.98 feet south of the northwest corner thereof, for the purposes of this description said east line is assumed to ear South; thence South 57 degrees 58 minutes 57 seconds West a distance of 570.26 feet; thence westerly a distance of 364.52 feet along a tangential curve concave to the north having a radius of 500.00 feet and a central angle of 41 degrees 46 minutes 16 seconds; thence North 80 degrees 14 minutes 47 seconds West, tangent to said curve, a distance of 202.31 feet to a point on the west line of said Lot 1 distance 1770.00 feet southerly of the northwest corner thereof, said line there terminating. PARCEL B: That part of the east 257.50 feet of Lot I, Auditor's Subdivision Number 141, according to the recorded plat thereof, Anoka County, Minnesota, EXCEPT the north 350.00 feet of the west 162.50 feet thereof, lying northerly of the following described line: Beginning at a point on the east line of said Lot I distant 1427.98 feet south of the northeast corner thereof, for the purposes of this description said east line is assumed to bear South; thence South 57 degrees 58 minutes 57 second West a distance of 570.25 feet; thence westerly a distance of 364.52 feet along a tangential curve concave to the north having a radius of 500.00 feet and a central angle of 41 degrees 46 minutes 16 seconds; thence North 80 degrees 14 minutes 47 seconds West, tangent to said curve, a distance of 202.31 feet to a point on the west line of said Lot 1 distance 1770.00 feet southerly of the northwest corner thereof, said line there terminating. WHEREAS, Bruce Carlson has requested approval of a lot split on behalf of John Hartinger to subdivide property pursuant to City Code Title 13 Chapter 1, located at 264 Andover Boulevard NW, and; WHEREAS, the lot split will require 3 variances to the City Code: 1) Variance to Lot Size Requirement in City Code Section 12-3-4 for 264 Andover Boulevard from 205 acres to 1.3 acres. 2) Variance to Lot Width Requirement in City Code Section 12-3-4 for 264 Andover Boulevard from 300 feet to 162.5 feet. 3) Variance to Lot Width Requirement in City Code Section 12-3-4 for the new lot to be created with this lot split from 300 feet to 95 feet. WHEREAS, the City Council finds that the special circumstances for the subject property are as follows: a) When development plans for this area move ahead and this area is rezoned to R-4 Single Family Urban, the lot at 264 Andover Boulevard will comply with requirements of the R-4 zoning district. b) The residual lot behind 264 Andover Boulevard is not intended to serve as a single- family lot, but instead is part of a larger development plan for a large area south of Andover Boulevard. WHEREAS, the Planning and Zoning Commission has reviewed the request and has determined that said request meets the criteria of City Code Title 13, Chapter 1; WHEREAS, the City Council finds the request would not have a detrimental effect upon the health, safety, morals and general welfare of the City of Andover, and; WHEREAS, a public hearing was held pursuant to state statutes, and; WHEREAS, the Planning and Zoning Commission recommends to the City Council approval of the lot split as requested, and; NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby agrees with the recommendation ofthe Planning and Zoning Commission and approves the lot split on said property with the following conditions: 1. Approval of variances: a. Variance to Lot Size Requirement in City Code Section 12-3-4 for 264 Andover Boulevard from 2.05 acres to 1.3 acres. b. Variance to Lot Width Requirement in City Code Section 12-3-4 for 264 Andover Boulevard from 300 feet to 162.5 feet. c. Variance to Lot Width Requirement in City Code Section 12-3-4 for the new lot to be created with this lot split from 300 feet to 95 feet. / 2. That the applicant shall prepare and submit to the city for approval an easement document indicating a ten-foot wide drainage and utility easement along the front, side, and rear property lines of Parcel A and along the north property line of Parcel B that will be dedicated to the City. 3. The 7.62-acre lot behind 264 Andover Boulevard and the 7.73-acre lot behind 308 Andover Boulevard shall be combined into one lot. 4. The applicant shall record the lot split with Anoka County. 5. The new deeds for the property shall contain the legal descriptions included in this resolution. 6. That the lot split be subject to a sunset clause as defined in City Code Title 13, Chapter 1. 7. Applicant shall submit payment for urban services in the amount of $8,409.20 for Parcel A. 8. The applicant shall provide 27 feet of a street, drainage and utility easement in favor of Anoka County to provide a total of 60 feet for the south half Andover Boulevard (CSAH 16) along the entire northern property line of the subject property. 9. Payment of Park and Trail fees shall be deferred until the time of plat. 10. The subject property shall be required to be rezoned to R-4 Single Family Residential Urban at the time of urban development. 11. The subject property shall be included in the preliminary and final plat for the adjoining properties in order to move the driveway off Andover Boulevard during the platting process. 12. No building permits will be issued for lots on the residual parcel of this lot split until the residual parcel has been rezoned to R-4 and platted with buildable lots. Adopted by the City Council of the City of Andover on this 15th day of March 2005. ATTEST: (l;/;,/~,J tUb Victoria V olk, City Clerk CITY OF ANDOVER CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 048-05 MOTION by Council member Trude to adopt the following: A RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR THE IMPROVEMENT OF PROJECT NO. 05-4 FOR 2005 SEAL COATING. WHEREAS, pursuant to advertisement for bids as set out in Council Resolution No. 036-05 ,dated March 1, 2005, bids were received, opened and tabulated according to law with results as follows: Allied Blacktop Co. Pearson Brothers, Inc. Asphalt Surface Technologies $221,552.86 *$222,528.85 $304,513.35 * Low Overall Bid NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby accept the bids as shown to indicate Pearson Brothers, Inc. As being . J the apparent low bidder. BE IT FURTHER RESOLVED TO HEREBY direct the Mayor and City Clerk to enter into a contract with Pearson Brothers. Inc. in the amount of $ 222,528.85 for construction of the improvements; and direct the City Clerk to return to all bidders the deposits made with their bids, except that the deposit of the successful bidder and the next lowest bidder shall be retained until the contract has been executed and bond requirements met. MOTION seconded by Council member Jacobson City Council at a reQular meeting this 15th day of March Council members Trude, Jacobson. Kniqht. Ortlel. Gamache of the resolution, and Council members none against, whereupon said resolution was declared passed. and adopted by the , 2005 , with voting in favor voting CITY OF ANDOVER ATTEST: , / Il;l-~ ()~ Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 047-05 MOTION by Councilmember Trude to adopt the following: A RESOLUTION ORDERING IMPROVEMENT AND DIRECTING PREPARATION OF PLANS AND SPECIFICATIONS FOR THE IMPROVEMENT OF PROJECT NO. 04-46 FOR THE HANSON BOULEVARD TRAIL. WHEREAS, the City Council is cognizant of the need for the trail improvements; and NOW, THEREFORE BE IT RESOLVED by the City Council to order the improvement of the Hanson Boulevard Trail, Project 04-46; and / BE IT FURTHER RESOLVED by the City Council to hereby direct the ....9!Y.. Enqineer to prepare the plans and specifications for such improvement project. .. MOTION seconded by Councilmember Jacobson City Council at a reqular meeting this 15th and adopted by the day of March , 2005 , with Councilmembers Trude, Jacobson, Kniqht. Ortlel. Gamache voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: (L~ {J& Victoria Volk - City Clerk ./ CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 046-05 MOTION by Councilmember Trude to adopt the following: A RESOLUTION ORDERING PREPARATION OF A FEASIBILITY REPORT FOR THE IMPROVEMENT OF STREETS & STORM SEWER FOR WINTERGREEN STREET NW (NORTH OF 161s' AVENUE NW) THROUGH COUNTRY OAKS WEST AND TURN LANE IMPROVEMENTS TO 161s' AVENUE NW , PROJECT NO. 05-18. WHEREAS, the City Council of the City of Andover is cognizant of the need for the improvements, specifically Winterqreen Street NW (North of 161st Avenue NW) Throuqh Country Oaks West and Turn Lane Improvements to 161st Avenue NW, Project 05-18; and WHEREAS, the City Council proposes to assess the benefiting property for all or a portion of the costs of the improvement, pursuant to Minnesota Statutes 429. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover that: 1. The City Council is cognizant of the need for improvements. 2. The proposed improvement is hereby referred to TKDA and they are instructed to provide the City Council with a feasibility report. MOTION seconded by Councilmember Jacobson and adopted by the City Council at a reqular meeting this 15th day of March , 2005 , with Councilmembers Trude, Jacobson. Kniqht. Ortlel, Gamache voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: (j~~ (j4; -' Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 045-05 A RESOLUTION ESTABLISHING MUNICIPAL STATE AID STREETS. WHEREAS, it appears to the City Council of the City of Andover that the streets hereinafter described should be designated as Municipal State Aid Streets under the provisions of Minnesota Laws of 1967 Chapter 162; and NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Andover that these streets described as follows, to wit: . Control Section # 135 - Verdin Street NW from Crosstown Boulevard NW (County Road 18) to South Coon Creek Dive NW be and hereby established, located and designated as Municipal State Aid streets of said City, subject to the approval of the Commissioner of Transportation of the State of Minnesota. BE IT FURTHER RESOLVED that the City Clerk is hereby authorized and directed to forward two certified copies of this resolution to the Commissioner of Transportation for their consideration and upon his approval of the designation of said streets or portion thereof, that same be constructed, improved and maintained as Municipal State Aid Streets of the City of Andover and to be known as Municipal State Aid Streets. Adopted by the City Council of the City of Andover this 15th day of March ,2005 . CITY OF ANDOVER ATTEST: {1J~ {)& Victoria Volk - City Clerk Certification I hereby certify that the above is a true and correct copy of a resolution duly passed, adopted and approved by the City Council of said City on March 15, 2005. , J 2.-.:t.:.../ /J ./p Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 044-05 MOTION by Councilmember Trude to adopt the following: A RESOLUTION TERMINATING PROJECT NO. 05-9 , KIMBERLY OAKS. WHEREAS, the City Council had previously approved Project 05-9, Kimberly Oaks, storm sewer and streets; and WHEREAS, the property owner has requested the project be terminated. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby terminate Project 05-9, storm sewer and streets, Kimberlv Oaks. MOTION seconded by Councilmember Jacobson and adopted by the City Council at a reQular meeting this 15th day of March ,2005, with Council members Trude, Jacobson, Kniqht. Ortlel. Gamache voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: t1~i)b Victoria Volk - City Clerk CITY OF ANDOVER COUNTYOFANOKA STATE OF MINNESOTA RES. NO. R043-05 A RESOLUTION APPROVING THE CONDITIONAL USE PERMIT REQUEST OF RYAN COMPANIES US, INC. FOR PROPERTY LOCATED AT THE SOUTHWEST CORNER OF BUNKER LAKE BOULEVARD AND MARTIN STREET, (PIN 34-32-24-42-0031) LEGALLY DESCRIBED AS: Lot 2, Block 1, Andover Marketplace East, Anoka County, Minnesota WHEREAS, Ryan Companies US, Inc. has requested a Conditional Use Permit for a drive- through window; WHEREAS, the Planning and Zoning Commission has reviewed the request and has determined that said request meets the criteria of City Code; WHEREAS, the Planning and Zoning Commission finds the request would not have a detrimental effect upon the health, safety, and general welfare of the City of Andover, and; WHEREAS, the Planning and Zoning Commission recommends to the City Council approval of the Conditional Use Permit request; \ NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby agrees with the recommendation ofthe Planning and Zoning Commission and approves the Conditional Use Permit for a drive-through window on said property with the following conditions: -' 1. The Conditional Use Permit shall be contingent upon approval of a Commercial Site Plan. 2. Based on the orientation of the building in relation to Bunker Lake Boulevard and agreements between the developer and the Andover Economic Development Authority, landscaping shall be reviewed and approved by City staff as part of the Commercial Site Plan review process. 3. The developer shall extend the pedestrian trail from Martin Street to the sidewalk at the southeast corner of the building. 4. The site shall conform in all ways with the Andover City Code and Andover Station Design Guidelines. 5. The Conditional Use Permit shall be subject to a sunset clause as per section 12-15-6-D of the Andover City Code. Adopted by the City Council of the City of Andover on this 151 day of March, 2005. CITY OF ANDOVER , / ATTEST: fL~~U;--!b Victoria V olk, City Clerk Resolution No. 042-05 Council Member adoption: Knight introduced the following resolution and moved its Resolution Providing for the Sale of $1,140,000 General Obligation Sewer Revenue Bonds, Series 2005 A. WHEREAS, the City Council of the City of Andover, Minnesota (the "City"), has heretofore determined that it is necessary and expedient to issue the City's $1,140,000 General Obligation Sewer Revenue Bonds, Series 2005 (the "Bonds"), to finance the construction of various improvements to the municipal sewer system in the City; and B. WHEREAS, the City has retained Ehlers & Associates, Inc., in Roseville, Minnesota ("Ehlers"), as its independent financial advisor for the Bonds and is therefore authorized to solicit proposals in accordance with Minnesota Statutes, Section 475.60, Subdivision 2(9); NOW, THEREFORE, BE IT RESOLVED by the City Council of Andover, Minnesota, as follows: 1. Authorization: Findings. The City Council hereby authorizes Ehlers to solicit proposals for the sale of the Bonds. 2. Meeting: Proposal Opening. The City Council shall meet at 7:00 p.m. on AprilS, 2005, for the / purpose of considering proposals for and awarding the sale of the Bonds. 3. Official Statement. In connection with said sale, the officers or employees of the City are hereby authorized to cooperate with Ehlers and participate in the preparation of an official statement for the Bonds and to execute and deliver it on behalf of the City upon its completion. The motion for the adoption of the foregoing resolution was duly seconded by Council Member Trude and, after full discussion thereof and upon a vote being taken thereon, the following Council Members voted in favor thereof: Knight, Orttel, Gamache, Trude, Jacobson (absent) and the following voted against the same: none Whereupon said resolution was declared duly passed and adopted. Dated this 1st day of March, 2005. {L;/;~ {/.a City Clerk .I Resolution No. R041-05 Council Member Knight introduced the following resolution and moved its adoption: Resolution Providing for the Sale of $645,000 General Obligation Bonds, Series 2005 A. WHEREAS, the City Council of the City of Andover, Minnesota (the "City"), has heretofore determined that it is necessary and expedient to issue the City's $645,000 General Obligation Bonds, Series 2005 (the "Bonds"), to finance certain 2005 capital improvement activities described in the City's 5- Year Capital Improvement Plan; and to finance the acquisition of various capital equipment for the City; and B. WHEREAS, the City has retained Ehlers & Associates, Inc., in Roseville, Minnesota ("Ehlers"), as its independent [mancial advisor for the Bonds and is therefore authorized to solicit proposals in accordance with Minnesota Statutes, Section 475.60, Subdivision 2(9); NOW, THEREFORE, BE IT RESOLVED by the City Council of Andover, Minnesota, as follows: 1. Authorization; Findings. The City Council hereby authorizes Ehlers to solicit proposals for the sale ofthe Bonds. j 2. Meeting; Proposal Opening. The City Council shall meet at 7:00 p.m. on April 5,2005, for the purpose of considering proposals for and awarding the sale of the Bonds. 3. Official Statement. In connection with said sale, the officers or employees of the City are hereby authorized to cooperate with Ehlers and participate in the preparation of an official statement for the Bonds and to execute and deliver it on behalf of the City upon its completion. The motion for the adoption of the foregoing resolution was duly seconded by Council Member Trude and, after full discussion thereof and upon a vote being taken thereon, the following Council Members voted in favor thereof: Knight, Orttel, Gamache, Trude, Jacobson (absent) and the following voted against the same: none Whereupon said resolution was declared duly passed and adopted. Dated this 1st day of March, 2005. (j, :1;,:,) ()g City Clerk / Resolution No. R040-05 Council Member adoption: Knight introduced the following resolution and moved its Resolution Providing for the Sale of $3,560,000 General Obligation Improvement Bonds, Series 2005 A. WHEREAS, the City Council of the City of Andover, Minnesota (the "City"), has heretofore determined that it is necessary and expedient to issue the City's $3,560,000 General Obligation Improvement Bonds, Series 2005 (the "Bonds"), to finance the construction of various improvements in the City; and B. WHEREAS, the City has retained Ehlers & Associates, Inc., in RoseviIIe, Minnesota ("Ehlers"), as its independent financial advisor for the Bonds and is therefore authorized to solicit proposals in accordance with Minnesota Statutes, Section 475.60, Subdivision 2(9); NOW, THEREFORE, BE IT RESOLVED by the City Council of Andover, Minnesota, as follows: 1. Authorization: Findings. The City Council hereby authorizes Ehlers to solicit proposals for the sale of the Bonds. 2. Meeting: Proposal Opening. The City Council shall meet at 7:00 p.m. on AprilS, 2005, for the purpose of considering proposals for and awarding the sale of the Bonds. 3. Official Statement. In connection with said sale, the officers or employees of the City are hereby authorized to cooperate with Ehlers and participate in the preparation of an official statement for the Bonds and to execute and deliver it on behalf of the City upon its completion. The motion for the adoption of the foregoing resolution was duly seconded by Council Member Trude and, after full discussion thereof and upon a vote being taken thereon, the following Council Members voted in favor thereof: Knight, Orttel, Gamache, Trude, Jacobson (absent) and the following voted against the same: none Whereupon said resolution was declared duly passed and adopted. Dated this 1 st day of March, 2005. (L);,,;,,/ {)/L, City Clerk , / CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 039-05 MOTION by Councilmember Trude to adopt the following: A RESOLUTION APPROVING FINAL PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR PROJECT NO. 02-33 IN THE AREA OF ANDOVER STATION NORTH FOR SITE GRADING. SANITARY SEWER. WATER MAIN, STREETS. STORM SEWER. TRAILS & SIDEWALKS. WHEREAS, pursuant to Resolution No. 007-05 , adopted by the City Council on the 4th day of Januarv , 2005, SEH has prepared final plans and specifications for Project 02-33 for Andover Station North . WHEREAS, such final plans and specifications were presented to the City Council for their review on the 1 st day of March , 2005 . NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby approve the Final Plans and Specifications. , , BE IT FURTHER RESOLVED by the City Council of the City of Andover to hereby direct the City Clerk to seek public bids as required by law, with such bids to be opened at 10:00 a.m. March 30 , 2005 at the Andover City Hall. MOTION seconded by Council member Ortlel and adopted by the City Council at a reqular meeting this 1 st day of March , 2005 , with Councilmembers Trude, Ortlel. Kniqht. Gamache. Jacobson voting in favor of the resolution, and Councilmembers against, whereupon said resolution was declared passed. none voting CITY OF ANDOVER ATTEST: '~.!/,/~ A /' . .~~ /< ," ~ .............fC..- Michael R. Gamache - Mayor " j f.L/;;;.~/ ().r!~ Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 038-05 MOTION by Council member Trude to adopt the following: A RESOLUTION ACCEPTING FEASIBILITY REPORT, WAIVING PUBLIC HEARING AND ORDERING PLANS AND SPECIFICATIONS FOR THE IMPROVEMENT OF CROSSTOWN BOULEVARD NW & 159TH AVENUE NW PROJECT NO. 04-33. WHEREAS, pursuant to Resolution No. 028-05, adopted the 15th day of February ,2005 a Feasibility Report has been prepared by the City Enqineer for the improvements: and WHEREAS, such report was received by the City Council on the 1st day of March ,2005; and WHEREAS, the property owners have waived the right to a Public Hearing; and WHEREAS, such report declared the proposed assessment to be feasible for an estimated project cost of $265,087.01 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover that: 1. The City Council hereby accepts the Feasibility Report for Project No. 04-33, for the improvements and waives the public hearing. 2. The Council will consider the improvements in accordance with the report and the assessment of abutting property for all or a portion of the improvement pursuant to Minnesota Statutes Chapter 429 at an estimated total cost of the improvement of $265.087.01 . MOTION seconded by Councilmember Orttel and adopted by the City Council at a reqular meeting this 1 st day of March , 2005 , with Councilmembers Trude, Orttel, Kniqht. Gamache, Jacobson in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER voting ATTEST: '-?i~~~----4--~ . Michael R. Gamache - Mayor - a .j;;~:J (/~ Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 037-05 MOTION by Councilmember Trude to adopt the following: A RESOLUTION TERMINATING PROJECT NO. 04-48 , DEER OAKS. WHEREAS, the City Council had previously approved Project 04-48, Deer Oaks, storm sewer and streets; and WHEREAS, the property owner has requested the project be terminated. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby terminate Project 04-48, storm sewer and streets, Deer Oaks. MOTION seconded by Council member Ortlel and adopted by the City Council at a reqular meeting this L day of March ,2005 , with Council members Trude. Ortlel. Kniqht. Gamache, Jacobson voting in favor of the resolution, and Council members none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: A -?~;:~~~ Michael R. Gamache - Mayor fL:t;A:J (JJb Victoria Volk - City Clerk / / CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 036-05 MOTION by Councilmember Trude to adopt the following: A RESOLUTION APPROVING FINAL PLANS AND SPECIFICATIONS FOR PROJECT NO. 05-4 ,FOR 2005 SEAL COATING . WHEREAS, pursuant to Resolution No. 015-05 , adopted by the City Council on the 1 st day of Februarv , 2005 ,the City of Coon Rapids has prepared final plans and specifications for Project 05-4 for 2005 Seal Coatinq . WHEREAS, such final plans and specifications were presented to the City Council for their review on the 1 st day of March , 2005 . NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby approve the Final Plans and Specifications. BE IT FURTHER RESOLVED by the City Council that bids will be opened March 4 , 2005 at the Coon Rapids City Hall. MOTION seconded by Councilmember Ortlel and adopted by the City Council at a reqular meeting this 1 st day of March , 2005 , with Councilmembers Trude, Orttel. Kniqht. Gamache. Jacobson voting in favor of the resolution, and Councilmembers against, whereupon said resolution was declared passed. none voting CITY OF ANDOVER ATTEST: .~ ~ /' /7;?.~::,/~ .----7"~ Michael R. Gamache - Mayor (L~~./ /)./V Victoria Volk - City Clerk / CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 035-05 MOTION by Councilmember Trude to adopt the following: A RESOLUTION APPROVING FINAL PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR PROJECT NO. 05-3 ,FOR 2005 CRACK SEALING . WHEREAS, pursuant to Resolution No. 011-05 , adopted by the City Council on the 18th day of January , 2005 ,the City Enoineer has prepared final plans and specifications for Project 05-3 for 2005 Crack Sealino . WHEREAS, such final plans and specifications were presented to the City Council for their review on the 1 st day of March , 2005 . NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby approve the Final Plans and Specifications. BE IT FURTHER RESOLVED by the City Council of the City of Andover to hereby direct the City Clerk to seek public bids as required by law, with such bids to be opened at 11 :00 a.m. , March 30 , 2005 at the Andover City Hall. MOTION seconded by Councilmember Ortlel and adopted by the City Council at a reoular meeting this 1 st day of March , 2005 , with Councilmembers Trude. Ortlel. Knioht. Gamache. Jacobson voting in favor of the resolution, and Councilmembers against, whereupon said resolution was declared passed. none voting CITY OF ANDOVER ATTEST: =----"/ _ ~ /J ./ ,,;~~ CA., .:~~r-~k- >Michael R. Gamache - Mayor /l.~ {lL~ Victoria Volk ~ City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 034-05 MOTION by Councilmember Trude to adopt the following: A RESOLUTION ACCEPTING FEASIBILITY REPORT AND CALLING PUBLIC HEARING ON IMPROVEMENTS OF 2005 OVERLAYS, PROJECT NO. 05-2 IN THE AREA OF VALLEY VIEW ESTATES & VALLEY VIEW ESTATES 2~ ADDITION. WHEREAS, pursuant to Resolution No. 001-05, adopted the 4th day of January, 2005 a Feasibility Report has been prepared by the City Enqineer for the improvements: and WHEREAS, such report was received by the City Council on the 1st day of March ,2005; and WHEREAS, such report declared the proposed assessment to be feasible for an estimated project cost of $ 61,128.22 ($2.778.56/Unit) NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover that: 1. The City Council hereby accepts the Feasibility Report for Project No. 05-2, for the improvements. 2. The Council will consider the improvements in accordance with the report and the assessment of abutting property for all or a portion of the improvement pursuant to Minnesota Statutes Chapter 429 at an estimated total cost of the improvement of $61,128.22 ($2.778.56/Unit) 3. A public hearing shall be held on such proposed improvement on the 5th day of April, 2005 in the Council Chambers of the City Hall at 7:00 PM and the Clerk shall give mailed and published notice of such hearing and improvement as required by law. MOTION seconded by Councilmember Ortlel and adopted by the City Council at a reqular meeting this 1 st day of March , 2005 , with Councilmembers Trude, Ortlel. Kniqht. Gamache. Jacobson voting in favor of the resolution, and Council members none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ~//~~ Michael R. Gamache - Mayor ATTEST: Ij;t-~J O.a Victoria Volk - City Clerk , / CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 033-05 A RESOLUTION APPROVING CONDITIONAL USE PERMIT TO ALLOW AN EXISTING DETACHED GARAGE TO REMAIN ON A RESIDENTIAL PROPERTY PRIOR TO CONSTRUCTION OF A PRINCIPLE STRUCTURE FOR PROPERTY LOCATED AT 14124 CROSSTOWN BOULEVARD NW (P.I.D 27-32-24-33-0004) LEGALLY DESCRIBED ON EXHIBIT A. WHEREAS, Ken Slyzuk, the applicant, has requested approval of a Conditional Use Permit pursuant to City Code 12-15 and City Code 12-6; and WHEREAS, The Planning and Zoning Commission has reviewed the request and has determined that said request will not have a detrimental effect on the health, welfare or safety of the community; and WHEREAS, a public hearing was held pursuant to state statutes; and WHEREAS, the Planning and Zoning Commission recommends to the City Council approval of the lot split as requested. . " , ) NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby agrees with the recommendation of the Planning and Zoning Commission and approves the Conditional Use Permit subject to the following conditions: 1. The future house shall have a footprint of at least 1,536 square feet. If the future house has a smaller footprint, the detached garage shall be required to be removed. 2. Any future attached garage shall not have a footprint larger than 432 square feet. If a future garage exceeds this size, the detached garage shall be required to be removed. Adopted by the City Council ofthe City of Andover on this 15th day of February, 2005. CITY OF ANDOVER ATTEST: r.4 t~o. Victoria V olk, City Clerk ./ Exhibit A Legal Description of 14124 Crosstown Boulevard P.I.D 27-32-24-33-0004 Outlot B and OUtlot C. KENSINGTON ESTATES. ~ing to the rec:orded plat thereof. Anoka County. M1nneaota . And. That port of the Southwest Quarter of the Southweat Quarter (~ of swJ) of Section Twenty-seven (27). TOWMhIp-lhlrty (32) Range Twenty-four (24) that Is described as foIlon: Commenctng at the Southwest corner at the aatd Southwest Quarter of the Southwest Quarter (swl of S~ and proceedIng thence East on the South line of tho sold SQuthwest Quarter of the Southwest Quarter (sw.l of sw1) for Q dtetance of Sewn and One-half (7-D rods more or less to the center line of the county road known as The Constance Road. formerly known as State AkI Road No. 2. and ~g thence In a Northeasterly directIOn on the said center line for Q distance of Twenty-fcur (24) rods; and proceed1ng thence West and paroIIeI With the South Itne of the saki Southweat Quarter of the Southwest Quarter (swl of swl) to the West line of the said Southwest Quarter of the Southwest Quarter (~ of S\Yl)i and proceedlng thence South on the said West line to the point of commencement; and containing about two (2) acres of land. -' CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 032-05 A RESOLUTION APPROVING LOT SPLIT REQUEST TO SUBDIVIDE AN URBAN RESIDENTIAL LOT INTO TWO URBAN RESIDENTIAL LOTS FOR PROPERTY LOCATED AT 14124 CROSSTOWN BOULEVARD NW (p.LD 27-32-24-33-0004) LEGALLY DESCRIBED ON EXHIBIT A WHEREAS, Ken Slyzuk, the applicant, has requested approval of a lot split to subdivide an urban residential property pursuant to City Code 13-1, located at 14124 Crosstown Boulevard NW; and WHEREAS, The Planning and Zoning Commission has reviewed the request and has determined that said request meets all requirements of City Code 13-1 Splitting Lots, Parcels or Tracts of Land; and WHEREAS, a public hearing was held pursuant to state statutes; and WHEREAS, the Planning and Zoning Commission recommends to the City Council approval of the lot split as requested. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby agrees with the recommendation of the Planning and Zoning Commission and approves the lot split on said property subject to the following conditions: "' 1. The applicant shall provide a street, drainage and utility easement in favor of Anoka County to provide a total of 50 feet for the west half of Crosstown Boulevard NW (CSAH 18) along the entire eastern property line of the subject property. 2. The applicant shall provide a 66 foot wide street, drainage and utility easement in favor of the City to allow future extension of 140th Avenue NW. The easement shall be perpendicular to the centerline of Crosstown Boulevard for a distance of 75 feet and provide a 300 foot radius curve to the southwest from that point to the west. The easement shall also be centered on the centerline of 140th Lane NW which exists to the east of the subject property. 3. The applicant shall provide a ten foot wide drainage and utility easement in favor of the City adjacent to the front and rear property lines of both lots and a five foot wide drainage and utility easement along the side property lines of both lots. 4. The applicant shall obtain approval of a conditional use permit to allow the existing garage to remain on Parcel A. In the event that this approval cannot be obtained, the existing detached garage shall be removed. 5. The applicant will be required to eliminate the portion of the driveway that exists within five feet on both sides of the proposed property line and restore the area with sod or seed. 6. The applicant shall be required to pay a park dedication fee in the amount of $2,325 and a trail fee in the amount of $565. 7. The applicant shall be allowed to retain the existing house on Parcel B in compliance with City Code 12-4-3B. 8. The legal descriptions of the proposed properties shall conform to the survey dated January 20, 2005 except that Outlots B and C, Kensington Estates shall be combined with Parcel A. 8. That the lot split be subject to a sunset clause as defined in Ordinance No. 40, Section I1I(E). Adopted by the City Council of the City of Andover on this 15th day of February, 2005. CITY OF ANDOVER ATt!!I;~ 04 Victoria V olk, City Clerk -' / , , Exhibit A Legal Description of 14124 Crosstown Boulevard P.I.D 27-32-24-33-0004 Outlot B and Outlot Co KENSINGTON ESTATES. aecordlng to the recorded plat thereof. Anoka County. Minnesota ' And, Thot part of the Southwest Quart.- of the Southwest Quarter (sYf.l of swn of SectJon Twenty-8eVet\ (27). Townahlp-lhrty (32) RGngo Twenty-four (24) that Is deaa1bed as folloW$: Commenctng at the Southwest comer at the aatd Southwest Quarter of the Southwest Quarter (sw1 of sWl) and procoedtng thence East on the South line of tM said Squthwest Quarter of tho Southwest Quarter (swl of SW!) for a dtet~ of Seven and One-half (7;) rods more or less to the center line of the county road known as lhe Constance Rood, . formerly known as State Aid Road No. 2. and ~g thence In a NortheGSterly dlrectlon on the said center line for Q dfstance of Twenty-four (24) roc:Is; and proceed1ng thence West and parallel With the South line of tho saki Southweat Quarter of the Southwest Quarter (swt of swl) to the West line of the said SQuthwest Quarter of the Southwest Quarter (SWl of swl); and proceeding thence SoIJth on the said West line to the point of commencement; and containing about two (2) acres of land. '...", J " ) CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 031-05 A RESOLUTION APPROVING THE LOT SPLIT REQUEST FOR KEITH OLSON TO SUBDIVIDE INTO TWO PARCELS PROPERTY LOCATED AT 1487 148TH LN NW (26-32- 24-22-0003) LEGALLY AND DESCRIBED AS: Lot 2, Block I, Oak Bluff, Anoka County, Minnesota To be divided into properties to be described as; PARCEL A: That part of Lot 2, Block I, OAK BLUFF, according to the recorded plat thereof, Anoka County, Minnesota, lying west of the east 110.00 feet thereof. PARCEL B: That east 110.00 feet of Lot 2, Block I, OAK BLUFF, according to the recorded plat thereof, Anoka County, Minnesota. WHEREAS, Keith Olson has requested approval of a lot split to subdivide property pursuant to 'J City Code Title 13 Chapter 1, located at 1487 148th Lane. NW, and; WHEREAS, the Planning and Zoning Commission has reviewed the request and has determined that said request meets the criteria of City Code Title 13 Chapter 1; WHEREAS, the Planning and Zoning Commission finds the request would not have a detrimental effect upon the health, safety, morals and general welfare of the City of Andover, and; WHEREAS, a public hearing was held pursuant to state statutes, and; WHEREAS, the Planning and Zoning Commission recommends to the City Council approval of the lot split as requested, and; NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby agrees with the recommendation of the Planning and Zoning Commission and approves the lot split on said property with the following conditions: 1. That the applicant shall prepare and submit to the city for approval of an easement document indicating a five-foot wide drainage and utility easement along the east property line of Parcel A and along the west property line of Parcel B. 2. Both lots shall be connected to municipal sewer and water and assessments shall be paid as calculated by the City Clerk. 3. The applicant shall be required to pay a Trail fee in the arnount of$565. '- 4. The applicant shall be required to pay a Park Dedication fee in the arnount of $2,325. 5. The applicant shall record the lot split with Anoka County. 6. The new deeds for the property shall contain the legal descriptions included in this resolution. 7. That the lot split be subject to a sunset clause as defined in City Code Title 13 Chapter 1. Adopted by the City Council ofthe City of Andover on this _ day of _ 2005. ATTEST: CITY OF ANDOVER I L?!n;~ {/./L; Victoria V olk, City Clerk ,I .' CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R030-05 A RESOLUTION APPROVING A LOT SPLIT REQUEST TO SUBDIVIDE INTO TWO PARCELS PROPERTY LOCATED AT 3415 163RD LANENW'(P.I.D. 17-32-24-13-0002) WHEREAS, Jaime Humnick has requested approval of a lot split to subdivide property located at 3415 163rd Lane NW, and; WHEREAS, the Planning and Zoning Commission finds the request would not have a detrimental effect upon the health, safety, morals and general welfare of the City of Andover, and; WHEREAS, a public hearing was held pursuant to state statutes, and; WHEREAS, the Planning and Zoning Commission recommends to the City Council approval of the lot split, and; NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby agrees with the recommendation of the Planning and Zoning Commission and approves the lot split on said property with the following conditions: 1. The applicant shall provide a one hundred and twenty foot diameter street, drainage and utility easement in favor of the City of Andover to allow a permanent cul-de-sac to be constructed in the future. 2. The applicant shall provide ten foot wide drainage and utility easements around the perimeter of both properties. 3. The applicant shall be required to enter into a development ap,:eement with the City to ensure that a permanent cul-de-sac will be provided for 162D Lane NW at the applicant's expense. 4. The applicant shall be required to pay a park dedication fee in the amount of $2,325 and a trail fee in the amount of $565. 5. The legal descriptions of the proposed properties shall conform to the property lines illustrated in Exhibit A. 6. That the lot split be subject to a sunset clause as defined in Ordinance No. 40, Section III(E). Adopted by the City Council of the City of Andover on this 15th day of February, 2005. CITY OF ANDOVER ATTEST: {J::6J',U !}/L Victoria V olk, City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 029-05 A RESOLUTION DESIGNATING NO PARKING ALONG BOTH SIDES OF JAY STREET NW FROM BUNKER LAKE BOULEVARD NW TO HANSON BOULEVARD NW FOR PROJECT 02-33, ANDOVER STATION NORTH. WHEREAS, no parking will be allowed along both sides of Jay Street NW from Bunker Lake Boulevard NW to Hanson Boulevard NW; and WHEREAS, no parking will be allowed along Jay Street NW from Bunker Lake Boulevard NW to Hanson Boulevard NW. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to designate the no parking zone. Adopted by the City Council of the City of Andover this 15th day of Februarv 2005. ATTEST: ~<<" cd....., ..1 . hael . Gamache - Mayor ! 1:.1;:;.... ()vI~ Victoria Volk - City Clerk MOTION by Councilmember CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 028-05 Trude to adopt the following: A RESOLUTION ORDERING PREPARATION OF A FEASIBILITY REPORT FOR THE IMPROVEMENT OF CROSSTOWN BOULEVARD NW & 159TH AVENUE NW PROJECT NO. 04-33. WHEREAS, the City Council of the City of Andover is cognizant of the need for the intersection improvements, specifically Crosstown Boulevard NW & 159th Avenue NW, Project 04-33; and WHEREAS, the City Council proposes to assess the benefiting property for all or a portion of the costs of the improvement, pursuant to Minnesota Statutes 429. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover that: 1. The City Council is cognizant of the need for improvements. 2. The proposed improvement is hereby referred to the City Enqineer and he is instructed to provide the City Council with a feasibility report. MOTION seconded by Councilmember Kniqht and adopted by the City Council at a reqular meeting this 15th day of Februarv , 2005 , with Councilmembers Trude. Kniqht. Orttel. Gamache. Jacobson voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: It;t:~ 1J..Lb Victoria Volk - City Clerk / ) MOTION by Councilmember CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 027-05 Trude to adopt the following: A RESOLUTION ORDERING PREPARATION OF A FEASIBILITY REPORT FOR THE IMPROVEMENT OF CROSSTOWN BOULEVARD NW & XEON STREET NW PROJECT NO. 04-32. WHEREAS, the City Council of the City of Andover is cognizant of the need for the intersection improvements, specifically Crosstown Boulevard NW & Xeon Street NW, Project 04-32; and WHEREAS, the City Council proposes to assess the benefiting property for all or a portion of the costs of the improvement, pursuant to Minnesota Statutes 429. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover that: I 1. The City Council is cognizant of the need for improvements. 2. The proposed improvement is hereby referred to the Citv Enqineer and he is instructed to provide the City Council with a feasibility report. MOTION seconded by Councilmember Knioht and adopted by the City Council at a reoular meeting this 15th day of Februarv , 2005 , with Council members Trude. Knioht. Orttel. Gamache. Jacobson voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: 1l:%A-IJ (),& Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 026-05 MOTION by Council member Trude to adopt the following: A RESOLUTION APPROVING FINAL PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR PROJECT NO. 04-36 ,LIFT STATION #4 . WHEREAS, pursuant to Resolution No. 142-04 , adopted by the City Council on the 7th day of September ,2004, TKDA has prepared final plans and specifications for Project 04-36 for Lift Station #4. WHEREAS, such final plans and specifications were presented to the City Council for their review on the 15th day of Februarv , 2005 . NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby approve the Final Plans and Specifications. / BE IT FURTHER RESOLVED by the City Council of the City of Andover to hereby direct the City Clerk to seek public bids as required by law, with such bids to be opened at 10:00 AM , March 17 ,2005 at the Andover City Hall. MOTION seconded by Council member City Council at a reoular meeting this 15th Knioht and adopted by the day of Februarv , 2005 , with Council members Trude. Knioht. Orttel. Gamache. Jacobson voting in favor of the resolution, and Council members none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: / {L~ ()rIb Victoria Volk - City Clerk ./ CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 025-05 MOTION by Council member Trude to adopt the following: A RESOLUTION ADOPTING THE ASSESSMENT ROLL FOR THE IMPROVEMENT OF SANITARY SEWER, WATER MAIN. STORM SEWER AND STREETS FOR PROJECT 03-35. BUNKER LAKE VILLAGE. WHEREAS, the developer is in agreement with the assessments and has waived all rights to a hearing on this assessment pursuant to Minnesota Statutes Annotated, Chapter 429. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF ANDOVER, MINNESOTA: " 1. Such proposed assessment, a copy of which is attached hereto and made part hereof, is hereby accepted and shall constitute the special assessment against the lands named therein, and each tract of land therein included is hereby found to be benefited by the proposed improvement in the amount of the assessment levied against it. 2. Such assessments shall be payable in semi-annual installments, together with principal and accrued interest, extending over a period of.JL years. The first of the installments to be payable on or before the 15th day of April 2006, and shall bear interest at the rate of 5% percent per annum from the date of the adoption of the assessment resolution. 3. The owners of any property so assessed may at any time pay the whole of the assessment on such property with interest accrued to the date of payment to the City Treasurer. " I MOTION seconded by Councilmember Kniqht and adopted by the City Council at a reoular meeting this 15th day of Februarv ,2005 with Council members Trude. Kniqht, Orttel. Gamache. Jacobson voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: / ();:'k~ 1);/iJ Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 024-05 MOTION by Councilmember Trude to adopt the following: A RESOLUTION ORDERING IMPROVEMENT AND DIRECTING PREPARATION OF PLANS AND SPECIFICATIONS FOR THE IMPROVEMENT OF LUND'S NORTH PARK RECONSTRUCTION, PROJECT NO. 05-10. WHEREAS, the City Council is cognizant of the need for the park improvements; and NOW, THEREFORE BE IT RESOLVED by the City Council to order the improvement of Lund's North Park Reconstruction ,Project No. 05-10; and I BE IT FURTHER RESOLVED by the City Council to hereby direct the ....9!Y.. Enoineer to prepare the plans and specifications for such improvement project. MOTION seconded by Councilmember Knioht and adopted by the City Council at a reoular meeting this 15th day of Februarv , 2005 , with Councilmembers Trude. Knioht. Orttel. Gamache. Jacobson voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: {L~~ i).//J Victoria Volk - City Clerk / , CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 023-05 A RESOLUTION DESIGNATING NO PARKING ON BOTH SIDES OF 166TH AVENUE NW BETWEEN ARROWHEAD STREET NW AND TO THE EAST PROPERTY LINE OF 2602 - 1661H AVENUE NW AND ON BOTH SIDES OF ZION STREET NW BETWEEN 1661 H AVENUE NW AND TO THE NORTH PROPERTY LINE OF 2651 _1661H AVENUE NW. WHEREAS, the City Council is cognizant of the public nuisance, traffic hazard and congestion in the area around Lund's North Park; and WHEREAS, the Council believes restricting the parking in the area will be a solution to the problem. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to designate the no parking zone. Adopted by the City Council of the City of Andover this 15th day of Februarv , 2005. ATTEST: ~4~ Uv!b Victoria Volk - City Clerk " CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA , . I RES. NO. 022-05 MOTION by Councilmember Trude to adopt the following: A RESOLUTION CALLING FOR REDEMPTION OF OUTSTANDING GENERAL OBLIGATION TAX INCREMENT BONDS OF 1999. A. WHEREAS, the City Council of the City of Andover, Minnesota (the "City"), issued on behalf of the City, $1,500,000 General Obligation Tax Increment Bonds of 1999, dated June 1, 1999 (the "Bonds"), of which Bonds $1,120,000 still remains outstanding; and B. WHEREAS, all of the said Bonds maturing in the years 2004 to 2012, both inclusive, are subject to redemption and prepayment at the option of the City in inverse order, on December 1, 2003, and on any interest payment date thereafter at par and accrued interest, all as provided in the resolution of the City Council dated May 18, 1999 authorizing the issuance of said Bonds (the "Resolution"), and C. WHEREAS, the City Council deems it desirable and in the best interests of the City to call all of the Bonds maturing in the years 2005 to 2012, on June 1, 2005, the interest payment date, in accordance with said Resolution; and / NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover, Minnesota, as follows: 1. Bonds to be Redeemed. All of the Bonds maturing in the years 2005 to 2012, shall be redeemed and prepaid on June 1, 2005 at par and accrued interest for each such Bond called. . 2. Notice of Call. The City Finance Director is hereby authorized and directed to give written notice of call at least forty-five (45) days prior to June 1,2005, the date for call, to the paying agent where said Bonds are payable and therefore by registered or certified mail at least thirty (30) days prior to the date for call to all registered owners of the Bonds. Said notice shall be in substantially the following form: / NOTICE OF CALL FOR REDEMPTION ~ ) $1,500,000 GENERAL OBLlGATION TAX INCREMENT BONDS, SERIES 1999 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 JUNE 1,2005 all outstanding bonds of the City designated as General Obligation Tax Increment Bonds, Series 1999, dated June 1, 1999, having stated maturity dates of December 1 in the years 2005 through 2012, both inclusive, totaling $1,120,000 in principal amount, and with the following CUSIP numbers: Year 2005 2006 2007 2008 2009 2010 2011 2012 Amount $140,000 140,000 140,000 140,000 140,000 140,000 140,000 140,000 CUSIP 034313RK4 034313RL2 034313RMO 034313RN8 034313RP3 034313RQl 034313RR9 034313RS7 The bonds are being called at a price of par plus accrued interest to June 1, 2005, on which date all interest on said bonds will cease to accrue. Holders of the bonds hereby called for redemption are requested to present their bonds for payment at the main office of U.S. Bank National Association, in the City of St. Paul, Minnesota, on or before June 1, 2005. \ J If bv mail: U.S. Bank National Association Corporate Trust Operations 60 Livingston Avenue St. Paul, MN 55107 If bv hand: U.S. Bank National Association 60 Livingston Avenue 1st Floor - Bond Drop Window St. Paul, MN 55107 Dated: February 15, 2005. BY ORDER OF THE CITY COUNCIL Bv /s/ Jim Dickinson City Administrator City of Andover, Minnesota Important Notice: In compliance with the Economic Growth and Tax Relief Reconciliation Act of 2001, federal backup withholding tax will be withheld at the applicable backup withholding rate in effect at the time the payment by the redeeming institutions if they are not provided with your social security number or federal employer identification number, properly certified This requirement is fulfilled by submitting a W-9 Form, which may be obtained at a bank or other financial institution. The Registrar will not be responsible for the selection or use of the CUSIP number, nor is any representation made as to the correctness indicated in the Redemption Notice or on any Bond. It is included solely for convenience of the Holders. "\ / Additional information may be obtained from: U.S. Bank National Association Corporate Trust Division Bondholder Relations (800) 934-6802 3. Deposit of Sufficient Funds. The City Finance Director is hereby authorized and directed to deposit with the bank where said Bonds are payable prior to said call date sufficient funds to pay all principal and interest due on said Bonds as of the call date. ~ MOTION seconded by Councilmember Knight and adopted by the City Council of the City of Andover on this 15th day of February, 2005, with Councilmembers Jacobson. Knight. Gamache. Orttel. Trude voting In favor of the resolution, and Councilmembers none voting against, whereupon said resolution was passed. CITY OF ANDOVER ATTEST: . chael R. Gamache - Mayor (j:;f;.';~ IJLV Victoria V olk - City Clerk J STATE OF MINNESOTA COUNTYOFANOKA CITY OF ANDOVER , I, the undersigned, being the duly qualified and acting City Clerk of the City of Andover, Minnesota, DO HEREBY CERTIFY that I have carefully compared the attached and foregoing extract of minutes of the City Council of the City of Andover held on the date therein indicated, with the original thereof on file in my office, and the same is a full, true and complete transcript therefrom insofar as the same relates to calling for redemption of outstanding General Obligation Tax Increment Bonds of 1999. WITNESS my hand as such City Clerk this 15th day of February, 2005. City Clerk ) / EXTRACT OF MUNUTES OF A MEETING OF THE CITY COUNCIL OF THE CITY OF ANDOVER, MINNESOTA HELD: February 1, 2005 Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Andover, Minnesota, was duly held at the City Hall in said City on Tuesday, the 1 st day of February, 2005, at 7:00 P.M., for the purpose in part of calling for a public hearing on the issuance of Capital Improvement Bonds. The following members were present: Don Jacobson, Mike Knight, Mike Gamache, Ken Orttel, Julie Trude And the following members were absent: None Member Orttel introduced the following resolution and moved its adoption: Resolution No. 021-05 RESOLUTION CALLING FOR A PUBLIC HEARING ON THE ISSUANCE OF CAPITAL IMPROVEMENT BONDS , J WHEREAS, A. Pursuant to Minnesota Statutes, Section 475.521, the City of Andover, Minnesota (the "City") is authorized to issue bonds to fmance capital improvements described therein; and B. Prior to the issuance of bonds for a capital improvement project, the City Council must hold a public hearing, as required by Minnesota Statues, Section 475.521, Subdivision 2; NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Andover, Minnesota, as follows: (1) Hearing. A public hearing on the issuance of Capital Improvement Bonds to fmance capital improvements related to the Public Works Facility and City Hall will be held at the time and place set forth in the Notice of Hearing attached hereto as Exhibit A and hereby made a part hereof. (2) Notice. The City Clerk is hereby authorized and directed to cause notice of said hearing in substantially the form attached hereto as Exhibit A to be given one publication in a newspaper of general circulation in the City at least 14 days but not more then 28 days before the hearing. The newspaper must be the City's official newspaper or one of general circulation in the City, and the notice must be published at least once. J The motion for the adoption of the foregoing resolution was duly seconded by member Jacobson and, upon a vote being taken thereon after full discussion thereof, the following voted in favor thereof: Don Jacobson, Mike Knight, Mike Gamache, Ken Orttel, Julie Trude And the following voted against the same: None Whereupon said resolution was declared duly passed and adopted. / 2 STATE OF MINNESOTA ) )SS COUNTYOFANOKA ) I, the undersigned, being duly qualified and acting Clerk of the City of Andover, Minnesota (the "City"), by reason of my office as Clerk, DO HEREBY CERTIFY that I have compared and 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 the City, duly called and held on the date therein indicated, insofar as such minutes relate to the calling of a public hearing on the proposed issuance of Capital Improvement Bonds to finance capital improvements therewith. WITNESS my hand this 1st day of February 200S. '. tl;t;-~ !1/~ City Clerk '\ , / 3 EXHIBIT A NOTICE OF PUBLIC HEARING NOTICE OF INTENTION TO ISSUE CAPITAL IMPROVEMENT BONDS Notice is hereby given that a public hearing has been scheduled for Tuesday March 1st, 2005 at 7:00 p.m. in the City Hall, Andover, Minnesota. The purpose of the public hearing is the (the "City") consideration of the issuance of Capital Improvement Bonds in the amount not to exceed $400,000 as part of the City's Capital Improvement Plan. The bonds are to pay for the costs of public works and city hall improvements. The plan identifies estimated capital expenditures and funding sources for a five-year period. If approved by the City, the plan will enable the issuance of general obligation bonds by the City. A referendum on the question of issuing the bonds must be held if a petition requesting a vote on the issuance is signed by votes equal to five percent of the votes cast in the City in the last general election and is filed with the City Clerk within 30 days after the public hearing. A copy of the plan is available for inspection in the City Clerk's Office, City Hall, 1685 Crosstown Blvd. NW, Andover, Minnesota 55304. Questions or comments maybe directed to the Finance Director's Office at 763-755-5100. Vicki Volk City Clerk Al CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R020-05 A RESOLUTION DENYING THE CONDITIONAL USE PERMIT REQUEST OF LOUIS RUDNICKI FOR PROPERTY LOCATED AT THE SOUTHWEST CORNER OF l55th LANE AND HUMMINGBIRD STREET, (PIN 22-32-24-11-0026) LEGALLY DESCRIBED AS: Lot 1, Block 2, Grey Oaks, Anoka County, Minnesota WHEREAS, Louis Rudnicki has requested a Conditional Use Permit to amend the Grey Oaks Planned Unit Development Approval; WHEREAS, a public hearing was held before the Planning and Zoning Commission and there was opposition to the request; WHEREAS, the Planning and Zoning Commission found that the request would have a detrimental effect upon the health, safety, and general welfare of the City of Andover, and; WHEREAS, the Planning and Zoning Commission recommends to the City Council denial of the Conditional Use Permit request; NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover agrees with the recommendation of the Planning and Zoning Commission and denies the Conditional Use Permit to amend the Planned Unit Development Approval for Grey Oaks amending the permitted uses on said property for the following reasons: 1. The expanded uses would have a detrimental effect upon the health, safety, and general welfare of the City of Andover. 2. Property owners adjacent to the site purchased property believing that the site would be used for a day care center and have expressed opposition to the proposed change. 3. The site is not an appropriate location for commercial uses more intense than a day care center. 4. Future senior based housing planned in the area would be negatively impacted by the proposed change. Adopted by the City Council of the City of Andover on this 151 day of February 2005. CITY OF ANDOVER A TIEST: (L~p tJ.d Victoria Volk, City Clerk I CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 019-05 MOTION by Councilmember Jacobson to adopt the following: A RESOLUTION ORDERING IMPROVEMENT AND DIRECTING PREPARATION OF PLANS AND SPECIFICATIONS FOR THE IMPROVEMENT OF PROJECT NO. 03-1A FOR THE PRAIRIE KNOLL PARK LIGHTING. WHEREAS, the City Council is cognizant of the need for the lighting improvements; and NOW, THEREFORE BE IT RESOLVED by the City Council to order the improvement of Prairie Knoll Park Liohtinq, Project 03-1A; and BE IT FURTHER RESOLVED by the City Council to hereby direct Wunderlich- Malec to prepare the plans and specifications for such improvement project. MOTION seconded by Council member Knioht and adopted by the City Council at a reoular meeting this 1st day of Februarv , 2005 , with Council members Jacobson. Knioht. Orttel, Trude. Gamache voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: (J;t;;~ (Jib Victoria Volk - City Clerk J I CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA , RES. NO. 018-05 MOTION by Council member Jacobson to adopt the following: A RESOLUTION DECLARING COSTS AND DIRECTING PREPARATION OF ASSESSMENT ROLL FOR THE IMPROVEMENT OF SANITARY SEWER. WATER MAIN. STORM SEWER & STREETS FOR PROJECT 03-35. BUNKER LAKE VILLAGE. THE CITY COUNCIL OF THE CITY OF ANDOVER HEREBY RESOLVES: WHEREAS, a contract has been entered into for the construction of the improvements and the contract price for such improvement is $300.578.90 plus $5.677.00 for seal coat, and the expenses incurred or to be incurred in the making of such improvement amount to $257.417.38 and charges previously assessed in the amount of $43.908.20 , so that the total cost of the improvement will be $519.765.09. NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Andover, MN: / 1. The portion of the cost of such improvement to be paid by the City is hereby declared to be $0.00 the amount to be assessed against benefited property owners is declared to be $519.765.09 . 2. Such assessments shall be payable in semi-annual installments, together with principal and accrued interest, extending over a period of!! years. The first of the installments to be payable on or before the 15th day of April 2005, and shall bear interest at the rate of 5% percent per annum from the date of the adoption of the assessment resolution. 3. The City Clerk, with the assistance of the City Engineer shall forthwith calculate the proper amount to be specially assessed for such improvement against every assessable lot, piece or parcel of land within the district affected, without regard to cash valuation, as provided by law, and she shall file a copy of such proposed assessment in her office for public inspection. 4. The Clerk shall, upon the completion of such proposed assessment, notify the Council thereof. MOTION seconded by Councilmember Knioht and adopted by the City Council at a reoular meeting this ~ day of Februarv , 2005 , with Councilmembers Jacobson. Knioht. Orttel. Trude. Gamache voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. ~Ila Victoria Volk - City Clerk CITY OF ANDOVER '?%ldJ Michael R. Gamache - Mayor / ATTEST: . I / CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 017-05 MOTION by Council member Jacobson to adopt the following: A RESOLUTION DECLARING ADEQUACY OF PETITION AND ORDERING PREPARATION OF A FEASIBILITY REPORT FOR THE IMPROVEMENT OF STORM SEWER & STREETS, PROJECT NO. 05-9, KIMBERLY OAKS. WHEREAS, the City Council has received a petition, dated Januarv 24. 2005, requesting the construction of improvements; and WHEREAS, such petition has been validated to represent the signatures of 100% of the affected property owners requesting such improvement. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover that: , , , 1. The petition is hereby declared to be 100% of owners of property affected, thereby making the petition unanimous. 2. Escrow amount for feasibility report is $5.000.00 3. The proposed improvement is hereby referred to the Citv Enqineer and he is instructed to provide the City Council with a feasibility report. MOTION seconded by Councilmember Kniqht and adopted by the City Council at a reqular meeting this 1 st day of Februarv ,2005, with Councilmembers Jacobson. Kniqht. Orttel. Trude, Gamache voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER 74~~~L" M~t(ael R. Gamache - Mayor ATTEST: fL.4i'A";'/ IJ~ Victoria Volk - City Clerk , / CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 016-05 MOTION by Councilmember Jacobson to adopt the following: A RESOLUTION ACCEPTING A DONATION MADE TO THE CITY OF ANDOVER TOWARD THE DEVELOPMENT OF PROJECT NO. 03-1 ,PRAIRIE KNOLL PARK. WHEREAS, any donations that are to be made to the City of Andover must be accepted by the City Council; and WHEREAS, the $2,500.00 cash donation from Bauerly Bros., Inc. & MDU Resources Foundation is for the development of Prairie Knoll Park, Project 03-1.. NOW, THEREFORE BE IT RESOLVED by the City Council to hereby accept the donation, which is to be used towards the development of Prairie Knoll Park. MOTION seconded by Councilmember Knioht and adopted by the City Council at a reoular meeting this 1 st day of Februarv , 2005 , with Councilmembers Jacobson. Knioht. Orttel. Trude. Gamache voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: Ii :Z:~j ()..fL/ Victoria Volk - City Clerk , , CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 015-05 MOTION by Councilmember Jacobson to adopt the following: A RESOLUTION ORDERING IMPROVEMENT AND DIRECTING PREPARATION OF PLANS AND SPECIFICATIONS FOR THE IMPROVEMENT OF PROJECT NO. 05-4 FOR THE 2005 SEAL COATING IMPROVEMENTS. WHEREAS, the City Council is cognizant of the need for the seal coating improvements; and NOW, THEREFORE BE IT RESOLVED by the City Council to order the improvement of 2005 Seal Coatino Improvements, Project 05-4; and " BE IT FURTHER RESOLVED by the City Council to hereby direct the Citvof Coon Rapids to prepare the plans and specifications for such improvement project. MOTION seconded by Councilmember Knioht and adopted by the City Council at a reoular meeting this 1st day of Februarv , 2005 , with Councilmembers Jacobson. Knioht. Orttel. Trude. Gamache voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER <--qul~~ ~ichael R. Gamache - Mayor ATTEST: il ,Zz-J ()/o Victoria Volk - City Clerk / CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 014-05 MOTION by Council member Orttel to adopt the following: A RESOLUTION ORDERING PREPARATION OF A FEASIBILITY REPORT FOR THE IMPROVEMENT OF SANITARY SEWER & WATER MAIN ,PROJECT NO. 05-6, IN THE AREA OF 148TH LANE NW BETWEEN EAGLE STREET NW & BLUEBIRD STREET NW. WHEREAS, the City Council has received a petition, dated December 29. 2004 requesting the construction of improvements at 1487 _148th Lane NW and is cognizant of the need for the improvements on 148th Lane NW between Eaale Street NW & Bluebird Street NW; and WHEREAS, such petition has been validated to represent the signatures of 100% of the affected property owners requesting such improvement. WHEREAS, the City Council proposes to assess the benefiting property for all or a portion of the costs of the improvement, pursuant to Minnesota Statutes 429. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover I that: 1. A petition has been received by the property owner at 1487 - 148th Lane NW for such improvements. 2. The City Council is cognizant of the need for improvements. 3. Escrow amount for feasibility report is 0 4. The proposed improvement is hereby referred to the Citv Enaineer and he is instructed to provide the City Council with a feasibility report. MOTION seconded by Councilmember Jacobson and adopted by the City Council at a reaular meeting this 18th day of Januarv , 2005, with Councilmembers Trude. Jacobson. Kniaht. Orttel. Gamache voting in favor of the resolution, and Council members none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: Michael / !)ub".J {/,CjV Victoria Volk - City Clerk \ \ j CITY OF ANDOVER COUNTYOFANOKA STATE OF MINNESOTA RES. NO. ROB-OS A RESOLUTION APPROVING THE CONDITIONALUSE PERMIT REQUEST OF TCF FOR DRIVE THROUGH ON PROPERTY LEGALLY DESCRIBED AS: Lot 2, Block 1 Andover Marketplace 2nd Addition, Anoka County, Minnesota WHEREAS, TCF has requested a Conditional Use Permit for a drive-through, and; WHEREAS, the Planning and Zoning Commission has reviewed the request and has determined that said request meets the criteria of City Code and would not have a detrimental effect upon the health, safety, and general welfare of the City of Andover, and; WHEREAS, the Planning and Zoning Commission recommends to the City Council approval of the Conditional Use Permit request, and; NOW, THEREFORE, BE IT RESOLVED, that the City Council ofthe City of Andover hereby agrees with the recommendation of the Planning and Zoning Commission and approves the Conditional Use Permit for a drive-through on said property with the following condition: / 1. The proposed project shall complete the Commercial Site Plan Process. 2. The applicant shall provide evergreen trees and! or other appropriate screening to screen headlights from vehicles in the drive through from residential properties to the north. Adopted by the City Council of the City of Andover on this 18th day of January, 2005. CITY OF ANDOVER ATTEST: ~~" -L lchae R. Gama e, Mayor /Leaa Victoria V olk, City Clerk "' j EXHIBIT A ANDOVER STATION NORTH LEGAL DESCRIPTION j That part of the Northeast Quarter of the Northeast Quarter, Section 34, Township 32, Range 24, Anoka County, Minnesota, lying southerly of the following described line: Beginning at a point on the west line of said Northeast Quarter of the Northeast Quarter distant 15.00 feet south from the northwest comer of said Northeast Quarter of the Northeast Quarter; thence on an assumed bearing of South 89 degrees 08 minutes 39 seconds East, parallel with the north line of said Northeast Quarter of the Northeast Quarter, a distance of 180.50 feet; thence South 75 degrees 30 minutes 33 seconds East a distance of 190.89 feet; thence South 89 degrees 08 minutes 39 seconds East a distance of 474.80 feet; thence North 67 degrees 05 minutes 08 seconds East a distance of ll1.64 feet; thence South 89 degrees 08 minutes 39 seconds East a distance of373.94 feet to a point on the east line of said Northeast Quarter of the Northeast Quarter and said line there terminating. AND That part of the Northwest Quarter of the Northe~t Quarter, Section 34, Township 32, Range 24, Anoka County, Minnesota, lying westerly and southerly of the following described line: Commencing at the northeast comer of said Northwest Quarter of the Northeast Quarter; thence on an assumed bearing of North 89 degrees 08 minutes 39 seconds West, along the north line of said Northwest Quarter of the Northeast Quarter, a distance of 1078.71 feet to the actual point of beginning of the line to be described; thence South 68 degrees 56 minutes 31 seconds East a distance of 402.99 feet; thence South 81 degrees 03 minutes 01 seconds East a distance of 109.56 feet; thence North 70 degrees 32 minutes 11 seconds East a distance of 198.91 feet; thence North 80 degrees 59 minutes 38 seconds East a distance of 411.75 feet to a point on the east line of said Northwest Quarter of the Northeast Quarter distance 15.00 feet south from said northeast comer of the Northwest Quarter of the Northeast Quarter, and said line there terminating. AND The Southeast Quarter of the Northeast Quarter of Section 34, Township 32, Range 24, Anoka County, Minnesota, EXCEPT the east 600.00 feet thereof, and also EXCEPT part taken for street and utility purposes as shown in Final Certificate recorded as Document No. 1141388, and EXCEPT the following described tract of land: CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 012-05 MOTION by Councilmember Trude to adopt the following: A RESOLUTION APPROVING CHANGE ORDER #...1- TO PROJECT NO. 02-46. FIRE STATION #3. WHEREAS, the City of Andover has a contract for Project No. 02-46 with Rochon Corporation of Plvmouth. MN NOW THEREFORE, BE IT RESOLVED by the City Council of Andover to hereby approve the change order to Project No. 02-46. -\ .j Adopted by the City Council of the City of Andover this Januarv , 2005. 18th day of CITY OF ANDOVER ATTEST: tLc~{/$ Victoria Volk - City Clerk I CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 011-05 MOTION by Council member Trude to adopt the following: A RESOLUTION ORDERING IMPROVEMENT AND DIRECTING PREPARATION OF PLANS AND SPECIFICATIONS FOR THE IMPROVEMENT OF PROJECT NO. 05-3 FOR THE 2005 CRACK SEALING IMPROVEMENTS. WHEREAS, the City Council is cognizant of the need for the crack sealing improvements; and NOW, THEREFORE BE IT RESOLVED by the City Council to order the improvement of 2005 Crack Sealinq Improvements, Project 05-3; and , BE IT FURTHER RESOLVED by the City Council to hereby direct the ....9!Y.. Enqineer to prepare the plans and specifications for such improvement project. , / MOTION seconded by Councilmember Jacobson and adopted by the City Council at a reoular meeting this 18th day of Januarv , 2005 , with Councilmembers Trude. Jacobson. Kniqht. Orttel. Gamache voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER fL1;;-~ ()c/b Victoria Volk - City Clerk ATTEST: / CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RESOLUTION ROlO-05 A RESOLUTION EXTENDING THE NORTHWEST ANOKA COUNTY COMMUNITY CONSORTIUM JOINT POWERS AGREEMENT. WHEREAS, the Andover City Council approved a joint powers agreement between Anoka County, Anoka-Hennepin School District #11 and the cities of Anoka, Ramsey and Andover to create an organization known as the Northwest Anoka County Community Consortium; and WHEREAS, the agreement expired on December 31,2004; and WHEREAS, the City of Andover wishes to extend the Northwest Anoka County Community Consortium Joint Powers Agreement. \ NOW, THEREFORE BE IT RESOLVED that the Andover City Council extend the agreement to December 31, 2006. " BE IT FURTHER RESOLVED that the agreement may be renewed for an additional term of two years by resolution of all governing bodies prior to the expiration date of December 31, 2006. Adopted by the City Council of the City of Andover this 18th day of Januarv 2005. CITY OF ANDOVER Attest: ~~c/J;-L. ~chael R. Gamache - Mayor ~-o!J ()Lb Victoria V olk - City Clerk , I CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 009-05 MOTION by Councilmember Trude to adopt the following: A RESOLUTION RELATING TO FINANCING OF CERTAIN PROPOSED PROJECTS TO BE UNDERTAKEN BY THE CITY OF ANDOVER ESTABLISHING COMPLIANCE WITH REIMBURSEMENT BOND REGULATIONS UNDER THE INTERNAL REVENUE CODE. WHEREAS, the Internal Revenue Service has issued Section 1.103-18 of the Income Tax Regulations (the "Regulations") dealing with the issuance of bonds, all or a portion of the proceeds of which are to be used to reimburse the City for project expenditures made by the City prior to the time of the issuance of the bonds; and WHEREAS, the Regulations generally require that the City make a prior declaration of its official intent to reimburse itself for such prior expenditures out of the proceeds of a subsequently issued borrowing, that the borrowing occur and the reimbursement allocation be made from the proceeds of such borrowing within one year of the payment of the expenditure or, if longer, within one year of the date the project is placed in service, and that the expenditure be a capital expenditure; and WHEREAS, the City desires to comply with requirements of the Regulations with respect to certain projects hereinafter identified; " NOW THEREFORE BE IT RESOLVED that the City of Andover, Minnesota adopts a "declaration of official intent" pursuant to Section 1.103-18 of the Regulations. 1. Official Intent Declaration (a) The City proposes to undertake the following projects described on Exhibit A attached hereto. (b) Other than (i) expenditures to be paid or reimbursed from sources other than a borrowing or (ii) expenditures permitted to be reimbursed pursuant to the transition provision of Section 1.103-18(1)(2) of the Regulations or (iii) expenditures constituting preliminary expenditures as defined in Section 1.103(1 )(2) of the Regulations, no expenditures for the foregoing projects as identified on Exhibit A have heretofore been made by the City and no expenditures will be made by the City until after the date of this Resolution. (c) The City reasonably expects to reimburse the City expenditures made for costs of designated projects out of the proceeds of debt (the "Bonds") to be incurred by the City after the date of payment of all or a portion of the costs. All reimbursed expenditures shall be capital expenditures as defined in Section 1.150-1(h) of the Regulations. (d) This declaration is a declaration of official intent adopted pursuant to Section 1.103-18 of the Regulations. '_ .J 2. Budoetarv Matters. As of the date hereof, there are no City funds reserved, allocated on a long-term basis or otherwise, set aside (or reasonably expected to be reserved, allocated on a long-term bases or otherwise set aside) to provide permanent financing for the expenditures related to the projects, other than pursuant to the issuance of the Bonds. This resolution, .- '\. therefore, is determined to be consistent with the City's budgetary and financial circumstances as they exist or are reasonably foreseeable on the date hereof, all within the meaning and content of the Regulations. , - - -' 3. Filino. This resolution shall be filed within 30 days of its adoption in the publicly available official books and records of the City. This resolution shall be available for inspection at the office of the City Clerk at the City Hall (which is the main administrative office of the City) during normal business hours of the City on every business day until the date of issuance of the Bonds. 4. Reimbursement Allocations. The City's financial officer shall be responsible for making the "reimbursement allocations" described in the Regulations, being generally the transfer of the appropriate amount of proceeds of the Bonds to reimburse the source of temporary financing used by the City to make payment of the prior costs of the projects. Each allocation shall be evidenced by an entry on the official books and records of the City maintained for the Bonds, shall specifically identify the actual prior expenditure being reimbursed or, in the case reimbursement of a fund or account in accordance with Section 1.103-18, the fund or account from which the expenditure was paid, and shall be effective to relieve the proceeds of the Bonds from any restriction under the bond resolution or other relevant legal documents for the Bonds, and under any applicable state statute, which would apply to the unspent proceeds of the Bonds. MOTION seconded by Council member Jacobson Andover on this 18th day of January. 2005 -' Trude. Gamache. Knioht (absent) Councilmembers none and adopted by the City Council of the City of with Councilmembers Jacobson. Orttel. voting in favor of the resolution, and voting against, whereupon said resolution was passed. \ A lTEST: CITY OF ANDOVER ~L..v~ ~1Chael R. Ga e - Mayor tL;t;/~ !J.& Victoria Volk - City Clerk J , Project Descriptions: Jay Street Construction (Phase I & II) , / \ j EXHIBIT A $3,895,800 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA R008-05 A RESOLUTION AUTHORIZING APPLICATIONS FOR 2005 COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS TO BE USED TO CONDUCT PROJECTS WITHIN THE CITY OF ANDOVER FOR THE BETTERMENT OF ANDOVER RESIDENTS WHEREAS, the City Council recognizes the need to use Community Development Block Grant funds for the betterment of Andover residents; and WHEREAS, the County of Anoka makes said funds available to the City through the United States Department of Housing and Urban Development, following guidelines established for the use of Community Development Block Grant funds; and WHEREAS, the City will be eligible to receive funds distributed by Anoka County to conduct projects for the residents of the City for the 2005 fiscal year; and NOW, THEREFORE, BE IT RESOLVED, that the City Council hereby approves the 2005 Community Development Block Grant Projects and Budget as follows: , I 2005 Authorized CDBG Applications with Request Amount Proiect Economic Redevelopment Program Communitv Center/YMCA youth and senior vrOf!1'ams TOTAL 2005 Proposal $250,000 $50,000 $300,000 Adopted by the City Council ofthe City of Andover on this 4th day of January, 2005. ATTEST: CITY OF ANDOVER CLt-0,/ fJ../b Victoria V olk, City Clerk ) CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 007-05 MOTION by Councilmember Knioht to adopt the following: A RESOLUTION ORDERING THE IMPROVEMENT OF SITE GRADING. SANITARY SEWER, WATER MAIN. STREETS. STORM SEWER, TRAILS & SIDEWALKS , FOR PROJECT 02-33 IN THE AREA OF ANDOVER STATION NORTH AND DIRECTING PREPARATION OF FINAL PLANS AND SPECIFICATIONS. WHEREAS, Resolution No. 204-04 of the City Council adopted on the 7th day of December ,2004, fixed a date for a public hearing; and WHEREAS, pursuant to the required published and mailed notice such hearing was held on the 4th day of Januarv , 2005; 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. 02-33. ,I BE IT FURTHER RESOLVED by the City Council of the City of Andover to hereby designate SEH as the Engineer for this improvement and they are directed to prepare plans and specifications for such improvements. MOTION seconded by Councilmember Jacobson and adopted by the City Council at a reoular meeting this 4th day of Januarv , 2005, with Councilmembers Jacobson. Knioht. Orttel. Gamache. Trude voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: / f1></;;~ ()~ Victoria Volk - City Clerk ~ / CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 005-05 MOTION by Councilmember Jacobson to adopt the following: A RESOLUTION RELATING TO FINANCING OF CERTAIN PROPOSED PROJECTS TO BE UNDERTAKEN BY THE CITY OF ANDOVER ESTABLISHING COMPLIANCE WITH REIMBURSEMENT BOND REGULATIONS UNDER THE INTERNAL REVENUE CODE. WHEREAS, the Intemal Revenue Service has issued Section 1.103-18 of the Income Tax Regulations (the "Regulations") dealing with the issuance of bonds, all or a portion of the proceeds of which are to be used to reimburse the City for project expenditures made by the City prior to the time of the issuance of the bonds; and WHEREAS, the Regulations generally require that the City make a prior declaration of its official intent to reimburse itself for such prior expenditures out of the proceeds of a subsequently issued borrowing, that the borrowing occur and the reimbursement allocation be made from the proceeds' of such borrowing within one year of the payment of the expenditure or, if longer, within one year of the date the project is placed in service, and that the expenditure be a capital expenditure; and WHEREAS, the City desires to comply with requirements of the Regulations with respect to certain projects hereinafter identified; / NOW THEREFORE BE IT RESOLVED that the City of Andover, Minnesota adopts a "declaration of official intent" pursuant to Section 1.103-18 of the Regulations. 1. Official Intent Declaration (a) The City proposes to undertake the following projects described on Exhibit A attached hereto. (b) Other than (i) expenditures to be paid or reimbursed from sources other than a borrowing or (ii) expenditures permitted to be reimbursed pursuant to the transition provision of Section 1.103-18(1}(2} of the Regulations or (iii) expenditures constituting preliminary expenditures as defined in Section 1.103(1 }(2) of the Regulations, no expenditures for the foregoing projects as identified on Exhibit A have heretofore been made by the City and no expenditures will be made by the City until after the date of this Resolution. (c) The City reasonably expects to reimburse the City expenditures made for costs of designated projects out of the proceeds of debt (the "Bonds") to be incurred by the City after the date of payment of all or a portion of the costs. All reimbursed expenditures shall be capital expenditures as defined in Section 1.150-1 (h) of the Regulations. (d) This declaration is a declaration of official intent adopted pursuant to Section 1.103-18 of the Regulations. 1 2. Budaetarv Matters. As of the date hereof, there are no City funds reserved, allocated on a long-term basis or otherwise, set aside (or reasonably expected to be reserved, allocated on a long-term bases or otherwise set aside) to provide permanent financing for the expenditures related to the projects, other than pursuant to the issuance of the Bonds. This resolution, therefore, is determined to be consistent with the City's budgetary and financial circumstances as they exist or are reasonably foreseeable on the date hereof, all within the meaning and content of the Regulations. 3. Filinq. This resolution shall be filed within 30 days of its adoption in the publicly available official books and records of the City. This resolution shall be available for inspection at the office of the City Clerk at the City Hall (which is the main administrative office of the City) during normal business hours of the City on every business day until the date of issuance of the Bonds. 4. Reimbursement Allocations. The City's financial officer shall be responsible for making the "reimbursement allocations" described in the Regulations, being generally the transfer of the appropriate amount of proceeds of the Bonds to reimburse the source of temporary financing used by the City to make payment of the prior costs of the projects. Each allocation shall be evidenced by an entry on the official books and records of the City maintained for the Bonds, shall specifically identify the actual prior expenditure being reimbursed or, in the case reimbursement of a fund or account in accordance with Section 1.103-18, the fund or account from which the expenditure was paid, and shall be effective to relieve the proceeds of the Bonds from any restriction under the bond resolution or other relevant legal documents for the Bonds, and under any applicable state statute, which would apply to the unspent proceeds of the Bonds. MOTION seconded by Councilmember Knioht Andover on this 4th day of Januarv. 2005 and adopted by the City Council of the City of with Councilmembers Jacobson. Knioht. " OrUel. Gamache. Trude Council members none voting in favor of the resolution, and voting against, whereupon said resolution was passed. CITY OF ANDOVER ATTEST: A'J 1',( tl:ti.~ ()./LJ Victoria Volk - City Clerk , ./ EXHIBIT A \ J Project Descriptions: Voting Equipment Hydraulic Rescue Equipment Replacement Vehicle - Pickup #6 Replacement Vehicle - Dump Truck wi Snow Removal Replacement Vehicle - Cushman Truckster Replacement Vehicle - Hon Dump wi Snow Removal $ 55,000 25,000 21,000 120,000 20,000 55.000 $296 000 Total , I -' CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 004-05 MOTION by Councilmember Jacobson to a~opt the following: A RESOLUTION RELA.TING TO FINANCING OF CERTAIN PROPOSED PROJECTS TO BE UNDERTAKEN BY THE CITY OF ANDOVER ESTABLISHING COMPLIANCE WITH REIMBURSEMENT BOND REGULA.TIONS UNDER THE INTERNAL REVENUE CODE. WHEREAS, the Internal Revenue Service has issued Section 1.103-18 of the Income Tax Regulations (the "Regulations") dealing with the issuance of bonds, all or a portion of the proceeds of which are to be used to reimburse the City for project expenditures made by the City prior to the time of the issuance of the bonds; and WHEREAS, the Regulations generally require that the City make a prior declaration of its official intent to reimburse itself for such prior expenditures out of the proceeds of a subsequently issued borrowing, that the borrowing occur and the reimbursement allocation be made from the proceeds of such borrowing within one year of the payment of the expenditure or, if longer, within one year of the date the project is placed in service, and that the expenditure be a capital expenditure; and WHEREAS, the City desires to comply with requirements of the Regulations with respect to , certain projects hereinafter identified; NOW THEREFORE BE IT RESOLVED that the City of Andover, Minnesota adopts a "declaration of official intent" pursuant to Section 1.103-18 of the Regulations. , _J 1. Official Intent Declaration (a) The City proposes to undertake the following projects described on Exhibit A attached hereto. (b) Other than (i) expenditures to be paid or reimbursed from sources other than a borrowing or (ii) expenditures permitted to be reimbursed pursuant to the transition provision of Section 1.103-18(1)(2) of the Regulations or (iii) expenditures constituting preliminary expenditures as defined in Section 1.103(1 )(2) of the Regulations, no expenditures for the foregoing projects as identified on Exhibit A have heretofore been made by the City and no expenditures will be made by the City until after the date of this Resolution. - (c) The City reasonably expects to reimburse the City expenditures made for costs of designated projects out of the proceeds of debt (the "Bonds") to be incurred by the City after the date of payment of all or a portion of the costs. All reimbursed expenditures shall be capital expenditures as defined in Section 1.150-1(h) of the Regulations. " -_ J (d) This declaration is a declaration of official intent adopted pursuant to Section 1.103-18 of the Regulations. 2. Budaetarv Matters. As of the date hereof, there are no City funds reserved, allocated on a long-term basis or otherwise, set aside (or reasonably expected to be reserved, allocated on a long-term bases or otherwise set aside) to provide permanent financing for the expenditures related to the projects, other than pursuant to the issuance of the Bonds. This resolution, therefore, is determined to be consistent with the City's budgetary and financial circumstances as they exist or are reasonably foreseeable on the date hereof, all within the meaning and content of the Regulations. 3. Filino. This resolution shall be filed within 30 days of its adoption in the publicly available official books and records of the City. This resolution shall be available for inspection at the office of the City Clerk at the City Hall (which is the main administrative office of the City) during normal business hours of the City on every business day until the date of issuance of the Bonds. 4. Reimbursement Allocations. The City's financial officer shall be responsible for making the "reimbursement allocations. described in the Regulations, being generally the transfer of the appropriate amount of proceeds of the Bonds to reimburse the source of temporary financing used by the City to make payment of the prior costs of the projects. Each allocation shall be evidenced by an entry on the official books and records of the City maintained for the Bonds, shall specifically identify the actual prior expenditure being reimbursed or, in the case reimbursement of a fund or account in accordance with Section 1.103-18, the fund or account from which the expenditure was paid, and shall be effective to relieve the proceeds of the Bonds from any restriction under the bond resolution or other relevant legal documents for the Bonds, and under any applicable state statute, which would apply to the unspent proceeds of the Bonds. MOTION seconded by Councilmember Knioht and adopted by the City Council of the City of Andover on this 4th day of January. 2005 with Councilmembers Jacobson. Knioht. I Orttel. Trude. Gamache voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was passed. CITY OF ANDOVER ATTEST: th;;~ ()Lb Victoria Volk - City Clerk ,- EXHIBIT A Project Descriptions: New Development Projects Facility Management Improvements I Remodeling Crosstown Blvd Trunk Sewer Line Extension Drill Well #9 Water Transmission Lines from Well #9 Pitless Unit Pumping System $3,300,000 325,000 707,300 215,000 813,000 225.000 Total $5 585 300 ., CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 003-05 MOTION by Councilmember Jacobson to adopt the following: A RESOLUTION APPROVING CHANGE ORDER # 2 (COMPENSATING) TO PROJECT NO. 03-35. BUNKER LAKE VILLAGE. WHEREAS. the City of Andover has a contract for Project No. 03-35 with Hvdrocon Inc. of North Branch. MN NOW THEREFORE, BE IT RESOLVED by the City Council of Andover to hereby approve the change order to Project No. 03-35. Adopted by the City Council of the City of Andover this Januarv , 2005. 4th day of / CITY OF ANDOVER ATTEST: c?~R~cJJ' M' ael R. GamaChe - Mayor IJ;;I;-?-t~ ().$ Victoria Volk - City Clerk G:IDA T AIST AFFlRHONDAAIAGENDAIRESOLUTI\20051010405ICOS1-2 03-35.DOC CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 002-05 MOTION by Councilmember Jacobson to adopt the following: A RESOLUTION APPROVING CHANGE ORDER #~ TO PROJECT NO. 03-35, BUNKER LAKE VILLAGE. WHEREAS, the City of Andover has a contract for Project No. 03-35 with Hvdrocon Inc. of North Branch. MN NOW THEREFORE, BE IT RESOLVED by the City Council of Andover to hereby approve the change order to Project No. 03-35. Adopted by the City Council of the City of Andover this Januarv , 2005. 4th day of CITY OF ANDOVER ATTEST: tLT~ (J.~ Victoria Volk - City Clerk G:\DA T A\ST AFF\RHONDAA\AGENDA\RESOLUTI\2005\01 0405\COS 1-2 03-35.DOC CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 227-05 A RESOLUTION AMENDING RESOLUTION R154-05 TO AMEND THE COMPREHENSIVE LAND USE PLAN OF THE CITY TO REVISE THE TRANSITIONAL COMMERCIAL/LIGHT INDUSTRIAL LAND USE DISTRICT WHEREAS, the City Council has directed the Planning Commission to evaluate the Transitional Commercial/Light Industrial land use designation of the Comprehensive Plan; and WHEREAS, the Planning Commission has reviewed the Transitional Commercial/Light Industrial Land Use District and held a public hearing pursuant to state statutes; and WHEREAS, the City Council approved Resolution R154-05 to change the name of the Transitional Cornmercia1/Light Industrial Land Use District to Transitional Commercial; and WHEREAS, the City Council has further evaluated the potential land uses that could be allowed within the Transitional Commercial Land Use District; and NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover amends Resolution R154-05 and the City's Comprehensive Plan as follows: 1. To add a policy to require a rezoning contract as a condition of rezoning approval for sites within the Transitional Commercial Land Use District. The rezoning contract will specify the uses of the property and address screening and overall design. The rezoning contract shall also permit the City to enforce the terms of the contract. 2. Subject to review and approval by the Metropolitan Council. Adopted by the City Council of the City of Andover on this 20th day of December, 2005. CITY OF ANDOVER ATTEST: ILi;;,~/ ()M Victoria V olk, City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 001-05 MOTION by Councilmember Jacobson to adopt the following: A RESOLUTION ORDERING PREPARATION OF A FEASIBILITY REPORT FOR THE IMPROVEMENT OF 2005 OVERLAYS, PROJECT NO. 05-2. WHEREAS, the City Council of the City of Andover is cognizant of the need for the improvements, specifically 2005 Overlavs, Project 05-2; and WHEREAS, the City Council proposes to assess the benefiting property for all or a portion of the costs of the improvement, pursuant to Minnesota Statutes 429. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover that: 1. The City Council is cognizant of the need for improvements. 2. The proposed improvement is hereby referred to the City Enoineer and he is instructed to provide the City Council with a feasibility report. MOTION seconded by Councilmember Knioht and adopted by the City Council at a reoular meeting this 4th day of Januarv , 2005 , with Councilmembers Jacobson. Knioht. Orttel. Gamache. Trude voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: <-----?Zr--? - /~ d /' </-~~~~~ ~(chael R. Gamache - Mayor ~~ (/v-/P' Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. ~~3-05 MOTION by Councilmember to adopt the following: A RESOLUTION ACCEPTING A DONATION OF LIGHT POLES, LOCATED AT CLOCKTOWER COMMONS, MADE TO THE CITY OF ANDOVER. WHEREAS, any donations that are to be made to the City of Andover must be accepted by the City Council; and WHEREAS, the donation from Clocktower Commons LLC of light poles located at Clocktower Commons. NOW, THEREFORE BE IT RESOLVED by the City Council to hereby accept the donation. MOTION seconded by Councilmember and adopted by the City Council at a regular meeting this 20th day of December 2005, 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