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C 0 4J 0 ©0 0 N N W r-I O N <r x CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA R115 -I1 C�J A RESOLUTION AUTHORIZING APPLICATIONS FOR 2012 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 2012 fiscal year; and NOW, THEREFORE, BE IT RESOLVED, that the City Council hereby approves the 2012 Community Development Block Grant Projects and Budget as follows: 2012 Authorized CDBG Application with Requested Amount 2012 Projec Pr oposal Acquisition /Demolition Crosstown Boulevard and Crosstown Drive $200,000 TOTAL $2009000 Adopted by the City Council of the City of Andover on this 20 day of December, 2011. CITY OF ANDOVER ATTEST: M chelle Hartner, Deputy City Clerk ichael R. Gamache, Mayor H CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R 114 -11 A RESOLUTION AMENDING THE COMPREHENSIVE LAND USE PLAN OF THE CITY OF ANDOVER TO CHANGE THE LAND USE CLASSIFICATION FROM TRANSITIONAL RESIDENTIAL TO AGRICULTURAL FOR PROPERTY LEGALLY DESCRIBED AS FOLLOWS: That part of the Northwest Quarter of the Northwest Quarter of Section 28, Township 32, Range 24, Anoka County, Minnesota lying East of the West 660.34 feet thereof WHEREAS, the applicant has petitioned the City of Andover to enroll the subject property in the Agricultural preserve Program; and WHEREAS, The Minnesota Statute 40A requires establishes criteria for land to be considered for the Agricultural Preserve Program, including designation of the subject property as agricultural; and u WHEREAS, the City has established criteria for the review of changes to land use classifications and the proposed land use change satisfies these criteria as follows; 1. Economic conditions have slowed residential development and there remains a significant amount of land that needs to be developed before this parcel would become a logical choice for development. Forecasts predicting the rate of residential development on the attached sewer and staging plan have not occurred in the time expected; 2. The proposed land use is compatible with surrounding land uses because the applicant has purchased the subject property to expand the adjoining farm. The surrounding properties are similarly utilized for agricultural purposes; 3. Conversely, municipal utilities are not available to serve the subject property and will not be available until a significant amount of land between the subject property and these utilities is developed; 4. There would be no increase in the existing capacity of public systems, facilities and services required to serve the proposed land use; 5. The northerly portion of the property is presently farmed as shown on the attached aerial photograph. The applicant may also farm the southerly portion of the property. There are no wetlands on the site; 6. The surrounding lands are presently utilized for agricultural purposes; and © WHEREAS, the Planning and Zoning Commission has conducted public hearing and recommends to the City Council approval of the amendment as requested; and © WHEREAS, The Council finds the proposed use will not be detrimental to the health, safety, morals and general welfare of the occupants of the surrounding land, and; 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 adopts the following amendment to the Comprehensive Plan, subject to review by the Metropolitan Council: 1) Change the land use classification from Transitional Residential to Agricultural for the subject property. Adopted by the City Council of the City of Andover on this 20 day of December 2011. CITY OF ANDOVER � y...✓G"" ATTEST: hael R. che, Mayor M chelle Hartner, Deputy City Clerk H H ® CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO R113 -11 A RESOLUTION APPROVING THE FINAL PLAT OF "WOODLAND CROSSINGS 3 RD ADDITION" ON PROPERTY LEGALLY DESCRIBED AS: Lots 1 through 7, Block 1 Woodland Crossings 2 "d Addition, Anoka County, Minnesota WHEREAS, the City Council has approved the preliminary plat of the project to be known as "Woodland Crossings 3 rd Addition "; and WHEREAS, the Developer has presented the final plat of Woodland Crossings 3 rd Addition; and WHEREAS; the City has reviewed such final plat for conformance with the preliminary plat; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby approve the final plat of Woodland Crossings contingent upon the following: 1. The final plat shall conform to the drawing stamped received by the City Of Andover November 8, 2011 and be contingent upon the conditions of Preliminary Plat Resolution © R112 -11. 2. Contingent upon staff review and approval for compliance with City ordinances, policies and guidelines and a development agreement acceptable to the City Attorney. A financial guarantee will be required as a part of this agreement to assure all of the subdivision improvements will be completed. Adopted by the City Council of the City of Andover this 20 day of December, 2011. CITY OF ANDOVER ATTEST: A Mihelle Harmer, Deputy City Clerk chael R. Gamache, Mayor P CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO R112 -11 A RESOLUTION APPROVING THE PRELIMINARY PLAT OF "WOODLAND CROSSINGS 3` ADDITION' FOR PROPERTY LEGALLY DESCRIBED AS; Lots 1 through 7, Block 1 Woodland Crossings 2nd Addition, Anoka County, Minnesota WHEREAS, Woodland Development has requested approval of a preliminary plat of Woodland Crossings 3rd Addition; and WHEREAS, the Andover Review Committee has reviewed the preliminary plat and pursuant to the published and mailed notice thereof, the Planning Commission has conducted a public hearing on said plat; and WHEREAS, the Planning Commission finds the request would not have a detrimental effect on the property values and scenic views of the surrounding area; and WHEREAS, the Planning Commission has reviewed the request and recommends approval of the proposed preliminary 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 hereby approves the Woodland Crossings 3` Addition Preliminary Plat, subject to the following conditions: 1. The Preliminary Plat shall conform to the plan set revised and stamped received on November 30, 2011. 2. The applicant shall turn off the water service that will not be used to serve the proposed lots at the main connection and cut off the copper line. 3. Park dedication for one unit shall be refunded in the amount of $2,944. 4. Trail fees for one unit shall be refunded in the amount of $671. 5. The developer shall be financially responsible for all improvements proposed as a part of the preliminary plat. 6. Such plat approval is contingent upon a development agreement acceptable to the City Attorney. 7. Contingent upon staff review and approval for compliance with City ordinances, policies and guidelines. 8. 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. 9. The plat shall be recorded in conjunction with a resolution vacating the existing easements on Lots 1 through 7, Block 1 of Woodland Crossings 2nd Addition. 10. The applicant shall amend the homeowners association documents to remove the subject property from the homeowners association and provide proof to the city of this modification. ® Adopted by the City Council of the City of Andover this 20 day of December, 2011. ATTEST: Mqlhe helle Hartner, Deputy, City Clerk lle H CITYY O ael R. Gamache, Mayor © CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO R111 -11 A RESOLUTION GRANTING THE VACATION OF DRAINAGE AND UTILTY EASEMENTS FOR WOODLAND CROSSINGS 2 ND ADDITION WHEREAS, the applicant owns certain real property located in Woodland Crossings 2nd Addition and has requested that the City vacate drainage and utility easements located on their property, 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 following drainage and utility easements: All drainage and utility easements as depicted on the attached Exhibit A over, under, and across Lots 1 -7, Block 1, WOODLAND CROSSINGS 2 ND ADDITION, Anoka County, Minnesota. BE IT FURTHER RESOLVED, that the vacation of said easements is contingent upon the approval and recording of Woodland Crossings Third Addition with the Anoka County Recorder's Office. If the Woodland Crossings Third Addition fails to be approved and recorded with the Anoka County Recorder's Office this resolution shall be null and void. Adopted by the City Council of the City of Andover on this 20 day of December, 2011. CITY OF ANDOVER ! % v ATTEST chael Gamache, Mayor 1 Hartner, City Clerk H EASEMENT VACATION EXHIBIT A i xr o= w O OO � ° o L1') (V In o LL N for — WOODLAND DEVELOPMENT N-tl, line of Lot ]. BI-I, 1. W0001-AND CROSSINGS I r SECOND AoomoN - S89'21'22 "E 142.50 , I � r t 1 _ � - T KI 1 Ee en J J on J h J 3 a � - A i < Q O 1 t o N 7 I f: 4 J J 1 J 5 J 1 a a � Ea T3 v 122.30 N88'46'01 "W Q� O .. I_ South line of Lot ]. Block 1. /C) W0001-AN0 CROSSINGS p' - SECONO AMBON n Nlr- R PROPOSED EASEMENT VACATION DESCRIPTION All those Drainage and Utility Easements as dedicated upon Lots 1 through 7, Block 1, WOODLAND CROSSINGS SECOND ADDITION, Anoka County, Minnesota, according to the recorded plat thereof. F0 Denotes easement to be vacated Area of easement to be vacated = 10,908 sgft or 0.251 acres R NOV 8 2811 CITY CAF ANJP0 \!F:P I hereby certify that this survey, plan or report was prepared by me or under my direct supervision and that I am a duly Licensed Professional Land Surveyor under the laws of the State of Minnesota. 11/04/11 1 INCH = 50 FEET Hakanson Anderson ® Assoc.,Inc. 3S1l 1h,. u i n 55303 3601 Thnl5n 6D A FAX A% ] O, 5 - 05 ]63 -<2] -5860 P63 -62] 020 Chor46 R. Chris erson, MN License No. 18420 Date Job No.: 844280- EASEMENT.DWG CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA © RES. NO. R110 -11 A RESOLUTION UPDATING CERTIFIED BONDED INDEBTEDNESS FOR 2012. WHEREAS, the preparation and adoption of budgets is recognized as sound financial practice; and WHEREAS, the City of Andover has the responsibility to appropriately and efficiently manage the public's funds; and WHEREAS, the City of Andover has determined that it is prudent to update certified bonded indebtedness levies for 2012; and WHEREAS, the Anoka County Property Records and Taxation Division is requiring a City Council resolution updating bonded indebtedness levies that would have been certified to Anoka County as part of prior year bond sales. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Andover hereby updates all or a portion of previously certified bonded indebtedness levies for 2012 as listed on Attachment A. Adopted by the City of Andover this 20th day of December 2011, CITY OF ANDOVER Q T' ichael R. Gamache - Mayor J' ickinson — City Clerk H STATE OF MINNESOTA) Q OUNTY 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. k116 -1 ! adopting the City of Andover updates of all or a portion of previously certified bonded indebtedness levies for 2012 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 %AN Zlakof December 2011. Jim)ikkin�on - City Clerk H l0I Attachment A F GENERAL OBLIGATION DEBT CITY OF ANDOVER 2012 Proposed Levy Certification Debt Changes County Levy City Levy Scheduled Scheduled Levy Changes Variance Explanation 56 2004A GO Capital Improvement Bonds 416,100 405,292 10,808 Meet bona fide debt service requirements 58 2005A GO Improvement Bonds 576,700 - 576,700 Paid off 67B 2009A GO Open Space Bonds 182,558 182,558 0 68 2011 A GO Equipment Certificate 102,107 102,017 90 Meet bona fide debt service requirements 2004 EDA Public Facility Lease Rev - 1,092,684 (1,092,684) Lease revenue payment per pledge agreement GO Equipment Certificate - 125,000 (125,000) New issuance Total $ 1,277,465 $ 1,907,551 $ (630,086) X © CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 109 -11 MOTION by Councilmember Bukkila to adopt the following: A RESOLUTION ORDERING IMPROVEMENT, ORDERING & APPROVING FINAL PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR PROJECT NO. 12 -11 FOR BUNKER LAKE BOUELEVARD NW WATER MAIN EXTENSION. WHEREAS, the City Council is cognizant of the need for the improvement; and NOW, THEREFORE BE IT RESOLVED by the City Council to order the improvement of Bunker Lake Boulevard NW Water Main Extension Project 12 -11 WHEREAS, final plans were presented to the City Council for their review on the 20 day of December 2011 . 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 Anoka County Highway Department to seek public bids as required by law, at a time, date and location as determined by the Anoka County Highway Department MOTION seconded by Councilmember Knight and adopted by the City Council at a regular meeting this 20 day of December , 2011 , with Councilmembers Bukkila, Knight, Gamache, Trude Howard voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. ATTEST: Mic elle Hartner — Deputy City Clerk CITY OF ANDOVER T lael R. Gamache - Mayor CITY OF ANDOVER © COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 108 -11 MOTION by Councilmember Bukkila to adopt the following: A RESOLUTION ACCEPTING FEASIBILITY REPORT AND CALLING PUBLIC HEARING ON IMPROVEMENT FOR 2012 STREET RECONSTRUCTION PROJECT NOS. 12 -02B, JOHNSON'S OAKMOUNT TERRACE & 12 -02C, 147 AVENUE NW WHEREAS, pursuant to Resolution No. 098 -11 adopted the 6 day of December 2011 Feasibility Report has been prepared by the City Engineer for the improvements: and WHEREAS, such report was received by the City Council on the 20 th day of December , 2011 and WHEREAS, such reports declared the proposed assessments to be feasible for an estimated total project cost of $ 737,310.00 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover that: 1. The City Council hereby accepts the Feasibility Reports for Project Nos. 12 -02b © & 12 -02c for the improvements. 2. The Council will consider the improvements in accordance with the reports and the assessment of abutting property for all or a portion of the improvement pursuant to Minnesota Statutes Chapter 429 at an estimated total cost of the improvement of $ 737,310.00 3. A public hearing shall be held on such proposed improvement on the 17 th day of January , 2012 in the Council Chambers of the City Hall at 7:00 PM and the Clerk shall give mailed and published notice of such hearing and improvement as required by law. MOTION seconded by Councilmember Knight and adopted by the City Council at a regular meeting this 20 day of December 2011 , with Councilmembers Bukkila, Knight, Gamache Trude, Howard voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF AND VER ATTEST:. © - MipKael R. Gamache - Mayor HL cjkg� Mic elle Hartner— Deputy City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 107 -11 MOTION by Councilmember Bukkila to adopt the following: A RESOLUTION ACCEPTING FEASIBILITY REPORT AND CALLING PUBLIC HEARING ON IMPROVEMENT FOR 2012 STREET RECONSTRUCTION PROJECT NO. 12 -02A, IVYWOOD ESTATES WHEREAS, pursuant to Resolution No. 097 -11 adopted the 6 th day of December 2011 a Feasibility Report has been prepared by the City Engineer for the improvements: and WHEREAS, such report was received by the City Council on the 20 day of December , 2011 and WHEREAS, such reports declared the proposed assessments to be feasible for an estimated total project cost of $ 288,680.00 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover that: 1. The City Council hereby accepts the Feasibility Reports for Project No. 12 -02a © for the improvements. 2. The Council will consider the improvements in accordance with the reports and the assessment of abutting property for all or a portion of the improvement pursuant to Minnesota Statutes Chapter 429 at an estimated total cost of the improvement of $ 288,680.00 3. A public hearing shall be held on such proposed improvement on the 17 th day of January , 2012 in the Council Chambers of the City Hall at 7:00 PM and the Clerk shall give mailed and published notice of such hearing and improvement as required by law. MOTION seconded by Councilmember Knight and adopted by the City Council at a regular meeting this 20 day of December 2011 , with Councilmembers Bukkila, Knight, Gamache, Trude, Howard voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: Mic el R. Gam e - Mayor Michelle Hartner— Deputy City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 106 -11 A RESOLUTION RESTRICTING PARKING IN SUNSHINE PARK WEST PARKING LOT WHEREAS, the City Council is cognizant of the public nuisance; and WHEREAS, the Council believes restricting the parking in the Sunshine Park West Parking Lot will be a solution to a problem. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to restrict parking from 7:00 am to 2:00 pm during school days. Adopted by the City Council of the City of Andover this 20 day of December , 2011 ATTEST: Mi ael R. Gamache - Mayor Mi helle Hartner — Deputy City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 105 -11 MOTION by Councilmember Bukkila to adopt the following: A RESOLUTION FOR PUBLIC HEARING ON PROPOSED ASSESSMENT FOR PROJECT NOS. 11 -2A, FLINTWOOD STREET NW & 11 -24, BUTTERNUT STREET NW, 173 AVENUE NW & FLINTWOOD STREET NW STREET IMPROVEMENTS WHEREAS, by a resolution passed by the City Council on December 6, 2011 the City Clerk was directed to prepare a proposed assessment of the cost of the improvement for Project Nos. 11 -2a & 11 -24 . 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 17 day of January , 2012 , in the City Hall at 7:00 PM to pass upon such proposed assessment and at such time and place all persons owning property affected by such improvements will be given an opportunity to be heard with reference to such assessment. 2. The City Clerk is hereby directed to cause a notice of the hearing on the proposed assessment to be published once in the official newspaper at least two weeks prior to the hearing, and she shall state in the notice the total cost of improvement. She shall also cause mailed notice to be given to the owner of each parcel described in the assessment roll not less than two weeks prior to the hearings. MOTION seconded by Councilmember Knight and adopted by the City Council at a regular meeting this 20 day of December 2011 , with Councilmembers Bukkila, Knight, Gamache, Trude, Howard voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: 4 MiqKael R. Ga ache - Mayor n - fl LL dh4o-v Mi helle Hartner — Deputy City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 104 -11 MOTION by Councilmember Bukkila to adopt the following: A RESOLUTION APPROVING FINAL PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR PROJECT NO. 11 -16, ROSELLA SONSTEBY PROPERTY SANITARY SEWER AND WATER MAIN EXTENSION (14259 BUNKER LAKE BOUELVARD NW). WHEREAS, pursuant to Resolution No. 062 -11 , adopted by the City Council on the 16' day of August , 2011 , the City Engineer has prepared final plans and specifications for Project No. 11 -16 WHEREAS, such final plans and specifications were presented to the City Council for their review on the 20 day of December , 2011 . 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 Anoka County Highway Department to seek public bids as required by law, at a time, date and location determined by the Anoka County Highway Department. MOTION seconded by Councilmember Knight and adopted by the 5City Council at a regular meeting this 20 day of December 2011 , with Councilmembers Bukkila, Knight, Gamache, Trude, Howard voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: M' ael R. ache - Mayor %t' i Michelle Hartner — Deputy City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA Council member Bukkila introduced the following resolution and moved its adoption: RESOLUTION NO. R103 -11 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANDOVER FINDING A PARCEL TO BE OCCUPIED BY A STRUCTURALLY SUBSTANDARD BUILDING. WHEREAS, it has been proposed that the City Council for the City of Andover, Minnesota, (the "City "), create a tax increment financing district in an area within the City to be designated a redevelopment district as defined in Minnesota Statutes, Section 469.174, Subd. 10; and WHEREAS, In order to create this type of tax increment financing district, the City Council must make a determination that before the demolition or removal of the substandard buildings, certain conditions existed; and ® WHEREAS, In order to deem a parcel as being occupied by a structurally substandard building, the City Council must first pass a resolution before the demolition or removal that the parcel was occupied by one or more structurally substandard buildings and that after demolition and clearance the City Council intended to include the parcel within the proposed tax increment financing district; and WHEREAS, There exists in the City on each parcel or parcels described in Exhibit A attached hereto (collectively, the "Parcel ") one or more structurally substandard buildings to be demolished or removed (the "Substandard Building Condition "); and WHEREAS, A parcel is deemed to be occupied by a structurally substandard building if the Substandard Building Condition. is met within three years of the filing of the request for certification of the parcel as part of the tax increment financing district with the county auditor; and if certain other conditions are met. NOW, THEREFORE, BE IT RESOLVED by the City Council for the City of Andover that 15% of the area of the Parcel identified on Exhibit A attached hereto contains improvements and is occupied by one or more structurally substandard buildings and that after demolition and clearance the City Council intends to include this Parcel within a future tax increment financing district. The motion for the adoption of the foregoing resolution was duly seconded by Council member Knight , and upon a vote being taken thereon, the following voted in favor thereof: Gamache, © Trude, and Howard a and the following voted against the same: None Adopted by the City Council of the City of Andover on this 20 day of December, 2011. CITY OF ANDOVER Mi6a6l Gamac e, Mayor ATTEST I helle Hartner, City Clerk (Seal) H I E X u CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO R102 -11 A RESOLUTION GRANTING THE VACATION OF DRAINAGE AND UTILITY EASEMENTS WITHIN WOODLAND ESTATES WHEREAS, the applicants are owners of certain real property located in Woodland Estates and have requested that the City vacate portions of drainage and utility easements located on their property, 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 following drainage and utility easements: All drainage and utility easements as depicted on the attached exhibits over, under, and across Lots 11 -15, Block 2, WOODLAND ESTATES, Anoka County, Minnesota. BE IT FURTHER RESOLVED, that the vacation of said easements shall be recorded with the Anoka County Recorder's Office. Adopted by the City Council of the City of Andover on this 6 day of December, 2011. CITY OF ANDOVER ATTEST A erC l ity f i helle Hart Clerk ichael Gamac e, Mayor L�J EASEMENT VACATION EXHIBIT I for , RANDALL GRACHEK \ 1' 14 91N / 0 / / / N1 .49 59 \\ Ir 1 S\ 581'25, \ m 12 \ 11 ' \ � 1 ., \• \\ s ew. \\ � \ 'm \ drainage and \, uUP ty easement • t - -- 7 (es per plat) Southwest corner of Lot 11 -�', 29.15 __ ____ ___ __ _ _ _ ___ \.! PROPOSED EASEMENT VACATION DESCRIPTION \ \ drainage and \ utility easement (as per plot) y a7 6 �) g 163.92 N88 °49'52 "W T 37 23' '= Southeast comer of Lot 11 th line of Lot 11 1� 1 INCH = 40 FEET That part of the drainage and utility easement as dedicated on said Lot I1 lying Southeasterly of the following described line and its extensions: Commencing at the Southeast comer of said Lot 11; thence North 88 degrees 49 minutes 52 seconds West, assumed bearing along the South line of said Lot I I a distance of 37.23 to the point of beginning of the line to be described; thence North 33 degrees 59 minutes 57 seconds East a distance of 45.36 feet to a point on the East line of said Lot 11 distance of 40.15 feet North of the Southeast comer of said Lot 11 as measured along said East line and said line there terminating. EXCEPT the East 5.00 feet and the South 10.00 feet thereof. Denotes easement area to be vacated Area o` vacated easement = 251 sqft or 0.011 acres I hereby certify that this survey, plan or report was prepared by me or under my direct supervision and that I am o duly Licensed 1-j underson akanson Professional Land Surveyor under the laws of the State of Minnesota. 10/12/11 1 Charl - R. Christo herson, MN License No. 18420 Date Job No.: 371601.DWG EASEMENT VACATION EXHIBIT I , fO7' , LOWELL & CATHY REITHER -------- -� - - -- __- - - ,A 1 12 \ \ I \ \ I \ 1 1 \ \ I I I Z \\ \ I W I V , I J \ Ig �Cr I Q \\ A O I I W \ 4 51 r C o dro nags atltl Denotes easement area \ \ uhlEy eosemenl � 1\ / I t0 be vacated Southwest corner of Lot 12 \ VC \ " 1 79.00 R N88 °49'52 "W —South line of Lot 12 Area of vacated easement = 5,186 sqft or 0.122 acres PROPOSED EASEMENT VACATION DESCRIPTION That part of the drainage and utility easements as dedicated on Lot 12, Block 2, WOODLAND x ESTATES, Anoka County, Minnesota, according to the recorded plat thereof, lying Southerly of the following line and its extensions: Commencing at the Southwest corner of the said Lot 12; thence North 17 degrees 10 minutes 42 seconds West, assumed bearing along the west line of said Lot 12, a distance of 40.15 feet to the point of beginning of the line to be described; thence 1 INCH = 40 FEET North 33 degrees 59 minutes 57 seconds East a distance of 107.15 feet to the intersection with the East line of said Lot 12 and said line there terminating. EXCEPT the East and West 5.00 feet and also the South 10.00 feet thereof hereby certify that this survey, plan or report was prepared by ]�T�1 me or under my direct supervision and that I am a duly Licensed HakanSOn professional Land Surveyor under the laws of the State of Minnesota. 0/12/11 1 Anderson Charles Christoph n, MN License No. 18420 Date Job No.: 371401.DWG EASEMENT VACATION EXHIBIT ^- for — X LAWRENCE SCHROEDER ' ------------ ------------- W -' � - - - - -- - N0C -- - — - -�' " 149 w = jg.84 -- E \ ` L= - --------- - - - - -- g \ - 1 , ' 1 I � I , \ , I 1n (n rr 1 13 ° I Do I I w 1 \ W N 1 F ri I \\\ � On I, -r - : -5\ 02 f : 0. , I \ G \ i dronege and .:: \F J ,° r" I m \ Tuts tyeosement!,. ,. yet plat} — I I 1 w 1 1 1 1 1 6? %'' i 5 @� dracnage and \ \ �__avi I I utility easement 1 (as Per plat) , \ I \ Southwest corner \ of Lot 13 1 I I l I 0 Denotes easement area 58.18 ________ to be vacated N88 °49'52 °W `—seam line of Lot 13 Area of vacated easement = 5,956 sqft or 0.141 acres PROPOSED EASEMENT VACATION DESCRIPTION That part of the drainage and utility easements as dedicated on Lot 13, Block 2, WOODLAND ESTATES, Anoka County, Minnesota, according to the recorded plat thereof, described as follows: Commencing at the Southwest corner of said Lot 13; thence North 13 degrees 30 minutes 04 seconds West, assumed bearing along the West line of said Lot 13 a distance of 41.14 feet to the point of beginning of easement to be described; thence continue North 13 degrees 30 minutes 04 seconds West along the West line of said Lot 13 a distance of 91.33 1 INCH = 40 FEET feet; thence North 33 degrees 59 minutes 57 seconds East a distance of 21.90 feet; thence North 79 degrees 53 minutes 06 seconds East a distance of 61.82 feet to the East line of said Lot 13; thence South 05 degrees 44 minutes 31 seconds East along the East line of said Lot 13 a distance of 89.49 feet; thence South 64 degrees 38 minutes 53 second West a distance of 67.21 feet to the point of beginning. EXCEPT the East and West 5.00 feet thereof I hereby certify that this survey, plan or report was prepared by me or under my direct supervision and that I cm o duly Licensed - HakanSOn Professional Land Surveyor under the laws of the State of Minnesota. /� — 10,28,11 Anderson Char s R. Chri pherson, MN License No. 18420 Date Job No.: 372001.DWG EASEMENT VACATION EXHIBIT I for , r� COLLEEN KA UFENBERG PROPOSED EASEMENT VACATION DESCRIPTION That part of the drainage and utility easements as dedicated on Lot 14, Block 2, WOODLAND ESTATES, Anoka County, Minnesota according to the recorded plat thereof, described as follows: Commencing at the Southwest comer of said Lot 14; thence North 05 degrees 44 minutes 31 seconds West, assumed bearing, along the West line of said Lot 14 a distance of 70.32 feet to the point of beginning of the easement to be described; thence continue North 05 degrees 44 minutes 31 seconds West along said West line of Lot 14 a distance of 89.49 feet; thence North 48 degrees 55 minutes 24 seconds East a distance of 100.39 feet; thence North 66 degrees 02 minutes 46 seconds East a distance of 39.42 feet to the East line of said Lot 14; thence South 07 degrees 15 minutes 54 seconds West along said East line a distance of 176.12 feet; thence North 87 degrees 22 minutes 19 seconds West a distance of 80.56 feet to the point of beginning. EXCEPT the East and west 5.00 feet thereof. I hereby certify that this survey, plan or report wcs prepared by me or under my direct supervision and that I am a duly Licensed Professional Land Surveyor under the laws of the State of Minnesota. Hakanson 10/19,11 Anderson Charle . Christop erson, MN License No. 18420 Date Job No.: 371801.DWG seconds East, assumed bearing, along the East line of said Lot 15 a distance of 68.14 feet to the 1 point of beginning of the easement to be described; thence South 87 degrees 22 minutes 19 1 INCH = 40 FEET seconds East a distance of 33.74 feet; thence North 04 degrees 45 minutes 56 seconds East a distance of 105.42 feet; thence North 15 degrees 50 minutes 08 seconds West a distance of 74.01 feet to the West line of said Lot 15; thence South 07 degrees 15 minutes 54 seconds West along said West line a distance of 176.12 feet to the point of beginning. EXCEPT the West 5.00 feet thereof I hereby certify that this survey, plan or report was prepared by me or under my direct supervision and that I am a duly Licensed HakanSOn Professional Land Surveyor under the laws of the State of Minnesota. 10,12,11 Anderson Charles M. Christ erson, MN License No. 18420 Date Job No.: 371201.DWG - -- , -- - - - - - - - -- ' 149TH AVENUE N.W w o L= 129.37 -- ------------ - - - - - s 51 1 I I IS I as E I m 14 ..:. ti .... a tfIPI1VgC and w A ty- easemenf 1 .... O ii_ : ...... Mtn a- _ N` 1 is- iiii: �::.::.:1 Z \ _:: k ''m 1 INCH = 40 FEET I I�...... __ q > k q Denotes easement area ��� � �� to be vacated 1 1 1 .. .... ..........; i 'A'ii12s:19W I5 714.31 � 'i11 - 1 ' {� drainage cod 10 utility easement Area of vacated easement (as per plot) o al = 11,662 sqft or 0.271 acres 1 IN ml, South fst comer of 1 Lot 14 - 1 1 - - -- ' Southeast -- - - - - -- --- - o o comer ' i- - - - -- ' -\ of Lot 14 64.84 ---------------------------------- N88 °49'52 " W \ - Soath line of Lot 14 PROPOSED EASEMENT VACATION DESCRIPTION That part of the drainage and utility easements as dedicated on Lot 14, Block 2, WOODLAND ESTATES, Anoka County, Minnesota according to the recorded plat thereof, described as follows: Commencing at the Southwest comer of said Lot 14; thence North 05 degrees 44 minutes 31 seconds West, assumed bearing, along the West line of said Lot 14 a distance of 70.32 feet to the point of beginning of the easement to be described; thence continue North 05 degrees 44 minutes 31 seconds West along said West line of Lot 14 a distance of 89.49 feet; thence North 48 degrees 55 minutes 24 seconds East a distance of 100.39 feet; thence North 66 degrees 02 minutes 46 seconds East a distance of 39.42 feet to the East line of said Lot 14; thence South 07 degrees 15 minutes 54 seconds West along said East line a distance of 176.12 feet; thence North 87 degrees 22 minutes 19 seconds West a distance of 80.56 feet to the point of beginning. EXCEPT the East and west 5.00 feet thereof. I hereby certify that this survey, plan or report wcs prepared by me or under my direct supervision and that I am a duly Licensed Professional Land Surveyor under the laws of the State of Minnesota. Hakanson 10/19,11 Anderson Charle . Christop erson, MN License No. 18420 Date Job No.: 371801.DWG seconds East, assumed bearing, along the East line of said Lot 15 a distance of 68.14 feet to the 1 point of beginning of the easement to be described; thence South 87 degrees 22 minutes 19 1 INCH = 40 FEET seconds East a distance of 33.74 feet; thence North 04 degrees 45 minutes 56 seconds East a distance of 105.42 feet; thence North 15 degrees 50 minutes 08 seconds West a distance of 74.01 feet to the West line of said Lot 15; thence South 07 degrees 15 minutes 54 seconds West along said West line a distance of 176.12 feet to the point of beginning. EXCEPT the West 5.00 feet thereof I hereby certify that this survey, plan or report was prepared by me or under my direct supervision and that I am a duly Licensed HakanSOn Professional Land Surveyor under the laws of the State of Minnesota. 10,12,11 Anderson Charles M. Christ erson, MN License No. 18420 Date Job No.: 371201.DWG E AW H w �4O 0 oHO z U OU F O W C7 A 0.1 N 0 N P4 O z O N U W H z H O Q O O w cd VJ ° ° O a W O C 0 L:L W O y L O a ti W . m w ~ a R W G . > U s v 0 U v I 3 vi w w x r- O N R N O N U N N A N T p p � y V N A Y o , 0 O 0 . c v ou a ,0 a b y R y O k � .R. N O � � A A s o b 0 a ° O 'd U � 0 0 U U 0 0 _T _T U U U N v, m 3 3 0 0 0 0 � o C cl� CIO w w 3 3 T x Y T t O N_ O N ca a b a W ° _T U N O N x 0 b cC T N N b O r W 0 C a O U _T U 7J Q a¢ O� F L � Q 0 Wi ,D Nr U O s E"� N 04 0 O W N N b a W T T3 a CO > O W O _T U N O N N ti ou T 4J b Q W 0 W 0 O U U ° A W a O rA w x w w O h M O O� C p N 00 V �o r to p l� 00 W 00 \O V1 m C\� 7C �0 �O N 4l M h M N N N h 0 r O\ .-+ M oc 7 .--: I N I tv� x m >, T A R x n O > U k 4) y w• %cn`e �,� U U U N r N 0.O R ❑ O C7 nAU W.a F x m >, T A R x O N a 0 O O N h 0 N r N O 00 M l� l� N co U �ovvo`to, d A NGIb 7000 I w Q`. -�M� V'• n T N m ti b w "� ° v U F R ° C7 CZ W F a o w F Q Q x m >, T A R x x H D H O � W O z ¢ Q c:. O z z o F z o o U � ttl U A � O C w m O 'b _T 7 O U t W � O U cTc � F .. .O N N ti w � U w O T � N N 'b O O b � O m c 'C N a.+ O � c �3 w � k U F O T 0 0 w R. U N U _T O N U a to c y U to tC � b � � N y O W N N t3 , C O T � 'b ¢ w U o Y y cn U r to a . o b a ) O O O 0 3 w 0 Y U 0 U w U U U T U Q I ©E CO CO r vi N 0� 7 00 o o 0 o o o c- '- v � o o c a 00 N V1 O N 'C7 N M O N 01 0o O N O � N �6 O V '- M h N d M 7 0 --� �--� r+ D\ N O rl 7 Q cd 0 N � a 69 6R F z '0 z c, ci U� Q N b Q N 'Ci b G O O O ti j E w U=3 P w c W a�i CIO �, v o v > > d O d Q O d O C7 cG w v Q W Q b U N y O N O N O N N N H U P.. P4 c, 30 L C7 Q O U .a C7 F CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RESOLUTION NO. R100 -11 A RESOLUTION APPROVING A PREMISES PERMIT FOR THE ANDOVER HUSKIES YOUTH HOCKEY ASSOCIATION TO CONDUCT LAWFUL GAMBLING AT PAPPY'S CAFE, 13827 ROUND LAKE BOULEVARD NW, ANDOVER, MINNESOTA. WHEREAS, the Andover Huskies Youth Hockey Association has submitted an application to the City of Andover for a premises permit to operate lawful gambling at Pappy's Cafe, 13827 Round Lake Boulevard NW, Andover, Minnesota; and WHEREAS, per Minnesota Gambling Control requirements, a resolution must be adopted by the City Council approving said permit. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover that a premises permit for lawful gambling conducted by the Andover Huskies © Youth Hockey Association is hereby approved. Adopted by the City Council of the City of Andover this 6 day of December, 2011. CITY OF ANDOVER y y Attest: Michael R. Gama — Mayor M chelle Hartner — Deputy City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA a RES. NO. R099 -11 MOTION by Councilmember Knight to adopt the following: A RESOLUTION COMMITTING SPECIFIC REVENUE SOURCES IN SPECIAL REVENUE FUNDS. WHEREAS, the Governmental Accounting Standards Board's Statement No. 54 definition of special revenue funds states that special revenue funds are used to account for and report the proceeds of specific revenue sources that are restricted or committed to expenditures for specified purposes other than debt service or capital projects; and WHEREAS, the term "proceeds of specific revenue sources" established that one or more specific restricted or committed revenues should be the foundation for a special revenue fund and comprise a substantial portion of the fund's revenues; and WHEREAS, investment earnings and transfers from other funds do not meet the definition of a specific revenue source; and WHEREAS, council action is required to formalize the commitment of the specific revenue sources to specified purposes. NOW, THEREFORE BE IT RESOLVED by the City Council that effective December 6, 2011, the specific revenue source of each special revenue fund and the specific purposes for which they are restricted or committed are as follows: Fund Specific Revenue Sources Restricted / Committed For EDA Tax Increment Admin fee Committed for activities to promote economic development CDBG Community Development Block Restricted for Community Development Block Grants Grant programs Community Center Charges for services Committed for community center operations, maintenance, and improvements Drainage & Mapping Drainage and mapping fees Committed for the maintenance and upgrades of the City's mapping system LRRWMO Tax levy Committed for surface water management activities Forestry MN DNR grants Restricted for the preservation of forest resources programs ROW Mgmt Right of way management fees Committed for the management of public right of ways Charitable Gambling Gambling fee (10% of net profits) Restricted for lawful purposes under MS 349- 12 Gambling tax (0.1% of net receipts) Restricted for lawful gambling regulation activities Construction Seal Coat Construction seal coat fee Committed for the sealing of roadways in new developments THEREFORE, BE IT FURTHER RESOLVED that the fund balance of the EDA, Community Center, Drainage 0& Mapping, LRRWMO, ROW Mgmt, and Construction Seal Coat be committed by City Council for the specified purpose stated above. MOTION seconded by Councilmember Trude and adopted by the City Council at a regular meeting this 6` day of December 2011, with Councilmembers 0 Gamache, Bukkila and Howard voting in favor of the resolution, and Councilmembers None voting against, whereupon said resolution was declared passed. ATTEST: Mic elle Hartner - Deputy City Clerk H CITY OF ANDOVER 9 j � T hael R. Ga the - Mayor E CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 098 -11 MOTION by Councilmember Knight to adopt the following: - A RESOLUTION ORDERING PREPARATION OF A FEASIBILITY REPORT FOR THE IMPROVEMENT OF 2012 STREET RECONSTRUCTION, FOR PROJECTS 12 -02b (JOHNSON'S OAKMOUNT TERRACE) & 12 -02c (147 AVENUE NW) WHEREAS, the City Council of the City of Andover is cognizant of the need for the improvements, specifically Projects 12 -02b & 12 -02c and WHEREAS, the City Council proposes to assess the benefiting properties for all or a portion of the costs of the improvements, pursuant to Minnesota Statutes 429. that: NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover 1. The City Council is cognizant of the need for improvements. 2. The proposed improvement is hereby referred to the Director of Public Works /City Engineer and he is instructed to provide the City Council with a feasibility reports. MOTION seconded by Councilmember Trude and adopted by the City Council at a regular meeting this 6th day of December , 2011 , with Councilmembers Knight, Trude, Gamache, Bukkila. Howard voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: /� `�.✓ _ M' ael R. Gamache - Mayor i H Mi helle Hartner— Deputy City Clerk F] CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 097 -11 MOTION by Councilmember Knight to adopt the following: A_RESOLUTION ORDERING PREPARATION OF A FEASIBILITY REPORT FOR THE IMPROVEMENT OF 2012 STREET RECONSTRUCTION FOR PROJECT 12 -02a (IVYWOOD ESTATES) WHEREAS, the City Council of the City of Andover is cognizant of the need for the improvements, specifically Project 12 -02a and WHEREAS, the City Council proposes to assess the benefiting properties for all or a portion of the costs of the improvements, pursuant to Minnesota Statutes 429. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover that: 1. The City Council is cognizant of the need for improvements. E 2. The proposed improvement is hereby referred to the Director of Public Works /City Engineer and he is instructed to provide the City Council with a feasibility reports. MOTION seconded by Councilmember Trude and adopted by the City Council at a regular meeting this 6 th day of December 2011 , with Councilmembers Knight, Trude Gamache Bukkila Howard voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: ' lit Mic elle Hartner— Deputy City Clerk Mi ael R. Gamache - Mayor r HA CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 096 -11 MOTION by Councilmember Knight to adopt the following: A RESOLUTION ORDERING PREPARATION OF A FEASIBILITY REPORTS FOR THE IMPROVEMENT OF PROJECT NO. 11-40,133 RD AVENUE NW RECONSTRUCTION WHEREAS, the City Council of the City of Andover is cognizant of the need for the improvements, specifically Project 11 -40 and WHEREAS, the City Council proposes to assess the benefiting properties for all or a portion of the costs of the improvements, pursuant to Minnesota Statutes 429. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover that: 1. The City Council is cognizant of the need for improvements. 2. The proposed improvement is hereby referred to the Director of Public Works /City Engineer and he is instructed to provide the City Council with a feasibility report. a MOTION seconded by Councilmember Trude and adopted by the City Council at a regular meeting this 6 day of December 2011 , with Councilmembers Knight, Trude, Gamache, Bukkila. Howard voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: chael R. mache - Mayor '&' CCO'1L�V� Michelle Hartner— Deputy City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 095 -11 MOTION by Councilmember Knight to adopt the following: A RESOLUTION - ORDERING PREPARATION - OF A FEASIBILITY REPORT FOR THE IMPROVEMENT OF PROJECT NO. 11 -10, SOUTH CCON CREEK DRIVE NW RECONSTRUCTION WHEREAS, the City Council of the City of Andover is cognizant of the need for the improvements, specifically Project 11 -10 and WHEREAS, the City Council proposes to assess the benefiting properties for all or a portion of the costs of the improvements, pursuant to Minnesota Statutes 429. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover that: 1. The City Council is cognizant of the need for improvements. 2. The proposed improvement is hereby referred to the Director of Public Works /City Engineer and he is instructed to provide the City Council with a feasibility reports. MOTION seconded by Councilmember Trude and adopted by the City Council at a regular meeting this 6 th day of December 2011 , with Councilmembers Knight, Trude, Gamache, Bukkila, Howard voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: MI h ache - Mayor Mi helle Hartner — Deputy City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA ® RES. NO. 094 -11 MOTION by Councilmember Knight to adopt the following: A RESOLUTION DECLARING COSTS AND DIRECTING PREPARATION OF THE ASSESSMENT ROLL FOR THE IMPROVEMENT OF PROJECT NO. 11 -24, BUTTERNUT STREET NW, 173 AVENUE NW & FLINTWOOD STREET NW STREET IMPROVEMENTS THE CITY COUNCIL OF THE CITY OF ANDOVER HEREBY RESOLVES: WHEREAS, the final construction costs for the improvement amount to $ 218.676.60 , the expenses incurred or to be incurred in the making of such improvement amount to $ 55,036.96 so that the total project costs of the improvement are $ 273.713.56 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 $ 137.704.12 , and the amount to be assessed against benefited property owners is declared to be $ 136.009.44 2. Assessments shall be payable in equal annual installments extending over a period of 10 years. The first of the installments to be payable on or before the 1 st Monday in January 2013 and shall bear interest at the rate of 4.5 percent per annum from the date of the adoption of the assessment resolution. 3. The City Clerk, with the assistance of the City Engineer shall forthwith calculate the proper amount to be specially assessed for such improvement against every assessable lot, piece or parcel of land within the district affected, without regard to cash valuation, as provided by law, and she shall file a copy of such proposed assessment in her office for public inspection. 4. The Clerk shall, upon the completion of such proposed assessment, notify the Council thereof. MOTION seconded by Councilmember Trude and adopted by the City Council at a regular meeting this 6 th day of December , 2011 with Councilmembers Knight, Trude, Gamache, Bukkila. Howard voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: M' hael R. Gamache - Mayor Michelle Hartner— Deputy City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 093 -11 MOTION by Councilmember Knight to adopt the following: A RESOLUTION DECLARING COSTS AND DIRECTING PREPARATION OF THE - ASSESSMENT ROLL FOR THE IMPROVEMENT OF PROJECT NO. 11 -02a, FLINTWOOD STREET NW THE CITY COUNCIL OF THE CITY OF ANDOVER HEREBY RESOLVES: WHEREAS, the final construction costs for the improvement amount to $ 81.293.80 , the expenses incurred or to be incurred in the making of such improvement amount to $ 22.087.68 so that the total project costs of the improvement are $ 103.381.48 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 $ 79,232.68 , and the amount to be assessed against benefited property owners is declared to be $ 24,148.80 2. Assessments shall be payable in equal annual installments extending over a period of 10 years. The first of the installments to be payable on or before the 1 st Monday in January 2013 and shall bear interest at the rate of 4.5 percent per annum from the date of the adoption of the assessment resolution. 3. The City Clerk, with the assistance of the City Engineer shall forthwith calculate the proper amount to be specially assessed for such improvement against every assessable lot, piece or parcel of land within the district affected, without regard to cash valuation, as provided by law, and she shall file a copy of such proposed assessment in her office for public inspection. 4. The Clerk shall, upon the completion of such proposed assessment, notify the Council thereof. MOTION seconded by Councilmember Trude and adopted by the City Council at a regular meeting this 6th day of December , 2011 with Councilmembers Knight, Trude, Gamache Bukkila Howard voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: Miefiael R. Gamache - Mayor *Uihle 4aOD eputy C ity Clerk S CArl 0 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R092 -11 A RESOLUTION APPROVING A VARIANCE TO SIDE YARD SETBACK REQUIREMENTS OF CITY CODE 12 -3 -5 FOR HOUSE ADDITION AT 2067 142ND AVENUE NW, LEGALLY DESCRIBED AS LOT 3, BLOCK 1, KENSINGTON ESTATES 6TH ADDITION (PID #27- 32 -24 -34 -0075) WHEREAS, the Planning Commission has held a public hearing and reviewed the request to vary from City Code 12 -3 -5 to allow an addition to the existing house that would be less than the required ten feet from the side property line, and; WHEREAS, the City Council acknowledges receiving the Planning Commission's recommendation of denial of the variance, and; WHEREAS, the City Council finds the variance sought is consistent with the purposes and intent of the official controls and Comprehensive Plan of the City because the variance sought is minimal and adequate space will be maintained between adjacent houses, and; [Andover Code 12 -14 -7 B.1] WHEREAS, the City Council finds the property owner intends to use the property in a reasonable manner because adding an addition to a house is a reasonable use of a residential property; and, [12 -14 -7 B.2.a.] WHEREAS, the City Council finds there are circumstances unique to the property because the addition of a sunroom with many glass windows is most appropriately installed where it will receive solar heat and light, and it is planned for a place where the expansion to the house floor plan can reasonably occur, and; [12 -14 -7 B.2.b] WHEREAS, the City Council finds that granting a minimal variance to a side yard setback will enhance and improve the locale because the addition will add value to the neighborhood as an attractive house upgrade improving the home's appearance, function and livability in this climate; [12 -14 -7 B.2.c] NOW THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover grants a variance to the side yard setback requirements of City Code 12 -3 -5, to allow construction of the proposed sunroom addition to the existing house at 2067 142nd Avenue Northwest, based upon the findings in this Resolution. Adopted by the City Council of the City of Andover on this 15th day of November, 2011. CITY OF ANDOVER ATTEST: %dl Michelle Hartner, City Clerk a ich el R. G` mache, Mayor CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R091 -11 A RESOLUTION DENYING A VARIANCE TO THE ACCESSORY STRUCTURE SETBACK REQUIREMENTS OF CITY CODE 12 -6 -5 FOR PROPERTY LOCATED AT 2102 —142 LANE NW LEGALLY DESCRIBED AS LOT 8, BLOCK 2, KENSINGTON ESTATES 3 RD ADDITION, ANOKA COUNTY, MINNESOTA WHEREAS, the Planning Commission has held a public hearing and reviewed the request to vary from City Code 12 -6 -5 to allow an existing accessory structure to remain located in the side and rear utility and drainage easements, and; WHEREAS, the City Council has received the recommendation of the Planning Commission, and; WHEREAS, the City Council finds the request is not in harmony with the purposes and intent of the ordinance, which is to keep easements free from development to better accommodate future utility and drainage needs of the City, because the accessory structure encroaches into the drainage and utility easement; and © WHEREAS, the City Council finds the request is not consistent with the Comprehensive Plan because it is in conflict with the ordinance which establishes minimum setbacks and locations of accessory structures; and WHEREAS, although the City Council finds that an accessory structure is a reasonable use of a residential property, in this case, the property owner's intended use of the property, as requested, is not reasonable as there exists alternative locations within the property to place the accessory structure so that it would be in compliance with City Code; and WHEREAS, the City Council finds there are not circumstances unique to the property that were not created by the landowner because there is ample room in the rear yard where the accessory structure could be located that would be in compliance with City Code; and WHEREAS, the City Council finds the variance will maintain the essential character of the locality because of its location in the rear yard; and NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover denies the proposed variance request to allow an accessory structure to remain located in side and rear utility and drainage easements and less than 5 feet from the side property line and 10 feet from the rear property line based upon the findings in this resolution. © Adopted by the City Council of the City of Andover on this 15th day of November, 2011. x XJ CITY OF ANDOVER ATTEST: Michelle Hartner, Deputy City Clerk icha 1 R. Gad ache, Mayor u E CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RESOLUTION NO. R090 -11 A RESOLUTION REQUESTING NO CHANGE IN FISCAL DISPARITIES WHEREAS, the State of Minnesota adopted Minnesota Statute Section 473F – a system designed to share tax resources in the metropolitan area known as fiscal disparities; and, WHEREAS, the idea of tax -base sharing is to narrow the gap between communities with a strong and growing commercial - industrial tax base and communities with small or stagnated commercial- industrial tax base. To lessen the difference between these "haves" and "have - nots," the law requires that 40 percent of new commercial - industrial tax base be put back into the metropolitan pool and apportioned back to communities according to their population and overall tax base; and, WHEREAS, tax base sharing makes sense because communities in the Twin Cities area are interdependent parts of a single economic entity. One city might provide a family with a place to live, another a place to work, another a place to attend school, another a place to shop, another a place to generate electricity to light their home, and another location to handle waste products; and, WHEREAS, the Minnesota fiscal disparities tax sharing system is working and is making progress towards its objective; and, WHEREAS, tax base sharing results in spreading the benefits of regional centers and facilities to communities that do not have them but whose taxpayers support them, either through sales or income taxes. Further, fiscal disparities helps promote orderly growth in the entire metropolitan area; and, WHEREAS, fiscal disparities is an integral part of the metropolitan area's property tax system, and is a fundamental benefit to the entire metropolitan area because it recognizes that communities are an interdependent economic unit – as shown by the recent formulation of the economic development organization called "Greater MSP ": NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Andover respectfully requests the Governor and the Minnesota Legislature to support continuation of the current Fiscal Disparities Law. L —J © Adopted by the City Council of the City of Andover this 15' day of November 2011. CITY OF ANDOVER f` Attest: 'chael R. Gamac re— Mayor AlLhelle Hartner — Deputy City Clerk H CITY OF ANDOVER COUNTY OF ANOKA © STATE OF MINNESOTA RES. NO. 089 -11 MOTION by Councilmember Knight to adopt the following: A RESOLUTION ADOPTING THE ASSESSMENT ROLL FOR THE IMPROVEMENT OF PROJECT NO. 10 -30, CROSSTOWN DRIVE NW RECONSTRUCTIONN . WHEREAS, pursuant to proper notice duly given as required by law, the City Council has met and heard and passed upon all objections to the proposed assessment for the improvements. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF ANDOVER, MINNESOTA: 1. Such proposed assessment, a copy of which is attached hereto and made part hereof, is hereby accepted and shall constitute the special assessment against the lands named therein, and each tract of land therein included is hereby found to be benefited by the proposed improvement in the amount equal to or greater than the assessment levied against it. 2. Such assessment shall be payable in equal annual installments, extending over a period of 10 years, the first of the installments to be payable on or before the first Monday in January, 2012 and shall bear interest at a rate of 4_5 percent per annum from the date of the adoption of this assessment resolution. 3. The owners of any property so assessed may, at any time prior to certification of the assessment to the County Auditor, pay the whole of the assessment on such property with interest accrued to the date of payment to the City Treasurer. MOTION seconded by Councilmember Bukkila and adopted by the City Council at a regular meeting this 1s day of November 2011 , with Councilmembers Knight, Bukkila, Gamache, Trude, Howard voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: Miefiael R. Gamache - Mayor Mi helle Hartner— Deputy City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R088 -11 A RESOLUTION ADOPTING THE ASSESSMENT ROLL FOR THE CERTIFICATION OF DELINQUENT SEWER, WATER, STORM SEWER, STREET LIGHTING CHARGES, FALSE ALARM FINES, TREE REMOVAL, MOWING FEES AND /OR MISCELLANEOUS ABATEMENT FEES. WHEREAS, pursuant to a proper notice duly given as required by law, the council has met, heard and passed upon all objections to the proposed assessment for the delinquent sewer, water, storm sewer, street lighting charges, false alarm fines, tree removal, mowing fees and/or miscellaneous abatement fees. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF ANDOVER, MINNESOTA: 1. Such proposed assessment, a copy of which is attached hereto and made part hereof, is 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, 2012 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 amount of the assessment on such property with interest accrued to the date of payment, except that no interest shall be charged if the entire assessment is paid by November 11, 2010. Adopted by the City Council of the City of Andover on this 1 st day of November, 2011. ATTEST: Mi� Hartner — Deputy City Clerk CITY OF ANDOVER iael R. Gamache, Mayor CITY OF ANDOVER COUNTY OFANOKA © STATE OF MINNESOTA RES. NO. R087 -11 MOTION by Councilmember Trude to adopt the following: A RESOLUTION AUTHORIZING THE CITY OF ANDOVER TO PARTICIPATE IN THE MULTI- JURISDICTIONAL ANOKA COUNTY HAZARD MITIGATION PLAN WHEREAS, on December 19,2006, the Andover City Council adopted the Anoka County Multi- Jurisdictional Hazard Mitigation Plan completed on November 28, 2006; and, WHEREAS, FEMA formally approved the Anoka County Hazard Mitigation Plan in 2007 and requires the plan to be reviewed and updated every five years; and, WHEREAS, the current plan is up for review and re- approval by FEMA in 2012; and, WHEREAS, participation in the All- Hazard Mitigation Plan is required for the community to receive Federal disaster assistance; and, WHEREAS, approval of the All-Hazard Mitigation plan will make the County eligible to receive Hazard Mitigation Grant Program (HMGP) project grants, including potentially some projects benefitting the City of Andover and it's residents. © NOW THEREFORE, BE IT RESOLVED by the City Council that as a potential participant in the Hazard Mitigation Assistance Program, the City of Andover, Minnesota hereby states their interest in participating in the multi - jurisdictional All Hazard Mitigation Plan by identifying hazards and prioritizing potential projects to mitigate the effects of natural hazards; and, BE IT FURTHER RESOLVED that after FEMA funding approval and during the plan implementation, the City of Andover, Minnesota agrees to participate in the hazard mitigation planning process. BE IT FURTHER RESOLVED that as signed, the City understands this is a voluntary program and our participation may benefit ourjurisdiction by identifying hazards and prioritizing projects to mitigate the effects of natural hazards. MOTION seconded by Councilmember Knight and adopted by the City Council at the regular meeting this 1�` day of November, 2011 with Councilmembers Gamache, Bukkila, Howard voting in favor of the resolution, and Councilmembers None voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: Mi elle Hartner, Deputy City Clerk M' ael R. Gamache - Mayor CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA © RES. NO. 086 -11 MOTION by Councilmember Trude to adopt the following: WHEREAS, the Municipality ofAndover is planning to implement Municipal State Aid Street Project(s) in 2012 which will require State Aid funds in excess of those available in its State Aid Construction Account, and WHEREAS, said municipality is prepared to proceed with the construction of said project(s) through the use of an advance from the Municipal State Aid Street Fund to supplement the available funds in their State Aid Construction Account, and WHEREAS, the advance is based on the following determination of estimated expenditures: Account Balance as of date 11 -1 -2011 $ 1,431.27 Less estimated disbursements: Project# 198 - 108 -084 $ 1,650,000.00 Project # 198-020-031 $ 250,000.00 # 198 - 020 -032 Project# 198 - 020 -030 $ 275,000.00 Project# 198 - 120 -002 $ 270,000.00 Bond Principle (end of 2011) $ 740,000.00 Advance Amount (amount in excess of acct balance) $ 2,885,000.00 Q WHEREAS, repayment of the funds so advanced will be made in accordance with the provisions of Minnesota Statutes 162.14, Subd. 6 and Minnesota Rules, Chapter 8820.1500, Subp. 10b, and WHEREAS, the Municipality acknowledges advance funds are released on a first - come - first -serve basis and this resolution does not guarantee the availability of funds. NOW, THEREFORE, Be It Resolved: That the Commissioner of Transportation be and is hereby requested to approve this advance for financing approved Municipal State Aid Street Project(s) of the Municipality of Andover in an amount up to $ 2,885,000.00. 1 hereby authorize repayments from subsequent accruals to the Municipal State Aid Street Construction Account of said Municipality from future year allocations until fully repaid. I HEREBY CERTIFY that the above is a true and correct copy of a resolution presented to and adopted by the Municipality of Andover, County of Anoka, State of Minnesota, at a duly authorized Municipal Council Meeting held in the Municipality of Andover, Minnesota on the 1St day of November, 2011, as disclosed by the records of said Municipality on file and of record in the office. MOTION seconded by Councilmember Knight and adopted by the City Council at a regular meeting this 1 day of November , 2011 , with Councilmembers Trude, Knight Gamache, Bukkila. Howard voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER © ATTEST:. r D� D� ichael R. Gamache - Mayor Michelle Hartner— C Deputy City Clerk © CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R085 -11 MOTION by Councilmember Trude to adopt the following: A RESOLUTION ACCEPTING A CONTRIBUTION MADE TO THE CITY OF ANDOVER TO BE USED TOWARDS THE ANDOVER DOG PARK. 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 Sweet Toppings LLC of $25 is to be used towards the Andover Dog Park. NOW, THEREFORE BE IT RESOLVED by the City Council to hereby accept the contribution, which is to be used towards the Andover Dog Park. MOTION seconded by Councilmember Knight and adopted by the City © Council at a regular meeting this 1st day of November 2011, with Councilmembers Gamache, Bukkila, Howard voting in favor of the resolution, and Councilmembers None voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: '� hael R. Gamache - Mayor Mic elle Hartner - Deputy City Clerk H CITY OF ANDOVER © COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R084 -11 MOTION by Councilmember Bukkila 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. © 2. Budgetary 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. Filing 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 Howard and adopted by the City Council of the City of Andover on this 1 e day of October 2011 with Councilmembers Gamache, Knight, Trude voting in © favor of the resolution, and Councilmembers None voting against, whereupon said resolution was passed. c CITY OF ANDOVER ATTEST: ichael R. amache - Mayor Mic elle Hartner — Deputy City Clerk 1401 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA © RES. NO R083 -11 A RESOLUTION ADOPTING THE CITY OF ANDOVER 2012 - 2016 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 2012 - 2016 City of Andover Capital Improvement Plan. Adopted by the City of Andover this 18th day of October 2011. CITY OF ANDOVER M' iael R. Gamache - Mayor 1. 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. R083 -11 adopting the City of Andover 2012 - 2016 Capital Improvement Plan with the original record thereof preserved in my office, and have found the same to be true and correct transcript of the whole thereof. IN TESTIMONY WHEREOF, I have hereunto subscribed my hand this 18th H x CITY OF ANDOVER COUNTY OF ANOKA © STATE OF MINNESOTA RES. NO. 082 -11 MOTION by Councilmember Trude to adopt the following: A RESOLUTION ADOPTING THE ASSESSMENT ROLL FOR THE IMPROVEMENT OF PROJECT NO. 11 -2D EAST BROOK TERRACE /AUDITOR'S SUBDIVISION NO. 137 2011 STREET RECONSTRUCTION . WHEREAS, pursuant to proper notice duly given as required by law, the City Council has met and heard and passed upon all objections to the proposed assessment for the improvements. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF ANDOVER, MINNESOTA: 1. Such proposed assessment, a copy of which is attached hereto and made part hereof, is hereby accepted and shall constitute the special assessment against the lands named therein, and each tract of land therein included is hereby found to be benefited by the proposed improvement in the amount equal to or greater than the assessment levied against it. 2. Such assessment shall be payable in equal annual installments, extending over a © period of 10 years, the first of the installments to be payable on or before the first Monday in January, 2012 and shall bear interest at a rate of 4_5 percent per annum from the date of the adoption of this assessment resolution. 3. The owners of any property so assessed may, at any time prior to certification of the assessment to the County Auditor, pay the whole of the assessment on such property with interest accrued to the date of payment to the City Treasurer. MOTION seconded by Councilmember Bukkila and adopted by the City Council at a regular meeting this 18 day of October , 2011 , with Councilmembers Trude, Bukkila, Gamache, Knight, Howard voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: ichael R. Gamache - Mayor Michelle Hartner— Deputy City Clerk CITY OF ANDOVER COUNTY OF ANOKA © STATE OF MINNESOTA RES. NO. 081 -11 MOTION by Councilmember. Trude to adopt the following: A RESOLUTION ADOPTING THE ASSESSMENT ROLL FOR THE IMPROVEMENT OF PROJECT NO. 11 -2C ROLLING FOREST , 2011 STREET RECONSTRUCTION . WHEREAS, pursuant to proper notice duly given as required by law, the City Council has met and heard and passed upon all objections to the proposed assessment for the improvements. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF ANDOVER, MINNESOTA: 1. Such proposed assessment, a copy of which is attached hereto and made part hereof, is hereby accepted and shall constitute the special assessment against the lands named therein, and each tract of land therein included is hereby found to be benefited by the proposed improvement in the amount equal to or greater than the assessment levied against it. 2. Such assessment shall be payable in equal annual installments, extending over a period of 10 years, the first of the installments to be payable on or before the first Monday in January, 2012 and shall bear interest at a rate of 4_5 percent per annum from the date of the adoption of this assessment resolution. 3. The owners of any property so assessed may, at any time prior to certification of the assessment to the County Auditor, pay the whole of the assessment on such property with interest accrued to the date of payment to the City Treasurer. MOTION seconded by Councilmember Bukkila and adopted by the City Council at a regular meeting this 18 day of October , 2011 , with Councilmembers Trude Bukkila Gamache Knight Howard voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: M, ael R. Gam e - Mayor ® Michelle Hartner— Deputy City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 080 -11 MOTION by Councilmember Knight to adopt the following: A RESOLUTION ADOPTING THE ASSESSMENT ROLL FOR THE IMPROVEMENT OF PROJECT NO. 11 -213 GENTHON PONDS 2011 STREET RECONSTRUCTION . WHEREAS, pursuant to proper notice duly given as required by law, the City Council has met and heard and passed upon all objections to the proposed assessment for the improvements. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF ANDOVER, MINNESOTA: 1. Such proposed assessment, a copy of which is attached hereto and made part hereof, is hereby accepted and shall constitute the special assessment against the lands named therein, and each tract of land therein included is hereby found to be benefited by the proposed improvement in the amount equal to or greater than the assessment levied against it. 2. Such assessment shall be payable in equal annual installments, extending over a period of 10 years, the first of the installments to be payable on or before the first © Monday in January, 2012 and shall bear interest at a rate of 4_5 percent per annum from the date of the adoption of this assessment resolution. 3. The owners of any property so assessed may, at any time prior to certification of the assessment to the County Auditor, pay the whole of the assessment on such property with interest accrued to the date of payment to the City Treasurer. MOTION seconded by Councilmember Bukkila and adopted by the City Council at a regular meeting this 18 day of October , 2011 , with Councilmembers Knight, Bukkila, Gamache, Trude, Howard voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: chael R. amache - Mayor A , l C tam u Mi helle Hartner — Deputy City Clerk © CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R079 -11 MOTION by Councilmember Knight to adopt the following: A RESOLUTION ACCEPTING A CONTRIBUTION MADE TO THE CITY OF ANDOVER TO BE USED TOWARDS THE HICKORY MEADOWS PARK. WHEREAS, any contributions that are to be made to the City of Andover must be accepted by the City Council; and WHEREAS, the contributions from numerous individuals and businesses of $2,200 are to be used towards the Hickory Meadows Park. NOW, THEREFORE BE IT RESOLVED by the City Council to hereby accept the contribution, which is to be used towards the Hickory Meadows Park. MOTION seconded by Councilmember. Bukkila and adopted by the © City Council at a regular meeting this 18th day of October 2011, with Councilmembers Gamache, Howard, Trude voting in favor of the resolution, and Councilmembers None voting against, whereupon said resolution was declared passed. ATTEST: Mic elle Hartner - Deputy City Clerk CITY OF ANDOVER 'chael R. Ga ache - Mayor x CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA © RES. NO. R078 -11 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, MOWING FEES, TREE REMOVAL, FALSE ALARM FINES AND MISCELLANEOUS ABATEMENT FEES THE CITY COUNCIL OF THE CITY OF ANDOVER HEREBY RESOLVES: WHEREAS, delinquent utility service charges, mowing fees, tree removal, false alarm fines and miscellaneous abatement fees in the amount of $53,964.08 exist as of September 22, 2011; and WHEREAS, City Code Chapter 3, 10 -3 -31); City Code Chapter 1, 10 -1 -9F; and City Code Chapter 5, 8 -5 -31) provide for the collection by assessment of unpaid water, sewer, storm sewer, street light service charges, mowing fees, tree removal, false alarm fines and miscellaneous abatement fees respectively. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF ANDOVER, MINNESOTA: 1. The amount of the cost to be assessed against benefited property owners is declared to © be $53,964.08 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 2012, 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, 2011 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. E AR H MOTION seconded by Councilmember Knight and adopted by the City Council at a regular meeting this 4th day of October, 2011, with Councilmembers Gamache, Bukkila, Howard voting in favor of the resolution, and Councilmembers None voting against, whereupon said resolution was declared passed. ATTEST: � l Michelle er — Deputy City Clerk CITY OF ANDOVER chael R. Gamache - Mayor U CITY OF ANDOVER Q COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R077 -11 A RESOLUTION REQUESTING WITHOLDING FROM SALE OR LEASE TO OTHERS OF TAX FORFEITED PROPERTY (PID# 23- 32 -24 -12 -0049) LEGALLY DESCRIBED AS OUTLOT A, SOPHIES MANOR, ANOKA COUNTY, MINNESOTA WHEREAS, Minnesota Statute 282.01 requires a written request from a governmental subdivision of the state to withhold a parcel of unsold tax- forfeited land from sale or lease to others; and WHEREAS, the city is interested in acquiring the subject property for the public purpose of storm water drainage as provided by Minnesota Statute 282.01; and NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby requests that PID# 23- 32 -24 -12 -0049 be withheld from sale or lease to others to facilitate the acquisition of the property by the City of Andover. © Adopted by the City Council of the City of Andover on this 4 day of October, 2011. CITY OF ANDOVER ATTEST: ichael R. amache, Mayor A L i hele Hartner, Deputy Ci yt Clerk H CITY OF ANDOVER COUNTY OF ANOKA © STATE OF MINNESOTA RES. NO. 074r -11 MOTION by Councilmember Trude to adopt the following: A RESOLUTION FOR PUBLIC HEARING ON PROPOSED ASSESSMENT FOR PROJECT NO. 10 -30, CROSSTOWN DRIVE NW RECONSTRUCTION . WHEREAS, by a resolution passed by the City Council on September 20, 2011 the City Clerk was directed to prepare a proposed assessment of the cost of the improvement for Project No. 10 -30 . 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 1st day of November , 2011 , in the City Hall at 7:00 PM to pass upon such proposed assessment and at such time and place all persons owning property affected by such improvements will be given an © opportunity to be heard with reference to such assessment. 2. The City Clerk is hereby directed to cause a notice of the hearing on the proposed assessment to be published once in the official newspaper at least two weeks prior to the hearing, and she shall state in the notice the total cost of improvement. She shall also cause mailed notice to be given to the owner of each parcel described in the assessment roll not less than two weeks prior to the hearings. MOTION seconded by Councilmember Knight and adopted by the City Council at a regular meeting this 4 day of October , 2011 , with Councilmembers Trude, Knight, Gamache, Bukkila, Howard voting in favor of the resolution, and Councilmembers against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: / l 'chael R. Gamac e - Mayor Mi6helle Hartner — Deputy City Clerk voting CITY OF ANDOVER © COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R075 -11 A RESOLUTION APPROVING CONDITIONAL USE PERMIT FOR OUTDOOR STORAGE AND INTERIM PERFORMANCE STANDARDS ON PROPERTY LOCATED AT 3160 162 LANE NW LEGALLY DESCRIBED AS FOLLOWS: The West 250 feet of the South 233 feet of the North 1984.99 feet of the West Half of the Northwest Quarter of Section 16, Township 32, Range 24, Anoka County, Minnesota. WHEREAS, the applicant has requested approval of a conditional use permit for outdoor storage and interim performance standards on the subject property; and WHEREAS, the Planning Commission finds the request would not have a detrimental effect upon the health, safety, and general welfare of the City of Andover; and WHEREAS, the Planning Commission recommends to the City Council approval of the conditional use permit; and NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover has © received the recommendation of the Planning Commission and the conditional use permit for outdoor storage and interim performance standards subject to the following conditions: 1. The applicant shall complete the commercial site plan process and comply with review comments provided by the City of Andover except for the interim performance standards approved with this resolution as follows: a. Concrete curb and gutter shall not be required. b. Outdoor storage shall be limited to the fenced area near the southeast corner of the site shown on the site plan stamped received by the city of Andover August 31, 2011. This area of the site shall be allowed to be surfaced with recycled bituminous asphalt. c. Screening of the outside storage area shall be provided by a chain link fence with slats that are similar in color to the proposed building and additional landscaping as approved by the Andover Review Committee (ARC) following the Council meeting of September 20, 2011. All dumpsters shall be similarly screened. d. The landscaping shall be installed and maintained as approved by ARC during the term of the CUP. Adopted by the City Council of the City of Andover on this 20th day of September, 2011. CITY OF ANDOVER H TEST: P W l Mi helle Harmer, Deputy City Clerk Y icha'el. R. 6adache, Mayor © CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R074 -11 A RESOLUTION APPROVING THE CONDITIONAL USE PERMIT REQUEST OF TIME TO THRIFT FOR OUTDOOR DISPLAY, STORAGE, AND SALES — DURING OPERATING HOURS ONLY ON PROPERTY LEGALLY DESCRIBED AS: Lot 1, Block 1 Andover Center, Anoka County, Minnesota WHEREAS, Time to Thrift has requested a Conditional Use Permit for outdoor display, storage, and sales — during operating business hours only, 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 of the City of Andover has ® received the recommendation of the Planning and Zoning Commission and approves the Conditional Use Permit for outdoor display, storage, and sales on said property with the following conditions: 1. Limited to two areas that occupy the first three feet of sidewalk adjacent to the front of the leased space, each of which shall not exceed eight feet in width as measured along the front of the leased space and not to obstruct the front entrance. 2. During operating hours only. 3. Only non - combustible items shall be displayed outdoors. 4. Merchandise displayed is limited to boutique merchandise and home furnishing owned by the current tenant. 5. The conditional use permit may be reviewed annually and additional restrictions may be imposed. 6. The applicant must comply with all applicable city ordinances and state laws. Adopted by the City Council of the City of Andover on this 20 day of September, 2011. CITY OF ANDOVER 'd w„ ATTEST: 1&hael R. Gamache, Mayor i,belle Hartner, City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA © RES. NO. 073-11 MOTION by Councilmember Bukkila to adopt the following: A RESOLUTION DECLARING COSTS AND DIRECTING PREPARATION OF THE ASSESSMENT ROLL FOR THE IMPROVEMENT OF PROJECT NO. 10 -30 CROSSTOWN DRIVE NW RECONSTRUCTION THE CITY COUNCIL OF THE CITY OF ANDOVER HEREBY RESOLVES: WHEREAS, the final construction costs for the improvement amount to $235,391.11 the expenses incurred or to be incurred in the making of such improvement amount to $88,772.59 so that the total project costs of the improvement are $324,163.70 1. NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Andover, MN: The portion of the cost of such improvement to be paid by the City is hereby declared to be $287,942.69 , and the amount to be assessed against benefited property owners is declared to be $36,221.01 2. Assessments shall be payable in equal annual installments extending over a period of 10 years. The first of the installments to be payable on or before the 1st Monday in January 2012 and shall bear interest at the rate of 4.5 percent per © annum from the date of the adoption of the assessment resolution. 3. The City Clerk, with the assistance of the City Engineer shall forthwith calculate the proper amount to be specially assessed for such improvement against every assessable lot, piece or parcel of land within the district affected, without regard to cash valuation, as provided by law, and she shall file a copy of such proposed assessment in her office for public inspection. 4. The Clerk shall, upon the completion of such proposed assessment, notify the Council thereof. MOTION seconded by Councilmember Trude and adopted by the City Council at a regular meeting this 20 day of September , 2011 with Councilmembers Bukkila, Trude, Knight, Gamache voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: ael`R. G na e - Mayor © , Mi helle Hartner — Deputy City Clerk x H CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 072 -11 MOTION by Councilmember Bukkila to adopt the following: A RESOLUTION FOR PUBLIC HEARING ON PROPOSED ASSESSMENT FOR PROJECT NOS. 11 -213 GENTHON PONDS, 11 -2C ROLLING FOREST & 11 -21D EAST BROOK TERRACE / AUDITOR'S SUBDIVISION NO. 137 2011 STREET RECONSTRUCTION . WHEREAS, by a resolution passed by the City Council on September 6, 2011 the City Clerk was directed to prepare a proposed assessment of the cost of the improvement for Project Nos. 11-2b,11-2c&11-2d . 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 18 day of October , 2011 , in the City Hall at 7:00 PM to pass upon such proposed assessment and at such time and place all persons owning property affected by such improvements will be given an opportunity to be heard with reference to such assessment. 2. The City Clerk is hereby directed to cause a notice of the hearing on the proposed assessment to be published once in the official newspaper at least two weeks prior to the hearing, and she shall state in the notice the total cost of improvement. She shall also cause mailed notice to be given to the owner of each parcel described in the assessment roll not less than two weeks prior to the hearings. MOTION seconded by Councilmember Trude and adopted by the City Council at a regular meeting this 20 day of September , 2011 , with Councilmembers Bukkila, Trude, Knight, Gamache voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. ATTEST: t � Whelle Hartner — Deputy City Clerk CITY OF ANDOVER hael R. Ga nh&e - Mayor CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA 0 RES. NO. R071 -11 A RESOLUTION UPDATING CERTIFIED BONDED INDEBTEDNESS FOR 2012. WHEREAS, the preparation and adoption of budgets is recognized as sound financial practice; and WHEREAS, the City of Andover has the responsibility to appropriately and efficiently manage the public's funds; and WHEREAS, the City of Andover has determined that it is prudent to update certified bonded indebtedness levies for 2012; and WHEREAS, the Anoka County Property Records and Taxation Division is requiring a City Council resolution updating bonded indebtedness levies that would have been certified to Anoka County as part of prior year bond sales. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Andover hereby updates all or a portion of previously certified bonded indebtedness levies for 2012 as listed on Attachment A. Adopted by the City of Andover this 6th day of September 2011. CITY OF ANDOVER MKhael R. Ga the - Mayor STATE OF MINNESOTA) OF OUNTY OF ANOKA 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. WWI adopting the City of Andover updates of all or a portion of previously certified bonded indebtedness levies for 2012 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 Attachment A CITY OF ANDOVER 2012 Proposed Levy Certification Debt Changes County Levy City Levy Levy GENERAL OBLIGATION DEBT Scheduled Scheduled Changes, Variance Explanation 56 2004A GO Capital Improvement Bonds 58 2005A GO Improvement Bonds 67B 2009A GO Open Space Bonds 68 2011 A GO Equipment Certificate 2004 EDA Public Facility Lease Rev GO Equipment Certificate Total LWI 416,100 405,292 10,808 Meet bona fide debt service requirements 576,700 - 576,700 Paid for by assessments 182,558 182,558 0 Reduced because of prior years levies 102,107 102,017 90 Meet bona fide debt service requirements - 1,092,684 (1,092,684) Lease revenue payment per pledge agreement - 125,000 (125,000) New issuance $ 1,277,465 $ 1,907,551 $ (630,086) x CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA ® RES. NO. R070 -11 A RESOLUTION ADOPTING THE CITY OF ANDOVER 2012 PROPOSED PROPERTY TAX LEVY TO BE CERTIFIED TO THE COUNTY AUDITOR. WHEREAS, the preparation and adoption of operating budgets is recognized as sound financial practice; and WHEREAS, the City of Andover receives significant financial support from its residents through the payment of property taxes; and WHEREAS, the City of Andover has the responsibility to appropriately and efficiently manage the public's funds; and WHEREAS, Minnesota State Law requires the City to certify to the County Auditor a proposed tax levy prior to September 15, 2011. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Andover hereby adopts the proposed 2012 property tax levy totaling $10,856,299 as listed on Attachment A. Adopted by the City of Andover this 6th day of September 2011. CITY OF ANDOVER ichael R. Gama e - Mayor DR] E AD 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. kOU -I 1 adopting the 2012 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 hanq�this 6th ka)\of September 2011. H - City Clerk LJ U CITY OF ANDOVER, MINNESOTA Attachment A Proposed 2012 Property Tax Levy 2012 Proposed Levy General Fund Levy $ 7,557,857 Debt Service Funds Levy 2004A G.O. Capital Improvement Bonds 405,292 2004 EDA Public Facility Revenue Bonds 1,092,684 2009A G.O. Open Space Referendum Bonds 182,558 2011A G.O. Equipment Certificate 102,017 2012 G.O. Equipment Certificate 125,000 Total Debt Service 1,907,551 Other Levies Capital Projects Levy Capital Equipment/Project 210,000 Parks Projects 61,500 Road & Bridge 1,022,817 Pedestrian Trail Maintenance 56,574 Lower Rum River Watershed 40,000 Gross City Levy $ 10,856,299 CAB] © CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R069 -11 A RESOLUTION CALLING FOR SPECIAL ELECTION WHEREAS, a vacancy exists on the Andover City Council; and WHEREAS, the vacancy occurred before the first day to file affidavits of candidacy for the next regular city election; and WHEREAS, the vacancy occurred when more than two years remain in the unexpired term; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover, Minnesota, as follows: 1. A special election is ordered to fill the vacancy on the Andover City Council. The person elected shall fill the vacancy for the remainder of the term. 2. The special election will be held at the next regular city election. © Adopted by the Andover City Council on the 6 day of September 2011. CITY OF ANDOVER ATTEST: Michael R. amache - Mayor n Midlielle Hartner — Deputy City Clerk U © CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R068-11 A RESOLUTION ACCEPTING RESIGNATION AND DECLARING A VACANCY WHEREAS, the Andover City Council has received the written resignation of Don Jacobson, effective on August 29, 2011; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover, Minnesota, as follows: 1. The Andover City Council accepts Jacobson's resignation as described above. 2. The Andover City Council declares that a vacancy exists on council effective on September 6, 2011. Adopted by the Andover City Council on the 6 day of September 2011. © CITY OF ANDOVER ATTEST: chael R. Gamache - Mayor , -& 1 e b�= Mi helle Harmer — Deputy City Clerk X CITY OF ANDOVER COUNTY OF ANOKA © STATE OF MINNESOTA RES. NO. 067 -11 MOTION by Councilmember Trude to adopt the following: A RESOLUTION DECLARING COSTS AND DIRECTING PREPARATION OF THE ASSESSMENT ROLL FOR THE IMPROVEMENT OF PROJECT NO. 11 -02d (EAST BROOK TERRACE /AUDITOR'S SUBDIVISION NO. 137), 2011 STREET RECONSTRUCTION THE CITY COUNCIL OF THE CITY OF ANDOVER HEREBY RESOLVES: WHEREAS, the final construction costs for the improvement amount to $ 152,335.50 , the expenses incurred or to be incurred in the making of such improvement amount to $ 43,275.16 so that the total project costs of the improvement are $ 254,815.16 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 $205,911.65 and the amount to be assessed against benefited property owners is declared to be $48,903.51 2. Assessments shall be payable in equal annual installments extending over a period © of 10 years. The first of the installments to be payable on or before the 1 st Monday in January 2012 and shall bear interest at the rate of 4.5 percent per annum from the date of the adoption of the assessment resolution. 3. The City Clerk, with the assistance of the City Engineer shall forthwith calculate the proper amount to be specially assessed for such improvement against every assessable lot, piece or parcel of land within the district affected, without regard to cash valuation, as provided by law, and she shall file a copy of such proposed assessment in her office for public inspection. 4. The Clerk shall, upon the completion of such proposed assessment, notify the Council thereof. MOTION seconded by Councilmember Knight and adopted by the City Council at a regular meeting this 6 th day of September , 2011 with Councilmembers Trude Knight Gamache, Bukkila voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: © ' hael R. G the - Mayor Mic elle Hartner — Deputy City Clerk CITY OF ANDOVER COUNTY OF ANOKA © STATE OF MINNESOTA RES. NO. 066 -11 MOTION by Councilmember Trude to adopt the following: A RESOLUTION DECLARING COSTS AND DIRECTING PREPARATION OF THE ASSESSMENT ROLL FOR THE IMPROVEMENT OF PROJECT NO. 11 -02c (ROLLING FOREST) 2011 STREET RECONSTRUCTION , THE CITY COUNCIL OF THE CITY OF ANDOVER HEREBY RESOLVES: WHEREAS, the final construction costs for the improvement amount to $ 127.752.95 , the expenses incurred or to be incurred in the making of such improvement amount to $ 36,385.29 so that the total project costs of the improvement are $ 207,775.29 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 $166,740.72 , and the amount to be assessed against benefited property owners is declared to be $41,034.57 2. Assessments shall be payable in equal annual installments extending over a period of 10 years. The first of the installments to be payable on or before the 1 st © Monday in January 2012 and shall bear interest at the rate of 4.5 percent per annum from the date of the adoption of the assessment resolution. 3. The City Clerk, with the assistance of the City Engineer shall forthwith calculate the proper amount to be specially assessed for such improvement against every assessable lot, piece or parcel of land within the district affected, without regard to cash valuation, as provided by law, and she shall file a copy of such proposed assessment in her office for public inspection. 4. The Clerk shall, upon the completion of such proposed assessment, notify the Council thereof. MOTION seconded by Councilmember Knight and adopted by the City Council at a regular meeting this 6 day of September , 2011 with Councilmembers Trude Knight Gamache Bukkila voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: " © r Mi ael R. Ga e - Mayor 7 r ich Ile Hartner — Deputy City Clerk CITY OF ANDOVER COUNTY OF ANOKA © STATE OF MINNESOTA RES. NO. 065 -11 MOTION by Councilmember Trude to adopt the following: A RESOLUTION DECLARING COSTS AND DIRECTING PREPARATION OF THE ASSESSMENT ROLL FOR THE IMPROVEMENT OF PROJECT NO. 11 -02b (GENTHON PONDS) 2011 STREET RECONSTRUCTION THE CITY COUNCIL OF THE CITY OF ANDOVER HEREBY RESOLVES: WHEREAS, the final construction costs for the improvement amount to $ 196.919.24 , the expenses incurred or to be incurred in the making of such improvement amount to $ 63,067.25 so that the total project costs of the improvement are $ 259,986.49 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 $194,989.85 , and the amount to be assessed against benefited property owners is declared to be $ 64,996.64 2. Assessments shall be payable in equal annual installments extending over a period of 10 years. The first of the installments to be payable on or before the 1st © Monday in January 2012 and shall bear interest at the rate of 4.5 percent per annum from the date of the adoption of the assessment resolution. 3. The City Clerk, with the assistance of the City Engineer shall forthwith calculate the proper amount to be specially assessed for such improvement against every assessable lot, piece or parcel of land within the district affected, without regard to cash valuation, as provided by law, and she shall file a copy of such proposed assessment in her office for public inspection. 4. The Clerk shall, upon the completion of such proposed assessment, notify the Council thereof. MOTION seconded by Councilmember Knight and adopted by the City Council at a regular meeting this 6 day of September , 2011 with Councilmembers Trude, Knight, Gamache, Bukkila voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: ��� © Mic ael R. Gam e - Mayor Li Mic elle Hartner — Deputy City Clerk u CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 064 -11 MOTION by Councilmember Trude to adopt the following: A RESOLUTION APPROVING CHANGE ORDER #1 TO PROJECT NOS. 11 -2a, FLINTWOOD STREET NW/11 -24, BUTTERNUT STREET NW, 173 AVENUE NW & FLINTWOOD STREET NW/11 -11, ANDOVER STATION NORTH BALL FIELD PARKING LOT EXPANSION WHEREAS, the City of Andover has a contract for Project Nos. 011 -2a, 11- 24 & 11 -11 with Rum River Contracting Co. of Princeton, MN NOW THEREFORE, BE IT RESOLVED by the City Council of Andover to hereby approve the change order to Project Nos. 11 -2a, 11 -24 & 11 -11 © Adopted by the City Council of the City of Andover this 6 day of September , 2011 CITY OF ANDOVER ATTEST: chael R. Gamache — Mayor L r ;( t ► ruQ Mi helle Hartner — Deputy City Clerk u © CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RESOLUTION R063 -11 RESOLUTION RELATING TO TAX INCREMENT FINANCING DISTRICT NO. 1 -1 AND TAX INCREMENT FINANCING DISTRICT NO. 1 -2 WHEREAS, the City Council of the City of Andover previously established Tax Increment Financing District No. 1 -1 ( "TIF 1 -1 ") and Tax Increment Financing District No. 1 -2 ("TIF 1 -2 ") and established funds in connection therewith (the "TIF 1 -1 and TIF 1 -2 Fund "); WHEREAS, the City has deposited $2,500,000 of land sale proceeds received by the City for land that was purchased prior to June 30, 1997 which do not constitute tax increments and other sums not constituting tax increments under Minnesota Statutes, Section 469.174, Subd. 25 (collectively the "Non -TIF Funds ") in the TIF 1 -1 Fund and the TIF 1 -2 Fund. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANDOVER, MINNESOTA, as follows: 1. The deposit of $2,500,000 of Non -TIF Funds which occurred after July 31, 2001 © is hereby ratified as an interfund loan (the " Interfund Loan") as of the date of such deposit. 2. The Interfund Loan shall bear no interest. 3. The Interfund Loan shall be repaid on or before December 31 of each year to the extent that there are available tax increments from TIF 1 -1 and TIF 1 -2 for such purpose. The foregoing resolution was adopted by the Andover City Council this 16 day of August, 2011. tte C' erk Mqfor 14 c 4150083v1 x MOTION by Councilmember RES. NO. 062 -11 u 1E CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA 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. 11 -16 FOR SANITARY SEWER & WATER MAIN EXTENSION IN THE FOLLOWING AREA OF ROSELLA SONSTEBY PROPERTY (14259 Bunker Lake Boulevard NW) WHEREAS, the City Council did on the 15 day of February, 2011 order the preparation of a feasibility study for the improvement; and WHEREAS, such feasibility study was prepared by the City Engineer and presented to the Council on the 16 day of August , 2011; and and WHEREAS, the property owners have waived the right to a Public Hearing; WHEREAS, the City Council has reviewed the feasibility study and declares the improvement feasible, for an estimated cost of $ 273,000.00 . 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 $ 273,000.00 waive the Public Hearing and order improvements. BE IT FURTHER RESOLVED by the City Council to hereby direct the City Engineer to prepare the plans and specifications for such improvement project. MOTION seconded by Councilmember Trude and adopted by the City Council at a regular meeting this 16 day of August 2011 , with Councilmembers Jacobson, Trude, Knight, Gamache, Bukkila voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST.: c chael R. Ga ache - Mayor Michelle Hartner — Deputy City Clerk © CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 061 -11 MOTION by Council member Jacobson to adopt the following: A RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR THE IMPROVEMENT OF PROJECT NOS. 11 -2a, FLINTWOOD STREET NW/11 -24, BUTTERNUT STREET NW, 173 AVENUE NW & FLINTWOOD STREET NW/11 -11, ANDOVER STATION NORTH BALL FIELD PARKING LOT EXPANSION WHEREAS, pursuant to advertisement for bids as set out in Council Resolution Nos. 051 -11 & 052 -11 dated July 6 , 2011 bids were received, opened and tabulated according to law with results as follows: Rum River Contracting Co. $391,736.52 N Valley, Inc. $426,493.75 - - - Hardrives Inc. - -- — - - -- $479;052:35 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby accept the bids as shown to indicate Rum River Contracting Co. as being the apparent low bidder. BE IT FURTHER RESOLVED TO HEREBY direct the Mayor and City Clerk to enter into a contract with Rum River Contracting Co. in the amount of $ 391,736.52 for construction of the improvements; and direct the City Clerk to return to all bidders the deposits made with their bids, except that the deposit of the successful bidder and the next two lowest bidders shall be retained until the contract has been executed and bond requirements met. MOTION seconded by Council member Knight and adopted by the City Council at a regular meeting this 4 day of August 1 , 2011 , with Council members Jacobson, Knight, Trude, Bukkila, Gamache (absent) voting in favor of the resolution, and Council members none voting against, whereupon said resolution was declared passed. CITY. OF ANDOVER ATTEST: © ichael R Gar6ache - Mayor Mi helle Hartner - Deputy City Clerk © CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R060 -11 MOTION by Councilmember Jacobson to adopt the following: A RESOLUTION ACCEPTING A CONTRIBUTION MADE TO THE CITY OF ANDOVER TO BE USED TOWARDS THE ANDOVER DOG PARK. WHEREAS, any contributions that are to be made to the City of Andover must be accepted by the City Council; and WHEREAS, the contribution from Andover Football Association of $500 is to be used towards the Andover Dog Park. NOW, THEREFORE BE IT RESOLVED by the City Council to hereby accept the contribution, which is to be used towards the Andover Dog Park. MOTION seconded by Councilmember, Knight and adopted by the City © Council at a regular meeting this 4th day of August 2011, with Councilmembers Bukkila, Trude, Jacobson & Knight voting in favor of the resolution, and Councilmembers None voting against, Councilmember Gamache absent whereupon said resolution was declared passed. ATTEST: Mi helle Hartner - Deputy City Clerk CITY OF ANDOVER 7 171ael R. Ga - Mayor u L CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RESOLUTION NO. R059 -11 A RESOLUTION REQUIRING ABATEMENT FOR A DOG OWNED BY BARRY AND SHELLY LARKIN, 15571 POTAWATOMI STREET NW, PURSUANT TO CITY CODE TITLE 5, CHAPTER 1, SECTION 5- 1A -17. WHEREAS, a German Shorthair named Brandy owned by Barry and Shelly Larkin, 15571 Potawatomi Street NW, Andover has been allowed to run at large; and WHEREAS, on April 8, 2010, said dog left its property and bit a woman; and WHEREAS, on April 10, 2010, said dog left its property and bit a woman; and WHEREAS on October 3, 2010, said dog left its property and was aggressive towards another dog; and WHEREAS, on November 10, 2010 a letter from the City of Andover identifying the dog as "potentially dangerous" was delivered to the dog owner; and WHEREAS, on July 6, 2011, said dog left its property and was aggressive towards a woman and her dog. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover based on the reports of the April 8, 2010, April 10, 2010 and July 6, 2011 incidents and testimony at the hearing to hereby require abatement for a German Shorthair owned by Barry and Shelly Larkin, 15571 Potawatomi Street NW pursuant to City Code Title 5, Chapter, 1 Section 5- lA -17. BE IT FURTHER RESOLVED that the Deputy City Clerk shall mail by certified mail to Barry and Shelly Larkin a copy of the resolution. Adopted by the City Council of the City of Andover this 4"' day of August, 2011. CITY OF ANDOVER © Attest: r� �✓ "r ichael R. dArt<ache — Mayor � M t eIle Harmer — Deputy City Clerk L AW ] CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RESOLUTION NO. R058 -11 A RESOLUTION DECLARING A DOG OWNED BY BARRY AND SHELLY LARKIN, 15571 POTAWATOMI STREET NW, AS A DANGEROUS DOG PURSUANT TO CITY CODE TITLE 5, CHAPTER 1, SECTION 5- 1A -11. WHEREAS, a German Shorthair named Brandy owned by Barry and Shelly Larkin, 15571 Potawatomi Street NW, Andover has been allowed to run at large; and WHEREAS, on April 8, 2010, said dog left its property and bit a woman; and WHEREAS, on April 10, 2010, said dog left its property and bit a woman; and WHEREAS, on November 10, 2010 a letter from the City of Andover identifying the dog as "potentially dangerous" was delivered to the dog owner; and ® WHEREAS, on July 6, 2011, said dog left its property and was aggressive towards a woman and her dog. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover based on the reports of the April 8, 2010, April 10, 2010 and July 6, 2011 incidents and testimony at the hearing to hereby declare a German Shorthair owned by Barry and Shelly Larkin, 15571 Potawatomi Street NW as a "dangerous dog" pursuant to City Code Title 5, Chapter, 1 Section 5-IA-1 1. BE IT FURTHER RESOLVED that the Deputy City Clerk shall mail by certified mail to Barry and Shelly Larkin a copy of the resolution. Adopted by the City Council of the City of Andover this 4 day of August, 2011. CITY OF ANDOVER Attest: 6 -✓ ?� "ael R. 4er6ache — Mayor Michelle Hartner — Deputy City Clerk ® CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R057 -11 A RESOLUTION DENYING A VARIANCE TO THE ACCESSORY STRUCTURE LOCATION AND SETBACK REQUIREMENTS OF CITY CODE 12 -6 -5 FOR PROPERTY LOCATED AT 13367 MARTIN STREET LEGALLY DESCRIBED AS LOT 4, BLOCK 2, EMERALD GLEN, ANOKA COUNTY, MINNESOTA WHEREAS, the Planning Commission has held a public hearing and reviewed the request to vary from City Code 12 -6 -5 to allow an existing accessory structure to remain located in front of the existing house; and WHEREAS, the City Council has received the recommendation of the Planning Commission; and WHEREAS, the City Council finds the request is not in harmony with the purposes and intent of the ordinance because the accessory structure is located in front of the house and close to the street where it draws attention away from the adjacent homes; and WHEREAS, the City Council finds the request is not consistent with the Comprehensive Plan because it visually does not fit the character of the surrounding neighborhood; and WHEREAS, the City Council finds the property owner does not intend to use the property in a reasonable manner not permitted by the ordinance because the location of the structure draws attention away from the adjacent homes and visually does not fit the character of the surrounding neighborhood; and WHEREAS, the City Council finds there are circumstances unique to the property that were not created by the landowner including the shape of the lot and the minimal rear yard space where an accessory structure would typically be located. However, the current location of the accessory structure does not fit within the character of the neighborhood; and WHEREAS, the City Council finds the variance will not maintain the essential character of the locality because there are no other accessory garages in front of the homes in the surrounding neighborhood; and NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover denies the proposed variance request to allow an accessory structure to remain located in front of the existing house based upon the findings in this resolution. Adopted by the City Council of the City of Andover on this 19 day of July, 2011. CITY OF ANDOVER ATTEST: M' ael R. Gamache, Mayor AMide lle`h - armer, Deputy City Clerk © CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R056 -11 A RESOLUTION APPROVING A VARIANCE TO THE GARAGE HEIGHT REQUIREMENTS OF CITY CODE 12 -6 -3 FOR PROPERTY LOCATED AT 18046 ROUND LAKE BOULEVARD NW LEGALLY DESCRIBED ON EXHIBIT A WHEREAS, the Planning Commission has held a public hearing and reviewed the request to vary from City Code 12 -6 -3 to allow an accessory structure to exceed the height of the existing home; and WHEREAS, the City Council has received the recommendation of the Planning Commission; and WHEREAS, the City Council finds the request is in harmony with the purposes and intent of the ordinance because the proposed accessory structure is consistent with the surrounding neighborhood, would be approximately three feet taller than the existing home and the effect of this relatively minor height difference would be negligible based upon the lower topography of the accessory structure location and heavy forestation of the site blocks view from the street and neighboring homes; and © WHEREAS, the City Council finds the request is not inconsistent with the residential and housing goals, objectives and policies of the Comprehensive Plan; and WHEREAS, the City Council finds the property owner intends to use the property in a reasonable manner not permitted by the ordinance because the rambler style home restricts the property owner from having an accessory structure similar to others in the neighborhood; and WHEREAS, the City Council finds there are circumstances unique to the property that were not created by the landowner because the rambler style home creates a greater restriction on the height of an accessory structure on this lot than exists on other lots with other housing types in this area of the city; and WHEREAS, the City Council finds the variance will maintain the essential character of the locality because accessory structures of similar height are located in the surrounding neighborhood and other homeowners will not have a direct view of the structure, the home and site are surrounded with dense vegetation and no other homes are in close proximity; and NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover approves the proposed variance request to allow an accessory structure to exceed the height of the principal structure based upon the findings in this resolution and with the following conditions: © 1. The peak roof height of the accessory structure shall not exceed 18 feet 8 inches. 2. The peak of the accessory structure roof shall not be taller than the peak of the roof of the house as viewed from the front property line. U 3. The accessory structure shall meet the setback requirements of the City Code. 4. The variance shall be subject to a sunset clause as provided in 12 -14 -7 E.6. E Adopted by the City Council of the City of Andover on this 19th day of July, 2011. CITY OF ANDOVER ATTEST: I P helle Hartner, Deputy City Clerk ichael R. Gamache, Mayor H Lml EXHIBIT A Resolution 056 -11 Legal Description 18046 Round Lake Boulevard NW 05- 32 -24 -11 -0001 H THAT PART OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 5 TOWNSHIP 32 RANGE 24 DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID QUARTER QUARTER, THENCE SOUTH ALONG THE EAST LINE THEREOF 315.15 FEET, THENCE WEST PARALELL WITH THE NORTH LINE OF SAID QUARTER QUARTER 330 FEET, THENCE NORTH PARLELL WITH THE EAST LINE OF SAID QUARTER QUARTER 315.15 FT TO THE NORTH LINE OF SAID QUARTER QUARTER, THENCE EAST ALONG SAID NORTH LINE 330 FEET TO THE POINT OF BEGINNING, EXCEPT ROADS, SUBJECT TO EASEMENTS OF RECORD H CITY OF ANDOVER © COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R055 -11 A RESOLUTION APPROVING CONDITIONAL USE PERMIT FOR USED VEHICLE SALES ON PROPERTY LOCATED AT 3138 162 LANE NW LEGALLY DESCRIBED AS THE EAST 150 FEET OF THE WEST 400 FEET OF THE SOUTH 433 FEET OF THE NORTH 2184.99 FEET OF THE WEST HALF OF THE NORTHWEST QUARTER OF SECTION 16 TOWNSHIP 32 RANGE 24, ANOKA COUNTY MINNESOTA, EXCEPT ROAD, SUBJECT TO EASEMENTS OF RECORD. WHEREAS, the applicant has requested approval of a conditional use permit for used vehicle sales on the subject property, and; WHEREAS, the Planning Commission finds the request would not have a detrimental effect upon the health, safety, and general welfare of the City of Andover, and; WHEREAS, the Planning Commission recommends to the City Council approval of the conditional use permit request, and; NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover has © received the recommendation of the Planning Commission and approves used vehicle sales on the subject property subject to the following: 1. The applicant shall be required to obtain approval of a vehicle sales business license from the City Council. 2. Vehicle display parking, customer parking and employee parking shall be provided to meet the requirements of the City Code. The parking area striping shall be painted to clearly define the parking stalls. 3. There shall be a maximum five vehicles for sale at the property at any one time. 4. The hours of operation shall be limited to Monday through Saturday between the hours of 6:00 am and 9:00 pm. Adopted by the City Council of the City of Andover on this 19th day of July, 2011. CITY OF ANDOVER Y r © ATTEST; Achael R. amache, Mayor *Mi lle H arm, CITY OF ANDOVER COUNTY OF ANOKA ® STATE OF MINNESOTA RES. NO. R054 -11 A RESOLUTION DENYING A CONDITIONAL USE PERMIT FOR OUTDOOR STORAGE WITH VARIANCES FOR ABC MINI STORAGE LOCATED AT 13624 HANSON BOULEVARD NW LEGALLY DESCRIBED AS: The East 415 feet of Lot 15 WATTS GARDEN ACRES; Except Road; subject to easements of record WHEREAS, ABC Mini Storage has requested a Conditional Use Permit for outdoor storage to allow parking of vehicles and trailers on the subject property; and WHEREAS, the proposed expansion of the parking area would require variances as follows; 1. City Code 12 -13 -8 Paving and Curb Requirements 2. City Code 12 -13 -6 Landscaping Requirements 3. City Code 12- 13 -817. Front Yard Parking Area Setback WHEREAS, the Planning Commission has conducted a public hearing and recommends to the City Council approval of said conditional use permit and variances; and © WHEREAS, the City Council received the recommendation of the Planning Commission; and WHEREAS, the City Council finds the request is not in harmony with the purposes and intent of the ordinance because there is no reasonable attempt to meet City Code requirements that apply to the subject property and all other equally situated properties; and WHEREAS, the City Council finds the request is not consistent with the Comprehensive Plan because outdoor parking of boats, RV's, trailers and vehicles will have a negative effect of the value of neighboring General Business sites in the vicinity; and WHEREAS, the City Council finds the property owner does not intend to use the property in a reasonable manner not permitted by the ordinance because the owner is unwilling to pave the parking area and buildings already exist on the site for storage and rental storage; and WHEREAS, the City Council finds there are not circumstances unique to the property that were not created by the landowner because none have been brought to the attention of the Council that prevent the owner from meeting City Code requirements; and WHEREAS, the City Council finds the variance will not maintain the essential character of the locality because properties on each side are landscaped, have paved parking areas and meet City Code requirements; and © NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover has received the recommendation of the Planning Commission and denies the conditional use permit for outdoor storage with variances based on the findings in this resolution. 0 Adopted by the City Council of the City of Andover on this 4 th day of August, 2011. ATTEST: *Mice H ner, Deputy City Clerk H CITY OF ANDOVER Michael R. Gamache, Mayor C u MOTION by Councilmember RES. NO. R053 -11 H CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA Jacobson to adopt the following: A RESOLUTION ACCEPTING A CONTRIBUTION MADE TO THE CITY OF ANDOVER TO BE USED TOWARDS THE PURCHASE OF TOOLS AND EQUIPMENT FOR THE ANDOVER FIRE DEPARTMENT'S MAJOR INCIDENT TRAILER. WHEREAS, any contributions that are to be made to the City of Andover must be accepted by the City Council; and WHEREAS, the contribution from CenterPoint Energy of $1,000 is to be used towards the purchase of equipment and tools for the Andover Fire Department's major incident trailer. NOW, THEREFORE BE IT RESOLVED by the City Council to hereby accept the contribution, which is to be used towards the purchase of tools and equipment for the Andover Fire Department's major incident trailer. MOTION seconded by Councilmember Knight and adopted by the City Council at a regular meeting this 6th day of July 2011, with Councilmembers Bukkila and Trude voting in favor of the resolution, and Councilmembers None (Gamache absent) voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: 'Midhelle Hartner - Deputy City Clerk M' ael R. Gamac e - Mayor H CW] CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 052 -11 MOTION by Councilmember Jacobson to adopt the following: A RESOLUTION APPROVING FINAL PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FORBIDS FOR PROJECT 11 -11 ANDOVER STATION NORTH BALL FIELD PARKING LOT EXPANSION WHEREAS, pursuant to Resolution No. 036 -11 , adopted by the City Council on the 3rd day of May _, 2011 , the City Engineer has prepared final plans and specifications for Project No. 11 -11 WHEREAS, such final plans and specifications were presented to the City Council for their review on the 6 th day of July 2011 . 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 , Friday, 29, 2011 at the Andover City Hall. MOTION seconded by Councilmember Knight and adopted by the City Council at a regular meeting this 6 th day of July_ 2011 , with Councilmembers Jacobson Knight, Gamache (absent), Trude, Bukkila voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. ATTEST: CITY OF ANDOVER hael R. G&R&he - Mayor © Midhelle Hartner — Deputy City Clerk H MOTION by Councilmember RES. NO. 051 -11 X 9 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA Jacobson to adopt the following: A RESOLUTION APPROVING FINAL PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR PROJECT NOS. 11 -2a, FLINTWOOD STREET NW & 11 -24, BUTTERNUT STREET NW, 173 AVENUE NW & FLINTWOOD STREET NW WHEREAS, pursuant to Resolution No. 046 -11 & 045 -11 , adopted by the City Council on the 7 day of June , 2011 , the City Engineer has prepared final plans and specifications for Project Nos. 11 -2a & 11 -24 WHEREAS, such final plans and specifications were presented to the City Council for their review on the 6 th day of July 2011 . 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. , Friday, July 29, 2011 at the Andover City Hall. MOTION seconded by Councilmember Knight and adopted by the SCity Council at a regular meeting this 6 th day of July , 2011 , with Councilmembers Jacobson, Knight, Gamache (absent), Trude, Bukkila voting in favor of the resolution, and Councilmembers none against, whereupon said resolution was declared passed. CITY OF ANDOVER H ATTEST: r. Vi helle Hartner— Deputy City Clerk voting M' ael R. Gamache - Mayor © CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R050 -11 MOTION by Councilmember Trude to adopt the following: A RESOLUTION ADOPTING PERFORMANCE. WHEREAS, the Minnesota Legislature created a Council on Local Results and Innovation that released a set of ten performance measures for cities; and WHEREAS, cities that chose to participate in the program may be eligible for a reimbursement in LGA and an exemption from levy limits; and WHEREAS, participating in the program furthers the City of Andover's goals of improving service delivery and enhancing communication with residents; and WHEREAS, in order to be eligible for reimbursement and exemption from levy limits, the City Council must officially adopt the ten performance measures and submit a declaration to the Office of the State Auditor by July 1, 2011. NOW, THEREFORE BE IT RESOLVED by the City Council that they hereby adopt the ten performance measures developed by the Council on Local Results and Innovation. MOTION seconded by Councilmember Jacobson and adopted by the City Council at a regular meeting this 28th day of June 2011, with Councihmembers Gamache, Bukkila and Knight voting in favor of the resolution, and no Councilmembers voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: A z 6-� �- - � —4— z chael k. Gamache - Mayor ' c Mi helle Hartner - Deputy City Clerk H CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA © RES. NO. R049 -11 MOTION by Councilmember Jacobson to adopt the following: A RESOLUTION COMMITTING SPECIFIC REVENUE SOURCES IN SPECIAL REVENUE FUNDS. WHEREAS, the Governmental Accounting Standards Board's Statement No. 54 definition of special revenue funds states that special revenue funds are used to account for and report the proceeds of specific revenue sources that are restricted or committed to expenditures for specified purposes other than debt service or capital projects; and WHEREAS, the term "proceeds of specific revenue sources" established that one or more specific restricted or committed revenues should be the foundation for a special revenue fund and comprise a substantial portion of the fund's revenues; and WHEREAS, investment earnings and transfers from other funds do not meet the definition of a specific revenue source; and WHEREAS, council action is required to formalize the commitment of the specific revenue sources to specified purposes. NOW, THEREFORE BE IT RESOLVED by the City Council that effective June 21, 2011, the specific revenue source of each special revenue fund and the specific purposes for which they are restricted or committed are as follows: Fund S Revenue Sources Restricted /Committed For EDA Tax Increment Admin fee Committed for activities to promote economic develo CDBG Community Development Block Restricted for Community Development Block Grants Grant p ro g rams Community Center Charges for services Committed for community center operations, maintenance, and im Drainage &Mapping Drainage and mapping fees Committed for the maintenance and upgrades of the Ci ma s LRRWMO Tax levy Committed for surface water management activities Forestry MN DNR grants Restricted for the preservation of forest resources p ro gr ams Trail Trail fees Committed for the construction of the City's regional trail system ROW Mgmt Right of way management fees Committed for the management of public right of ways Capital Equipment Reserve Tax levy Committed for capital items, maintenance issues, and /or emer ex Charitable Gambling Gambling fee (10% of net profits) Restricted for lawful purposes under MS 349- 12 Gambling tax (0.1% of net receipts) Restricted for lawful gambling regulation activities Construction Seal Coat Construction seal coat fee Committed for the sealing of roadways in new develo MOTION seconded by Councilmember Knight and adopted by the City Council at a regular meeting this 21 st day of June 2011, with Councilmembers © Gamache, Bukkila and Trude voting in favor of the resolution, and Councilmembers None voting against, whereupon said resolution was declared passed. ATTEST: MidHelle Hartner - Deputy City Clerk LH CITY OF ANDOVER e. chael R. Gat c e - Mayor H CITY OF ANDOVER ANOKA COUNTY, MINNESOTA RESOLUTION NO. R048 -11 © A Resolution of the City of Andover Supporting the Concept of Cooperation and Collaboration to Promoting Greater Efficiency in the Use of Public Resources WHEREAS, the county, cities, and school districts in Anoka County have been meeting to explore and improve the cooperation and collaboration between the local units of government; and, WHEREAS, the local units of government in Anoka County have a history of working together to reduce costs and provide efficient services; and, WHEREAS, the economic, social, and civic environments continue to change requiring local units of government to develop new methods of service delivery; and, WHEREAS, the changes in the roles and working relationships of elected officials, staff, and constituents, the evolution of the services to be delivered, and the degree and accountability of authority require vision - driven leadership; and, WHEREAS, we must lead through an uncertain financial future, unstable economic conditions, undesirable financial trends, unfamiliar budget practices, changing organizational models, worried employees, and a concerned population: NOW, THEREFORE, BE IT RESOLVED that the City of Andover embraces the concept of cooperation and collaboration to promote greater efficiency in the use of public resources and is committed to exploring opportunities. BE IT FURTHER RESOLVED that the City of Andover support the efforts of the City, County, and School Collaboration Project and endorse the five principal focus areas: 1. Trust and Information Sharing: Establishing an environment of trust among the cities, county, and school districts, and developing better working relationships and providing more cost - effective public services. 2. Service Sharing: Facilitating efficient and cost - effective sharing of services, facilities, and other resources. 3. Fiber and Technology: Maximizing the use of fiber and shared technology to support public services. 4. Economic Development: Promoting a business - friendly environment that expands and retains a dynamic range of business and industry within our communities. 5. Citizen Communication: Developing effective, consistent, and ongoing communication © networks with citizens, businesses, and other stakeholders. BE IT FURTHER RESOLVED that the City Administrator shall lead and direct staff to work with other units of government to implement this project and keep the City of Andover City Council informed and engaged in the process. © BE IT FURTER RESOLVED THAT Staff of the City. of Andover at all levels are encouraged to work with their counterparts in other governmental units to identify opportunities for cooperation and consolidation and recommend these opportunities to their Department Head. BE IT FURTHER RESOLVED THAT City Administration and Department Heads of the City of Andover are hereby authorized to test opportunities for cooperation and consolidation of services and implement them where practical. Whereupon said resolution was passed this 7 th day of June, 2011. M ael R Gamac e, ayor L IWI U ® CITY OF ANDOVER ANOKA COUNTY STATE OF MINNESOTA Council member Jacobson introduced the following resolution and moved its adoption: RESOLUTION NO. R047 -11 RESOLUTION ADOPTING A MODIFICATION TO THE DEVELOPMENT PROGRAM FOR DEVELOPMENT DISTRICT NO. 1, A MODIFICATION TO THE TAX INCREMENT FINANCING PLAN FOR TAX INCREMENT FINANCING DISTRICT NO. 1 -1 (COUNTY NO. F9), AND A MODIFICATION TO THE TAX INCREMENT FINANCING PLAN FOR TAX INCREMENT FINANCING DISTRICT NO. 1 -2 (COUNTY NO. Gl). BE IT RESOLVED by the City Council ( "Council ") of the City of Andover, Minnesota ( "City"), as follows: Section 1. Recitals 1.01. The Board of Commissioners ( "Board ") of the Andover Economic Development Authority ( "EDA ") has heretofore established Development District No. 1 (the "Project Area ") and adopted a Development Program therefor. It has been proposed by the EDA and the City that the City ® adopt a Modification to the Development Program (the "Development Program Modification ") for the Project Area and Modifications to the Tax Increment Financing Plans (the "TIF Plans ") for Tax Increment Financing District Nos. 1 -1 and 1 -2 (the "TIF Districts ") which are referred to collectively herein as the "Modifications ", all pursuant to and in conformity with applicable law, including Minnesota Statutes, Sections 469.090 to 469.1082 and Sections 469.174 to 469.1799, all inclusive, as amended, (the "Act ") all as reflected in the Modifications, and presented for the Council's consideration. 1.02. The EDA and City have investigated the facts relating to the Modifications and have caused the Modifications to be prepared. 1.03. The EDA and City have performed all actions required by law to be performed prior to the adoption and approval of the proposed Modifications, including, but not limited to, notification of Anoka County and Independent School District No. 11, having taxing jurisdiction over the property in the TIF Districts, approval of the Modifications by the EDA on June 7, 2011, and the holding of a public hearing upon published notice as required by law. 1.04. The City is not modifying the boundaries of the Project Area or the TIF Districts. 1.05. The City is not extending the duration of the TIF Districts. Section 2. Findings for the Development Program Modification 2.01. The Council hereby finds that: (a) the land within the Project Area would not be available for development or redevelopment without the financial aid to be sought under the Development Program © Modification; (b) the Development Program Modification will afford maximum opportunity, consistent with the needs of the City as a whole, for the development of the Project Area by private enterprise; and (c) the Development Program Modification conforms to the general plan for the development of the City as a whole. © 2.02. These findings are based on the facts and conditions described in the Development Program Modification, which is incorporated herein by reference. Section 3. Findings for the Modifications to the TIF Plans 3.01 The Council hereby reaffirms the original findings for the TIF Districts, namely that when they were established, each was established as a "redevelopment district ". 3.02 The modifications to the TIF Plans are being completed to clarify the budgets of the TIF Districts and to give budgetary and legal authority to the City to acquire additional parcels within Development District No. 1. The City is not modifying the boundaries or extending the term of the TIF Districts. 3.03 The modifications to the TIF Plans conform to the general plan for development or redevelopment of the City as a whole. The fact supporting this finding is that the modifications to the TIF Plans will generally complement and serve to implement policies adopted in the City's comprehensive plan. 3.04 The modifications to the TIF Plans will afford maximum opportunity, consistent with the sound needs of the City as a whole, for the development or redevelopment of the Project Area by private enterprise. The facts supporting this finding are that the modifications to the TIF Plans will continue the redevelopment by private enterprise that has been stimulated under the original plan for the TIF Districts. © 3.05 The Council further finds the future redevelopment, in the opinion of the City, would not reasonably be expected to occur solely through private investment within the reasonably foreseeable future and therefore the use of tax increment financing is deemed necessary. Section 4. Public Purpose 4.01. The adoption of the Modifications conform in all respects to the requirements of the Act and will help fulfill a need to redevelop an area of the State which is already built up, to provide employment opportunities, to provide housing opportunities, to improve the tax base and to improve the general economy of the State and thereby serves a public purpose. Section 5. Approval and Adoption of the Modifications 5.01. The Modifications, as presented to the Council on this date, are hereby approved, ratified, adopted and shall be placed on file in the office of City Administrator. 5.02. The staff, the City's advisors and legal counsel are authorized and directed to proceed with the implementation of the Modifications and for this purpose to negotiate, draft, prepare and present to this Council for its consideration all further Modifications, resolutions, documents and contracts necessary for this purpose. Approval of the Modifications does not constitute approval of any project or a Development Agreement with any developer. 5.03. The City Administrator is authorized and directed to forward a copy of the Modifications to the Commissioner of the Minnesota Department of Revenue and the Office of the State Auditor © pursuant to M.S., Section 469.175, Subd. 4a. ® 5.04. The City Administrator is further authorized and directed to file a copy of the Modifications with Anoka County Auditor. The motion for the adoption of the foregoing resolution was duly seconded by Council member Kni t, and upon a vote being taken thereon, the following voted in favor thereof: Gamache, Trude, Jacobson, & Knight and the following voted against the same: Bukkila (absent) Dated: June 7, 2011 M) .<e Gamache, Mayor X (Seal) H u CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 046 -11 uiwl MOTION by Councilmember Jacobson to adopt the following: A RESOLUTION ORDERING THE IMPROVEMENT OF _PROJECT NO. 11-2a FLINTWOOD STREET NW AND DIRECTING PREPARATION OF FINAL PLANS AND SPECIFICATIONS. WHEREAS, Resolution No. 042 -11 of the City Council adopted on the 17 day of May 2011 fixed a date for a public hearing; and WHEREAS, pursuant to the required published and mailed notice such hearing was held on the 7 day of June , 2011 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. 11 -2a . MOTION seconded by Councilmember Bukkila and adopted by the City Council at a regular meeting this 7 day of June , 2011 with Councilmembers Jacobson, Knight, Gamache, Trude, Bukkila voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. ATTEST: Miclielle Hartner— Deputy City Clerk CITY OF ANDOVER N)Aael R. Gam-a - Mayor ❑# H CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 045 -11 MOTION by Councilmember Jacobson to adopt the following: A RESOLUTION ORDERING THE IMPROVEMENT OF - PROJECT NO. 11-24 BUTTERNUT STREET NW 173 AVENUE NW & FLINTWOOD STREET NW AND DIRECTING PREPARATION OF FINAL PLANS AND SPECIFICATIONS. WHEREAS, Resolution No. 041 -11 of the City Council adopted on the 17 day of Mai_ 2011 fixed a date for a public hearing; and WHEREAS, pursuant to the required published and mailed notice such hearing was held on the 7 th day of June , 2011 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. 11 -24 . MOTION seconded by Councilmember Knight and adopted by the City Council at a regular meeting this 7 th day of June , 2011 with Councilmembers _ Jacobson Knight Gamache, Trude, Bukkila voting in favor of the resolution, and Councilmembers resolution was declared passed. voting against, whereupon said CITY OF ANDOVER ATTEST: none Micl elle Hartner — Deputy City Clerk Mie6ael R. Gama - Mayor X C H CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R044 -11 A RESOULTION GRANTING THE VACATION OF EASEMENT REQUEST OF DAVID VAALER TO VACATE A PORTION OF THE DRAINAGE AND UTILITY EASEMENT AT 2169 150 AVE. NW (PIN 22- 32 -24 -34 -0015) LEGALLY DESCRIBED AS FOLLOWS: Lot 1, Block 7 WOODLAND ESTATES, ANOKA COUNTY, MINNESOTA. WHEREAS, the applicant has requested to vacate a portion of the drainage and utility easement as indicated on Easement Vacation Exhibit, and; WHEREAS, the Engineering Department has determined that the proposed vacation of easement will not adversely affect the floodplain or drainage in the surrounding area; and WHEREAS, the City Council finds the request would not have a detrimental effort upon the health, safety, moral, and general welfare of the City of Andover, and; NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby grants the vacation of the drainage and utility easement as indicated on Easement Vacation Exhibit. Adopted by the City Council of the City of Andover on this 17 day of May, 2011. CITY OF ANDOVER ATTEST ichael R. Gamache, Mayor i elle Hartner, Deputy City Clerk H CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 043 -11 MOTION by Council member Jacobson to adopt the following: A RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR THE IMPROVEMENT OF PROJECT NO. 10 -30 CROSSTOWN DRIVE NW RECONSTRUCTION WHEREAS, pursuant to advertisement for bids as set out in Council Resolution No. 032 -11 dated April 19 , 2011 bids were received, opened and tabulated according to law with results as follows: Contractor Base Bid Rum River Contracting Co. $297,705.00 North Valley, Inc. $311,413.06 Hardrives, Inc. $330,295.90 Engineer's Estimate $317,810.00 © NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby accept the bids as shown to indicate Rum River Contracting, Inc. as being the apparent low bidder. BE IT FURTHER RESOLVED TO HEREBY direct the Mayor and City Clerk to enter into a contract with Rum River Contracting, Inc. in the amount of $297,705.00 for construction of the improvements; and direct the City Clerk to return to all bidders the deposits made with their bids, except that the deposit of the successful bidder and the next two lowest bidders shall be retained until the contract has been executed and bond requirements met. MOTION seconded by Council member Bukkila and adopted by the City Council at a regular meeting this 17 day of May 2011 , with Council members Jacobson Bukkila Gamache Trude, Knight voting in favor of the resolution, and Council members none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER © ' ATTEST: MiqKael R. Gamac e - Mayor A i elle Hartner— Deputy City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 042 -11 MOTION by Councilmember Jacobson to adopt the following: A RESOLUTION ACCEPTING FEASIBILITY REPORT AND CALLING PUBLIC HEARING ON IMPROVEMENTS FOR PROJECT 11 -02a , FLINTWOOD ST. NW . WHEREAS, pursuant to Resolution No. 039 -11 adopted the 3`d- -day of Ma — , 2011 a Feasibility Report has been prepared by the City Engineer for the improvements: and WHEREAS, such reports were received by the City Council on the 17 th day of Mme_ 2011 and WHEREAS, such reports declared the proposed assessments to be feasible for an estimated total project cost of $ 92 800.00 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover that: 1. The City Council hereby accepts the Feasibility Reports for Project No. 11 -02a for the improvements. 2. The Council will consider the improvements in accordance with the reports and 0 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 $ 92 800.00 3. A public hearing shall be held on such proposed improvement on the 7 th day of June , 2011 in the Council Chambers of the City Hall at 7:00 PM and the Clerk shall give mailed and published notice of such hearing and improvement as required by law. MOTION seconded by Councilmember Bukkila and adopted by the City Council at a regular meeting this 17 day of May 2011 , with Councilmembers Jacobson Bukkila Gamache Trude, Knight voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: Mi ael R. Gam the - Mayor ® liVelfl t��Q �Re - L p tt ) y 11 � Hamner – City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 041 -11 MOTION by Councilmember Jacobson to adopt the following: A RESOLUTION ACCEPTING FEASIBILITY REPORT AND CALLING PUBLIC HEARING ON IMPROVEMENTS FOR PROJECT 11 -24 , BUTTERNUT ST. NW, 173 AVE. NW & FLINTWOOD ST. NW STREET IMPROVEMENTS WHEREAS, pursuant to Resolution No. 038 -11 , adopted the 3` day of May 2011 a Feasibility Report has been prepared by the City Engineer for the improvements: and WHEREAS, such reports were received by the City Council on the 17 th day of May 2011 and WHEREAS, such reports declared the proposed assessments to be feasible for an estimated total project cost of $273,700.00 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover that: 1. The City Council hereby accepts the Feasibility Reports for Project No. 11 -24 for the improvements. 2. The Council will consider the improvements in accordance with the reports and the assessment of abutting property for all or a portion of the improvement pursuant to Minnesota Statutes Chapter 429 at an estimated total cost of the improvement of $ 273,700.00 . 3. A public hearing shall be held on such proposed improvement on the 7 th day of June , 2011 in the Council Chambers of the City Hall at 7:00 PM and the Clerk shall give mailed and published notice of such hearing and improvement as required by law. MOTION seconded by Councilmember Bukkila and adopted by the City Council at a regular meeting this 17 day of May 2011 , with Councilmembers Jacobson Bukkila Gamache, Trude, Knight voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: Mi ael R. Gamac e - Mayor M helle Hartner — Deputy City Clerk CITY OF ANDOVER Q COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 040 -11 MOTION by Council member Jacobson to adopt the following: A RESOLUTION ACCEPTING THE ALTERNATE A PRICE AND AWARDING CONTRACT FOR THE IMPROVEMENT OF PROJECT NO. 11 -14 FOR TOWER #1 . WHEREAS, pursuant to advertisement for bids as set out in Council Resolution No. 011 -11 , dated February 15 , 2011 bids were received, opened and tabulated according to law with results as follows: Contractor Total Base Total Alternate 1 M. K. Painting Inc. $384,000.00 $10,000.00 Classic Protective Coatings Inc. $431,850.00 $0.00 PCI Roads, LLC $435,100.00 $0.00 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby accept the bids as shown to indicate M.K. Painting 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 M. K. Painting Inc. in the amount of $384,000.00 (Total Base) 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 regular meeting this 29 day of March 2011 , with Council members Jacobson, Trude, Knight, Gamacge, Bukkila voting in favor of the resolution, and Council members against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: c{ chael R. Gamam e - Mayor voting w m 'L � Michelle - Deputy City Clerk CITY OF ANDOVER COUNTY OF ANOKA © STATE OF MINNESOTA RES. NO. 039 -11 MOTION by Councilmember Jacobson to adopt the following: A RESOLUTION ORDERING PREPARATION OF A REVISED FEASIBILITY REPORT FOR THE IMPROVEMENT OF PROJECT 11 -02A, 2011 STREET RECONSTRUCTION - FLINTWOOD STREET NW WHEREAS, the City Council of the City of Andover is cognizant of the need for the improvements, specifically Project 11 -02A and WHEREAS, the City Council proposes to assess the benefiting properties for all or a portion of the costs of the improvements, pursuant to Minnesota Statutes 429. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover that: 1. The City Council is cognizant of the need for improvements. 2. The proposed improvement is hereby referred to the Director of Public Works /City © Engineer and he is instructed to provide the City Council with a revised feasibility report. MOTION seconded by Councilmember Knight and adopted by the City Council at a regular meeting this 3�d day of May 2011 , with Councilmembers Jacobson, Knight, Trude, Gamache, Bukkila voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: i ��✓�- p , 'chael R. Gamache - Mayor ® IcAelle Hartner — Deputy City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA © RES. NO. 038-11 MOTION by Councilmember Jacobson to adopt the following: A RESOLUTION DECLARING ADEQUACY OF PETITION AND ORDERING PREPARATION OF A FEASIBILITY REPORT FOR THE IMPROVEMENTS OF STREET PAVING , PROJECT NO. 11 -24, BUTTERNUT ST. NW, 173 AVE. NW & FLINTWOOD ST. NW STREET IMPROVEMENTS WHEREAS, the City Council has received a petition, dated March 26, 2011 requesting the construction of improvements; and WHEREAS, such petition has been validated to contain the signatures of 16 of the 17 affected property owners requesting such improvement. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover that: 1. The petition is hereby declared as adequate. 2. The proposed improvement is hereby referred to Director of Public ® Works / City Engineer and they are instructed to provide the City Council with a feasibility report. MOTION seconded by Councilmember Knight and adopted by the City Council at a regular meeting this 3` day of May 2011, with Councilmember Jacobson, Knight, Trude, Gamache, Bukkila voting in favor of the resolution, Councilmember none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER / ATTEST: � /,� ��✓�, -- Mi ael R. Gamache - Mayor C ,� YU Mi elle Hartner- Deputy City Clerk H CITY OF ANDOVER ® COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 037 -11 MOTION by Councilmember Jacobson to adopt the following: A RESOLUTION DECLARING ADEQUACY OF PETITION AND ORDERING AMENDED ASSESSMENT ROLL FOR WATER MAIN , FOR PROJECT NO. 11-26 IN THE AREA OF 13562 CROOKED LAKE BOULEVARD NW WHEREAS, the City Council has received a petition, dated April 18, 2011 requesting the construction of improvements; and WHEREAS, such petition has been validated to represent the signatures of 100% of the affected property owners requesting such improvement. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover that: 1. The petition is hereby declared to be 100% of owners of property affected, thereby making the petition unanimous. © 2. Escrow amount for feasibility report is 0 3. The proposed improvement is hereby referred to the City Engineer and he is instructed to provide the City Council with a feasibility report. MOTION seconded by Councilmember Knight and adopted by the City Council at a regular meeting this 3` day of May , 2011 with Councilmembers , Jacobson, Knight, Trude, Gamache, Bukkila voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. ATTEST: CITY OF ANDOVER Irael R. Ga e - Mayor ® Midh elle Hartner— Deputy City Clerk X CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 036 -11 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. 11 -11 FOR ANDOVER STATION NORTH BALL FIELD PARKING LOT EXPANSION WHEREAS, the City Council is cognizant of the need for the improvements; and NOW, THEREFORE BE IT RESOLVED by the City Council to order the improvement of Andover Station North Ball Field Parkinq Lot Expansion , Project 11 -11 and ® BE IT FURTHER RESOLVED by the City Council to hereby direct the Director of Public Works /City Engineer to prepare the plans and specifications for such improvement project. MOTION seconded by Councilmember Knight and adopted by the City Council at a regular meeting this 3` day of May 2011 , with Councilmembers Jacobson, Knight, Trude, Gamache, Bukkila voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: JhkAdA Michelle Hartner — Deputy City Clerk M�hael R. Gamache - Mayor CITY OF ANDOVER COUNTY OF ANOKA Q STATE OF MINNESOTA RES. NO. 035 -11 .. v 1, A - 0 0 WHEREAS, Anoka County and the City of Andover has identified this corridor as a Regional Trail System, and, WHEREAS, Anoka County and the City of Andover have worked together in the past to make regional trail improvements to serve long -term growth and development along the Bunker Lake Boulevard corridor, and, WHEREAS, Anoka County would like to submit an application to the Transportation Advisory Board to the Metropolitan Council for 2015 and 2016 to receive federal funds to make this regional trail connection along Bunker Lake Boulevard. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANDOVER, MINNESOTA: © That the City of Andover supports Anoka County in preparing and submitting an application for funding for the regional trail system along Bunker Lake Boulevard. Adopted by the Andover City Council this 3 th day of May, 2011. CITY OF ANDOVER ATTEST: chael R. Gamac e - Mayor Mi+cei Ha ner — Deputy City Clerk H1 u CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 034 -11 A RESOLUTION AMENDING RES. NO. 047 -10 DESIGNATING NO PARKING ONLY ON THE NORTH SIDE OF 148 LANE NW BETWEEN GROUSE STREET NW AND JAY STREET NW WHEREAS, the City Council is cognizant of the public nuisance, traffic hazard and congestion; and WHEREAS, the Council believes restricting the parking in the area will be a solution to a problem. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to designate the no parking zone on the north side of 148 Lane NW between Grouse Street NW & Jay Street NW from 8:00 am to 10:00 am and 3:00 © pm to 5:00 pm, Monday through Friday from September 1 to June 1St. Adopted by the City Council of the City of Andover this 19 day of April , 2011 ATTEST: 1� ~''' M' ael 11. Gamache - Mayor Mi elle Hartner— Deputy City Clerk H © CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RESOLUTION NO. R033 -11 RESOLUTION CALLING FOR A PUBLIC HEARING BY THE CITY COUNCIL ON THE PROPOSED ADOPTION OF A MODIFICATION TO THE DEVELOPMENT PROGRAM FOR DEVELOPMENT DISTRICT NO. 1 AND THE PROPOSED ADOPTION OF THE MODIFICATIONS TO THE TAX INCREMENT FINANCING PLANS FOR TAX INCREMENT FINANCING DISTRICT NOS. 1 -1 AND 1 -2, BOTH REDEVELOPMENT DISTRICTS. BE IT RESOLVED by the City Council (the "Council ") for the City of Andover, Minnesota (the "City"), as follows: Section 1. Public Hearin This Council shall meet on June 7, 2011, at approximately 7:00 P.M., to hold a public hearing on the proposed adoption of a Modification to the Development Program for Development District No. 1 and the proposed adoption of the Modifications to the Tax Increment Financing Plans for Tax Increment Financing District Nos. 1 -1 and 1-2, which are referred to collectively herein as the "Modifications ", all pursuant to and in accordance with Minnesota Statutes, Sections 469.090 to 469.1082, Sections 469.124 to 469.134, and Sections 469.174 to 469.1799, inclusive, as amended, to authorize the use of tax increment financing for acquisition of certain parcels and to 10 encourage the development and redevelopment of certain designated areas within the City; and Section 2. Notice of Public Hearing Filing of Modifications City staff is authorized and directed to work with Ehlers & Associates, Inc., to prepare the Modifications and to forward documents to the appropriate taxing jurisdictions including Anoka County and Independent School District No. 11. The City Administrator is authorized and directed to cause notice of the hearing, together with an appropriate map as required by law, to be published at least once in the official newspaper of the City not later than 10, nor more than 30, days prior to June 7, 2011, and to place a copy of the Modifications on file in the City Administrator's office at City Hall and to make such copy available for inspection by the public. Dated: April 19, 2011 Adopted: Mike Gamache, Mayor City Administrator U CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 032 -11 MOTION by Councilmember Jacobson to adopt the following: A RESOLUTION APPROVING FINAL PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR PROJECT NO. 10 -30 CROSSTOWN DRIVE NW RECONSTRUCTION WHEREAS, pursuant to Resolution No. 028 -11 , adopted by the City Council on the 5 th day of April , 2011 , the City Engineer has prepared final plans and specifications for Project No. 10 -30 WHEREAS, such final plans and specifications were presented to the City Council for their review on the 19 day of April 2011 . 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 I May 13 2011 at the Andover City Hall. MOTION seconded by Councilmember Bukkila and adopted by the City Council at a regular meeting this 19 day of April 2011 , with Councilmembers _ Jacobson, Bukkila, Knight, Gamache Trude voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: ichael R. Gamache - Mayor Michelle Hamn er— Deputy City Clerk E n L�J CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 031 -11 MOTION by Councilmember Jacobson to adopt the following: A RESOLUTION APPROVING FINAL PLANS AND SPECIFICATIONS AND ORDERING QUOTES FOR PROJECT 11 -12, 2011 PARKING LOT MAINTENANCE WHEREAS, pursuant to Resolution No. 005 -11 adopted by the City Council on the 18 day of January 2011 the City Engineer has prepared final plans and specifications for Project No. 11 -12. and WHEREAS, such final plans and specifications were presented to the City Council for their review on the 19 day of April 1 2011 . 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 to hereby direct the City Engineer to solicit quotes for such improvement project. MOTION seconded by Councilmember Bukkila and adopted by the City Council at a regular meeting this 19 day of April 2011 , with Councilmembers Jacobson. Bukkila. Kniaht. Gamache. Trude voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: Miehael R. Gamache - Mayor ® Michelle Hartner — Deputy City Clerk u CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 030 -11 U MOTION by Councilmember Jacobson to adopt the following: A RESOLUTION ACCEPTING A CONTRIBUTION MADE TO THE CITY OF ANDOVER FOR SCOREBOARDS THAT ARE TO BE INSTALLED AT ALL 3 FIELDS AT ANDOVER STATION NORTH BALL FIELD FACILITY. WHEREAS, any contributions that are to be made to the City of Andover must be accepted by the City Council; and WHEREAS, the contribution from the Andover Baseball Association for scoreboards are to be installed at Andover Station North Ball Field Facility. NOW, THEREFORE BE IT RESOLVED by the City Council to hereby accept the contribution for the installation of 3 scoreboards by the Andover Baseball Association to be installed at Andover Station North Ball Field Facility. MOTION seconded by Councilmember Bukkila and adopted by the City Council at a regular meeting this 19th day of April 2011, with Councilmember's Jacobson. Bukkila, Knight, Gamache, Trude voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: Michelle Hartner - Deputy City Clerk Michael R. G ache - Mayor H CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA © RES. NO. R029 -11 SUPPORTING ANOKA COUNTY FEDERAL FUNDING APPLICATION FOR CSAH 116 WHEREAS, CSAH 116 is an "A" minor arterial reliever route that provides an important east -west transportation connection in Anoka County, and, WHEREAS, traffic volumes on CSAH 116 have been increasing over the past decade and are expected to continue to increase in the future as the cities in and around the roadway continue to grow, and, WHEREAS, existing and future traffic volumes are such that safety is a concern at intersections and along some segments of the corridor, and, WHEREAS, existing and future traffic volumes are such that congestion is and will continue to negatively impact the ability of the corridor to move traffic, and WHEREAS, Anoka County has identified this corridor as needing safety and capacity improvements, and, WHEREAS, Anoka County and the City of Andover have worked together in the © past to make capacity and safety improvements to other segments of CSAH 116 to serve long -term growth and development along the corridor, and, WHEREAS, Anoka County would like to submit an application to the Transportation Advisory Board to the Metropolitan Council for 2015 and 2016 to receive federal transportation funds to make capacity and safety improvements on CSAH 116. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANDOVER, MINNESOTA: That the City of Andover supports Anoka County in preparing and submitting an application for CSAH 116 in the "A" minor arterial reliever category based upon the preliminary layout presented at the March 29, 2011 council workshop. Adopted by the Andover City Council this 19 day of April 2011. CITY OF ANDOVER ATTEST: Mic ael R. Gamache - Mayor Q Mi helle Hartner— Deputy City Clerk H CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 028 -11 7 MOTION by Councilmember Jacobson to adopt the following: A RESOLUTION ORDERING THE IMPROVEMENT OF PROJECT NO. 10 -30, CROSSTOWN DRIVE NW RECONSTRUCTION) AND DIRECTING PREPARATION OF FINAL PLANS AND SPECIFICATIONS. WHEREAS, Resolution No. 017 -11 of the City Council adopted on the 1St day of March , 2011 fixed a date for a public hearing; and WHEREAS, pursuant to the required published and mailed notice such hearing was held on the 5 th day of April 2011 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. 10 -30 . MOTION seconded by Councilmember Trude and adopted by the City Council at a regular meeting this 5 th day of April 2011 with Councilmembers Jacobson Knight Gamache, Trude, Bukkila voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. ATTEST: M a er — Deputy City Clerk CITY OF ANDOVER M{ hael R. Gamache - Mayor H Q CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 027 -11 MOTION by Council member Jacobson to adopt the following: A RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR THE IMPROVEMENT OF PROJECT NOS. 11 -02B GENTHON PONDS, 11 -02C ROLLING FOREST, 11 -02D EAST BROOK TERRACE /AUDITOR'S SUBDIVISION NO. 137 AND 09 -18A HAWK RIDGE PARK TRAIL, WHEREAS, pursuant to advertisement for bids as set out in Council Resolution No. -11 dated February 16 , 2011 bids were received, opened and tabulated according to law with results as follows: Contractor Base Bid Alternate #1 Total Bid Rum River Contracting Co. $312,961.30 $198,075.10 $511,036.40 Knife River Corp. $397,587.00 $235,335.00 $632,922.00 North Valley, Inc. $370,920.45 $269,822.20 $640,742.65 ® NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby accept the bids as shown to indicate Rum River Contracting as being the apparent low bidder. BE IT FURTHER RESOLVED TO HEREBY direct the Mayor and City Clerk to enter into a contract with Rum River Contracting in the amount of $511,036.40. (Base Bid & Alternate #1) for construction of the improvements; and direct the City Clerk to return to all bidders the deposits made with their bids, except that the deposit of the successful bidder and the next two lowest bidders shall be retained until the contract has been executed and bond requirements met. MOTION seconded by Council member Knight and adopted by the City Council at a regular meeting this 5 day of April 2011 , with Council members Jacobson, Knight, Gamache, Trude, Bukkila voting in favor of the resolution, and Council members none voting — against, whereupon said resolution was declared passed. CITY �OF ANDOVER ATTEST: Mi�¢hael R. Gamache - Mayor PT, cl�ii�� M� P e Hartner — Deputy City Clerk ® Councilmember Knight introduced the following resolution and moved its adoption: CITY OF ANDOVER ANOKA COUNTY, MINNESOTA RESOLUTION NO. R026 -11 RESOLUTION SUPPORTING RECOMMENDATIONS RELATING TO THE COON RAPIDS DAM, AS APPROVED BY THE COON RAPIDS REGIONAL DAM COMMISSION WHEREAS the Coon Rapids Regional Dam (Dam) is widely recognized as a State -wide resource that includes the dam structure, the regional trail along the top of the dam walkway, the two regional parks adjacent to the dam, the six -mile long pool of water extending upriver from the dam structure to U.S. Highway 169; and WHEREAS the Dam has been deemed to be of regional and state -wide significance, providing recreational, natural resource and economic benefits to the counties of Anoka and Hennepin; and to residents within the greater metropolitan region and throughout the state of Minnesota; and WHEREAS the City of Andover desires that the Dam will continue to function for current and future generations, and that removal of the dam structure could have significant impacts to the Rum River and that is not an acceptable option; and WHEREAS the Coon Rapids Regional Dam Commission has studied options and made recommendations for the future of the Coon Rapids Dam, including its suitable public uses, governance, operation, and maintenance and financing of the dam and its operations. NOW THEREFORE BE IT RESOLVED that the Andover City Council hereby supports the following five recommendations relating to the Coon Rapids Dam, as approved by the Coon Rapids Regional Dam Commission: 1. Complete a major refurbishment of the Coon Rapids Dam for a fifty -year or greater life span. 2. Begin the work on the dam refurbishment as soon as possible. 3. Use State funds to complete the refurbishment work. 4. Keep the Coon Rapids Regional Dam Commission (authorized in Chapter 361, Minnesota Session Laws, 2010 Regular Session) in existence for up to 12 months to study and address the issues of governance, ownership, and operation of the dam. 5. Refurbishment of the Dam should be done in such a manner as to not impede future installation of hydroelectric power. H The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Trude, and upon vote being taken thereon, the following voted in favor thereof: Mayor Gamache and Councilmembers Bukkila, Jacobson, Knight and Trude And, the following voted against the same: None Whereupon said resolution was passed this 15 day of March, 2011. ich ael R Gamache, Mayor r , �J EXHIBIT I H CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 025 -11 RESOLUTION AUTHORIZING GOVERNMENTAL UNIT TO BE A PARTY TO MINNESOTA WATER AGENCY RESPONSE NETWORK (MnWARN) WHEREAS, Minnesota Statutes, Section 471.59 authorizes governmental units by agreement of their governing bodies to jointly or cooperatively exercise any power common to them; WHEREAS, MnWARN has been established by the adoption of a Mutual Aid Agreement (the Agreement) among Governmental Units to allow their water, wastewater and storm water utilities to assist each other in case of an emergency; WHEREAS, the Agreement allows other governmental units to become a party to the Agreement by the adoption of this Resolution and sending notice to the Secretary of the Statewide Committee for MnWARN; and WHEREAS, the governmental body of the City of Andover considers it to be in the best interest of the City to be a party to the Agreement. NOW, THEREFORE, BE IT RESOLVED that the City of Andover: 1. Authorizes the Mayor and Deputy City Clerk to sign the resolution evidencing the intent of the City of Andover to be a party to MnWARN; and 2. The Deputy City Clerk is directed to send a certified copy of this resolution and a completed membership information form to the Secretary of the Statewide Committee of MnWARN; and 3. The City of Andover agrees to comply with all terms of the Agreement. IN WITNESS WHEREOF, the City of Andover, by action of its governing body, caused this Resolution to be approved on April 5, 2011 CITY OF ANDOVER u ATTEST: 1-, ^ 'Michelle Hartner — Deputy City Clerk Mi ael R. Gamache - Mayor © CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R024 -11 A RESOLUTION GRANTING THE VACATION OF EASEMENT REQUEST OF TIMOTHY NELSON TO VACATE A PORTION OF THE DRAINAGE AND UTILITY EASEMENT AT 17068 BARIUM STREET NW (PIN 12- 32 -25 -23 -0008) LEGALLY DESCRIBED AS FOLLOWS: Lot 6, Block 1, TIMBER RIVER 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 Engineering Department has determined that the proposed vacation of easement will not adversely affect the floodplain or drainage in the surrounding area; and WHEREAS, the City Council finds the request would not have a detrimental effect upon the health, safety, moral, and general welfare of the City of Andover; and © NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby grants the vacation of the drainage and utility easement as indicated on Exhibit A. Adopted by the City Council of the City of Andover on this 15 day of March, 2011. CITY OF ANDOVER ATTEST Michael R. Gamache, Mayor chelle Harmer, Deputy City Clerk C CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA ® RES. NO. R023 -11 MOTION by Councilmember Jacobson to adopt the following: A RESOLUTION ADOPTING AN AMENDED ASSESSMENT REPAYMENT SCHEDULE FOR THE IMPROVEMENT OF PROJECT. 02 -33, ANDOVER STATION NORTH FOR SITE GRADING, SANITARY SEWER, WATER MAIN, STREETS, STORM SEWER, AND TRAILS & SIDEWALKS. WHEREAS, the City Council adopted Res. No. 089 -07 on June 19, 2007. A resolution adopting the assessment roll for the improvement of site grading, sanitary sewer, water main, streets, storm sewer, trails and sidewalks for Project 02 -33 Andover Station North. WHEREAS, Povlitzki Properties LLP, owners of PIN 34- 32 -24 -13 -0015, and the City are in agreement that due to current economic conditions it is appropriate to amend the repayment schedule of the outstanding assessment roll for PIN 34- 32 -24 -13 -0015 adopted as Res. No. 089 -07. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF ANDOVER, MINNESOTA: 1. Such proposed amended assessment terms, a copy of outstanding assessments which is attached hereto and made part hereof, is hereby accepted and shall constitute the amended ® special assessment payments against PIN 34- 32 -24 -13 -0015 named therein Res. No. 089- 07, and said tract of land 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 together with principal and accrued interest, extending over a period of 13 years, except for 2012 where only accrued interest will be paid. The first of the installments to be payable on or before the first Monday in January, 2008 and shall bear interest at a rate of 5.5 percent per annum from the date of the adoption of this assessment resolution (Res. No. 089 -07). 3. The owners, of any property so assessed may, at any time prior to certification of the assessment to the County Auditor, pay the whole of the assessment on such property, with interest accrued to the date of payment, to the City Treasurer. MOTION seconded by Councilmember Trude and adopted by the City Council at a regular meeting this 15 day of March , 2011 , with Councilmembers Gamache, Bukkila, Knight voting in favor of the resolution, and Councilmembers None voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: I)Ahael R. Ga ache -Mayor Michelle Hartner - City Clerk ® EXTRACT OF MINUTES OF A MEETING OF THE CITY COUNCIL OF THE CITY OF ANDOVER, MINNESOTA HELD: March 1, 2011 Pursuant to due call and notice thereof, a regular or special meeting of the City Council of the City of Andover, Anoka County, Minnesota, was duly called and held at the City Hall on March 1, 2011, at 7:00 P.M., for the purpose, in part, of authorizing the issuance and awarding the sale of $265,000 General Obligation Equipment Certificates, Series 2011A. The following members were present: Gamache, Bukkila, Jacobson, Knight, Trude and the following were absent: none Member Jacobson introduced the following resolution and moved its adoption: R022 -11 RESOLUTION PROVIDING FOR THE ISSUANCE AND SALE OF $265,000 GENERAL OBLIGATION EQUIPMENT CERTIFICATES, SERIES 2011A AND LEVYING A TAX FOR THE PAYMENT THEREOF A. WHEREAS, the City of Andover, Minnesota (the "City "), has heretofore determined and declared that it is necessary and expedient to issue $265,000 General Obligation Equipment Certificates, Series 2011A (the "Certificates" or, individually, a "Certificate "), pursuant to Minnesota Statutes, Chapter 475 and Minnesota Statutes, Section 412.301, to finance the acquisition of capital equipment for the City (the "Project "); and B. WHEREAS, each item of equipment to be financed by the Certificates has an expected useful life at least as long as the term of the Certificates; and C. WHEREAS, the principal amount of the Certificates does not exceed one - quarter of one percent (0.25 %) of the market value of the taxable property in the City ($2,472,863,600 times 0.25% is $6,182,159); and D. WHEREAS, no other obligations have been sold pursuant to a private sale within the last twelve calendar months of the date hereof which when combined with this issue would exceed the $1,200,000 limitations on negotiated sales as required by Minnesota Statutes, Section 475.60, Subdivision 2(2); and; and NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Andover, Minnesota, as follows: 1. Acceptance of Offer The offer of 1 st Regents Bank, Andover, Minnesota, to purchase the Certificates and to pay therefor the sum of $265,000, all in accordance with the © terms and at the rate of interest hereinafter set forth, is hereby accepted. 3626588v1 ® 2. Original Issue Date; Denominations; Maturities; Interest The City shall forthwith issue the Certificates, which shall be in fully registered form without interest coupons, shall be dated, mature, bear interest and be payable as provided in the form of the Certificate. 3. Purpose The Certificates shall provide funds to finance the Project, particularly for the acquisition of capital equipment having a useful life at least as long as the Certificates. 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 amount of the Certificates. 4. Registrar The Clerk, City of Andover, Minnesota, is appointed to act as registrar and transfer agent with respect to the Certificates (the "Registrar "), and shall do so unless and until a successor Registrar is duly appointed, all pursuant to any contract the City and Registrar shall execute which is consistent herewith. The Registrar shall also serve as paying agent unless and until a successor paying agent is duly appointed. Principal and interest on the Certificates shall be paid to the registered holders (or record holders) of the Certificates in the manner set forth in the form of Certificate. 5. Form of Certificate The Certificates, together with the Registrar's Certificate of Registration, shall be in substantially the following form: H H 2 3626588v1 I M ] UNITED STATES OF AMERICA STATE OF MINNESOTA ANOKA COUNTY CITY OF ANDOVER R -1 $265,000 GENERAL OBLIGATION EQUIPMENT CERTIFICATE, SERIES 2011A Interest Rate Final Maturity Date Date of Original Issue 2.00% February 1, 2014 April 1, 2011 REGISTERED OWNER: 1ST REGENTS BANK PRINCIPAL AMOUNT: TWO HUNDRED SIXTY -FIVE THOUSAND 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, duly certified on the Certificate of Registration attached to and made a part of this Certificate (the "Owner "), in the manner hereinafter set forth, the $265,000 principal ® amount of this Certificate in the principal installments due on February 1 of the years and in the amounts, respectively, as follows, with each such principal installment bearing interest until paid at the interest rate of 2.00% per annum: Principal Installments Due February I Amount 2012 $76,000 2013 94,000 2014 95,000 Interest shall be payable semiannually on February 1 and August 1 of each year, commencing August 1, 2011, and shall be calculated on the basis of a 360 day year consisting of twelve 30 day months. At the time of final payment of all principal of and interest on this Certificate, the Registered Owner shall surrender this Certificate to the City Clerk at the City Hall, in Andover, Minnesota. No Optional Redemption The Certificates of this issue (the "Certificates ") are not subject to redemption and prepayment prior to their stated maturity dates. Issuance; Purpose; General Obli ation This Certificate is issued as a single instrument pursuant to and in full conformity with the Constitution and laws of the State of Minnesota and pursuant to a resolution adopted by the City Council on March 1, 2011 (the "Resolution "), for the purpose of providing money to finance the purchase of various items of capital equipment for the Issuer. This Certificate is payable out of the General Obligation Equipment Certificates, Series 36265880 © 2011A Fund of the Issuer. This Certificate 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. Manner of Pam The principal of and interest on this Certificate are payable when due by check or draft mailed or otherwise delivered by or on behalf of the Clerk to the Owner hereof as of the end of the first day of the month, whether or not a business day (the "Record Date "), of the applicable payment due date; provided that if the Issuer shall be in default in payment of interest due on said date, whenever money becomes available for payment of such defaulted interest, the Clerk shall establish a special Record Date with respect to the payment thereof and shall mail written notice of the special Record Date not less than fifteen days prior to such date to the person that was the Owner of the Certificate as of the close of business of the Issuer on the fifth business day of the Issuer preceding such mailing, and the Owner as of the special Record Date shall be entitled to receive the payment of such defaulted interest. All principal of and interest on this Certificate are payable in any coin or currency of the United States of America which on the date of payment is legal tender for the payment of public and private debts. Date of Payment Not a Business Day If the nominal date for payment of any principal of or interest on this Certificate shall not be a business day of the Issuer or of the Owner, then the date for such payment shall be the next such business day and payment on such business day shall have the same force and effect as if made on the nominal date of payment. Transfer This Certificate is transferable, as provided in the Resolution, upon the Register kept by the Clerk upon surrender of this Certificate together with a written instrument of transfer duly executed by the Owner or the Owner's attorney duly authorized in writing, and thereupon a new, fully registered Certificate in the same aggregate principal amount shall be issued to the transferee in exchange therefor (or the transfer shall be duly recorded on the Register and the Certificate of Registration hereof), upon the payment of charges and satisfaction of applicable conditions, if any, as therein prescribed; provided that such transfer may occur only with respect to the entire Certificate and all of the remaining principal amount of the sole final maturity hereof. The Issuer may treat and consider the person in whose name this Certificate is registered as the absolute Owner hereof for the purpose of receiving payment of or on account of the principal of and interest on this Certificate (except for the payment of interest to the Owner as of a Record Date) and for all other purposes whatsoever. Qualified Tax -Exem tp Obligation This Certificate 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 Certificate, have been done, have happened and have been performed, in regular and due form, time and manner as required by law and that ® this Certificate, together with all other debts of the Issuer outstanding on the date of original L! 3626588v1 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 Certificate to be executed on its behalf by the manual signatures of its Mayor and its Clerk, the corporate seal of the Issuer having been intentionally omitted as permitted by law. Date of Registration: CITY OF ANDOVER, ANOKA COUNTY, MINNESOTA April 1, 2011 REGISTRABLE BY AND PAYABLE AT: City Clerk City of Andover, Minnesota \J H 5 3626588v1 0 CERTIFICATE OF REGISTRATION The transfer of ownership of the principal amount of the attached Certificate may be made only by the registered owner or the registered owner's legal representative last noted below: DATE OF REGISTRATION REGISTERED OWNER 1 0 H SIGNATURE OF REGISTRAR 3626588v1 © 6. Execution The Certificates shall be executed on behalf of the City by the manual signatures of its Mayor and Clerk, the seal having been omitted as permitted by law. In the event of disability or resignation or other absence of either such officer, the Certificates may be signed by the signature of that officer who may act on behalf of such absent or disabled officer. In case either such officer whose signature shall appear on the Certificates shall cease to be such officer before the delivery of the Certificates, such signature shall nevertheless be valid and sufficient for all purposes, the same as if the officer had remained in office until delivery 7. Delivery; Application of Proceeds The Certificates when so prepared and executed shall be delivered by the Clerk to the Purchaser upon receipt of the purchase price and the Purchaser shall not be obliged to see to the proper application thereof. 8. Funds and Accounts and Subaccounts There is hereby created a special fund to be designated the "General Obligation Equipment Certificates, Series 2011A Fund" (the "Fund ") to be administered and maintained by the Clerk as a bookkeeping account separate and apart from all other funds maintained in the official financial records of the City. The Fund shall be maintained in the manner herein specified until all of the Certificates and the interest thereon have been fully paid. There shall be maintained in the Fund the following separate accounts: (a) Capital Account To the Capital Account there shall be credited the proceeds of the sale of the Certificates, less accrued interest. From the Capital Account there shall be paid all costs and expenses of the acquisition of the Project including all 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 Certificates may also be used to the extent necessary to pay interest on the Certificates due prior to the anticipated date of commencement of the collection of taxes herein levied. (b) Debt Service Account There are hereby irrevocably appropriated and pledged to, and there shall be credited to, the Debt Service Account: (i) all accrued interest received upon delivery of the Certificates; (ii) any collections of all taxes heretofore, herein or hereafter levied for the payment of the Certificates and interest thereon; (iii) all funds remaining in the Capital Account after the payment of all costs of the Project; (iv) all investment earnings on funds held in the Debt Service Account; and (v) any and all other moneys which are properly available and are appropriated by the governing body of the City to the Debt Service Account. The Debt Service Account shall be used solely to pay the principal and interest of the Certificates and any other general obligation certificates of the City hereafter issued by the City and made payable from said account as provided by law. No portion of the proceeds of the Certificates 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 Certificates 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 Certificates or $100,000. To this effect, any proceeds of the Certificates 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 certificates payable therefrom) in 3626588v1 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 Certificates to be "federally guaranteed" within the meaning of Section 149(b) of the Internal Revenue Code of 1986, as amended (the "Code "). 9. Tax Levy; Coverage Test To provide moneys for payment of the principal and interest on the Certificates 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 2011 2012 $102,107 2012 2013 $101,745 The tax levies are such that if collected in full they will produce at least five percent in excess of the amount needed to meet when due the principal and interest payments on the Certificates. The tax levies shall be irrepealable so long as any of the Certificates 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. The City has heretofore levied taxes in an amount sufficient to pay interest due on the Certificates on August 1, 2011. 10. General Obligation Pledge For the prompt and full payment of the principal and interest on the Certificates, as the same respectively become due, the full faith, credit and taxing powers of the City shall be and are hereby irrevocably pledged. If the balance in the Debt Service Account is ever insufficient to pay all principal and interest then due on the Certificates and any other certificates 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. 11. Certificate of Registration The Clerk is hereby directed to file a certified copy of this resolution with the Director of Property Records and Taxation of Anoka County, Minnesota, together with such other information as the Director shall require, and to obtain from the Director a certificate that the Certificates have been entered in the Director's Register and that the tax levy required by law has been made. 12. 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 Certificates, certified copies of all proceedings and records of the City relating to the Certificates and to the financial condition and affairs of the City, and such other affidavits, 3626588v1 © certificates and information as are required to show the facts relating to the legality and marketability of the Certificates 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. 13. Compliance With Reimbursement Certificate 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 Certificates, being those portions thereof which will be used by the City to reimburse itself for any expenditure which the City paid or will have paid prior to the Closing Date (a "Reimbursement Expenditure "). The City hereby certifies and/or covenants as follows: (a) Not later than sixty days after the date of payment of a Reimbursement Expenditure, the City (or person designated to do so on behalf of the City) has made or will have made a written declaration of the City's official intent (a "Declaration ") which effectively (i) states the City's reasonable expectation to reimburse itself for the payment of the Reimbursement Expenditure out of the proceeds of a subsequent borrowing; (ii) gives a general and functional description of the property, project or program to which the Declaration relates and for which the Reimbursement Expenditure is paid, or identifies a specific fund or account of the City and the general functional purpose thereof from which the Reimbursement Expenditure was to be paid (collectively the "Project "); and (iii) states the maximum principal amount of debt expected to be issued by the City for the purpose of financing the Project; provided, however, that no such Declaration shall necessarily have been made with respect to: (i) "preliminary expenditures" for the Project, defined in the Reimbursement Regulations to include engineering or architectural, surveying and soil testing expenses and similar prefatory costs, which in the aggregate do not exceed 20% of the "issue price" of the Certificates, and (ii) a de minimis amount of Reimbursement Expenditures not in excess of the lesser of $100,000 or five percent of the proceeds of the Certificates. (b) Each Reimbursement Expenditure is a capital expenditure or a cost of issuance of the Certificates 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 Certificates 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. Each such reimbursement allocation will be made in a writing that evidences the City's use of Certificate proceeds to reimburse the Reimbursement Expenditure and, if made within thirty days after the Certificates are issued, shall be treated as made on the day the Certificates are issued. 0 36265880 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 Certificates stating in effect that such action will not impair the tax - exempt status of the Certificates. 14. Defeasance When all Certificates have been discharged as provided in this paragraph, all pledges, covenants and other rights granted by this resolution to the registered holders of the Certificates shall, to the extent permitted by law, cease. The City may discharge its obligations with respect to any Certificates which are due on any date by irrevocably depositing with the Registrar on or before that date a sum sufficient for the payment thereof in full; or if any Certificate should not be paid when due, it may nevertheless be discharged by depositing with the 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 Certificates, subject to the provisions of law now or hereafter authorizing and regulating such action, by depositing irrevocably in escrow, with a suitable banking institution qualified by law as an escrow agent for this purpose, cash or securities described in Minnesota Statutes, Section 475.67, Subdivision 8, bearing interest payable at such times and at such rates and maturing on such dates as shall be required, without regard to sale and/or reinvestment, to pay all amounts to become due thereon to maturity or, if notice of redemption as herein required has been duly provided for, to such earlier redemption date. 15. Negative Covenant as to Use of Proceeds and Project The City hereby covenants not to use the proceeds of the Certificates 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 Certificates to be "private activity bonds" within the meaning of Sections 103 and 141 through 150 of the Code. 16. Tax - Exempt Status of the Certificates, 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 Certificates, including without limitation (i) requirements relating to temporary periods for investments, (ii) limitations on amounts invested at a yield greater than the yield on the Certificates, and (iii) the rebate of excess investment earnings to the United States, if the Certificates (together with other obligations reasonably expected to be issued and outstanding at one time in this calendar year) exceed the small issuer exception amount of $5,000,000. For purposes of qualifying for the exception to the federal arbitrage rebate requirements for governmental units issuing $5,000,000 or less of bonds, the City hereby finds, determines and declares that (i) the Certificates are issued by a governmental unit with general taxing powers, (ii) no Certificate is a private activity bond, (iii) ninety -five percent or more of the net proceeds of the Certificates are to be used for local governmental activities of the City (or of a governmental unit the jurisdiction of which is entirely within the jurisdiction of the City), and (iv) the aggregate face amount of all tax exempt bonds (other than private activity bonds) issued by the City (and all subordinate entities thereof, and all entities treated as one issuer with the City) during the calendar year in which the Certificates are issued and outstanding at one time is not reasonably expected to exceed $5,000,000, all within the meaning of Section 148(f)(4)(D) of the Code. ID] 3626588v1 17. Designation of Qualified Tax- Exempt Obligations In order to qualify the Certificates 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 Certificates are issued after August 7, 1986; (b) the Certificates are not "private activity bonds" as defined in Section 141 of the Code; (c) the City hereby designates the Certificates as "qualified tax- exempt obligations" for purposes of Section 265(b)(3) of the Code; (d) the reasonably anticipated amount of tax - exempt obligations (other than private activity bonds, treating qualified 501(c)(3) bonds as not being private activity bonds) which will be issued by the City (and all entities treated as one issuer with the City, and all subordinate entities whose obligations are treated as issued by the City) during this calendar year 2011 will not exceed $10,000,000; and (e) not more than $10,000,000 of obligations issued by the City during this calendar year 2011 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. 18. 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. 19. Headings Headings in this resolution are included for convenience of reference only and are not a part hereof, and shall not limit or define the meaning of any provision hereof. The motion for the adoption of the foregoing resolution was duly seconded by member Trude and, after a full discussion thereof and upon a vote being taken thereon, the following voted in favor thereof: Gamache, Bukkila, Jacobson, Knight, Trude and the following voted against the same: none Whereupon the resolution was declared duly passed and adopted. H 11 3626588v1 © STATE OF MINNESOTA COUNTY OF ANOKA CITY OF ANDOVER I, the undersigned, being the duly qualified and acting Clerk of the City of Andover, Minnesota, DO HEREBY CERTIFY that I have compared the attached and foregoing extract of minutes with the original thereof on file in my office, and that the same is a full, true and complete transcript of the minutes of a meeting of the City Council duly called and held on the date therein indicated, insofar as such minutes relate to providing for the issuance and sale of $265,000 General Obligation Equipment Certificates, Series 2011A. WITNESS my hand on March 1, 2011. S 12 3626588v1 E MOTION by Council member CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 021 -11 Jacobson to adopt the following: A RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR THE IMPROVEMENT OF PROJECT NO. 11 -05 FOR 2011 PAVEMENT MARKINGS WHEREAS, pursuant to the Joint Powers Agreement with Coon Rapids, bids were received, opened and tabulated according to law on February 25 , 2011 at Coon Rapids City Hall with results as follows: Contractor Andover's Portion Highway Technologies $21,640.80 Traffic Marking Service $25,873.00 AAA Striping $27,755.20 Fahrner Asphalt Sealers $32,044.00 Engineer's Estimate $24,060.00 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby accept the bids as shown to indicate Highway Technologies as being the apparent low bidder. BE IT FURTHER RESOLVED TO HEREBY direct the Mayor and City Clerk to enter into a contract with Highway Technologies in the amount of $ 21.640.80 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 two lowest bidders shall be retained until the contract has been executed and bond requirements met. MOTION seconded by Council member Bukkila and adopted by the City Council at a regular meeting this 1 St day of March , 2011 , with Council members Jacobson, Bukkila, Gamache, Trude, Knight voting in favor of the resolution, and Council members none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: Q ichael R. Gamache - Mayor Mi helle Hartner— Deputy City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 020 -11 MOTION by Council member Jacobson to adopt the following: A RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR THE IMPROVEMENT OF PROJECT NO. 11 -04 FOR 2011 SEAL COATING WHEREAS, pursuant to the Joint Powers Agreement with Coon Rapids, bids were received, opened and tabulated according to law on February 25 , 2011 at Coon Rapids City Hall with results as follows: Contractor Andover's Portion Allied Blacktop Company $332,552.00 ASTECH Corp. $371,708.00 Pearson Brothers, Inc. $374,094.00 Engineer's Estimate $389,590.00 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby accept the bids as shown to indicate Allied Blacktop Company as being the apparent low bidder. BE IT FURTHER RESOLVED TO HEREBY direct the Mayor and City Clerk to enter into a contract with Allied Blacktop Company in the amount of $ 332,552.00 for construction of the improvements; and direct the City Clerk to return to all bidders the deposits made with their bids, except that the deposit of the successful bidder and the next two lowest bidders shall be retained until the contract has been executed and bond requirements met. MOTION seconded by Council member Bukkila and adopted by the City Council at a regular meeting this 1 St day of March , 2011 , with Council members Jacobson, Bukkila, Gamache, Trude, Knight voting in favor of the resolution, and Council members none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: ® 'chael R. Gamache - Mayor Michelle Hartner — Deputy City Clerk the Anoka County Joint Law Enforcement Council (JLEC) was formed to benefit the public safety of the citizens of Anoka County; the JLEC has nearly four decades of experience successfully creating and managing shared services for its member communities; WHEREAS, the City of Andover has actively participated in the JLEC through the participation of our chief law enforcement officer and our elected officials; and WHEREAS, the safety of the public and police and fire personnel will be enhanced by improvements in the speed and accuracy of shared public safety information systems; and WHEREAS, the public safety databases are aging and outdated, do not support effective data sharing, and do not support data archiving and crime analysis activities, and significant public safety staff resources may be redirected from redundant data entry to more effective public safety efforts; both residents of and public safety agencies in Anoka County benefitted from improved public safety, increased effectiveness, due to the resulting economies of scale provided by shared and consolidated services; and WHEREAS, the JLEC desires to implement a comprehensive shared public safety information system in Anoka County whereby law enforcement, fire, jail, dispatch, and emergency preparedness data may be maintained and shared; WHEREAS, the JLEC and the Anoka County Board support a legislative change to allow the use of the specific bonding authority provided in Minnesota Statute 383E to fund county-wide public safety projects; NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover does with this action, support and endorse a countywide integrated public safety information system; ® BE IT FURTHER RESOLVED that the City Council does hereby support the expansion of the public safety bonding authority currently provided by Minnesota State Statue 383E to fund county -wide public safety projects. Adopted by the Andover City Council on the 1 St day of March 2011. CITY OF ANDOVER ATTEST: ichael R. Gamache - Mayor Mi helle Hartner — Deputy City Clerk H P X CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO R018 -11 A RESOLUTION APPROVING THE FINAL PLAT OF "WOODLAND ESTATES FIFTH ADDITION" FOR WOODLAND DEVELOPMENT ON PROPERTY LEGALLY DESCRIBED ON EXHIBIT A WHEREAS, the City Council has approved the preliminary plat of the project to be known as "Woodland Estates 5 th Addition",- and WHEREAS, the Developer has presented the final plat of Woodland Estates 5 th Addition; and WHEREAS; the City 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 Woodland Estates 5 th Addition contingent upon the following: 1. The Final Plat shall conform to the drawing stamped received by the City of Andover on February 9, 2011 and the conditions of Resolution R061 -10. 2. A separate maintenance vehicle access agreement shall be provided for a twenty foot wide area centered on the property line shared by Lots 3 and 4, Block 2. 3. The developer obtains all necessary permits from the Coon Creek Watershed District, DNR, Corps of Engineers, LGU, MPCA, Anoka County Highway Department and any other agency that may be interested in the site. 4. Park dedication and trail fees shall be paid for each unit based on the rate in effect at the time of preliminary plat approval. 5. The developer shall be responsible for the cost of construction of all improvements proposed as a part of the preliminary plat. 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 1" day of March, 2011. CITY OF ANDOVER TTES ,, f Mi belle Hartner, Deputy City Clerk bdichael R. Gamache, Mayor H CITY OF ANDOVER ® COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 017 -11 MOTION by Councilmember Jacobson to adopt the following: A RESOLUTION ACCEPTING FEASIBILITY REPORT AND CALLING PUBLIC HEARING ON THE IMPROVEMENT OF PROJECT NO. 10 -30, CROSSTOWN DRIVE NW RECONSTRUCTION WHEREAS, pursuant to Resolution No. 002 -11 adopted the 18 day of January , 2011 a Feasibility Report has been prepared by the City Engineer for the improvement: and WHEREAS, such reports were received by the City Council on the 1 day of March 2011 and WHEREAS, such reports declared the proposed assessments to be feasible for an estimated total project cost of $ 341,880.00 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover that: 1. The City Council hereby accepts the Feasibility Reports for Project No. 10 -30 for ® the improvements. 2. The Council will consider the improvements in accordance with the reports and the assessment of abutting property for all or a portion of the improvement pursuant to Minnesota Statutes Chapter 429 at an estimated total cost of the improvement of $ 341,880.00 3. A public hearing shall be held on such proposed improvement on the 5th day of April , 2011 in the Council Chambers of the City Hall at 7:00 PM and the Clerk shall give mailed and published notice of such hearing and improvement as required by law. MOTION seconded by Councilmember Bukkila and adopted by the City Council at a regular meeting this 1 day of March 2011 , with Councilmembers Jacobson Bukkila, Gamache, Trude, Knight voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: "r M' ael R. Gamache - Mayor Mi helle�Hartner—Deputy City Clerk x CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 016 -11 MOTION by Councilmember Jacobson to adopt the following: A RESOLUTION APPROVING CHANGE ORDER #1 TO PROJECT NO. 08 -8, SUNSHINE PARK SKATEBOARD FACILITY WHEREAS, the City of Andover has a contract for Project No. 08 -8, Sunshine Park Skateboard Facility with Landmark Concrete, Inc. of East Bethel, MN NOW THEREFORE, BE IT RESOLVED by the City Council of Andover to hereby approve the change order to Project No. 08 -8 Adopted by the City Council of the City of Andover this March . 1 2011 1 St day of CITY OF ANDOVER ATTEST: Michael R. Gamache — Mayor (�helle HartneA ep uty City Clerk H Councilmember Knight introduced the following resolution and moved for its adoption: ® RESOLUTION # R015 -11 JOINT RESOLUTION OF THE CITIES OF ANDOVER, ANOKA AND RAMSEY, REQUESTING ANOKA COUNTY TO CONSIDER A STUDY OF ROADWAY DESIGN OPTIONS TO OPTIMIZE BUSINESS OPPORTUNITIES, WHILE MAINTAINING REASONABLE TRAFFIC SAFETY STANDARDS WHEREAS, the cities of Andover, Anoka and Ramsey have an interest in maintaining a reasonable safety standard of construction for all roads within their respective communities, and WHEREAS, the cities of Andover, Anoka and Ramsey have cooperated with Anoka County in the past to construct miles of public roads and road related improvements that serve the needs of the public for a safe and reliable road transportation system, and WHEREAS, the cities of Andover, Anoka and Ramsey share a mutual interest of creating an environment for economic prosperity, maintaining property values, and sustaining local business, and WHEREAS, the cities of Andover, Anoka and Ramsey wish to cooperate with Anoka County to explore road design options that optimize business opportunities and maintain property values, while maintaining a reasonable safety standard for the traveling public, and © WHEREAS, the cities of Andover, Anoka and Ramsey believe that it is important to review current roadway design standards as they relate to the impact on, and access to, local businesses, and WHEREAS, the cities of Andover, Anoka and Ramsey all have properties near County intersections that are impacted by Anoka County's design and access control decisions, and WHEREAS, the cities of Andover, Anoka and Ramsey believe that access to commercial property should be reviewed to determine what, if any, improvements could be made to create an environment for economic prosperity, to improve property values, and to sustain local business. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCILS OF THE CITY OF ANDOVER, THE CITY OF ANOKA AND THE CITY OF RAMSEY, ANOKA COUNTY, STATE OF MINNESOTA, as follows: 1. The cities of Andover, Anoka and Ramsey hereby request that Anoka County conduct a study of road design options that optimize business opportunities, while maintaining a reasonable traffic safety standards for the traveling public, and 2. The cities of Andover, Anoka and Ramsey request that Anoka County consider a county- wide road design policy that takes into account the interests of local communities to Page 1 of 2 © create an environment for economic prosperity, to improve property values, and to enhance local business, and 3. The cities of Andover, Anoka and Ramsey hereby request that Anoka County conduct a study of selected specific intersections to determine what improvements could be made to improve business access, while maintaining a reasonable traffic safety standard for the traveling public. City of Andover The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Bukkila and upon vote being taken thereon, the following voted in favor thereof: Mayor Gamache Councilmember Bukkila Councilmember Jacobson Councilmember Knight Councilmember Trude and the following voted against: none © and the following abstained: none x and the following were absent: none Whereupon said resolution was declared duly passed and adopted by the Andover City Council this the 15 day of February 2011. over Mayor TTES o er CieClerk Page 2 of 2 ® CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 014 -11 MOTION by Councilmember Trude to adopt the following: A RESOLUTION ORDERING IMPROVEMENT, APPROVING FINAL PLANS AND SPECIFICAITONS AND ORDERING ADVERTISEMENT FOR BIDS FOR PROJECT NO. 09 -18A FOR HAWKRIDGE PARK TRAIL 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 Hawkridge Park Trail , Project 09 -18A WHEREAS, final plans were presented to the City Council for their review on the 15 day of February 2011 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 17 , 2011 at the Andover City Hall. MOTION seconded by Councilmember Bukkila and adopted by the City Council at a regular meeting this 15 day of February 2011 , with Councilmembers Trude Bukkila, Jacobson, Knight, Gamache voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: chaerk. Ga ache - Mayor © Mi6helle Hartner — Deputy City Clerk CITY OF ANDOVER Q COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 013 -11 MOTION by Councilmember Knight 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 EXTENSION , PROJECT NO. 11-16 FOR THE ROSELLA SONSTEBY PROPERTY WHEREAS, the City Council has received a petition, dated January 26, 2011 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 3. The proposed improvement is hereby referred to the City Engineer and he is instructed to provide the City Council with a feasibility report. MOTION seconded by Councilmember Jacobson and adopted by the City Council at a regular meeting this 15 day of February , 2011 with Councilmembers Trude Bukkila, Jacobson, Knight, Gamache 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 A A. , LiuJ , l a/, ® Michelle Hartner — Deputy City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 012 -11 MOTION by Councilmember Trude to adopt the following: A RESOLUTION APPROVING FINAL PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR 2011 STREET RECONSTRUCTION PROJECT NOS. 11 -02B (GENTHON PONDS) 11 -02C (ROLLING FOREST) & 11 -2D (EAST BROOK TERRACE & AUD. SUB. NO. 137) WHEREAS, pursuant to Resolution No. 007 -11. 009 -11 & 010 -11 , adopted by the City Council on the 18 day of January 2011 , the City Engineer has prepared final plans and specifications for Project Nos. 11 -02B, 11 -02C, & 11 -02D WHEREAS, such final plans and specifications were presented to the City Council for their review on the 15 day of February , 2011 . 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 , Thursday, March 17, 2011 at the Andover City Hall. MOTION seconded by Councilmember Bukkila and adopted by the 5City Council at a regular meeting this 16 day of February 2010 with Councilmembers Trude Bukkila Jacobson Knight, Gamache voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. ATTEST: CITY OF ANDOVER ichael R. amache - Mayor Mi elle Hartner — Deputy City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 011 -11 MOTION by Councilmember Trude to adopt the following: A RESOLUTION APPROVING FINAL PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FORBIDS FOR PROJECT NO. 11 -14 FOR TOWER #1 WHEREAS, pursuant to Resolution No. 109 -10 , adopted by the City Council on the 21 day of December , 2010 , SEH has prepared final plans and specifications for Project 11 -14 for Tower #1 . WHEREAS, such final plans and specifications were presented to the City Council for their review on the 15 day of February , 2011 . NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby approve the Final Plans and Specifications. © BE IT FURTHER RESOLVED by the City Council of the City of Andover to hereby direct the City Clerk to seek public bids as required by law, with such bids to be opened at 2:00 pm March 17 , 2011 at the Andover City Hall. MOTION seconded by Councilmember Bukkila and adopted by the City Council at a regular meeting this 15 day of February 2011 , with Councilmembers Trude, Bukkila, Jacobson, Knight, Gamache voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: ichael R. Gamache - Mayor Mi helle Hartner — Deputy City Clerk © CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 010 -11 MOTION by Councilmember Jacobson to adopt the following: A RESOLUTION ORDERING THE IMPROVEMENT OF 2011 STREET RECONSTRUCTION PROJECT NO. 11 -2d (EAST BROOK TERRACE & AUDITOR'S SUB. 137) AND DIRECTING PREPARATION OF FINAL PLANS AND SPECIFICATIONS. WHEREAS, Resolution No. 103 -10 of the City Council adopted on the 21 day of December , 2010 fixed a date for a public hearing; and WHEREAS, pursuant to the required published and mailed notice such hearing was held on the 18 day of January , 2011 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. 11 -2d . MOTION seconded by Councilmember Knight and adopted by the City Council at a regular meeting this 18 day of January 2011 with Councilmembers Knight, Jacobson, Gamache, Trude, Bukkila voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: Miefiael R. Gamache - Mayor 1 MICHelle Hartner— Deputy City Clerk E'J CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 009 -11 R MOTION by Councilmember Trude to adopt the following: A RESOLUTION ORDERING THE IMPROVEMENT OF 2011 STREET RECONSTRUCTION PROJECT NO. 11 -2c (ROLLING FOREST) AND DIRECTING PREPARATION OF FINAL PLANS AND SPECIFICATIONS. WHEREAS, Resolution No. 103 -10 of the City Council adopted on the 21 day of December , 2010 fixed a date for a public hearing; and WHEREAS, pursuant to the required published and mailed notice such hearing was held on the 18 day of January , 2011 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. 11 -2c . MOTION seconded by Councilmember Jacobson and adopted by the City Council at a regular meeting this 18 day of January , 2011 with Councilmembers Knight Jacobson, Gamache, Trude, Bukkila voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. ATTEST: Michelle Hartner — Deputy City Clerk CITY OF ANDOVER Michael R. Gamache - Mayor X u CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 008 -11 lJ MOTION by Councilmember Bukkila to adopt the following: A RESOLUTION REJECTING THE FEASIBILITY REPORT AND PERMINATING PROJECT NO. 11 -2a (FLINTWOOD STREET NW), 2011 STREET RECONSTRUCTION WHEREAS, the City Council had previously approved Project 11 -2a (Flintwood Street NW, 2011 Street Reconstruction and WHEREAS, the property owners are not willing to move forward with the project at this time. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby reject the feasibility report and terminate Project 11 -2a (Flintwood Street NW, 2011 Street Reconstruction MOTION seconded by Councilmember Knight and adopted by the City Council at a regular meeting this 18 day of January 2011 with Councilmembers Knight, Jacobson, Gamache, Trude, Bukkila voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. ATTEST: Mi helle Hartner — Deputy City Clerk CITY OF ANDOVER Mi hael R. Gamache - Mayor H H CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 007 -11 X MOTION by Councilmember Jacobson to adopt the following: A RESOLUTION ORDERING THE IMPROVEMENT OF 2011 STREET RECONSTRUCTION PROJECT NO. 11 -2b (GENTHON PONDS) AND DIRECTING PREPARATION OF FINAL PLANS AND SPECIFICATIONS. WHEREAS, Resolution No. 103 -10 of the City Council adopted on the 21' day of December , 2010 fixed a date for a public hearing; and WHEREAS, pursuant to the required published and mailed notice such hearing was held on the 18 day of January 2011 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. 11 -2b . MOTION seconded by Councilmember Bukkila and adopted by the City Council at a regular meeting this 18 day of January , 2011 with Councilmembers Knight, Jacobson, Trude, Bukkila voting in favor of the resolution, and Councilmembers Gamache voting against, whereupon said resolution was declared passed. ATTEST: Michelle Hartner— Deputy City Clerk CITY OF ANDOVER Mic ael R. Gamache - Mayor [AD] 4 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R006 -11 MOTION by Councilmember Knight to adopt the following: A RESOLUTION ACCEPTING A CONTRIBUTION MADE TO THE CITY OF ANDOVER TO BE USED TOWARDS THE OPERATIONS OF THE ANDOVER FIRE DEPARTMENT. WHEREAS, any contributions that are to be made to the City of Andover must be accepted by the City Council; and WHEREAS, the contribution from Kwik Trip, Inc. of $2,000 is to be used towards the operations of the Andover Fire Department. NOW, THEREFORE BE IT RESOLVED by the City Council to hereby accept the contribution, which is to be used towards the operations of the Andover Fire Department. MOTION seconded by Councilmember Jacobson and adopted by the City Council at a regular meeting this 18th day of January 2011, with Councilmembers Gamach, Bukkila, Trude voting in favor of the resolution, and Councilmembers None voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: W,"W,: z Whael R. Gamache - Mayor Mi helle Hartner - Deputy City Clerk u © CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 005 -11 MOTION by Councilmember Knight to adopt the following: A RESOLUTION ORDERING IMPROVEMENT AND DIRECTING PREPARATION OF PLANS AND SPECIFICATIONS FOR PROJECT NO. 11 -12 FOR 2011 PARKING LOT MAINTENANCE . WHEREAS, the City Council is cognizant of the need for maintaining City owned parking lots through routine maintenance; and NOW, THEREFORE BE IT RESOLVED by the City Council to order the improvement of 2011 Parking Lot Maintenance , Project 11 -12 and BE IT FURTHER RESOLVED by the City Council to hereby direct the _ Director of Public Works /City Engineer to prepare the plans and specifications for such improvement project. MOTION seconded by Councilmember Jacobson and adopted by the © City Council at a regular meeting this 18 day of January , 2011 , with Councilmembers Knight, Jacobson, Gamache, Trude, Bukkila voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. ATTEST: Mic elle Hartner — Deputy Clerk CITY OF ANDOVER 'chael R. Gamache - Mayor U © CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 004 -11 MOTION by Councilmember Knight to adopt the following: A RESOLUTION ORDERING IMPROVEMENT AND DIRECTING PREPARATION OF PLANS AND SPECIFICATIONS FOR PROJECT NO. 11 -05 FOR 2011 PAVEMENT MARKINGS . WHEREAS, the City Council is cognizant of the need for the pavement markings improvements; and NOW, THEREFORE BE IT RESOLVED by the City Council to order the improvement of 2011 Pavement Markings , Project 11 -05 and BE IT FURTHER RESOLVED by the City Council to hereby direct the Director of Public Works /City Engineer to prepare the plans and specifications for such improvement project. MOTION seconded by Councilmember Jacobson and adopted by the © City Council at a regular meeting this 18 day of January 2011 , with Councilmembers Knight, Jacobson, Gamache, Trude, Bukkila voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. ATTEST: Michelle Hartner— Deputy Clerk CITY OF ANDOVER chael R. Gamache - Mayor ❑a CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 003 -11 MOTION by Councilmember Knight to adopt the following: A RESOLUTION ORDERING IMPROVEMENT AND DIRECTING PREPARATION OF PLANS AND SPECIFICATIONS FOR PROJECT NO. 11 -04 FOR 2011 SEAL COATING WHEREAS, the City Council is cognizant of the need for the seal coating improvements; and NOW, THEREFORE BE IT RESOLVED by the City Council to order the improvement of 2011 Seal Coatinq , Project 11 -04 and BE IT FURTHER RESOLVED by the City Council to hereby direct the Director of Public Works /City Engineer to prepare the plans and specifications for such improvement project. MOTION seconded by Councilmember Jacobson and adopted by the City Council at a regular meeting this 18 day of January 2011 , with Councilmembers Knight, Jacobson, Gamache, Trude, Bukkila voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. ATTEST: Michel Hartner — Deputy City Clerk p Y Y CITY OF ANDOVER ,� N�idhael R. Ga ache - Mayor M CITY OF ANDOVER © COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 002 -11 MOTION by Councilmember Knight to adopt the following: A RESOLUTION ORDERING PREPARATION OF A FEASIBILITY REPORT FOR THE IMPROVEMENT OF PROJECT NO. 10 -30, CROSSTOWN DRIVE NW RECONSTRUCTION WHEREAS, the City Council of the City of Andover is cognizant of the need for the improvements, specifically Project 10 -30, Crosstown Drive NW Reconstruction and WHEREAS, the City Council proposes to assess the benefiting properties for all or a portion of the costs of the improvements, pursuant to Minnesota Statutes 429. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover that: 1. The City Council is cognizant of the need for improvements. 2. The proposed improvement is hereby referred to the Director of Public Works /City Engineer and he is instructed to provide the City Council with a feasibility report. MOTION seconded by Councilmember Jacobson and adopted by the City Council at a regular meeting this 18 day of January , 2011 with Councilmembers Knight, Jacobson, Gamache, Trude, Bukkila voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: y hael R. Gamache - Mayor Mi helle Hartner— Deputy City Clerk C © CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R001 -11 A RESOLUTION DESIGNATING DEPOSITORIES OF CITY FUNDS AND SUPPLEMENTAL DEPOSITORIES OF CITY FUNDS FOR INVESTMENT PURPOSES ONLY. WHEREAS, Minnesota Statutes sets forth the procedures for the deposit of public funds which include requiring the Andover City Council to annually designate the official depositories for City funds and manage the collateral pledged to such funds; and WHEREAS, other financial institutions are, from time to time, able to pay the City of Andover interest rates on deposits that are greater than can be obtained from the official depositories. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover that the City's official depositories for 2010 are the Andover office of Wells Fargo Bank Minnesota, N.A., the Andover office of US Bank and 1 Regents Bank. © BE IT FURTHER RESOLVED that Wells Fargo Investment Services Inc. and Wells Fargo Institutional Trust; US. Bank Institutional Trust; the Minnesota Municipal Money Market Fund; Village Bank; Bank of The West; Northland Securities; Comerica Securities Inc.; Morgan Stanley /Smith Barney.; RBC Dain Rauscher Inc.; UBS Financial Services Inc.; and Morgan Keegan & Company be designated as additional depositories for 2009 for investment and cash management purposes only. BE IT STILL FURTHER RESOLVED that the City Administrator of the City of Andover is hereby designated as the approval authority for the release and acceptance of all collateral to be held by the City in conjunction with City funds on deposit with authorized institutions. Adopted by the Andover City Council on the 4 day of January 2010. CITY OF ANDOVER ATTEST: /,�?- - ael R. Gamache - Mayor Mic ielle Hartner - Deputy City Clerk f�.I