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HomeMy WebLinkAboutCC - March 6, 20121685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.ANDOVERMN.GOV Regular City Council Meeting — Tuesday, March 6, 2012 Call to Order — 7:00 p.m. Pledge of Allegiance Special Presentation — Fire Fighter Badge Presentation Resident Forum Agenda Approval 1. Approval of Minutes (2/21/12 Regular) Consent Items 2. Approve Payment of Claims — Finance 3. Approve Plans & Specs /Order Advertisement for Bids /12- 2a/2012 Street Reconstruction (Ivywood Estates) - Engineering 4. Approve Plans & Specs /Order Advertisement for Bids /12 -13 /Sunshine Park Parking Lot Expansion West Side Phase 3 — Engineering 5. Approve Plans & Specs /Order Advertisement for Bids /12- 8/2012 Curb, Sidewalk & Pedestrian Ramp Repairs — Engineering 6. Approve Resolution Calling for a Public Hearing for the Proposed Adoption of the Modification to the Development Program for Development District No. 1, and the Proposed Establishment of Tax Increment Financing District No. 1 -5 and the Proposed Adoption of a Tax Increment Financing Plan - Arbor Oaks Senior Housing Project - Planning Discussion Items 7. Approve Bond Sale - Administration 8. Hold Public Hearing/Order Plans & Specs /11- 40/133' Avenue NW Reconstruction — Engineering 9. Hold Public Hearing/Order Plans & Specs /11 -10 /South Coon Creek Drive NW Reconstruction— Engineering 10. Consider Approving Plans & Specs /Order Advertisement for Bids /12 -2b (Johnson's Oakmount Terrace) & 12 -2c (147th Avenue NW) /2012 Street Reconstruction — Engineering 11. Discuss /Approve Pleasant Oaks Park Improvements — Engineering 12. Discuss /Approve Woodland Meadows Park Improvements - Engineering Staff Items 13. Update of Grand Opening/Hawkridge Park/09 -18 -- Engineering 14. Administrator's Report - Administration Mayor /Council Input Adjournment ?C I T Y 0 F CN Db 06 AVYE A 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.CI.ANDOVER.MN.US TO: Mayor and Councilmembers CC: Jim Dickinson, City Administrator FROM: Dan Winkel, Fire Chief SUBJECT: Badge Presentation for New Firefighters DATE: March 6, 2012 INTRODUCTION The fire department would like to introduce two new firefighters who have successfully completed their one year probationary period with the fire department. Both of the new firefighters have performed above our expectations as they completed the challenges of training and attending the required calls. These are the first new firefighters that the fire department has added since 2009. DISCUSSION The newest members include: Musarraf Hussain — assigned to station #3. Firefighter Hussain and his family live on Yellowpine Street and he is currently in the process of completing his Firefighter I class. Musarraf completed his First Responder training and has also been very helpful with station and vehicle maintenance items. Musarraf is also taking classes to complete a nursing degree. Kevin Koschak — also assigned to station #3. Firefighter Koschak and his family live on 151St Avenue. Kevin came to the department having already completed his E.M.T. training and was able to concentrate on his Firefighter I and II required training. Kevin is in the home remolding business and has also been very active with helping around the station as well as with other special details that the fire department does. BUDGET IMPACT All of the training and required probationary costs were included in the 2011 fire department Operating budget. RECOMMENDATION The fire department is requesting that the Mayor and City Council acknowledge the newest firefighters who have completed their probationary periods. The Mayor is respectively asked to assist with the presentation of the badges. Respectfully ;j* sbmitted, C—/ i .? � Dan Winkel, Fire Chief A'Lb 6 W a 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.CI.ANDOVER.MN.US TO: Mayor and City Council CC: Jim Dickinson, City Administrator FROM: Michelle Hartner, Deputy City Cler SUBJECT: Approval of Minutes DATE: I March 6, 2012 INTRODUCTION The following minutes were provided by TimeSaver, reviewed by Administration and submitted for City Council approval: February 21, 2012 Regular DISCUSSION The minutes are attached for your review. ACTION REQUIRED The City Council is requested to approve the above minutes. Respectfully submitted, Michelle Hartner Deputy City Clerk Attach: Minutes 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 REGULAR ANDOVER CITY COUNCIL MEETING —FEBRUARY 21, 2012 MINUTES The Regular Bi- Monthly Meeting of the Andover City 1 Gamache, February 21, 2012, 7:00 p.m., at the Andover Andover, Minnesota. Councilmembers present: Mike Knight, Councilmember absent: None. Also present: City Adminis City Engineer PLEDGE OF ALLEGIANCE SPECIAL Sheriff James Stewart generated partnership: Anoka County Sheriff Councilmember Knight of Andover well and he Commander Kevin Halweg f provided a brief summary of is called to order by Mayor Mike 1685 Crosstown Boulevard NW, Julie Trude,; =and Tony Howard , David ,s that has continually collaborated and s Department.. He thanked the staff at the s Department has served the residents the Andover 2012 Deputies and Investigators. He also -,e and expertise of each Deputy for the Council. Mayor Gamache stated people might not realize the amount of experience and training the ....____.. deputies bring to the community and it is good to let residents know about the people protecting their community. He welcomed everyone and thanked them for the fantastic job they do for the City of Andover. Councilmember Howard stated the City has a great partnership with the Anoka County Sheriff's Office and he thanked them for their service to the community and also thanked those that had served in the Armed Forces. RESIDENT FORUM 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 Regular Andover City Council Meeting Minutes — February 21, 2012 Page 2 No one wished to address the Council. AGENDA APPROVAL Councilmember Trude requested Item 6 be moved to discussion. Mayor Gamache suggested Item 6 be moved to discussion after the Monthly Sheriff's Report. Motion by Councilmember Trude, Seconded by Councilmember Bukkila, to approve the Agenda as amended. Motion carried unanimously. APPROVAL OF MINUTES January 31, 2012 City Council Workshop Meeting Councilmember Trude stated on page 2, after line 6, add: Councilmember Trude, and Councilmember Howard agreed. Councilmember Trude stated on page 2, line 8, should be Councilmember Bukkila not Councilmember Trude and lines 13 and 14 should be moved up to be included in this statement. Councilmember Trude stated page 3, line 35, the word "exam" should be replaced with "examine ". Councilmember Trude stated on page 6, after line 39, add "the Council concurred the Parks Commission should be informed of the Transportation Plan ". Councilmember Trude stated on page 10, line 17, change "Shadow Brook" to "Shadowbrook ". Councilmember Trude stated on page 10, line 25, change the statement to read "After discussing a survey comment about the purchase of a ladder track, Councilmember Trude asked for an update on the fire department. Councilmember Trude stated on page 13, line 17, the words "will be target" should be replaced with "would be negatively impacted." Motion by Councilmember Trude, Seconded by Councilmember Bukkila to approve the January 31, 2012 City Council Workshop Meeting minutes as amended. The motion carried unanimously. February 6, 2012 Regular City Council Meeting Motion by Councilmember Trude, Seconded by Councilmember Howard to approve the February 6, 2012 Regular City Council Meeting minutes as presented. The motion carried unanimously. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 Regular Andover City Council Meeting Minutes — February 21, 2012 Page 3 CONSENT ITEMS Item 2 Approve Payment of Claims. Item 3 Approve Application for Exempt Permit /Andover High School Boys Lacrosse Booster. Item 4 Annual Review /Temporary Greenhouse /Linder's Flower Mart/2218 Bunker Lake Boulevard. Item 5 Approve Joint Powers Agreement/133`d Avenue NW from Hanson Boulevard NW to Crosstown Boulevard NW /Reconstruction & Maintenance. Item 7 Approve Plans and Specs /12 -17 /Sunshine Park North Parking Lot Lighting. (See Resolution R017 -12) Item 8 Approve Resolution/12- 6/2012 Outdoor Recreation Grant Application/Tom Anderson Trail. (See Resolution R018 -12) Item 9 Approve Resolution/12- 6/2 -12 Local Trails Connection Grant Application/Andover Station North Trail Connection. (See Resolution R019 -12) Item 10 Approve Appointment — Associate Planner. Motion by Councilmember Trude, Seconded by Councilmember Bukkila, for approval of the Consent Agenda as amended. Motion carried unanimously. ANOKA COUNTYSHERIFF'S OFFICE MONTHLYREPORT Commander Kevin Halweg, Anoka County Sheriff's Office, provided the City Council and residents with an update on law enforcement activities within the City for January 2012 including a road rage incident that resulted in the discharge of a firearm, an incident that involved a vehicle that crashed into a home, and other domestic assaults and DWI arrests. Councilmember Trude asked if the road rage incident involved an Andover resident. Commander Halweg stated it had been an Andover resident who had fired a gun in this particular situation. Councilmember Trude asked if the number of DWI arrests had decreased since Pov's closed. Commander Halweg stated Thursday evening/Friday morning activity had decreased since Pov's closed at the end of 2011. Councilmember Knight asked if there have been any incidents involving the artificial drugs. Commander Halweg stated there have not been any incidents in Andover. He stated he had been in contact with the drug task force and they have been focusing on heroin in the area. Last month they had seized 1.5 pounds of heroin. APPROVE LIGHTING PLAN /10 -27 /BUNKER LAKE BOULEVARD NW Regular Andover City Council Meeting Minutes — February 21, 2012 Page 4 RECONSTRUCTION /ROUND LAKE BOULEVARD NW TO CSAH 7 Councilmember Trade stated at the Workshop the Council had decided to make the final decision on the color of the light posts once the prices had been put together. 6 City Engineer Berkowitz stated the discussion from the workshop had included the choice of 7 color. The Council could elect to go with the standard bronze color or have the posts painted the 8 custom "Andover grape" color that has been used in other areas of the City such as Andover 9 Station, Andover Station North, Hanson Boulevard and some surrounding developments. The 10 custom color would be an additional $100 per post for a total of approximately $3,700. He 11 recommended the City have Connexus provide the custom posts because the quality of the paint 12 would be better. The City had used a different company to provide the posts along Jay Street and 13 these posts have faded and show more scratches in comparison to the posts done by Connexus. 14 15 Councilmember Trade expressed concerns the EDA had spent a lot of time and money trying to 16 make Andover Station look good and there has been problems with this particular paint fading. 17 It now looks mauve rather than the original grape color. 18 19 City Engineer Berkowitz pointed out the area Councilmember Trade is referencing is Jay Street 20 and Martin Street. A different company had done these poles and the quality was not as good as 21 that of the Connexus posts. 22 23 Mayor Gamache stated he had looked at lights throughout the City and Coon Rapids. He stated 24 he did not know that spending the additional $3,700 in order to keep the light pole color 25 consistent throughout the City is really worth it. 26 27 Councilmember Trade stated the area that these lights would be in is a different area of the City 28 and it would not matter if the lights were a different color. She also stated the mauve color is 29 outdated. 30 31 Mayor Gamache stated Bunker Lake Boulevard would not be reconstructed for several years so 32 these lights would not be changed to the grape color anytime soon. He also stated along Bunker 33 Lake Boulevard where Anoka, Andover, and Coon Rapids intersect the lights are all the bronze 34 color. 35 36 Councilmember Trade stated she had agreed with Mayor Gamache at the workshop. The grape 37 color is faded and it looks pink now. There will be some development in the Rosella Sonsteby's 38 property in the next few years and something neutral in this area will allow that development to 39 choose their own theme for lighting. 40 41 Councilmember Bukkila stated she had a preference for the grape color. This would provide the 42 City with some cohesiveness moving forward. The quality of the paint has improved and there 43 will be maintenance to any product the City chooses. She would like to see the City stay with a Regular Andover City Council Meeting Minutes —February 21, 2012 Page 5 color theme for the light fixtures in the City. Mayor Gamache stated Councilmember Bukkila's statement about being consistent and cohesive makes sense and this is something that should be considered. He stated the City has not had any fading or scratching problems with the fixtures from Connexus. He pointed out that Coon Rapids fixtures are dark blue. He clarified he could support either direction. 8 Councilmember Trade stated the dark blue is along Hanson Boulevard but Coon Rapids probably 9 had something different along Coon Rapids Boulevard. She stated the current fixtures have aged 10 and no longer look attractive. She would support a more neutral fixture color. 11 12 Councilmember Howard stated once Rosella Sonsteby's property develops it would be nice to 13 have a theme. If the City puts in the grape fixtures then-the development may do something to tie 14 into this and this will bring more cohesiveness to the community. 15 16 Councilmember Knight asked if other cities use different colors different sections of the 17 community. 18 19 Councilmember Bukkila stated she has not seen this. 20 21 Motion by Councilmember Bukkila, seconded by Councilmember Howard to Approve the 22 Lighting Plan for Project 10 -27, Bunker Lake Boulevard NW Reconstruction/Round Lake 23 Boulevard NW to CSAH 7, using the custom "Andover grape" color for the fixtures. 24 25 Councilmember Trade stated she would rather see the fixtures in bronze and this is more 26 modern. There are no painted light poles or theme along Bunker Lake Boulevard and the fixtures 27 are different on Round Lake Boulevard and Hanson Boulevard. 28 29 Councilmember Knight asked if the bronze finish would hold up better than the grape finish. 30 31 City Engineer Berkowitz stated he could not say for sure but had not seen any difference with the 32 Connexus fixtures. 33 34 Mayor Gamache stated it might be years before there is any development on the Rosella 35 Sonsteby's property and the City needs to decide now on the light fixtures. The City could 36 continue with the format that has been established and use the grape color for the fixtures in this 37 project and as the City develops in this area the same color can be used. 38 39 The motion was called to a vote. 40 41 The motion carried 4 ayes, 1 nay (Trade). 42 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 Regular Andover City Council Meeting Minutes — February 21, 2012 Page 6 APPROVE RESOLUTION FOR BOND SALES 2012A AND 2012B City Administrator Dickinson stated at the February 6, 2012 Council meeting, the City Council authorized the sale of $630,000 General Obligation Equipment Certificates, Series 2012A and $1,605,000 General Obligation Capital Improvement Refunding Bonds, Series 2012B. With proposals scheduled for February 23, 2012, it is necessary for a pricing committee to be established for the purpose of considering the proposals and for awarding the sale of bonds. Upon approval of the sale by the pricing committee, the City Council will take action at its next regularly scheduled meeting to adopt the necessary approving resolution as prepared by the City's Bond Council. Councilmember Trade stated the resolution at this time expires if the pricing gap is not met. She asked if this date should be extended. City Administrator Dickinson stated if the pricing gap is not met, Staff will continue to watch the market and come back to the Council for another approval. He also stated Staff had looked at the Community Center bonds as requested by the Council and at this time it would not be beneficial for the City to refund these. Motion by Councilmember Bukkila, Seconded by Councilmember Knight to adopt the resolution Approving the Issuance of General Obligation Equipment Certificates, Series 2012A and Tax General Obligation Capital Improvement Refunding Bonds, Series 2012B. The motion carried unanimously. (See Resolution R020 -12) SCHEDULE MARCH WORKSHOP Motion by Councilmember Trade, Seconded by Councilmember Howard to schedule the March City Council Workshop on Tuesday, March 27, 2012 at 6:00 p.m. Mayor Gamache asked if this would be a joint meeting with the Planning and Zoning Commission. City Administrator Dickinson stated the workshop is scheduled to be a joint meeting with the Planning and Zoning Commission. The motion was called to a vote. The motion carried unanimously. SCHEDULE MARCH EDA MEETING Motion by Councilmember Trade, Seconded by Councilmember Knight to schedule the March EDA Meeting for March 6, 2012, at 6:00 p.m., prior to the Regular City Council Meeting. The motion carried unanimously. Regular Andover City Council Meeting Minutes — February 21, 2012 Page 7 ADMINISTRATOR'S REPORT 3 City Administrator Dickinson updated the City Council and the residents regarding 4 administration and city department activities, legislative activities, development and CIP 5 projects, and upcoming meetings and community events including property negotiations, union 6 negotiations, the annual budget and levy submissions with the State, County and other bureaus 7 has been done. He stated there would be a neighborhood meeting for the Trident Development in 8 the Grey Oaks area at the same time as the EDA Meeting scheduled for March 6. Staff will 9 follow up to find out what the comments were at this meeting. Staff is working with Anoka 10 County and trying to evaluate the advantages of the County broadband system and what type of 11 things this would bring to the County. Staff has completed the closing of the model home at 12 Parkside at Andover Station. The City had planned for 35 new homes in the budget and at this 13 time there have been five (5) new homes in the City. The number of burglaries and thefts in the 14 City has decreased. 15 16 City Engineer Berkowitz stated staff has been working with three (3) developers who are looking 17 to move forward with their next phase of plats. The City currently has approximately 80 single - 18 family lots available in the urban area. Public Works has been working on open space at 19 Martin's Meadows and removing buckthorn. There was snow removal today as well. There will 20 be public hearings on March 6 for the South Coon Creek project and the 133`d Avenue project. 21 Staff also sent notices to the residents of the Johnson's Oakmount Terrace and 147a` Avenue 22 neighborhood regarding the potential approval of the plans for the reconstruction project on 23 March 6. 24 25 Mayor Gamache requested the open space on 161't by White Pine Wilderness be posted clearly 26 so residents did not go onto the private property that is adjacent to it. He stated the sign should 27 show residents they need to stay to the right when they are in this area. 28 29 City Engineer Berkowitz stated staff would review this in the spring. 30 31 Councilmember Knight stated the City should look at setting rules for the use of the open space 32 and ways to notify the public about using the open spaces. 33 34 Mayor Gamache stated the signs that are posted all have lists of "Do's and Don'ts ". 35 36 Councilmember Knight suggested the City consider adding more signs along the perimeters. 37 38 Councilmember Howard suggested the City also consider posting signs during the hunting season 39 to prohibit hunting in these areas. 40 41 City Engineer Berkowitz stated the City has also had problems with snowmobiles and ATVs in 42 the open space areas. 43 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 Regular Andover City Council Meeting Minutes — February 21, 2012 Page 8 City Administrator Dickinson stated he had not received the information he was expecting for the closed session meeting so he recommended the City cancel the closed session scheduled after the regular meeting. City Administrator Dickinson provided an overview of the redistricting that had been released today. He stated the old district numbering has changed. The City of Andover will now be utilizing Senate District 35 and Senate District 31. He clarified Senate District 35 covers the majority of the city and includes approximately 28,000 residents and Senate District 31 is the northeast corner of the community and encompasses approximately 2,300 residents. Councilmember Knight asked if there would be changes in who was representing each district. City Administrator Dickinson stated the City's current Senator, Michelle Benson, would not be in District 35. The City will have a new State Senator. Senator Jungbauer primarily represents the District 31 area. District 3 1 A is the largest part of the new Senate District, which does not include Andover. Councilmember Trude stated it would have been nice if Andover would have been in the same district. She clarified Country Oaks West, which is one of the City's largest development in the northeastern area would now be included in District 31. City Administrator Dickinson stated Country Oaks West is the only development in this area currently. He stated he would provide maps for the Council and the information is available on line. He stated it is important for the City to start matching up precincts and school districts with the new districts. How this lays out will also affect County Commissioner Districts. Staff will be analyzing the data and working to set these up over the course of the next week or so and bring it to the next Council Workshop for discussion. Councilmember Knight asked when the County had to have their redistricting done. City Administrator Dickinson stated the County had until mid -April but they would not be able to finish until the City had completed theirs. MAYORICOUNCIL INPUT (Planning Commission Training) Councilmember Trude stated there would be the next phases of plats coming to the Planning Commission for review. She asked if the Council should consider some training for the new Commissioners and Associate Planner so they would be familiar with the laws, ordinances, and processes. It was the consensus of the Council to provide additional training for the new Planning Commissioners and Associate Planner. Regular Andover City Council Meeting Minutes — February 21, 2012 Page 9 City Administrator Dickinson stated staff would take care of this. Councilmember Bukkila suggested posting the training times and dates so others that may be interested could attend. 6 (Anoka County Voting Equipment Task Force) Councilmember Trude stated she had been 7 asked to serve on the Anoka County Voting Equipment Task Force. All the cities and states have 8 to purchase new equipment because of a Federal Mandate. There will be a couple of meetings to 9 discuss purchasing equipment on a large bid but this will not happen until after the 2012 10 elections. 11 12 (Notification to the Parks and Recreation Commission) Councilmember Trude stated the 13 Council had approved the application for a couple of trail grants earlier in the meeting. She 14 recommended the Parks and Recreation Commission be informed of these applications. 15 . 16 City Engineer Berkowitz stated Mr. Haas provides an update of projects and he would include 17 this information in the update so they are aware of locations the Council is considering for trail 18 connections. 19 20 (Snow Removal Budgetl7ce Rinks) Councilmember Bukkila asked how the City's snow removal 21 budget is looking and if the ice rinks are now closed for the season. 22 23 City Engineer Berkowitz stated the City has closed the ice rinks for the season. The nice weather 24 had caused some mushrooming and it is difficult to get the rinks back into a good condition once 25 this happens. In past years, the City has closed the rinks at the end of February and this year they 26 were closed mid - February. The City is below the snow removal budget for overtime and fuel 27 costs. The City will be required to purchase 90% of the salt that had been committed to at the 28 beginning of the season but this material can be stored in the City's salt storage facility until next 29 season. This will reduce the amount of salt the City will need to purchase next year. 30 31 Councilmember Howard stated staff had done an outstanding job of providing residents with 32 skatable ice rinks particularly with the challenges with the winter weather. 33 34 (Fuel Budget) Councilmember Knight asked how the City's fuel budget would be impacted with 35 the price of fuel expected to be above $4.00 per gallon. 36 37 City Administrator Dickinson stated the City does budget for fuel changes. The City has been 38 purchasing some gas and diesel lower than was anticipated so overall for 2012 things will even 39 out. The City will need to do something in the 2013 budget to address fuel pricing. 40 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 Regular Andover City Council Meeting Minutes — February 21, 2012 Page 10 (Posting City's Fields) Councilmember Howard stated with the unusual weather conditions the City should consider posting the City's baseball parks and soccer fields so residents do not get on these fields too early. Councilmember Trude stated the City had talked about locking the gates at Andover Station but there are no gates at Sunshine Park. City Engineer Berkowitz stated the City would be adding some fencing so staff would be able to lock some of these areas up. Staff will continue to post the fields and try to keep people off them. He stated staff does the best they can to monitor the fields and keep people off and the Associations do a good job of talking to their participants and teams about staying off the turf until it is dry. (Fiscal Disparities Hearing) Mayor Gamache stated last week there were a number of people testifying before the Senate and House Committees in regard to fiscal disparities. Anoka County Board Chairman Sivarajah did a great job discussing fiscal disparities and the importance to Anoka County, the cities in Anoka County and the schools in Anoka County. At the end of the testimony all the committees decided there would not be anything happening in 2012. There had been opportunities to educate the committees about fiscal disparities and it worked out good. He thanked everyone for the hard work and participation. (Metro Cities Board Opening) Mayor. Gamache stated his term on the Metro Cities Board would expire this year. There will be three openings on the board this year and applications would need to be in by early March. City Administrator Dickinson would have information available for anyone interested in applying for this position. Metro Cities Board goes over the legislative sessions and how they will lobby the legislature. They meet the first Thursday of each month. CLOSED SESSION Cancelled. ADJOURNMENT Motion by Councilmember Bukkila, Seconded by Councilmember Howard, to adjourn. Motion carried unanimously. The meeting adjourned at 8:27 p.m. Respectfully submitted, Tina Borg, Recording Secretary 1 Regular Andover City Council Meeting Minutes — February 21, 2012 Page 11 REGULAR ANDOVER CITY COUNCIL MEETING MINUTES — FEBRUARY 219 2011 TABLE OF CONTENTS PLEDGE OF ALLEGIANCE .......................................................................... ............................... 1 SPECIALPRESENTATION ........................................................................... ............................... 1 RESIDENTFORUM ......................................................................:................ ............................... 1 AGENDAAPPROVAL ................................................................................... ............................... 2 APPROVALOF MINUTES ............................................................................ ............................... 2 CONSENTITEMS .......................................................................................... ............................... 3 Item 2 Approve Payment of Claims .......................................................... ............................... 3 Item 3 Approve Application for Exempt Permit /Andover High School Boys Lacrosse Booster................................................................................................. ............................... 3 Item 4 Annual Review /Temporary Greenhouse /Linder's Flower Mart/2218 Bunker Lake Boulevard............................................................................................. ............................... 3 Item 5 Approve Joint Powers Agreement/133`a Avenue NW from Hanson Boulevard NW to Crosstown Boulevard NW /Reconstruction & Maintenance ................ ............................... 3 Item 7 Approve Plans and Specs /12 -17 /Sunshine Park North Parking Lot Lighting (See ResolutionR017- 12) ............................................................................ ............................... 3 Item 8 Approve Resolution/12- 6/2012 Outdoor Recreation Grant Application/Tom Anderson Trail (See Resolution R018- 12) ........................................................... ............................... 3 Item 9 Approve Resolution/12- 6/2 -12 Local Trails Connection Grant Application/Andover Station North Trail Connection (See Resolution R019- 12) ................. ............................... 3 Item 10 Approve Appointment — Associate Planner .................................. ............................... 3 ANOKA COUNTY SHERIFF'S OFFICE MONTHLY REPORT ................. ............................... 3 APPROVE LIGHTING PLAN /10 -27 /BUNKER LAKE BOULEVARD NW RECONSTRUCTION /ROUND LAKE BOULEVARD NW TO CSAH 7 ............................... 3 APPROVE RESOLUTION FOR BOND SALES 2012A AND 2012B (See Resolution R020 -12) ..................................................................................................................... ............................... 6 SCHEDULE MARCH WORKSHOP .............................................................. ............................... 6 SCHEDULE. MARCH EDA MEETING ......................................................... ............................... 6 ADMINISTRATOR'S REPORT ...................................................................... ............................... 7 MAYOR/COUNCIL INPUT ........................................................................... ............................... 8 (Planning Commission Training) ................................................................. ............................... 8 (Anoka County Voting Equipment Task Force) .......................................... ............................... 9 (Notification to the Parks and Recreation Commission) ............................. ............................... 9 (Snow Removal Budget /Ice Rinks) .............................................................. ............................... 9 (Fuel Budget) ............................................................................................... ............................... 9 (Posting City's Fields) ............................................................................... ............................... 10 (Fiscal Disparities Hearing) ....................................................................... ............................... 10 (Metro Cities Board Opening) ................................................................... ............................... 10 ADJOURNMENT.......................................................................................... ............................... 10 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.CI.ANDOVER.MN.US TO: Mayor and Councilmembers CC: Jim Dickinson, City Administrator / Finance Direc FROM: Lee Brezinka, Assistant Finance Director SUBJECT: Payment of Claims DATE: March 6, 2012 SW40 INTRODUCTION Attached are disbursement edit lists for claims related to the on going business of the City of Andover. DISCUSSION Claims totaling $84,333.92 on disbursement edit list #1- 2 from 02/24/12 — 03/02/12 have been issued and released. Claims totaling $683,571.00 on disbursement edit list #3 dated 03/06/12 will be issued and released upon approval. BUDGET IMPACT The edit lists consist of routine payments with expenses being charged to various department budgets and projects. ACTION REQUESTED The Andover City Council is requested to approve total claims in the amount of $767,904.92. Please note that Council Meeting minutes will be used as documented approval. Respectfully submitted, Lee Brezinka Attachments: Edit Lists a z z z z z z z w w w w w w w cq d H Q U M� 7 N N V d C �D G �O ❑ �D ❑ �O C �O G �o G N G O^O Q'O Q'O p^O p'O O'O O no `i' v a' It `n o0 CD x o V N U U N U V V N U N V O AN N N N N N N O O O O O Cl O N N N N N N N T N N N N N N N a O O O O O O O G O O m m h h N N U �p � O r i �+ hU �� LE Q.. 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O i ow U G W W o � U � QwU c 0 � N ao O V b� > rn 0 z b w x N o U O U M G �O p7 O V] N x� N � O U o W Cl N O M O O O O o 7 V U b a O U O W .w F a oay U ti F o -� L N U J u Q O N ,n o c � > N O N O r M in U N as W U E U w° z � A F F a 7 a\ M N 0 N N 0 a O 0 U Y a. 0 U J 3t VLf , 6 W 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 WWW.AN DOVER MN. GOV TO: Mayor and Council Members \ 7 CC: Jim Dickinson, City Administrator David Berkowitz, Director of Public s /City EngineerdAb3 FROM: Jason Law, Assistant City Engineer SUBJECT: Approve Plans & Specs /Order Advertisement for Bids /12- 02x/2012 Street Reconstruction ( Ivywood Estates) - Engineering DATE: March 6, 2012 INTRODUCTION The City Council is requested to approve final plans and specifications and order the advertisement for bids for Project 12 -02a, 2012 Street Reconstruction ( Ivywood Estates). DISCUSSION Identified in the City's 2012 -2016 Capital Improvement Plan is reconstruction of the Ivywood Estates development. The project will include reclaiming the existing bituminous surface, replacing bituminous curb with concrete curb and gutter, minor storm sewer improvements, and paving a new bituminous surface. This has been a very effective reconstruction method since the City began the process back in 1996. An informational meeting was held with the residents in this neighborhood on November 15`", 2011. Staff discussed the project, provided residents with preliminary information, including estimated costs, and answered questions. Attached is the sign -in sheet from this meeting. No written comments were received. The estimated feasibility assessment rate per unit is $5,160.00. Plans and Specifications are available for review in the City Engineer's office. BUDGETIMPACT The project would be funded from the City's Road & Bridge Fund, with 25% of the total project costs assessed to the benefiting properties as identified in the City's Roadway Reconstruction Assessment Policy. ACTION REQUIRED The City Council is requested to approve the resolution approving final plans and specifications and ordering the advertisement for bids for Project 12 -02a, 2012 Street Reconstruction ( Ivywood Estates). Re ectfully s miffed, ason J. Law, PE Attachments: Resolution Project Location Map, Neighborhood Meeting Sign -In Sheet ✓ CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. MOTION by Councilmember to adopt the following: A RESOLUTION APPROVING FINAL PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR PROJECT NO. 12 -02a, 2012 STREET RECONSTRUCTION (IVYWOOD ESTATES) . WHEREAS, Pursuant to Resolution No. 007 -12 , adopted by the City Council on the 17t day of January , 2012 , the City Engineer has prepared final plans and specifications for Project No. 12 -02a . WHEREAS, such final plans and specifications were presented to the City Council for their review on the 6t" day of March 2012. 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 9:00 a.m. , Friday, March 30. 2012 at the Andover City Hall. MOTION seconded by Councilmember City Council at a regular meeting this 6th Councilmembers and adopted by the day of March , 2012 , with voting in favor of the resolution, and Councilmembers against, whereupon said resolution was declared passed. ATTEST: Michelle Hartner — Deputy City Clerk CITY OF ANDOVER voting Michael R. Gamache - Mayor ANL6 W^ Capital Improvement Plan Project Name; ANNUAL STREET RECONSTRUCTION (2012) IVYWOOD ESTATES L E G E N D Project Location Lots /Parcels Park Water Right of Way { City Limits V -i IVYWOOD ESTATES 149TH -LN INDI 149TH AV M Mo f CO �W?lk43 �ei`'Si.. �\ dhP rk �\7 48.TH AV -. 0p9 �PDo`oi 1 0 225 450 900 Feet � W 0 0 LO N n M N n a> M O c� O� W LU W > Z Z Z o 0, Z M Q N . rn N N N 2 t, O M � v W >1 5 LL O m Z O F h co O U N c � N w E cL o v 2.c° LL�Et-- -p C ( t p %P O �E Vic. 0 M O C H cfl r w, {L�Y r Q i W O � � v / N a 3 u V`` v ^L NJ 4 V ( w I T Y O F [DOVE (Y) 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.ANDOVERMN.GOV TO: Mayor and Council Members CC: Jim Dickinson, City Administrator FROM: David D. Berkowitz, Director of Public orks /City Engineer SUBJECT: Approve Plans & Specs /Order Advertisement for Bids /12 -13 /Sunshine Park Parking Lot Expansion West Side Phase 3 - Engineering DATE: March 6, 2012 INTRODUCTION The City Council is requested to approve final plans and specifications and order the advertisement for bids for Project 12 -13, Sunshine Park Parking Lot Expansion West Side Phase 3. DISCUSSION The project has been identified in the City' Capital Improvement Plan for construction in 2012. The improvement consists of paving the south half of the west parking lot at Sunshine Park. Attached is the final plan. The Park & Recreation Commission recommended that lights be installed for this parking lot. Lights were not budgeted for nor were they identified in the Capital Improvement Plan. If there are excess funds for this project they have been directed toward Hickory Meadows Park. This project will be bid with the 2012 Street Reconstruction projects. BUDGET IMPACT The project will be funded by park dedication funds. ACTION REQUIRED The City Council is requested to approve the resolution approving final plans and specifications and ordering the advertisement for bids for Project 12 -13, Sunshine Park Parking Lot Expansion West Side Phase 3. Respectfully submitted, David D. Berkowitz Attachments: Resolution & Plan Sheet CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. MOTION by Councilmember to adopt the following: A RESOLUTION APPROVING FINAL PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR PROJECT NO. 12 -13, SUNSHINE PARK PARKING LOT EXPANSION WEST SIDE PHASE 3 . WHEREAS, pursuant to Resolution No. 012 -12 , adopted by the City Council on the 6th day of February 2012 , the City Engineer has prepared final plans and specifications for Project No. 12 -13 WHEREAS, such final plans and specifications were presented to the City Council for their review on the 6th day of March 2012. 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 9:00 a.m. , Friday, March 30 2012 at the Andover City Hall. MOTION seconded by Councilmember and adopted by the 5City Council at a regular meeting this 6th day of March , 2012 , with Councilmembers voting in favor of the resolution, and Councilmembers against, whereupon said resolution was declared passed. ATTEST: Michelle Hartner — Deputy City Clerk CITY OF ANDOVER voting Michael R. Gamache - Mayor \ m L ai LLJ u 2 c& �� N z \ �d ®) § / �� § . § § § ■� §° \ � / L ® Q k z o "§§ � §2■�§ ^ E \ §0 �C §§ § � =m § §§%� 0 § a 7u a _ s §§_ . { m §0 §B k § § \C4 0991 \ \ 2 0 ?2e 5« ©L2 ® ®� \2 }\) }Ea- p »E � / U= /\ a. z\ /� / 7 § \\ 0 V) C) 0 /A § / �/ R { /2 Ld - J g 0 /) $ R { / \ 2 B= R @ :D ° ° _ u w� F- � � � �ƒ n ) \ \ \ � k @s � R �L ( tziee 26 Ni m -loam § R , . / \( R ) & \ R \) 1p R \§ � — _. — — LLJ— > �\ |4 \ / � � �i �� \ . ( \ ` . - _ - - - -- � 'GAl NMOSON 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.ANDOVERMN.GOV TO: Mayor and Council Members CC: Jim Dickinson, City Administrator David D. Berkowitz, Director of Public orks /City Engineer � D FROM: Jason Law, Assistant City Engineer SUBJECT: Approve Plans & Specs /Order Advertisement for Bids /12- 08/2012 Curb, Sidewalk & Pedestrian Ramp Repairs - Engineering DATE: March 6, 2012 INTRODUCTION The City Council is requested to approve final plans and specifications and order the advertisement for bids for Project 12 -08, Curb, Sidewalk & Pedestrian Ramp Repairs. DISCUSSION The City has an annual program that inspects and identifies damaged or deficient segments of concrete curb and gutter and sidewalk. Replacement of these segments prolongs the life of the City's infrastructure and improves safety for the traveling public. The City also completes an annual program where existing trail and/or sidewalk crossings without truncated dome pedestrian curb ramps are reconstructed and brought into compliance with ADA (American's with Disabilities Act) standards. Typically 3 -6 pedestrian ramps are reconstructed annually through this program. This project is indentified in the City's 2012 -2016 Capital Improvement Plan under the Annual Curb Replacement item. BUDGETIMPACT The projects would be funded from the City's Road & Bridge Fund. ACTION REQUIRED The City Council is requested to approve the resolution approving final plans and specifications and ordering the advertisement for bids for Project 12 -08, Curb, Sidewalk & Pedestrian Ramp Repairs. s ectfully , ubmitted, son J. Law, P. . Attachments: Resolution V/ CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. MOTION by Councilmember to adopt the following: A RESOLUTION APPROVING FINAL PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR PROJECT NO. 12 -08, CURB, SIDEWALK & PEDESTRIAN RAMP REPAIRS. WHEREAS, pursuant to Resolution No. 015 -12 , adopted by the City Council on the 6th day of February 2012 , the City Engineer has prepared final plans and specifications for Project No. 12 -08 WHEREAS, such final plans and specifications were presented to the City Council for their review on the 6th day of March 2012. 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 9:00 a.m. , Friday, March 30, 2012 at the Andover City Hall. MOTION seconded by Councilmember and adopted by the City Council at a regular meeting this 6th day of March , 2012 , with Councilmembers voting in favor of the resolution, and Councilmembers against, whereupon said resolution was declared passed. ATTEST: Michelle Hartner — Deputy City Clerk CITY OF ANDOVER voting Michael R. Gamache - Mayor • „YYy' 9- - 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.CI.ANDOVER.MN.US TO: Mayor and Councilmembers CC: Jim Dickinson, City Administrator FROM: David L. Carlberg, Community Development Director SUBJECT: Approve Resolution Calling for a Public Hearing for the Proposed Adoption of the Modification to the Development Program for Development District No. 1, and the Proposed Establishment of Tax Increment Financing District No. 1 -5 and the Proposed Adoption of a Tax Increment Financing Plan thereof DATE: March 6, 2012 INTRODUCTION The City Council is requested by the Andover Economic Development Authority (EDA) to approve a Resolution Calling for a Public Hearing for the Proposed Adoption of the Modification to the Development Program for Development District No. 1, and the Proposed Establishment of Tax Increment Financing District No. 1 -5 and the Proposed Adoption of a Tax Increment Financing Plan thereof. DISCUSSION The purpose for the creation of TIF District 1 -5 is to provide financial assistance to insure during the life of the district that affordable senior housing units are provided in the proposed 70 unit Arbor Oaks Senior Housing Project as being proposed by Trident Development. The City Council finds that without this assistance, affordable units would not be provided in the project. ACTION REQUESTED Approve the attached resolution calling for a Public Hearing for the Proposed Adoption of the Modification to the Development Program for Development District No. 1, and the Proposed Establishment of Tax Increment Financing District No. 1 -5 and the Proposed Adoption of a Tax Increment Financing Plan thereof. Attachments Resolution Calling for the Public Hearing Respectfully submitted, David L. Carlberg CITY OF ANDOVER ANOKA COUNTY STATE OF MINNESOTA RESOLUTION NO. 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 ESTABLISHMENT OF TAX INCREMENT FINANCING DISTRICT NO. 1 -5 THEREIN AND THE ADOPTION OF THE TAX INCREMENT FINANCING PLAN THEREFOR. BE IT RESOLVED by the City Council (the "Council ") for the City of Andover, Minnesota (the "City "), as follows: Section 1. Public Hearing. This Council shall meet on May 1, 2012, at approximately 7:00 P.M., to hold a public hearing on the proposed adoption of a Modification to the Development Program for the Development District No. 1, the proposed establishment of Tax Increment Financing District No. 1 -5, (a housing district), and the proposed adoption of a Tax Increment Financing Plan therefor, all pursuant to and in accordance with Minnesota Statutes, Sections 469.090 to 469.1082 , and Sections 469.174 to 469.1799, inclusive, as amended, in an effort to encourage the development and redevelopment of certain designated areas within the City; and Section 2. Notice of Public Hearing, Filing of Plans. City staff is authorized and directed to work with Ehlers to prepare a Modification to the Development Program for Development District No. 1 and a Tax Increment Financing Plan for Tax Increment Financing District No. 1 -5 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 May 1, 2012, and to place a copy of the Plans on file in the City Administrator's office at City Hall and to make such copy available for inspection by the public. Dated: March 6, 2012. Adopted: Mayor ATTEST: City Administrator C AI T Y O F ND OVE 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.CI.ANDOVER.MN.US TO: Mayor and Councilmembers FROM: Jim Dickinson, City Administrator SUBJECT: Approve Bond Sale for Equipment and Refunding Bonds — Ehlers & Associates DATE: March 6, 2012 INTRODUCTION Mark Ruff or Todd Hagen from Ehlers & Associates, the City's Financial Advisor, will be in attendance to present the results of the City's sale of the following bond issues authorized at the February 6, 2012 Council Meeting for the $585,000 General Obligation Equipment Certificates, Series 2012A and $1,570,000 Taxable General Obligation Capital Improvement Refunding Bonds, Series 2012B. DISCUSSION The City Council authorized at the February 6, 2012 Council Meeting to provide for the sale of the aforementioned bonds based on the following justification for each bond issue: $585,000 Equipment Certificates These bonds are being issued to finance public safety and public works equipment purchases outlined in the 2012 -2016 CIP. $1,570,000 Capital Improvement Refunding Bonds These bonds are being issued for an advance crossover refunding of the 2014 through 2017 maturities of the City's General Obligation Capital Improvement Bonds, Series 2004A for interest rate savings. BUDGET IMPACT Both issues are funded by an annual tax levy. Mayor and Councilmembers March 6, 2012 Page 2 of 2 ACTION REQUESTED The City Council is requested to approve the attached resolutions accepting the proposal on the sale of the respective bonds based on the bid tabulation that will be presented by Ehlers & Associates at the meeting. The resolutions are as listed below: RESOLUTION ACCEPTING PROPOSAL ON SALE OF $585,000 GENERAL OBLIGATION EQUIPMENT CERTIFICATES, SERIES 2012A AND $1,570,000 TAXABLE GENERAL OBLIGATION CAPITAL IMPROVEMENT REFUNDING BONDS, SERIES 2012B AND PROVIDING FOR THEIR ISSUANCE AND LEVYING A TAX FOR THE PAYMENT THEREOF EXTRACT OF MINUTES OF A MEETING OF THE CITY COUNCIL OF THE CITY OF ANDOVER, MINNESOTA HELD: March 6, 2012 Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Andover, Anoka County, Minnesota, was duly called and held at the City Hall in said City on March 6, 2012, at P.M., for the purpose of awarding the sale of, $585,000 General Obligation Equipment Certificates, Series 2012A. The following members were present: and the following were absent: Member adoption. introduced the following resolution and moved its RESOLUTION ACCEPTING PROPOSAL ON SALE OF $585,000 GENERAL OBLIGATION EQUIPMENT CERTIFICATES, SERIES 2012A PROVIDING FOR THEIR ISSUANCE 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 $585,000 General Obligation Equipment Certificates, Series 2012A (the "Certificates" or individually, a "Certificate "), pursuant to Minnesota Statutes, Chapter 475 and Minnesota Statutes, Section 412.301, to finance the acquisition of capital equipment for the City (the "Equipment "); and B. WHEREAS, each item of equipment to be financed by the Certificates has an expected useful life at least as long as the term of the Certificates; and C. WHEREAS, the principal amount of the Certificates to be issued does not exceed one - quarter of one percent (0.25 %) of the market value of the City ($ times 25% is $ ; and D. WHEREAS, the City has retained Ehlers & Associates, Inc., in Roseville, Minnesota ( "Ehlers "), as its independent financial advisor for the sale of the Certificates and was therefore authorized to sell the Certificates by private negotiation in accordance with Minnesota Statutes, Section 475.60, Subdivision 2(9) and proposals to purchase the Certificates have been solicited by Ehlers; and F. WHEREAS, the proposals set forth on Exhibit A attached hereto were received by the Deputy City Clerk, or designee, at the offices of Ehlers at 10:00 a.m. on February 23, 2012 pursuant to the Terms of Proposal established for the Bonds; and 4513465v1 G. WHEREAS, it is in the best interests of the City that the Bonds be issued in book - entry form as hereinafter provided; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover, Minnesota, as follows: 1. Acceptance of Proposal. The proposal of Cronin & Company, Inc., Minneapolis, Minnesota (the "Purchaser "), to purchase the Certificates, in accordance with the terms of proposal at the rates of interest hereinafter set forth, and to pay therefor the sum of $ , plus interest accrued to settlement, is hereby found, determined and declared to be the most favorable proposal received and is hereby accepted, and the Certificates are hereby awarded to said purchaser. The Manager is directed to retain the deposit of said purchaser and to forthwith return to the others making proposals their good faith checks or drafts. 2. Terms of Certificates. (a) Title; Original Issue Date; Denominations; Maturities. The Certificates shall be dated March 22, 2012, as the date of original issue and shall be issued forthwith on or after such date in fully registered form, shall be numbered from R -1 upward in the denomination of $5,OOC each or in any integral multiple thereof of a single maturity (the "Authorized Denominations "), and shall mature, without option of prepayment, on February 1 in the years and amounts as follows: Year Amount 2016 $ 50,000 2017 535,000 As may be requested by the Purchaser, one or more term bonds may be issued having mandatory sinking fund redemption and final maturity amounts conforming to the foregoing principal repayment schedule, and corresponding additions may be made to the provisions of the applicable Certificate(s). For purposes of complying with Minnesota Statutes, Section 475.54, Subdivision 1, the maturity schedule for the Bonds has been combined with the maturity schedule of the City's outstanding $1,570,000 Taxable General Obligation Capital Improvement Refunding Bonds, Series 2012B, as permitted by Minnesota Statutes, Section 475.54, Subdivision 2. (b) Book Entry OnlySystem. The Depository Trust Company, a limited purpose trust company organized under the laws of the State of New York or any of its successors or its successors to its functions hereunder (the "Depository") will act as securities depository for the Certificates, and to this end: (i) The Certificates shall be initially issued and, so long as they remain in book entry form only (the "Book Entry Only Period "), shall at all times be in the form of a separate single fully registered Certificate for each maturity of the Certificates; and for purposes of complying with this requirement under paragraphs 5 and 10 Authorized 4513465v1 Denominations for any Certificate shall be deemed to be limited during the Book Entry Only Period to the outstanding principal amount of that Certificate. (ii) Upon initial issuance, ownership of the Certificates shall be registered in a bond register maintained by the Registrar (as hereinafter defined) in the name of CEDE & CO., as the nominee (it or any nominee of the existing or a successor Depository, the "Nominee "). (iii) With respect to the Certificates neither the City nor the Registrar shall have any responsibility or obligation to any broker, dealer, bank, or any other financial institution for which the Depository holds Certificates as securities depository (the "Participant ") or the person for which a Participant holds an interest in the Certificates shown on the books and records of the Participant (the "Beneficial Owner "). Without limiting the immediately preceding sentence, neither the City, nor the Registrar, shall have any such responsibility or obligation with respect to (A) the accuracy of the records of the Depository, the Nominee or any Participant with respect to any ownership interest in the Certificates, or (B) the delivery to any Participant, any Owner or any other person, other than the Depository, of any notice with respect to the Certificates, including any notice of redemption, or (C) the payment to any Participant, any Beneficial Owner or any other person, other than the Depository, of any amount with respect to the principal of or premium, if any, or interest on the Certificates, or (D) the consent given or other action taken by the Depository as the Registered Holder of any Certificates (the "Holder "). For purposes of securing the vote or consent of any Holder under this Resolution, the City may, however, rely upon an omnibus proxy under which the Depository assigns its consenting or voting rights to certain Participants to whose accounts the Certificates are credited on the record date identified in a listing attached to the omnibus proxy. (iv) The City and the Registrar may treat as and deem the Depository to be the absolute owner of the Certificates for the purpose of payment of the principal of and premium, if any, and interest on the Certificates, for the purpose of giving notices of redemption and other matters with respect to the Certificates, for the purpose of obtaining any consent or other action to be taken by Holders for the purpose of registering transfers with respect to such Certificates, and for all purpose whatsoever. The Registrar, as paying agent hereunder, shall pay all principal of and premium, if any, and interest on the Certificates only to or upon the Holder or the Holders of the Certificates as shown on the bond register, and all such payments shall be valid and effective to fully satisfy and discharge the City's obligations with respect to the principal of and premium, if any, and interest on the Certificates to the extent of the sum or sums so paid. (v) Upon delivery by the Depository to the Registrar of written notice to the effect that the Depository has determined to substitute a new Nominee in place of the existing Nominee, and subject to the transfer provisions in paragraph 10, references to the Nominee hereunder shall refer to such new Nominee. (vi) So long as any Certificate is registered in the name of a Nominee, all payments with respect to the principal of and premium, if any, and interest on such Certificate and all notices with respect to such Certificate shall be made and given, 3 4513465v1 respectively, by the Registrar or City, as the case may be, to the Depository as provided in the Letter of Representations to the Depository required by the Depository as a condition to its acting as book -entry Depository for the Certificates (said Letter of Representations, together with any replacement thereof or amendment or substitute thereto, including any standard procedures or policies referenced therein or applicable thereto respecting the procedures and other matters relating to the Depository's role as book -entry Depository for the Certificates, collectively hereinafter referred to as the "Letter of Representations "). (vii) All transfers of beneficial ownership interests in each Certificate issued in book -entry form shall be limited in principal amount to Authorized Denominations and shall be effected by procedures by the Depository with the Participants for recording and transferring the ownership of beneficial interests in such Certificates. (viii) In connection with any notice or other communication to be provided to the Holders pursuant to this Resolution by the City or Registrar with respect to any consent or other action to be taken by Holders, the Depository shall consider the date of receipt of notice requesting such consent or other action as the record date for such consent or other action; provided, that the City or the Registrar may establish a special record date for such consent or other action. The City or the Registrar shall, to the extent possible, give the Depository notice of such special record date not less than 15 calendar days in advance of such special record date to the extent possible. (ix) Any successor Registrar in its written acceptance of its duties under this Resolution and any paying agency /registrar agreement, shall agree to take any actions necessary from time to time to comply with the requirements of the Letter of Representations. (c) Termination of Book -Entry Only System. Discontinuance of a particular Depository's services and termination of the book -entry only system may be effected as follows: (i) The Depository may determine to discontinue providing its services with respect to the Certificates at any time by giving written notice to the City and discharging its responsibilities with respect thereto under applicable law. The City may terminate the services of the Depository with respect to the Certificate if it determines that the Depository is no longer able to carry out its functions as securities depository or the continuation of the system of book -entry transfers through the Depository is not in the best interests of the City or the Beneficial Owners. (ii) Upon termination of the services of the Depository as provided in the preceding paragraph, and if no substitute securities depository is willing to undertake the functions of the Depository hereunder can be found which, in the opinion of the City, is willing and able to assume such functions upon reasonable or customary terms, or if the City determines that it is in the best interests of the City or the Beneficial Owners of the Certificate that the Beneficial Owners be able to obtain certificates for the Certificates, the Certificates shall no longer be registered as being registered in the bond register in the name of the Nominee, but may be registered in whatever name or names the Holder of 0 4513465v1 the Certificates shall designate at that time, in accordance with paragraph 10. To the extent that the Beneficial Owners are designated as the transferee by the Holders, in accordance with paragraph 10, the Certificates will be delivered to the Beneficial Owners. (iii) Nothing in this subparagraph (c) shall limit or restrict the provisions of paragraph 10. (d) Letter of Representations. The provisions in the Letter of Representations are incorporated herein by reference and made a part of the resolution, and if and to the extent any such provisions are inconsistent with the other provisions of this resolution, the provisions in the Letter of Representations shall control. 3. Purpose. The Certificates shall provide funds to finance the Equipment. The total cost of the Equipment, 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. Interest. The Certificates shall bear interest payable semiannually on February 1 and August 1 of each year (each, an "Interest Payment Date "), commencing February 1, 2013, calculated on the basis of a 360 -day year of twelve 30 -day months, at the respective rates per annum set forth opposite the maturity years as follows: Maturity Interest Year Rate 2016 2.00% 2017 2.00 5. No Redemption. The Certificates shall not be subject to redemption and prepayment prior to their stated maturity dates. 6. Registrar. U.S. Bank National Association, in St. Paul, 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 and paragraph 12. 7. Form of Certificate. The Certificates, together with the Registrar's Certificate of Authentication, the form of Assignment and the registration information thereon, shall be in substantially the following form: 4513465v1 UNITED STATES OF AMERICA STATE OF MINNESOTA ANOKA COUNTY CITY OF ANDOVER 10 GENERAL OBLIGATION EQUIPMENT CERTIFICATE, SERIES 2012A DATE OF INTEREST RATE MATURITY DATE ORIGINAL ISSUE CUSIP % February 1, March 22, 2012 REGISTERED OWNER: CEDE & CO. PRINCIPAL AMOUNT: DOLLARS KNOW ALL PERSONS BY THESE PRESENTS that the City of Andover, Anoka County, Minnesota (the "Issuer "), certifies that it is indebted and for value received promises to pay to the registered owner specified above, or registered assigns, without option of prepayment, in the manner hereinafter set forth, the principal amount specified above, on the maturity date specified above, and to pay interest thereon semiannually on February 1 and August 1 of each year (each, an "Interest Payment Date "), commencing February 1, 2013, at the rate per annum specified above (calculated on the basis of a 360 -day year of twelve 30 -day months) until the principal sum is paid or has been provided for. This Certificate will bear interest from the most recent Interest Payment Date to which interest has been paid or, if no interest has been paid, from the date of original issue hereof. The principal of and premium, if any, on this Certificate are payable upon presentation and surrender hereof at the principal office of U.S. Bank National Association, in St. Paul, Minnesota (the "Registrar "), acting as paying agent, or any successor paying agent duly appointed by the Issuer. Interest on this Certificate will be paid on each Interest Payment Date by check or draft mailed to the person in whose name this Certificate is registered (the "Holder ") on the registration books of the Issuer maintained by the Registrar and at the address appearing thereon at the close of business on the fifteenth day of the calendar month next preceding such Interest Payment Date (the "Regular Record Date "). Any interest not so timely paid shall cease to be payable to the person who is the Holder hereof as of the Regular Record Date, and shall be payable to the person who is the Holder hereof at the close of business on a date (the "Special Record Date ") fixed by the Registrar whenever money becomes available for payment of the defaulted interest. Notice of the Special Record Date shall be given to Holders not less than ten days prior to the Special Record Date. The principal of and premium, if any, and interest on this Certificate are payable in lawful money of the United States of America. So long as this Certificate is registered in the name of the Depository or its Nominee as provided in the Resolution hereinafter described, and as those terms are defined therein, payment of principal of, premium, if any, and interest on this Certificate and notice with respect thereto shall be made as provided in the Letter of Representations, as defined in the Resolution. Until termination of the book -entry only system pursuant to the Resolution, Certificates may only be registered in the name of the Depository or its Nominee. 4513465v1 No Optional Redemption. The Certificates of this issue (the "Certificates ") shall not be subject to redemption and prepayment prior to their stated maturity dates. Issuance• Pumose; General Obligation. This Certificate is one of an issue in the total principal amount of $585,000, all of like date of original issue and tenor, except as to number, maturity, interest rate and denomination issued pursuant to and in full conformity with the Constitution and laws of the State of Minnesota and pursuant to a resolution adopted by the City Council on March 6, 2012 (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 2012A 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. Denominations; Exchange; Resolution. The Certificates are issuable solely in fully registered form in Authorized Denominations (as defined in the Resolution) and are exchangeable for fully registered Certificates of other Authorized Denominations in equal aggregate principal amounts at the principal office of the Registrar, but only in the manner and subject to the limitations provided in the Resolution. Reference is hereby made to the Resolution for a description of the rights and duties of the Registrar. Copies of the Resolution are on file in the principal office of the Registrar. Transfer. This Certificate is transferable by the Holder in person or by the Holder's attorney duly authorized in writing at the principal office of the Registrar upon presentation and surrender hereof to the Registrar, all subject to the terms and conditions provided in the Resolution and to reasonable regulations of the Issuer contained. in any agreement with the Registrar. Thereupon the Issuer shall execute and the Registrar shall authenticate and deliver, in exchange for this Certificate, one or more new fully registered Certificates in the name of the transferee (but not registered in blank or to "bearer" or similar designation), of an Authorized Denomination or Denominations, in aggregate principal amount equal to the principal amount of this Certificate, of the same maturity and bearing interest at the same rate. Fees upon Transfer or Loss. The Registrar may require payment of a sum sufficient to cover any tax or other governmental charge payable in connection with the transfer or exchange of this Certificate and any legal or unusual costs regarding transfers and lost Certificates. Treatment of Registered Owners. The Issuer and Registrar may treat the person in whose name this Certificate is registered as the owner hereof for the purpose of receiving payment as herein provided and for all other purposes, whether or not this Certificate shall be overdue, and neither the Issuer nor the Registrar shall be affected by notice to the contrary. Authentication. This Certificate shall not be valid or become obligatory for any purpose or be entitled to any security unless the Certificate of Authentication hereon shall have been executed by the Registrar. 7 4513465x1 Qualified Tax - Exempt Obli ation. 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 issue hereof and the date of its issuance and delivery to the original purchaser, does not exceed any constitutional or statutory limitation of indebtedness. 45134650 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 facsimile signatures of its Mayor and its Deputy City Clerk, the corporate seal of the Issuer having been intentionally omitted as permitted by law. Date of Registration: REGISTRAR'S CERTIFICATE OF AUTHENTICATION This Certificate is one of the Certificates described in the Resolution mentioned within. U.S. BANK NATIONAL ASSOCIATION St. Paul, Minnesota Registrar By: Authorized Signature 4513465x1 Registrable by: U.S. BANK NATIONAL ASSOCIATION Payable at: U.S. BANK NATIONAL ASSOCIATION CITY OF ANDOVER ANOKA COUNTY, MINNESOTA /s/ Facsimile Mayor /s/ Facsimile Deputy City Clerk E ABBREVIATIONS The following abbreviations, when used in the inscription on the face of this Certificate, shall be construed as though they were written out in full according to applicable laws or regulations: TEN COM - as tenants in common TEN ENT - as tenants by the entireties JT TEN - as joint tenants with right of survivorship and not as tenants in common UTMA - as custodian for (Gust) under the Uniform (Minor) (State) Transfers to Minors Act Additional abbreviations may also be used though not in the above list. 10 4513465v1 ASSIGNMENT For value received, the undersigned hereby sells, assigns and transfers unto the within Certificate and does hereby irrevocably constitute and appoint attorney to transfer the Certificate on the books kept for the registration thereof, with full power of substitution in the premises. Dated: Notice: The assignor's signature to this assignment must correspond with the name as it appears upon the face of the within Certificate in every particular, without alteration or any change whatever. Signature Guaranteed: Signature(s) must be guaranteed by a national bank or trust company or by a brokerage firm having a membership in one of the major stock exchanges or any other "Eligible Guarantor Institution" as defined in 17 CFR 240.17 Ad- 15(a)(2). The Registrar will not effect transfer of this Certificate unless the information concerning the transferee requested below is provided. Name and Address: (Include information for all joint owners if the Certificate is held by joint account.) 11 4513465vl 8. Execution. The Certificates shall be in typewritten form, shall be executed on behalf of the City by the signatures of its Mayor and Clerk and be sealed with the seal of the City; provided, as permitted by law, both signatures may be photocopied facsimiles and the corporate seal has been omitted. In the event of disability or resignation or other absence of either officer, the Certificates may be signed by the manual or facsimile signature of the officer who may act on behalf of the absent or disabled officer. In case either officer whose signature or facsimile of whose signature shall appear on the Certificates shall cease to be such officer before the delivery of the Certificates, the signature or facsimile shall nevertheless be valid and sufficient for all purposes, the same as if the officer had remained in office until delivery. 9. Authentication. No Certificate shall be valid or obligatory for any purpose or be entitled to any security or benefit under this resolution unless a Certificate of Authentication on such Certificate, substantially in the form hereinabove set forth, shall have been duly executed by an authorized representative of the Registrar. Certificates of Authentication on different Certificates need not be signed by the same person. The Registrar shall authenticate the signatures of officers of the City on each Certificate by execution of the Certificate of Authentication on the Certificate and by inserting as the date of registration in the space provided the date on which the Certificate is authenticated, except that for purposes of delivering the original Certificates to the Purchaser, the Registrar shall insert as a date of registration the date of original issue of March 22, 2012. The Certificate of Authentication so executed on each Certificate shall be conclusive evidence that it has been authenticated and delivered under this resolution. 10, Registration; Transfer; Exchange. The City will cause to be kept at the principal office of the Registrar a certificate register in which, subject to such reasonable regulations as the Registrar may prescribe, the Registrar shall provide for the registration of Certificates and the registration of transfers of Certificates entitled to be registered or transferred as herein provided. Upon surrender for transfer of any Certificate at the principal office of the Registrar, the City shall execute (if necessary), and the Registrar shall authenticate, insert the date of registration (as provided in paragraph 9) of, and deliver, in the name of the designated transferee or transferees, one or more new Certificates of any Authorized Denomination or Denominations of a like aggregate principal amount, having the same stated maturity and interest rate, as requested by the transferor; provided, however, that no Certificate may be registered in blank or in the name of "bearer" or similar designation. At the option of the Holder, Certificates may be exchanged for Certificates of any Authorized Denomination or Denominations of a like aggregate principal amount and stated maturity, upon surrender of the Certificates to be exchanged at the principal office of the Registrar. Whenever any Certificates are so surrendered for exchange, the City shall execute (if necessary), and the Registrar shall authenticate, insert the date of registration of, and deliver the Certificates which the Holder making the exchange is entitled to receive. All Certificates surrendered upon any exchange or transfer provided for in this resolution shall be promptly canceled by the Registrar and thereafter disposed of as directed by the City. 12 4513465v1 All Certificates delivered in exchange for or upon transfer of Certificates shall be valid general obligations of the City evidencing the same debt, and entitled to the same benefits under this resolution, as the Certificates surrendered for such exchange or transfer. Every Certificate presented or surrendered for transfer or exchange shall be duly endorsed or be accompanied by a written instrument of transfer, in form satisfactory to the Registrar, duly executed by the Holder thereof or his, her or its attorney duly authorized in writing. The Registrar may require payment of a sum sufficient to cover any tax or other governmental charge payable in connection with the transfer or exchange of any Certificate and any legal or unusual costs regarding transfers and lost Certificates. Transfers shall also be subject to reasonable regulations of the City contained in any agreement with the Registrar, including regulations which permit the Registrar to close its transfer books between record dates and payment dates. The Deputy City Clerk, or other authorized official of the City, is hereby authorized to negotiate and execute the terms of said agreement. 11. Rights Upon Transfer or Exchange. Each Certificate delivered upon transfer of or in exchange for or in lieu of any other Certificate shall carry all the rights to interest accrued and unpaid, and to accrue, which were carried by such other Certificate. 12. Interest Payment; Record Date. Interest on any Certificate shall be paid on each Interest Payment Date by check or draft mailed to the person in whose name the Certificate is registered (the "Holder ") on the registration books of the City maintained by the Registrar and at the address appearing thereon at the close of business on the fifteenth (15th) day of the calendar month next preceding such Interest Payment Date (the "Regular Record Date "). Any such interest not so timely paid shall cease to be payable to the person who is the Holder thereof as of the Regular Record Date, and shall be payable to the person who is the Holder thereof at the close of business on a date (the "Special Record Date ") fixed by the Registrar whenever money becomes available for payment of the defaulted interest. Notice of the Special Record Date shall be given by the Registrar to the Holders not less than ten (10) days prior to the Special Record Date. 13. Treatment of Registered Owner. The City and Registrar may treat the person in whose name any Certificate is registered as the owner of such Certificate for the purpose of receiving payment of principal of and premium, if any, and interest (subject to the payment provisions in paragraph 12 above with respect to payment and record date) on such Certificate and for all other purposes whatsoever whether or not such Certificate shall be overdue, and neither the City nor the Registrar shall be affected by notice to the contrary. 14. Delivery; Application of Proceeds. The Certificates when so prepared and executed shall be delivered by the Assistant Finance Director to the Purchaser upon receipt of the purchase price, and the Purchaser shall not be obliged to see to the proper application thereof. 15. Fund and Accounts. There is hereby created a special fund to be designated the "General Obligation Equipment Certificates, Series 2012A Fund" (the "Fund ") to be 13 4513465v1 administered and maintained by the Assistant Finance Director as a bookkeeping account separate and apart from all other funds maintained in the official financial records of the City. The Fund shall be maintained in the manner herein specified until all of the Certificates and the interest thereon have been fully paid. There shall be maintained in the Fund the following separate accounts: (i) Capital Account. To the Capital Account there shall be credited the proceeds of the sale of the Certificates, less any amount paid for the Certificates in excess of the minimum bid. From the Capital Account there shall be paid all costs and expenses of the acquisition of the equipment, including all costs incurred and to be incurred of the kind authorized in Minnesota Statutes, Section 475.65; and 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. (ii) Debt Service Account. There are hereby irrevocably appropriated and pledged to, and there shall be credited to, the Debt Service Account: (a) all funds paid for the Certificates in excess of the minimum bid; (b) all taxes herein and hereafter levied for the payment of the Certificates; (c) all funds remaining in the Capital Account after the payment of all costs of acquisition of the Equipment; (d) all investment earnings on funds held in the Debt Service Account; and (e) 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 (i) for a reasonable temporary period until such proceeds are needed for the purpose for which the Certificates were issued and (ii) in addition to the above in an amount not greater than the lesser of five percent (5 %) 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 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 "). 14 4513465v1 16. 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 Lev v Year of Tax Collection Amount 2012 -2015 2013 -2016 (See attached schedule) The tax levies are such that if collected in fall they, together with other revenues herein pledged for the payment of the Certificates, will produce at least five percent (5 %) 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. 17. 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 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, subject to sale and /or reinvestment, to pay all amounts to become due thereon to maturity. 18. 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. 19. Certificate of Registration and Tax Levv. A certified copy of this resolution is hereby directed to be filed with the County Auditor of Anoka County, Minnesota, together with such other information the County Auditor shall require and there shall be obtained from the County Auditor a certificate that the Certificates have been entered in the County Auditor's bond register, and that the tax levy required by law has been made. 20. 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 15 45134650 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, 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. 21. Compliance with Reimbursement 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 (60) days after the date of payment of a Reimbursement Expenditure, the City (or person designated to do so on behalf of the City) has made or will have made a written declaration of the City's official intent (a "Declaration ") which effectively (i) states the City's reasonable expectation to reimburse itself for the payment of the Reimbursement Expenditure out of the proceeds of a subsequent borrowing; (ii) gives a general and functional description of the property, project or program to which the Declaration relates and for which the Reimbursement Expenditure is paid, or identifies a specific fund or account of the City and the general functional purpose thereof from which the Reimbursement Expenditure was to be paid (collectively the "Project "); and (iii) states the maximum principal amount of debt expected to be issued by the City for the purpose of financing the Project; provided, however, that no such Declaration shall necessarily have been made with respect to: (i) "preliminary expenditures" for the Project, defined in the Reimbursement Regulations to include engineering or architectural, surveying and soil testing expenses and similar prefatory costs, which in the aggregate do not exceed 20% of the "issue price" of the Certificates, and (ii) a de minimis amount of Reimbursement Expenditures not in excess of the lesser of $100,000 or 5% 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. (d) 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 16 4513465v1 within 30 days after the Certificates are issued, shall be treated as made on the day the Certificates are issued. Provided, however, that the City may take action contrary to any of the foregoing covenants in this paragraph 21 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. 22. Negative Covenant as to Use of Proceeds and Equipment. The City hereby covenants not to use the proceeds of the Certificates or the equipment financed thereby, or to cause or permit them to be used, or to enter into any deferred payment arrangements for the cost of the equipment, 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. 23. 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 (95 %) 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. 24. Designation of Qualified Tax - Exempt Obligations; Issuance Limit. 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; 17 4513465x1 (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 2012 will not exceed $10,000,000; and (e) not more than $10,000,000 of obligations issued by the City during this calendar year 2012 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. 25. Continuing Disclosure. The City is the sole obligated person with respect to the Bonds. The City hereby agrees, in accordance with the provisions of Rule 15c2 -12 (the "Rule "), promulgated by the Securities and Exchange Commission (the "Commission ") pursuant to the Securities Exchange Act of 1934, as amended, and a Continuing Disclosure Undertaking (the "Undertaking ") hereinafter described to: (a) Provide or cause to be provided to the Municipal Securities Rulemaking Board (the "MSRB ") by filing at www.emma.msrb.org in accordance with the Rule, certain annual financial information and operating data in accordance with the Undertaking. The City reserves the right to modify from time to time the terms of the Undertaking as provided therein. (b) Provide or cause to be provided to the MSRB notice of the occurrence of certain events with respect to the Bonds in not more than ten (10) business days after the occurrence of the event, in accordance with the Undertaking. (c) Provide or cause to be provided to the MSRB notice of a failure by the City to provide the annual financial information with respect to the City described in the Undertaking, in not more than ten (10) business days following such amendment. (d) The City agrees that its covenants pursuant to the Rule set forth in this paragraph and in the Undertaking is intended to be for the benefit of the Holders of the Bonds and shall be enforceable on behalf of such Holders; provided that the right to enforce the provisions of these covenants shall be limited to a right to obtain specific enforcement of the City's obligations under the covenants. The Mayor and Clerk of the City, or any other officer of the City authorized to act in their place (the "Officers ") are hereby authorized and directed to execute on behalf of the City the Undertaking in substantially the form presented to the City Council subject to such modifications thereof or additions thereto as are (i) consistent with the requirements under the Rule, (ii) required by the Purchaser of the Bonds, and (iii) acceptable to the Officers. 26. Payment of Issuance Expenses. The City authorizes the Purchaser to forward the amount of Certificate proceeds allocable to the payment of issuance expenses to K1einBank, in Chaska, Minnesota, on the closing date for further distribution as directed by the City's financial advisor, Ehlers. 4513465x1 27. 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. 28. Headings. Headings in this resolution are included for convenience of reference only and are not a part hereof, and shall not limit or define the meaning of any provision hereof. The motion for the adoption of the foregoing resolution was duly seconded by Member and, after a full discussion thereof and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: Whereupon said resolution was declared duly passed and adopted. 19 4513465v1 STATE OF MINNESOTA COUNTY OF ANOKA CITY OF ANDOVER I, the undersigned, being the duly qualified Deputy City Clerk of the City of Andover, Minnesota, DO HEREBY CERTIFY that I have compared the attached and foregoing extract of minutes with the original thereof on file in my office, and that the same is a full, true and complete transcript of the minutes of a meeting of the City Council of said City, duly called and held on the date therein indicated, insofar as such minutes relate to considering proposals for and authorizing the issuance of, $585,000 General Obligation Equipment Certificates, Series 2012A of said City. WITNESS my hand this day of March, 2012. Deputy City Clerk 20 4513465v1 STATE OF MINNESOTA COUNTY OF ANOKA COUNTY AUDITOR'S CERTIFICATE AS TO TAX LEVY AND REGISTRATION I, the undersigned, being the duly qualified and acting County Auditor of Anoka County, Minnesota, DO HEREBY CERTIFY that on the date hereof, there was filed in my office a certified copy of a resolution adopted on March 6, 2012, by the City Council of the City of Andover, Minnesota, authorizing the issuance of $585,000 General Obligation Equipment Certificates, Series 2012A (the "Obligations ") and levying a tax for the payment thereof, together with full information regarding the Obligations for which the tax was levied; and said Obligations have been entered in my Register and the tax levy required by law has been made. WITNESS my hand and the seal of the County Auditor this day of 2012. (SEAL) 4513465v1 County Auditor SIGNATURE AND NONLITIGATION CERTIFICATE We, the undersigned, being respectively the duly qualified and acting Mayor and Deputy City Clerk of the City of Andover, Anoka County, Minnesota, DO HEREBY CERTIFY that we did, in our official capacities as such officers, sign our own proper names by facsimile signature, attested by the manual signature of a person or persons authorized on behalf of U. S. Bank National Association in St. Paul, Minnesota, duly designated by the City Council as Registrar and authenticating agent ( "Registrar ") on the City's $585,000 General Obligation Equipment Certificates, Series 2012A (the "Certificates "), dated March 22, 2012, as the date of original issue, and numbered from R -1 upward, each in the denomination equal to the total principal amount for the Certificates due on the specified maturity date therefor. The Certificates mature on February 1 in the years and amounts and bear interest until paid or discharged as follows: Interest Year Amount Rate 2016 $ 50,000 2.00% 2017 535,000 2.00 WE FURTHER CERTIFY that the signature of Lee Brezinka affixed hereto is the true and proper signature of the qualified and acting Assistant Finance Director of the City. WE FURTHER CERTIFY that we are now and were on the date of signing the Certificates, the duly qualified and acting officers therein indicated, and duly authorized to execute the same, and that U.S. Bank National Association in St. Paul, Minnesota, has been duly authorized to act as agent of the City for purposes of authenticating the Certificates by one or more persons signing certificates on behalf of the Registrar, and we hereby ratify, confirm, and adopt our facsimile signatures on the Certificates as the true and proper signatures for the execution thereof. WE FURTHER CERTIFY that the Certificates have been in all respects duly executed for delivery pursuant to authority conferred upon us as such officers; and no obligations other than those above described have been issued pursuant to such authority, and that none of the proceedings or records which have been certified to the purchasers of the Certificates or the attorneys approving the same have been in any manner repealed, amended or changed, and that there has been no change in the financial condition of the City, or of the facts affecting the Certificates. WE FURTHER CERTIFY that the Official Statement prepared for the issuance of the Certificates as of its date and the date hereof, did not and does not contain any untrue statement of material fact or omit to state any material fact necessary in order to make the statements made therein, in light of the circumstances under which they were made, not misleading. WE FURTHER CERTIFY that there is no litigation pending or, to our knowledge, threatened questioning the organization or boundaries of the City, or the right of any of us to our respective offices, or in any manner questioning our right and power to execute and deliver the 45134650 Certificates, or otherwise questioning the validity of the Certificates or the levy of taxes for the payment of the Certificates and the interest thereon. 4513465vl Dated: March 22, 2012 CITY OF ANDOVER, MINNESOTA Mayor Deputy City Clerk Assistant Finance Director 4513465v1 ASSISTANT FINANCE DIRECTOR'S RECEIPT I, the undersigned, being the duly qualified and acting Assistant Finance Director of the City of Andover, Minnesota, do hereby certify and acknowledge that on the date hereof, I received from Cronin & Company, Inc., in Minneapolis, Minnesota, the purchaser of $585,000 General Obligation Equipment Certificates, Series 2012A, dated March 22, 2012, as the date of original issue, $ , the purchase price thereof, no interest having accrued to the date hereof and the Certificates were thereupon delivered to the purchaser. Dated: March 22, 2012 4513465v1 CITY OF ANDOVER, MINNESOTA. Assistant Finance Director 4513465v1 CERTIFICATE OF REGISTRAR AND AUTHENTICATING AGENT I, , do hereby certify that I am a duly appointed and acting as such, of U.S. Bank National Association, in St. Paul, Minnesota (the "Registrar "). Pursuant to authorization and direction of the City of Andover, Minnesota (the "City "), certain of the authorized officers listed on the attached Exhibit A have this day authenticated each of the certificates of the $585,000 General Obligation Equipment Certificates, Series 2012A (the "Certificates "), being fully registered form in denominations equal to the total principal amount of the Certificates due on the specified maturity dates therefor and bearing the numbers of R -1 and upward and have caused each Certificate to be registered in the name of a "person" as defined in Section 1 -201 of the Uniform Commercial Code, all in accordance with the provisions of the resolution adopted by the City Council on March 6, 2012 (the "Resolution "). 2. The authorized officers who have signed the certificates have been duly authorized to sign said Certificates on behalf of the Registrar acting as authenticating agent. To the best of our knowledge the provisions of any bond registrar's agreement to be entered into between the City and the Registrar will not conflict with the provisions of the Resolution with respect to the duties and responsibilities of the Registrar set forth therein. 4. The CUSIP (Committee of Uniform Securities Identification Procedure) number of the Certificate with the latest maturity is: 034313 ZC3. Dated:. March 22, 2012. U.S. BANK NATIONAL ASSOCIATION By Authorized Officer 4513465v1 CERTIFICATE OF PURCHASER I, , do hereby certify that I am the duly qualified and acting of Cronin & Company, Inc., in Minneapolis, Minnesota (the "Purchaser "), and as such officer I do hereby further certify as follows: 1. The Purchaser is purchasing on the date hereof $585,000 General Obligation Equipment Certificates, Series 2012A (the "Certificates ") of the City of Andover, Minnesota (the "Issuer "). 2. The Purchaser hereby represents and certifies that each maturity of the Certificates has been the subject of a bona fide initial offering to the public (excluding bond houses, brokers, or similar person or organizations acting in the capacity of underwriters or wholesalers) and that the reasonably expected reoffering price of the Certificates to the public is $585,000, excluding accrued interest. Calculations of the issue price for each maturity are as shown on Exhibit A. 3. At least 10% of the principal amount of each maturity of the Certificates was sold to the public (excluding bond houses, brokers, or similar persons or organizations acting in the capacity of underwriters or wholesalers) at not greater than the respective initial reoffering prices set forth on Exhibit A, except for the Certificates maturing in the years , and 4. At the time the Purchaser agreed to purchase the Certificates, based upon the then prevailing market conditions, the Purchaser reasonably expected that at least 10% of the principal amount of each maturity of the Certificates would be sold to the public (excluding bond houses, brokers, or similar persons or organizations acting in the capacity of underwriters or wholesalers) at the yield or price and rate indicated on Exhibit A, and the Purchaser had no reason to believe that any of the Certificates would be sold to the public (excluding bond houses, brokers or other persons or organizations acting in the capacity as underwriters or wholesalers) at prices greater than such offering prices or yields lower than such offering yields, as the case may be, and that the initial offering price of each maturity of the Certificates to the public (excluding bond houses, brokers, or other persons or organizations acting in the capacity as underwriters or wholesalers) represented their fair market value. 5. This certificate is given as a representation of the Purchaser, and may be relied upon by the Issuer. Dated: March 22, 2012. 4513465v1 CRONIN & COMPANY, INC. Lo EXHIBIT A Sale Price* (Exclusive of Maturi ty Accrued Interest) 2016 2017 SUBTOTAL PLUS ACCRUED INTEREST $ -0- ISSUE PRICE" (AGGREGATE) Assuming deliveries to customers on the date of delivery to the Purchaser by the Issuer. ** Issue Price is the price to customers, and includes accrued interest. This Exhibit A assumes the use of a typical cost formula for customers such as par or a percent of par, l�us accrued interest. 4513465v1 CONSULTANTS CERTIFICATION The undersigned, being duly authorized to execute this Certification on behalf of Ehlers & Associates, Inc. (the "Consultants "), hereby certifies that the following information is true and correct to the best of our knowledge in reliance upon certain information provided to us by the City of Andover, Minnesota (the "Issuer ") and by Cronin & Company, Inc., the original purchaser of $585,000 General Obligation Equipment Certificates, Series 2012A, dated March 22, 2012 (the "Certificates "). This Certificate is being furnished to Briggs and Morgan, P.A. for the exclusive purpose of completing and filing on a timely basis I.R.S. Informational Statement (Form 8038 -G) for the Issuer: the Issuer's federal employer identification number (EIN) is: 41- ; 2. the weighted average maturity based on the issue price of each maturity of the Certificates and from their date of issue (not based on the face amount of the Certificates or from their dated date) is years; and 3. the yield on the Certificates to maturity, based on the information supplied by the Purchaser in the Certificate of Purchaser is %.. Dated: March 22, 2012. EHLERS & ASSOCIATES, INC. IM 4513465x1 NONARBITRAGE CERTIFICATE The undersigned are the duly qualified and acting Mayor, Assistant Finance Director, and Deputy City Clerk of the City of Andover, Anoka County, Minnesota (the "City "), charged, either alone or with others, with the responsibility of issuing the City's $585,000 General Obligation Equipment Certificates, Series 2012A, dated March 22, 2012, as the date of original issue (the "Certificates "). This Certificate is being executed in accordance with the income tax regulations relating to arbitrage bonds (the "Regulations ") and may be relied upon as a certification under Section 1.148- 2(b)(2) of the Regulations under Section 148 of the Internal Revenue Code of 1986, as amended (the "Code "). The undersigned, having made an investigation of the facts, circumstances and estimates pertaining to and in connection with the Certificates, hereby certify and reasonably expect as follows with respect to the Certificates: 1. Purpose. The proceeds of the Certificates will be used to finance the acquisition of capital equipment for the City (the "Equipment "). As of the date hereof, all of the representations and statements of fact contained in the resolution adopted by the City Council on March 6, 2012 (the "Resolution "), relating to the Certificates are true and correct, and nothing has occurred between the date of adoption of the Resolution and the date hereof to cause any expectation or covenant stated in the Resolution to become unlikely or impossible of occurrence or performance, unreasonable or otherwise invalid. 2. Only Issue. No tax exempt obligations of the City will be sold within 15 days of the Certificates pursuant to a common plan of financing with the Certificates (or will have substantially the same claim as the Certificates will have to be paid out of substantially the same source of funds). 3. Proceeds and Uses. The Certificates were delivered and paid for on the date of this Certificate. The total sale proceeds received of the Certificates (i.e., the issue price of the Certificates or the offering price of the Certificates to the public) is ($585,000), which together with accrued interest ( -0 -) and earnings thereon estimated to amount to $ -0 -, do not exceed the total of- (i) $ the estimated total financeable costs of the Project; (ii) $ , the expenses anticipated to be incurred in connection with the issuance of the Certificates, including Underwriting Compensation as defined below; and (iii) Service Account. of unused discount to be deposited in the Debt Underwriting Compensation is the difference between the amount paid by the underwriter in purchasing the Certificates from the City and the issue price or reoffering price of the Certificates to the public. 45134650 4. Governmental Purposes; No Over - Issuance. The stated purposes of the Certificates are governmental purposes within the meaning of applicable law and regulations. The Sale Proceeds of the Certificates (i.e., the issue price of the Certificates less accrued interest), less any amounts used to pay issuance expenses, together with estimated earnings thereon, will not exceed the estimated dollar cost of acquiring the Equipment less all other funds to be expended for paying such costs. 5. Fund and Accounts. The Certificates are payable from the City's General Obligation Equipment Certificates, Series 2012A Fund (the "Fund "), which Fund contains the following accounts: a Capital Account (for the acquisition of the equipment) and a Debt Service Account (for payment of debt service on the Certificates). 6. Capital Account Time Test; Due Diligence Test. Test. (a) Costs of Acquisition and Issuance. The costs of acquiring the Equipment and issuing the Certificates will be paid from the Capital Account in the Fund. The City reasonably expects to satisfy the time test, the due diligence test and the expenditure test as set forth below: (i) Time Test. Substantial binding contracts or commitments for acquiring the Equipment obligating the expenditure of not less than $ (five percent (5 %) of the Net Sale Proceeds (defined herein) of the Certificates) have heretofore been entered into or made or will be entered into or made within six (6) months from the date hereof. Net Sale Proceeds is the issue price of the Certificates less the accrued interest and less any bond proceeds deposited in any reserve fund or account. All such contracts are, or will be, binding obligations of the City. (ii) Due Diligence Test. The acquisition of the Equipment and the allocation of the Net Sale Proceeds of the Certificates to expenditures has proceeded and will continue to proceed with due diligence to completion. The Equipment is estimated to be purchased by , 20. (iii) Expenditure Test. Any contract or commitment for the acquisition of the Equipment heretofore or hereafter executed has provided or will provide for the acquisition of the Equipment in less than three (3) years from the date hereof; and proceeds of the Certificates in an amount equal to at least eighty -five percent (85 %) of the Net Sale Proceeds of the Certificates will be spent in paying the cost of the acquisition of the Equipment within three (3) years from the date hereof. (b) Costs of Issuance, Transfer. The costs of issuing the Certificates will be incurred and paid within three (3) years from the date hereof. Any moneys remaining in the Capital Account after acquisition of the Equipment and payment of the costs of issuing the Certificates will be transferred to the Debt Service Account unless transferred to the fund of any other purchaser as authorized by law. (c) Investments. The City shall not invest amounts in the Capital Account at a yield materially higher than the yield on the Certificates or in obligations exempt from federal income taxation under Section 103(a) of the Code if and to the extent moneys remain therein after the earlier of (i) acquisition of the Project is complete or, (ii) three (3) years from the date hereof. 4513465v1 7. Debt Service Account: Funding; Investment Covenants. The principal and interest on the Certificates are payable from the Debt Service Account. The City has covenanted that any sums from time to time held in the Capital Account and the Debt Service Account (or any other account of the City which will be used to pay debt service on the Certificates in excess of amounts which under then applicable federal arbitrage regulations may be invested without regard to yield (after taking into account all temporary periods) shall not be invested at a yield in excess of the applicable yield restrictions imposed by said arbitrage regulations on such investments. Other than the Debt Service Account, there is no other fund or account of cash or securities which the City has set aside and expects to invest or maintain at a yield greater than the yield on the Certificates for the purpose of paying debt service on the Certificates. 8. Debt Service Account: Bona Fide Debt Service Fund; Minor Portion; Temporary Periods; Yield. The Debt Service Account serves two functions: (i) a bona fide debt service fund (within the meaning of Section 1.148 -1(b) of the Regulations) which is used primarily to achieve a proper matching of revenues and principal and interest payments within each Bond Year and is depleted at least once a Bond Year except for a reasonable carryover amount not exceeding the greater of the earnings on the Debt Service Account for the immediately preceding Bond Year or one - twelfth of principal and interest payments on the Certificates for the immediately preceding Bond Year, and (ii) a sinking fund (within the meaning of Section 1.148 - I(c)(2) of the Regulations), and each such function shall be treated for the purposes hereof as if it occurred in a separate account. Amounts deposited in the Debt Service Account which are to be used not be used to pay debt service on the Certificates within twelve months of their receipt by the City (or which are a reasonable carryover amount with respect thereto) will be invested without regard to yield for a temporary period not longer than thirteen months. Receipts in the Debt Service Account which will not be used to pay debt service on the Certificates within thirteen months of their receipt will be invested without regard to yield to the extent they do not exceed the "minor portion" of $ , which is an amount equal to the lesser of $100,000 or five percent of the Sale Proceeds of the Certificates. Sale Proceeds of the Certificates are the issue price of the Certificates less accrued interest. All receipts in the Debt Service Account may be invested without regard to yield for a temporary period of thirty days from receipt, and investment earnings on such sums may be invested without regard to yield for a longer temporary period of one year from receipt. Amounts not entitled to a temporary period or within said minor portion will not be invested at a yield which is materially higher than the yield on the Certificates, or will be invested without regard to yield in tax- exempt bonds as defined in Section 150(a)(6) of the Code, being obligations the interest on which is excluded from gross income under Section 103(a) of the Code. 9. Yield Determination, Materially Higher. The yield on the Certificates is based on the issue price of the Certificates being the initial offering price to the public (excluding bond houses and brokers) as shown in the Certificate of Purchaser, at which a substantial amount (at least 10 %) of each maturity of the Certificates was sold, except as otherwise set forth in the Certificate of Purchaser. On the date hereof, the yield of the Certificates has been calculated to be %; this yield on the Certificates will be recalculated if and as required by 3 4513465v1 the Code or the Regulations. A "materially higher" yield is defined at Section 1.148- 2(d)(2) of the Regulations and is generally one - eighth of one percent (0.125 %). 10. Rebate. The City is a "small City" not subject to the rebate requirement imposed by Section 148(f) of the Code by reason of issuing (together with all subordinate entities thereof, and all entities thereof, and all entities treated as one with the City) less than $5,000,000 of tax - exempt governmental obligations during the calendar year as provided in Section 148(f)(4)(D) of the Code. 11. Intentional Acts. The City shall not intentionally use any portion of the proceeds of the Certificates directly or indirectly to acquire higher yielding investments or to replace funds which were used directly or indirectly to acquire higher yielding investments except to the extent such investments would not have caused the Certificates to be arbitrage bonds if reasonably expected on the date hereof. 12. Basis For Expectations. The facts and estimates on which the foregoing expectations are based are (a) the documents included in the "Transcript" prepared for the Closing, (b) all estimates heretofore furnished the City with respect to the Equipment, (c) all contracts, if any, heretofore executed for the acquisition of the Equipment, (d) all expenditures which were heretofore made by the City for the acquisition of the Equipment and which are to be reimbursed out of the proceeds of the Certificates, and (e) such other facts and estimates, if any, as may be set forth in an Exhibit A attached hereto. 13. Not Abusive Transaction. No "abusive arbitrage device" within the meaning of Section 1.148 -10 of the Regulations is used in connection with the Certificates. No action relating to the Certificates has the effect of (i) enabling the City to exploit the difference between tax - exempt and taxable interest rates to obtain a material financial advantage and (ii) overburdening the tax- exempt bond market. 14. Reimbursement Expenditures. $ of the proceeds of the Bonds will be used to reimburse the City for reimbursement expenditures. The official intent declaration of the City was dated 15. Monitoring of f Expenditures and Investments. (a) The City will monitor the expenditure of bond proceeds and the use of the facilities financed with proceeds of the Bonds in order to assure that the Bonds continue to qualify as "qualified bonds" within the meaning of Section 141(e) or Section 145 of the Code, and the City will consult with Bond Counsel as necessary to determine whether, and to what extent, if as a result of any change in the use or purpose of the financed facilities any remedial action is required under Sections 1.141 -12, 1.142 -2 and/or 1.145 -2 of the Income Tax Regulations. (b) The City will monitor the investment of bond proceeds to assure compliance with Section 148 of the Code, and the City will consult with Bond Counsel periodically with regard to arbitrage issues and compliance. El 4513465v1 16. Familiarity; Conclusion. We are generally familiar with the requirements of the Regulations, and nothing has been called to our attention to cause us to believe that the proceeds of the Certificates will be used in a manner which would cause the Certificates to be arbitrage bonds within the meaning of Section 148 of the Code. 17. No Other Facts. To the best of the knowledge and belief of the undersigned, there are no other facts, estimates or circumstances which would materially change the foregoing facts and conclusions. 4513465v1 Dated: March 22, 2012. CITY OF ANDOVER, MINNESOTA Mayor Deputy City Clerk Assistant Finance Director 4513465x1 CONTINUING DISCLOSURE UNDERTAKING This Continuing Disclosure Undertaking (the "Disclosure Undertaking ") is executed and delivered by the City of Andover, Minnesota (the "Issuer "), in connection with the issuance of $585,000 General Obligation Equipment Certificates, Series 2012A (the "Bonds "). The Bonds are being issued pursuant to a Resolution adopted on March 6, 2012 (the "Resolution "). Pursuant to the Resolution and this Undertaking, the Issuer covenants and agrees as follows: SECTION 1. Purpose of the Disclosure Undertaking. This Disclosure Undertaking is being executed and delivered by the Issuer for the benefit of the Owners and in order to assist the Participating Underwriters in complying with SEC Rule 15c2- 12(b)(5). SECTION 2. Definitions. In addition to the definitions set forth in the Resolution, which apply to any capitalized term used in this Disclosure Undertaking unless otherwise defined in this Section, the following capitalized terns shall have the following meanings: "Annual Report" shall mean any annual financial information provided by the Issuer pursuant to, and as described in, Sections 3 and 4 of this Disclosure Undertaking. "Audited Financial Statements" shall mean the financial statements of the Issuer audited annually by an independent certified public accounting firm, prepared pursuant to generally accepted accounting principles promulgated by the Financial Accounting Standards Board, modified by governmental accounting standards promulgated by the Government Accounting Standards Board. "Dissemination Agent" shall mean such party from time to time designated in writing by the Issuer to act as information dissemination agent and which has filed with the Issuer a written acceptance of such designation. "Fiscal Year" shall be the fiscal year of the Issuer. "Governing Body" shall, with respect to the Bonds, have the meaning given that term in Minnesota Statutes, Section 475.5 1, Subdivision 9. "MSRB" shall mean the Municipal Securities Rulemaking Board. "Occurrence(s)" shall mean any of the events listed in Section 5 of this Disclosure Undertaking. "Official Statement" shall be the Official Statement dated , 2012, prepared in connection with the Bonds. "Owners" shall mean the registered holders and, if not the same, the beneficial owners of any Bonds. "Participating Underwriter" shall mean any of the original underwriters of the Bonds required to comply with the Rule in connection with offering of the Bonds. 4513465x1 "Resolution" shall mean the resolution or resolutions adopted by the Governing Body of the Issuer providing for, and authorizing the issuance of, the Bonds. "Rule" shall mean Rule 15c2- 12(b)(5) adopted by the Securities and Exchange Commission under the Securities Exchange Act of 1934, as the same may be amended from time to time or interpreted by the Securities and Exchange Commission. SECTION 3. Provision of Annual Reports. A. Beginning in connection with the Fiscal Year ending on December 31, 20_, the Issuer shall, or shall cause the Dissemination Agent to, as soon as available, but in any event not later than December 31, 20 , and by December 31 of each year thereafter, provide to the MSRB by filing at www.emma.msrb.org, together with such identifying information as prescribed by the MSRB, an Annual Report which is consistent with the requirements of Section 4 of this Disclosure Undertaking. B. If the Issuer is unable to provide to the MSRB an Annual Report by the date required in subsection A, the Issuer shall send a notice of such delay and estimated date of delivery to the MSRB. SECTION 4. Content and Format of Annual Reports. The Issuer's Annual Report shall contain or incorporate by reference the financial information and operating data pertaining to the Issuer listed below as of the end of the preceding Fiscal Year. The Annual Report may be submitted to the MSRB as a single document or as separate documents comprising a package, and may cross - reference other information as provided in this Disclosure Undertaking. The following financial information and operating data shall be supplied: A. An update of the operating and financial data of the type of information contained in the Official Statement under the captions: Current Property Valuations; Direct Debt; Tax Levies & Collections; Population Trend; and Employment/Unemployment. B. Audited Financial Statements of the Issuer. The Audited Financial Statements of the Issuer may be submitted to the MSRB separately from the balance of the Annual Report. In the event Audited Financial Statements of the Issuer are not available on or before the date for filing the Annual Report with the MSRB as set forth in Section 3.A. above, unaudited financial statements shall be provided as part of the Annual Report. The accounting principles pursuant to which the financial statements will be prepared will be pursuant to generally accepted accounting principles promulgated by the Financial Accounting Standards Board, as such principles are modified by the governmental accounting standards promulgated by the Government Accounting Standards Board, as in effect from time to time. If Audited Financial Statements are not provided because they are not available on or before the date for filing the Annual Report, the Issuer shall promptly provide them to the MSRB when available. SECTION 5. Reporting of Significant Events. This Section 5 shall govern the giving of notices of the occurrence of any of the following events with respect to the Bonds: (1) Principal and interest payment delinquencies; 4513465v1 (2) Non - payment related defaults, if material; (3) Unscheduled draws on debt service reserves reflecting financial difficulties; (4) Unscheduled draws on credit enhancements reflecting financial difficulties; (5) Substitution of credit or liquidity providers, or their failure to perform; (6) Adverse tax opinions, the issuance by the Internal Revenue Service of proposed or final determinations of taxability, Notices of Proposed Issue (IRS Form 5701 - TEB), or other material notices or determinations with respect to the tax status of the Bonds, or other material events affecting the tax status of the Bonds; (7) Modifications to rights of security holders, if material; (8) Bond calls, if material, and tender offers; (9) Defeasances; (10) Release, substitution, or sale of property securing repayment of the Bonds, if material; . (11) Rating changes; (12) Bankruptcy, insolvency, receivership or similar event of the Issuer; (13) The consummation of a merger, consolidation, or acquisition involving an obligated person or the sale of all or substantially all of the assets of the obligated person, other than in the ordinary course of business, the entry into a definitive agreement to undertake such an action or the termination of a definitive agreement relating to any such actions, other than pursuant to its teens, if material; (14) Appointment of a successor or additional trustee or the change of name of a trustee, if material. Whenever an event listed above has occurred, the Issuer shall promptly, which may not be in excess of the ten (10) business days after the Occurrence, file a notice of such Occurrence with the MSRB, by filing at www.emma.msrb.org, together with such identifying information as prescribed by the MSRB. The Issuer agrees to provide or cause to be provided, in a timely manner, to the MSRB notice of a failure by the Issuer to provide the Annual Reports described in Section 4. SECTION 6. Termination of Reporting Obli ag tion. The Issuer's obligations under this Disclosure Undertaking shall terminate upon the legal defeasance, prior redemption or payment in full of all of the Bonds. SECTION 7. Dissemination Agent. The Issuer may, from time to time, appoint or engage a Dissemination Agent to assist it in carrying out its obligations under this Disclosure Undertaking, and may discharge any such Agent, with or without appointing a successor Dissemination Agent. SECTION 8. Amendment; Waiver. Notwithstanding any other provision of this Disclosure Undertaking, the Issuer may amend this Disclosure Undertaking, and any provision of this Disclosure Undertaking may be waived, if (a) a change in law or change in the ordinary business or operation of the Issuer has occurred, (b) such amendment or waiver would not, in and of itself, cause the undertakings herein to violate the Rule if such amendment or waiver had been effective on the date hereof but taking into account any subsequent change in or official 4513465v1 interpretation of the Rule, and (c) such amendment or waiver is supported by an opinion of counsel expert in federal securities laws to the effect that such amendment or waiver would not materially impair the interests of Owners. SECTION 9. Additional Information. Nothing in this Disclosure Undertaking shall be deemed to prevent the Issuer from disseminating any other information, using the means of dissemination set forth in this Disclosure Undertaking or any other means of communication, or including any other information in any Annual Report or notice of an Occurrence, in addition to that which is required by this Disclosure Undertaking. If the Issuer chooses to include any information in any Annual Report or notice of an Occurrence in addition to that which is specifically required by this Disclosure Undertaking, the Issuer shall have no obligation under this Disclosure Undertaking to update such information or include it in any future Annual Report or notice of an Occurrence. SECTION 10. Default. In the event of a failure of the Issuer to provide information required by this Disclosure Undertaking, any Owner may take such actions as may be necessary and appropriate, including seeking mandamus or specific performance by court order, to cause the Issuer to comply with its obligations to provide information under this Disclosure Undertaking. A default under this Disclosure Undertaking shall not be deemed an Event of Default under the Resolution, and the sole remedy under this Disclosure Undertaking in the event of any failure of the Issuer to comply with this Disclosure Undertaking shall be an action to compel performance. SECTION 11. Beneficiaries. This Disclosure Undertaking shall inure solely to the benefit of the Issuer, the Participating Underwriters and Owners from time to time of the Bonds, and shall create no rights in any other person or entity. SECTION 12. Reserved Rights. The Issuer reserves the right to discontinue providing any information required under the Rule if a final determination should be made by a court of competent jurisdiction that the Rule is invalid or otherwise unlawful or, subject to the provisions of Section 8 hereof, to modify the undertaking under this Disclosure Undertaking if the Issuer determines that such modification is required by the Rule or by a court of competent jurisdiction. Date: 2012. CITY OF ANDOVER, MINNESOTA By Its Mayor By Its Clerk 4513465v1 $585,000 GENERAL OBLIGATION EQUIPMENT CERTIFICATES, SERIES 2012A CITY OF ANDOVER ANOKA COUNTY MINNESOTA We have acted as bond counsel in connection with the issuance by the City of Andover, Anoka County, Minnesota (the "Issuer "), of its $585,000 General Obligation Equipment Certificates, Series 2012A, bearing a date of original issue of March 22, 2012 (the "Certificates "). We have examined the law and such certified proceedings and other documents as we deem necessary to render this opinion. We have not been engaged or undertaken to review the accuracy, completeness or sufficiency of the Official Statement or other offering material relating to the Certificates and we express no opinion relating thereto. As to questions of fact material to our opinion, we have relied upon the certified proceedings and other certifications of public officials furnished to us without undertaking to verify the same by independent investigation. Based upon such examinations, and assuming the authenticity of all documents submitted to us as originals, the conformity to original documents of all documents submitted to us as certified or photostatic copies and the authenticity of the originals of such documents, and the accuracy of the statements of fact contained in such documents, and based upon present Minnesota and federal laws (which excludes any pending legislation which may have a retroactive effect on or before the date hereof), regulations, rulings and decisions, it is our opinion that: (1) The proceedings show lawful authority for the issuance of the Certificates according to their terms under the Constitution and laws of the State of Minnesota now in force. (2) The Certificates are valid and binding general obligations of the Issuer and all of the taxable property within the Issuer's jurisdiction is subject to the levy of an ad valorem tax to pay the same without limitation as to rate or amount; provided that the enforceability (but not the validity) of the Certificates and the pledge of taxes for the payment of the principal and interest thereon is subject to the exercise of judicial discretion in accordance with general principles of equity, to the constitutional powers of the United States of America and to bankruptcy, insolvency, reorganization, moratorium and other similar laws affecting creditors' rights heretofore or hereafter enacted. 4513465v1 Page 2 (3) At the time of the issuance and delivery of the Certificates to the original purchaser, the interest on the Certificates is excluded from gross income for United States income tax purposes and is excluded, to the same extent, from both gross income and taxable net income for State of Minnesota income tax purposes (other than Minnesota franchise taxes measured by income and imposed on corporations and financial institutions), and is not an item of tax preference for purposes of the federal alternative minimum tax imposed on individuals and corporations or the Minnesota alternative minimum tax applicable to individuals, estates or trusts; it should be noted, however, that for the purpose of computing the federal alternative minimum tax imposed on corporations, such interest is taken into account in determining adjusted current earnings. The opinions set forth in the preceding sentence are subject to the condition that the Issuer comply with all requirements of the Internal Revenue Code of 1986, as amended, that must be satisfied subsequent to the issuance of the Certificates in order that interest thereon be, or continue to be, excluded from gross income for federal income tax purposes and from both gross income and taxable net income for State of Minnesota income tax purposes. Failure to comply with certain of such requirements may cause the inclusion of interest on the Certificates in gross income and taxable net income retroactive to the date of issuance of the Certificates. We express no opinion regarding other state or federal tax consequences caused by the receipt or accrual of interest on the Certificates or arising with respect to ownership of the Certificates. Dated at Saint Paul, Minnesota, this 22nd.day of March, 2012. Professional Association 4513465v1 EXTRACT OF MINUTES OF A MEETING OF THE CITY COUNCIL CITY OF ANDOVER, MINNESOTA HELD: MARCH 6, 2012 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 6, 2012, at P.M., for the purpose, in part, of authorizing the issuance and awarding the sale of $1,570,000 Taxable General Obligation Capital Improvement Refunding Bonds, Series 2012B. The following members were present: and the following were absent: Member introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING PROPOSAL ON THE SALE OF $1,570,000 TAXABLE GENERAL OBLIGATION CAPITAL IMPROVEMENT REFUNDING BONDS, SERIES 2012B, PROVIDING FOR THEIR ISSUANCE AND LEVYING A TAX FOR THE PAYMENT THEREOF A. WHEREAS, the City Council of the City of Andover, Minnesota (the "City "), has heretofore determined and declared that it is necessary and expedient to provide moneys for a crossover refunding of the City's $3,890,000 original principal amount of General Obligation Capital Improvement Bonds, Series 2004A, dated March 16, 2004 (the "Prior Bonds "), which mature on and after February 1, 2014; and B. WHEREAS, $1,555,000 aggregate principal amount of the Prior Bonds which matures on and after February 1, 2014 (the "Refunded Bonds "), is callable on February 1, 2013 (the "Call Date "), at a price of par plus accrued interest, as provided in the resolution adopted on February 17, 2004, authorizing the issuance of the Prior Bonds (the "Prior Resolution "); and C. WHEREAS, the refunding of the Refunded Bonds is consistent with covenants made with the holders thereof, and is necessary and desirable for the reduction of debt service cost to the City; and D. WHEREAS, the City Council hereby determines and declares that it is necessary and expedient to issue $1,570,000 Taxable General Obligation Capital Improvement Refunding Bonds, Series 2012B (the "Bonds" or individually, a "Bond "), pursuant to Minnesota Statutes, Chapter 475, to provide moneys for a crossover refunding of the Refunded Bonds; and E. WHEREAS, the City has retained Ehlers & Associates, Inc., in St. Paul, Minnesota ( "Ehlers "), as its independent financial advisor for the sale of the Bonds and was therefore authorized to sell the Bonds by private negotiation in accordance with Minnesota Statutes, Section 475.60, Subdivision 2(9) and proposals to purchase the Bonds have been solicited by Ehlers; and 45140740 F. WHEREAS, the proposals set forth on Exhibit A attached hereto were received by the Deputy City Clerk, or designee, at the offices of Ehlers at 10:00 a.m. on February 23, 2012 pursuant to the Terms of Proposal established for the Bonds; and G. WHEREAS, it is in the best interests of the City that the Bonds be issued in book - entry form as hereinafter provided; and NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Andover, Minnesota, as follows: 1. Acceptance of Proposal. The proposal of Cronin & Company, Inc., Minneapolis, Minnesota (the "Purchaser "), to purchase the Bonds, in accordance with the terms of proposal at the rates of interest hereinafter set forth, and to pay therefor the sum of $1,613,701.90, plus interest accrued to settlement, is hereby found, determined and declared to be the most favorable proposal received and is hereby accepted, and the Bonds are hereby awarded to said purchaser. The Deputy City Clerk is directed to retain the deposit of said purchaser and to forthwith return to the others making proposals their good faith checks or drafts. 2. Bond Terms. (a) Original Issue Date; Denominations, Maturities; Term Bond Option. The Bonds shall be dated March 22, 2012 as the date of original issue, shall be issued forthwith on or after such date in fully registered form, shall be numbered from R -1 upward in the denomination of $5,000 each or in any integral multiple thereof of a single maturity (the "Authorized Denominations ") and shall mature on February 1 in the years and amounts as follows: Year Amount 2013 $100,000 2014 500,000 2015 500,000 2016 470,000 As may be requested by the Purchaser, one or more term Bonds may be issued having mandatory sinking fund redemption and final maturity amounts conforming to the foregoing principal repayment schedule, and corresponding additions may be made to the provisions of the applicable Bond(s). (b) Book Entry Only System. The Depository Trust Company, a limited purpose trust company organized under the laws of the State of New York or any of its successors or its successors to its functions hereunder (the 'Depository") will act as securities depository for the Bonds, and to this end: (i) The Bonds shall be initially issued and, so long as they remain in book entry form only (the 'Book Entry Only Period "), shall at all times be in the form of a separate single fully registered Bond for each maturity of the Bonds; and for purposes of complying with this requirement under paragraphs 5 and 10 Authorized Denominations 4514074v1 for any Bond shall be deemed to be limited during the Book Entry Only Period to the outstanding principal amount of that Bond. (ii) Upon initial issuance, ownership of the Bonds shall be registered in a bond register maintained by the Bond Registrar (as hereinafter defined) in the name of CEDE & CO., as the nominee (it or any nominee of the existing or a successor Depository, the "Nominee "). (iii) With respect to the Bonds neither the City nor the Bond Registrar shall have any responsibility or obligation to any broker, dealer, bank, or any other financial institution for which the Depository holds Bonds as securities depository (the "Participant ") or the person for which a Participant holds an interest in the Bonds shown on the books and records of the Participant (the "Beneficial Owner "). Without limiting the immediately preceding sentence, neither the City, nor the Bond Registrar, shall have any such responsibility or obligation with respect to (A) the accuracy of the records of the Depository, the Nominee or any Participant with respect to any ownership interest in the Bonds, or (B) the delivery to any Participant, any Owner or any other person, other than the Depository, of any notice with respect to the Bonds, including any notice of redemption, or (C) the payment to any Participant, any Beneficial Owner or any other person, other than.the Depository, of any amount with respect to the principal of or premium, if any, or interest on the Bonds, or (D) the consent given or other action taken by the Depository as the Registered Holder of any Bonds (the "Holder "). For purposes of securing the vote or consent of any Holder under this Resolution, the City may, however, rely upon an omnibus proxy under which the Depository assigns its consenting or voting rights to certain Participants to whose accounts the Bonds are credited on the record date identified in a listing attached to the omnibus proxy. (iv) The City and the Bond Registrar may treat as and deem the Depository to be the absolute owner of the Bonds for the purpose of payment of the principal of and premium, if any, and interest on the Bonds, for the purpose of giving notices of redemption and other matters with respect to the Bonds, for the purpose of obtaining any consent or other action to be taken by Holders for the purpose of registering transfers with respect to such Bonds, and for all purpose whatsoever. The Bond Registrar, as paying agent hereunder, shall pay all principal of and premium, if any, and interest on the Bonds only to the Holder or the Holders of the Bonds as shown on the bond register, and all such payments shall be valid and effective to fully satisfy and discharge the City's obligations with respect to the principal of and premium, if any, and interest on the Bonds to the extent of the sum or sums so paid. (v) Upon delivery by the Depository to the Bond Registrar of written notice to the effect that the Depository has determined to substitute a new Nominee in place of the existing Nominee, and subject to the transfer provisions in paragraph 10, references to the Nominee hereunder shall refer to such new Nominee. (vi) So long as any Bond is registered in the name of a Nominee, all payments with respect to the principal of and premium, if any, and interest on such Bond and all notices with respect to such Bond shall be made and given, respectively, by the Bond 4514074v1 Registrar or City, as the case may be, to the Depository as provided in the Letter of Representations to the Depository required by the Depository as a condition to its acting as book -entry Depository for the Bonds (said Letter of Representations, together with any replacement thereof or amendment or substitute thereto, including any standard procedures or policies referenced therein or applicable thereto respecting the procedures and other matters relating to the Depository's role as book -entry Depository for the Bonds, collectively hereinafter referred to as the "Letter of Representations "). (vii) All transfers of beneficial ownership interests in each Bond issued in book -entry form shall be limited in principal amount to Authorized Denominations and shall be effected by procedures by the Depository with the Participants for recording and transferring the ownership of beneficial interests in such Bonds. (viii) In connection with any notice or other communication to be provided to the Holders pursuant to this Resolution by the City or Bond Registrar with respect to any consent or other action to be taken by Holders, the Depository shall consider the date of receipt of notice requesting such consent or other action as the record date for such consent or other action; provided, that the City or the Bond Registrar may establish a special record date for such consent or other action. The City or the Bond Registrar shall, to the extent possible, give the Depository notice of such special record date not less than 15 calendar days in advance of such special record date to the extent possible. (ix) Any successor Bond Registrar in its written acceptance of its duties under this Resolution and any paying agency/bond registrar agreement, shall agree to take any actions necessary from time to time to comply with the requirements of the Letter of Representations. (x) In the case of a partial prepayment of a Bond, the Holder may, in lieu of surrendering the Bonds for a Bond of a lesser denomination, make a notation of the reduction in principal amount on the panel provided on the Bond stating the amount so redeemed. (c) Termination of Book -Entry OnlySystem. Discontinuance of a particular Depository's services and termination of the book -entry only system may be effected as follows: (i) The Depository may determine to discontinue providing its services with respect to the Bonds at any time by giving written notice to the City and discharging its responsibilities with respect thereto under applicable law. The City may terminate the services of the Depository with respect to the Bond if it determines that the Depository is no longer able to carry out its functions as securities depository or the continuation of the system of book -entry transfers through the Depository is not in the best interests of the City or the Beneficial Owners. (ii) Upon termination of the services of the Depository as provided in the preceding paragraph, and if no substitute securities depository is willing to undertake the functions of the Depository hereunder can be found which, in the opinion of the City, is willing and able to assume such functions upon reasonable or customary terms, or if the El 4514074vl City determines that it is in the best interests of the City or the Beneficial Owners of the Bond that the Beneficial Owners be able to obtain certificates for the Bonds, the Bonds shall no longer be registered as being registered in the bond register in the name of the Nominee, but may be registered in whatever name or names the Holder of the Bonds shall designate at that time, in accordance with paragraph 10. To the extent that the Beneficial Owners are designated as the transferee by the Holders, in accordance with paragraph 10, the Bonds will be delivered to the Beneficial Owners. (iii) Nothing in this subparagraph (c) shall limit or restrict the provisions of paragraph 10. (d) Letter of Representations. The provisions in the Letter of Representations are incorporated herein by reference and made a part of the resolution, and if and to the extent any such provisions are inconsistent with the other provisions of this resolution, the provisions in the Letter of Representations shall control. 3. Purpose; Refunding Findings. indings. The Bonds shall provide funds for a crossover refunding of the Refunded Bonds (the "Refunding "). It is hereby found, determined and declared that the Refunding is pursuant to Minnesota Statutes, Section 475.67, Subdivision 13, and as of the Call Date of the Bonds, shall meet the requirements of Minnesota Statutes, Section 475.67, Subdivision 12. 4. Interest. The Bonds shall bear interest payable semiannually on February 1 and August 1 of each year (each, an "Interest Payment Date "), commencing February 1, 2013, calculated on the basis of a 360 -day year of twelve 30 -day months, at the respective rates per annum set forth opposite the maturity years as follows: Maturity Interest Rate 2013 2.00% 2014 2.00 2015 2.00 2016 2.00 5. No Redemption. The Bonds shall not be subject to redemption and prepayment prior to their state maturity dates. 6. Bond Registrar. U.S. Bank National Association, in St. Paul, Minnesota, is appointed to act as bond registrar and transfer agent with respect to the Bonds (the 'Bond Registrar "), and shall do so unless and until a successor Bond Registrar is duly appointed, all pursuant to any contract the City and Bond Registrar shall execute which is consistent herewith. The Bond Registrar shall also serve as paying agent unless and until a successor paying agent is duly appointed. Principal and interest on the Bonds shall be paid to the registered holders (or record holders) of the Bonds in the manner set forth in the form of Bond and paragraph 12. 45140741 7. Form of Bond. The Bonds, together with the Bond Registrar's Certificate of Authentication, the form of Assignment and the registration information thereon, shall be in substantially the following form: 4514074v1 UNITED STATES OF AMERICA STATE OF MINNESOTA ANOKA COUNTY CITY OF ANDOVER IN TAXABLE GENERAL OBLIGATION CAPITAL IMPROVEMENT REFUNDING BOND, SERIES 2012B Interest Rate Maturity Date Date of Original Issue CUSIP February 1, March 22, 2012 034313 REGISTERED OWNER: CEDE & CO. PRINCIPAL AMOUNT: The City of Andover, Anoka County, Minnesota (the "Issuer "), certifies that it is indebted and for value received promises to pay to the registered owner specified above, or registered assigns, in the manner hereinafter set forth, the principal amount specified above, on the maturity date specified above, without option of prior redemption, and to pay interest thereon semiannually on February 1 and August 1 of each year (each, an "Interest Payment Date "), commencing February 1, 2013, at the rate per annum specified above (calculated on the basis of a 360 day year of twelve 30 day months) until the principal sum is paid or has been provided for. This Bond will bear interest from the most recent Interest Payment Date to which interest has been paid or, if no interest has been paid, from the date of original issue hereof. The principal of and premium, if any, on this Bond are payable upon presentation and surrender hereof at the principal office of U.S. Bank National Association, in St. Paul, Minnesota (the 'Bond Registrar "), acting as paying agent, or any successor paying agent duly appointed by the Issuer. Interest on this Bond will be paid on each Interest Payment Date by check or draft mailed to the person in whose name this Bond is registered (the "Holder" or "Bondholder") on the registration books of the Issuer maintained by the Bond Registrar and at the address appearing thereon at the close of business on the fifteenth day of the calendar month next preceding such Interest Payment Date (the "Regular Record Date "). Any interest not so timely paid shall cease to be payable to the person who is the Holder hereof as of the Regular Record Date, and shall be payable to the person who is the Holder hereof at the close of business on a date (the "Special Record Date ") fixed by the Bond Registrar whenever money becomes available for payment of the defaulted interest. Notice of the Special Record Date shall be given to Bondholders not less than ten days prior to the Special Record Date. The principal of and premium, if any, and interest on this Bond are payable in lawful money of the United States of America. So long as this Bond is registered in the name of the Depository or its Nominee as provided in the Resolution hereinafter described, and as those terms are defined therein, payment of principal of, premium, if any, and interest on this Bond and notice with respect thereto shall be made as provided in the Letter of Representations, as defined in the Resolution, and surrender of this Bond shall not be required for payment of the redemption price upon a partial redemption of this Bond. Until termination of the book -entry only system pursuant to the Resolution, Bonds may only be registered in the name of the Depository or its Nominee. 45140741 No Optional Redem tp ion. The Bonds of this issue (the "Bonds ") shall not be subject to redemption and prepayment prior to their stated maturity dates. Issuance; Purpose; General Obli ag tion. This Bond is one of an issue in the total principal amount of $1,570,000, all of like date of original issue and tenor, except as to number, maturity, interest rate, and denomination, issued pursuant to and in full conformity with the Constitution and laws of the State of Minnesota and pursuant to a resolution adopted by the City Council on March 6, 2012 (the "Resolution "), for the purpose of providing funds sufficient for a crossover refunding of certain outstanding general obligation bonds of the Issuer and is payable out of the Escrow Account and the Debt Service Account established by the Issuer pursuant to the Resolution. This Bond constitutes a general obligation of the Issuer, and to provide moneys for the prompt and full payment of its principal, premium, if any, and interest when the same become due, the full faith and credit and taxing powers of the Issuer have been and are hereby irrevocably pledged. Denominations; Exchange; Resolution. The Bonds are issuable solely in fully registered form in Authorized Denominations (as defined in the Resolution) and are exchangeable for fully registered Bonds of other Authorized Denominations in equal aggregate principal amounts at the principal office of the Bond Registrar, but only in the manner and subject to the limitations provided in the Resolution. Reference is hereby made to the Resolution for a description of the rights and duties of the Bond Registrar. Copies of the Resolution are on file in the principal office of the Bond Registrar. Transfer. This Bond is transferable by the Holder in person or by the Holder's attorney duly authorized in writing at the principal office of the Bond Registrar upon presentation and surrender hereof to the Bond Registrar, all subject to the terms and conditions provided in the Resolution. and to reasonable regulations of the Issuer contained in any agreement with the Bond Registrar. Thereupon the Issuer shall execute and the Bond Registrar shall authenticate and deliver, in exchange for this Bond, one or more new fully registered Bonds in the name of the transferee (but not registered in blank or to "bearer" or similar designation), of an Authorized Denomination or Denominations, in aggregate principal amount equal to the principal amount of this Bond, of the same maturity and bearing interest at the same rate. Fees upon Transfer or Loss. The Bond Registrar may require payment of a sum sufficient to cover any tax or other governmental charge payable in connection with the transfer or exchange of this Bond and any legal or unusual costs regarding transfers and lost Bonds. Treatment of Registered Owners. The Issuer and Bond Registrar may treat the person in whose name this Bond is registered as the owner hereof for the purpose of receiving payment as herein provided and for all other purposes, whether or not this Bond shall be overdue, and neither the Issuer nor the Bond Registrar shall be affected by notice to the contrary. Authentication. This Bond shall not be valid or become obligatory for any purpose or be entitled to any security unless the Certificate of Authentication hereon shall have been executed by the Bond Registrar. 8 4514074v1 Taxable Interest. The interest on this Bond is included in the gross income of the owner hereof for purposes of United States income tax and, to the same extent, in both gross income and net taxable income for purposes of State of Minnesota income tax. IT IS HEREBY CERTIFIED AND RECITED that all acts, conditions and things required by the Constitution and laws of the State of Minnesota to be done, to happen and to be performed, precedent to and in the issuance of this Bond, have been done, have happened and have been performed, in regular and due form, time and manner as required by law, and that this Bond, together with all other debts of the Issuer outstanding on the date of original issue hereof and the date of its issuance and delivery to the original purchaser, does not exceed any constitutional or statutory limitation of indebtedness. IN WITNESS WHEREOF, the City of Andover, Anoka County, Minnesota, by its City Council has caused this Bond to be executed on its behalf by the facsimile signatures of its Mayor and its Deputy City Clerk, the corporate seal of the Issuer having been intentionally omitted as permitted bylaw. Date of Registration: Registrable by: U.S. BANK NATIONAL ASSOCIATION Payable at: U.S. BANK NATIONAL BOND REGISTRAR'S ASSOCIATION CERTIFICATE OF AUTHENTICATION CITY OF ANDOVER, ANOKA COUNTY, MINNESOTA This Bond is one of the Bonds described in the Resolution mentioned within. /s/ Facsimile U.S. BANK NATIONAL Mayor ASSOCIATION St. Paul, Minnesota Bond Registrar /s/ Facsimile Deputy City Clerk By Authorized Signature 4514074v1 ABBREVIATIONS The following abbreviations, when used in the inscription on the face of this Bond, shall be construed as though they were written out in full according to applicable laws or regulations: TEN COM - as tenants in common TEN ENT - as tenants by the entireties JT TEN - as joint tenants with right of survivorship and not as tenants in common UTMA - as custodian for (Cust) (Minor) under the Uniform Transfers to Minors Act (State) Additional abbreviations may also be used though not in the above list. ASSIGNMENT For value received, the undersigned hereby sells, assigns and transfers unto the within Bond and does hereby irrevocably constitute and appoint attorney to transfer the Bond on the books kept for the registration thereof, with fall power of substitution in the premises. Dated: Notice: The assignor's signature to this assignment must correspond with the name as it appears upon the face of the within Bond in every particular, without alteration or any change whatever. Signature Guaranteed: Signature(s) must be guaranteed by a national bank or trust company or by a brokerage firm having a membership in one of the major stock exchanges or any other "Eligible Guarantor Institution" as defined in 17 CFR 240.17 Ad- I5(a)(2). The Bond Registrar will not effect transfer of this Bond unless the information concerning the transferee requested below is provided. Name and Address: (Include information for all joint owners if the Bond is held by joint account.) 10 4514074v1 8. Execution. The Bonds shall be in typewritten form, shall be executed on behalf of the City by the signatures of its Mayor and Deputy City Clerk and be sealed with the seal of the City; provided, as permitted by law, both signatures may be photocopied facsimiles and the corporate seal has been omitted. In the event of disability or resignation or other absence of either officer, the Bonds may be signed by the manual or facsimile signature of the officer who may act on behalf of the absent or disabled officer. In case either officer whose signature or facsimile of whose signature shall appear on the Bonds shall cease to be such officer before the delivery of the Bonds, the signature or facsimile shall nevertheless be valid and sufficient for all purposes, the same as if the officer had remained in office until delivery. 9. Authentication. No Bond shall be valid or obligatory for any purpose or be entitled to any security or benefit under this resolution unless a Certificate of Authentication on such Bond, substantially in the form hereinabove set forth, shall have been duly executed by an authorized representative of the Bond Registrar. Certificates of Authentication on different Bonds need not be signed by the same person. The Bond Registrar shall authenticate the signatures of officers of the City on each Bond by execution of the Certificate of Authentication on the Bond and by inserting as the date of registration in the space provided the date on which the Bond is authenticated, except that for purposes of delivering the original Bonds to the Purchaser, the Bond Registrar shall insert as a date of registration the date of original issue March 22, 2012. The Certificate of Authentication so executed on each Bond shall be conclusive evidence that it has been authenticated and delivered under this resolution. 10. Registration; Transfer; Exchange. The City will cause to be kept at the principal office of the Bond Registrar a bond register in which, subject to such reasonable regulations as the Bond Registrar may prescribe, the Bond Registrar shall provide for the registration of Bonds and the registration of transfers of Bonds entitled to be registered or transferred as herein provided. Upon surrender for transfer of any Bond at the principal office of the Bond Registrar, the City shall execute (if necessary), and the Bond Registrar shall authenticate, insert the date of registration (as provided in paragraph 9) of, and deliver, in the name of the designated transferee or transferees, one or more new Bonds of any Authorized Denomination or Denominations of a like aggregate principal amount, having the same stated maturity and interest rate, as requested by the transferor; provided, however, that no Bond may be registered in blank or in the name of "bearer" or similar designation. At the option of the Holder, Bonds may be exchanged for Bonds of any Authorized Denomination or Denominations of a like aggregate principal amount and stated maturity, upon surrender of the Bonds to be exchanged at the principal office of the Bond Registrar. Whenever any Bonds are so surrendered for exchange, the City shall execute (if necessary), and the Bond Registrar shall authenticate, insert the date of registration of, and deliver the Bonds which the Holder making the exchange is entitled to receive. All Bonds surrendered upon any exchange or transfer provided for in this resolution shall be promptly canceled by the Bond Registrar and thereafter disposed of as directed by the City. 11 4514074v1 All Bonds delivered in exchange for or upon transfer of Bonds shall be valid general obligations of the City evidencing the same debt, and entitled to the same benefits under this resolution, as the Bonds surrendered for such exchange or transfer. Every Bond presented or surrendered for transfer or exchange shall be duly endorsed or be accompanied by a written instrument of transfer, in form satisfactory to the Bond Registrar, duly executed by the Holder thereof or his, her or its attorney duly authorized in writing. The Bond Registrar may require payment of a sum sufficient to cover any tax or other governmental charge payable in connection with the transfer or exchange of any Bond and any legal or unusual costs regarding transfers and lost Bonds. Transfers shall also be subject to reasonable regulations of the City contained in any agreement with the Bond Registrar, including regulations which permit the Bond Registrar to close its transfer books between record dates and payment dates. The Deputy City Clerk, or other authorized official of the City, is hereby authorized to negotiate and execute the terms of said agreement. 11. Rights Upon Transfer or Exchange. Each Bond delivered upon transfer of or in exchange for or in lieu of any other Bond shall carry all the rights to interest accrued and unpaid, and to accrue, which were carried by such other Bond. 12. Interest Payment; Record Date. Interest on any Bond shall be paid on each Interest Payment Date by check or draft mailed to the person in whose name the Bond is registered (the "Holder ") on the registration books of the City maintained by the Bond Registrar and at the address appearing thereon at the close of business on the fifteenth day of the calendar month next preceding such Interest Payment Date (the "Regular Record Date "). Any such interest not so timely paid shall cease to be payable to the person who is the Holder thereof as of the Regular Record Date, and shall be payable to the person who is the Holder thereof at the close of business on a date (the "Special Record Date ") fixed by the Bond Registrar whenever money becomes available for payment of the defaulted interest. Notice of the Special Record Date shall be given by the Bond Registrar to the Holders not less than ten days prior to the Special Record Date. 13. Treatment of Registered Owner. The City and Bond Registrar may treat the person in whose name any Bond is registered as the owner of such Bond for the purpose of receiving payment of principal of and premium, if any, and interest (subject to the payment provisions in paragraph 12) on, such Bond and for all other purposes whatsoever whether or not such Bond shall be overdue, and neither the City nor the Bond Registrar shall be affected by notice to the contrary. 14. Delivery; Application of Proceeds. The Bonds when so prepared and executed shall be delivered by the Deputy City Clerk to the Purchaser upon receipt of the purchase price, and the Purchaser shall not be obliged to see to the proper application thereof. 15. Fund and Accounts. There is hereby established a special fund designated the $1,570,000 Taxable General Obligation Capital Improvement Refunding Bonds, Series 2012B Fund (the "Fund "), to be administered and maintained by the Assistant Finance Director as a 12 4514074v1 bookkeeping account separate and apart from all other funds maintained in the official financial records of the City. The fund shall be maintained in the manner herein specified until all of the Bonds and the interest thereon have been fully paid. There shall be maintained in the Fund the following separate accounts: (a) Escrow Account. The Escrow Account shall be maintained as an escrow account with U.S. Bank National Association (the "Escrow Agent "), in St. Paul, Minnesota, which is a suitable financial institution within or without the State. All proceeds of the sale of the Bonds shall be received by the Escrow Agent and applied to fund the Escrow Account or to pay costs of issuing the Bonds. Proceeds of the Bonds not used to pay costs of issuance are hereby irrevocably pledged and appropriated to the Escrow Account, together with all investment earnings thereon. The Escrow Account shall be invested in securities maturing or callable at the option of the holder on such dates and bearing interest at such rates as shall be required to provide sufficient funds, together with any cash or other funds retained in the Escrow Account, (i) to pay when due the interest to accrue on the Bonds to and including the Call Date; and (ii) to pay when called for redemption on the Call Date, the principal amount of the Refunded Bonds. The Escrow Account shall be irrevocably appropriated to the payment of (i) all interest on the Bonds to and including the Call Date, and (ii) the principal of the Refunded Bonds due by reason of their call for redemption on the Call Date. The moneys in the Escrow Account shall be used solely for the purposes herein set forth and for no other purpose, except that any surplus in the Escrow Account may be remitted to the City, all in accordance with an agreement (the "Escrow Agreement) by and between the City and Escrow Agent, a form of which agreement is on file in the office of the Deputy City Clerk. Any moneys remitted to the City upon termination of the Escrow Agreement shall be deposited in the Debt Service Account. (b) Debt Service Account. To the Debt Service Account there is hereby pledged and irrevocably appropriated and there shall be credited: (i) any collections of all taxes heretofore or hereafter levied for the payment of the Prior Bonds and interest thereon which are not needed to pay the Prior Bonds as a result of the Refunding; (ii) any balance remitted to the City pursuant to the Escrow Agreement; (iii) all investment earnings on funds in the Debt Service Account; and (iv) any and all other moneys which are properly available and are appropriated by the governing body of the City to the Debt Service Account. The amount of any surplus remaining in the Debt Service Account when the Bonds and interest thereon are paid shall be used consistent with Minnesota Statutes, Section 475.6 1, Subdivision 4. The moneys in the Debt Service Account shall be used solely to pay the principal of and interest on the Bonds or any other bonds hereafter issued and made payable from the Fund. No portion of the proceeds of the Bonds shall be used directly or indirectly to acquire higher yielding investments or to replace funds which were used directly or indirectly to acquire higher yielding investments, except (a) for a reasonable temporary period until such proceeds are needed for the purpose for which the Bonds were issued, and (b) in addition to the above, in an amount not greater than the lesser of five percent of the proceeds of the Bonds or $100,000. To this effect, any proceeds of the Bonds and any sums from time to time held in the Fund (or any other City account which will be used to pay principal and interest to become due on the Bonds) in excess of amounts which under the applicable federal arbitrage regulations may be invested without regard as to yield shall not be invested in excess of the applicable yield restrictions imposed by the arbitrage regulations on such investments after taking into account any 13 4514074v1 applicable "temporary periods" or "minor portion" made available under the federal arbitrage regulations. In addition, the proceeds of the Bonds and money in the Fund shall not be invested in obligations or deposits issued by, guaranteed by or insured by the United States or any agency or instrumentality thereof if and to the extent that such investment would cause the Bonds to be "federally guaranteed" within the meaning of Section 149(b) of the federal Internal Revenue Code of 1986, as amended (the "Code "). 16. Tax Lever Coverage Test; Cancellation of Certain Tax Levies. To provide moneys for payment of the principal and interest on the Bonds there is hereby levied upon all of the taxable property in the City a direct annual ad valorem tax which shall be spread upon the tax rolls and collected with and as part of other general property taxes in the City for the years and in the amounts as follows: Years of Tax Levy Years of Tax Collection Amount 2012 -2014 2013 -2015 See attached schedule The tax levies are such that if collected in full they, together with estimated collections of any other revenues herein pledged for the payment of the Bonds and sums held in the Escrow Account, will produce at least five percent in excess of the amount needed to meet when due the principal and interest payments on the Bonds. The tax levies shall be irrepealable so long as any of the Bonds are outstanding and unpaid, provided that the City reserves the right and power to reduce the levies in the manner and to the extent permitted by Minnesota Statutes, Section 475.61, Subdivision 3. Upon payment of the Prior Bonds, the uncollected taxes levied in the Prior Resolution authorizing the issuance of the Prior Bonds which are not needed to pay the Prior Bonds as a result of the Refunding shall be canceled. 17. General Obligation Pledge. For the prompt and full payment of the principal of and interest on the Bonds as the same respectively become due, the full faith, credit and taxing powers of the City shall be and are hereby irrevocably pledged. If the balance in the Escrow Account or Debt Service Account is ever insufficient to pay all principal and interest then due on the Bonds payable therefrom, the deficiency shall be promptly paid out of any other accounts of the City which are available for such purpose, and such other funds may be reimbursed without interest from the Escrow Account or Debt Service Account when a sufficient balance is available therein. 18. Securities; Escrow Agent. Securities purchased from moneys in the Escrow Account shall be limited to securities set forth in Minnesota Statutes, Section 475.67, Subdivision 8, and any amendments or supplements thereto. Securities purchased from the Escrow Account shall be purchased simultaneously with the delivery of the Bonds. The City Council has investigated the facts and hereby finds and determines that the Escrow Agent is a suitable financial institution to act as escrow agent. 19. Escrow Agreement. On or prior to the delivery of the Bonds the Mayor and Deputy City Clerk shall, and are hereby authorized and directed to, execute on behalf of the City an Escrow Agreement. The Escrow Agreement is hereby approved and adopted and made a part 14 4514074x1 of this resolution, and the City covenants that it will promptly enforce all provisions thereof in the event of default thereunder by the Escrow Agent. 20. Purchase of SLGS or Open Market Securities. Ehlers, as agent for the City, is hereby authorized and directed to purchase on behalf of the Council and in its name the appropriate United States Treasury Securities, State and Local Government Series and /or open market securities as provided in paragraph 18, from the proceeds of the Bonds and, to the extent necessary, other available funds, all in accordance with the provisions of this resolution and the Escrow Agreement and to execute all such documents (including the appropriate subscription form) required to effect such purchase in accordance with the applicable U.S. Treasury Regulations. . 21. Redemption of Prior Bonds. The Prior Bonds shall be redeemed and prepaid in accordance with the terms and conditions set forth in the Notice of Call for Redemption, in the form attached to the Escrow Agreement, which terms and conditions are hereby approved and incorporated herein by reference. The Notice of Call for Redemption shall be given pursuant to the Escrow Agreement. 22. Prior Bonds; Security. Until retirement of the Prior Bonds, all provisions theretofore made for the security thereof shall be observed by the City and all of its officers and agents. 23. Supplemental Resolution. The Prior Resolution is hereby supplemented to the extent necessary to give effect to the provisions of this resolution. 24. Defeasance. When all Bonds have been discharged as provided in this paragraph, all pledges, covenants and other rights granted by this resolution to the registered holders of the Bonds shall, to the extent permitted by law, cease. The City may discharge its obligations with respect to any Bonds which are due on any date by irrevocably depositing with the Bond Registrar on or before that date a sum sufficient for the payment thereof in full; or if any Bond should not be paid when due, it may nevertheless be discharged by depositing with the Bond Registrar a sum sufficient for the payment thereof in full with interest accrued to the date of such deposit. The City may also at any time discharge its obligations with respect to any Bonds, subject to the provisions 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. 25. Certificate of Registration. The Deputy City Clerk is hereby directed to file a certified copy of this resolution with the County Auditor of Anoka County, Minnesota, together with such other information as the County Auditor shall require, and to obtain the County Auditor's Certificate that the Bonds have been entered in the County Auditor's Bond Register and the tax levy required by law has been made. 15 4514074v1 26. Records and Certificates. The officers of the City are hereby authorized and directed to prepare and furnish to the Purchaser, and to the attorneys approving the legality of the issuance of the Bonds, certified copies of all proceedings and records of the City relating to the Bonds and to the financial condition and affairs of the City, and such other affidavits, certificates and information as are required to show the facts relating to the legality and marketability of the Bonds as the same appear from the books and records under their custody and control or as otherwise known to them, and all such certified copies, certificates and affidavits, including any heretofore furnished, shall be deemed representations of the City as to the facts recited therein. 27. Taxable Status of the Bonds. The City does not qualify the Bonds as tax- exempt under the Internal Revenue Code of 1986, as amended. It is hereby determined that the Bonds are to be issued as fully taxable obligations, and all interest received on the Bonds is to be included in the gross income of the Holder of any Bond for federal income taxation purposes and, to the same extent, in both gross income and taxable net income for state income taxation purposes. 28. Continuing Disclosure. The City is the sole obligated person with respect to the Bonds. The City hereby agrees, in accordance with the provisions of Rule 15c2 -12 (the "Rule "), promulgated by the Securities and Exchange Commission (the "Commission ") pursuant to the Securities Exchange Act of 1934, as amended, and a Continuing Disclosure Undertaking (the "Undertaking ") hereinafter described: (a) Provide or cause to be provided to the Municipal Securities Rulemaking Board (the "MSRB ") by filing at www.emma.msrb.org in accordance with the Rule, certain annual financial information and operating data in accordance with the Undertaking. The City reserves the right to modify from time to time the terms of the Undertaking as provided therein. (b) Provide or cause to be provided to the MSRB notice of the occurrence of certain events with respect to the Bonds not more than ten business days after the occurrence of the event, in accordance with the Undertaking. (c) Provide or cause to be provided to the MSRB notice of a failure by the City to provide the annual financial information with respect to the City described in the Undertaking not more than ten business days following such amendment (d) The City agrees that its covenants pursuant to the Rule set forth in this paragraph and in the Undertaking is intended to be for the benefit of the Holders of the Bonds and shall be enforceable on behalf of such Holders; provided that the right to enforce the provisions of these covenants shall be limited to a right to obtain specific enforcement of the City's obligations under the covenants. The Mayor and Deputy City Clerk of the City, or any other officer of the City authorized to act in their place (the "Officers ") are hereby authorized and directed to execute on behalf of the City the Undertaking in substantially the form presented to the City Council subject to such modifications thereof or additions thereto as are (i) consistent with the requirements under the Rule, (ii) required by the Purchaser of the Bonds, and (iii) acceptable to the Officers. Irol 45140741 29. Official Statement. The Official Statement relating to the Bonds prepared and distributed by Ehlers is hereby approved and the officers of the City are authorized in connection with the delivery of the Bonds to sign such certificates as may be necessary with respect to the completeness and accuracy of the Official Statement. 30. Payment of Issuance Expenses. The City authorizes the Purchaser to forward the amount of Certificate proceeds allocable to the payment of issuance expenses to K1einBank, in Chaska, Minnesota, on the closing date for further distribution as directed by the City's financial advisor, Ehlers. 31. 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. 32. Headings. Headings in this resolution are included for convenience of reference only and are not a part hereof, and shall not limit or define the meaning of any provision hereof. The motion for the adoption of the foregoing resolution was duly seconded by member and, after a full discussion thereof and upon a vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon the resolution was declared duly passed and adopted. 17 4514074v1 STATE OF MINNESOTA COUNTY OF ANOKA CITY OF ANDOVER I, the undersigned, being the duly qualified and acting Deputy City Clerk of the City of Andover, Minnesota, do hereby certify that I have compared the attached and foregoing extract of minutes with the original thereof on file in my office, and that the same is a full, true and complete transcript of the minutes of a meeting of the City Council, duly called and held on the date therein indicated, insofar as such minutes relate to providing for the issuance and sale of $1,570,000 Taxable General Obligation Capital Improvement Refunding Bonds, Series 2012B. WITNESS my hand on March 6, 2012. Deputy City Clerk 1E:3 45I4074v1 STATE OF MINNESOTA COUNTY AUDITOR'S CERTIFICATE AS TO COUNTY OF ANOKA TAX LEVY AND REGISTRATION I, the undersigned, being the duly qualified and acting County Auditor of Anoka County, Minnesota, do hereby certify that on the date hereof, there was filed in my office a certified copy of a resolution adopted on March 6, 2012, by the City Council of the City of Andover, Minnesota, authorizing the issuance of $1,570,000 Taxable General Obligation Capital Improvement Refunding Bonds, Series 2012B; together with full information regarding the Bonds for which the tax was levied; and the Bonds have been entered in this office's bond register and the tax levy required by law has been made. WITNESS my hand and the seal of the County Auditor on March _, 2012. County Auditor (SEAL) 4514074v1 SIGNATURE AND NONLITIGATION CERTIFICATE We, the undersigned, being respectively the duly qualified and acting Mayor and Deputy City Clerk of the City of Andover, Minnesota (the "City "), do hereby certify that we did, in our official capacities as such officers, sign our own proper names by facsimile signature, attested by the manual signature of a person or persons on behalf of U.S. Bank National Association, in St. Paul, Minnesota, duly designated by the City Council as Bond Registrar and authenticating agent (the "Registrar "), on the City's $1,570,000 Taxable General Obligation Capital Improvement Refunding Bonds, Series 2012B (the "Bonds "), dated March 22, 2012, as the date of original issue, and numbered from R -1 upward, each in the denomination equal to the total principal amount for the Bonds due on the specified maturity date therefor. The Bonds mature on February 1 in the years and amounts and bear interest until paid or discharged as follows: Year Amount Interest Rate 2013 2014 2015 2016 WE FURTHER CERTIFY that we are now and were on the date of signing the Bonds, the duly qualified and acting officers therein indicated, and duly authorized to execute the same, and that the Registrar has been duly authorized to act as agent of the City for purposes of authenticating the Bonds by one or more persons signing bonds on behalf of the Registrar, and we hereby ratify, confirm, and adopt our facsimile signatures on the Bonds as the true and proper signatures for the execution thereof. WE FURTHER CERTIFY that the signature of Lee Brezinka affixed hereto is the true and proper signature of the qualified and acting Assistant Finance Director of the City. WE FURTHER CERTIFY that the Bonds have been in all respects duly executed for delivery pursuant to authority conferred upon us as such officers; and no obligations other than those above described have been issued pursuant to such authority, and that none of the proceedings or records which have been certified to the purchasers of the Bonds or the attorneys approving the same have been in any manner repealed, amended or changed, and that there has been no change in the financial condition of the City, or of the facts affecting the Bonds. WE FURTHER CERTIFY that the Official Statement prepared for the issuance of the Bonds as of its date and the date hereof, did not and does not contain any untrue statement of material fact or omit to state any material fact necessary in order to make the statements made therein, in light of the circumstances under which they were made, not misleading. WE FURTHER CERTIFY that there is no litigation pending or, to our knowledge, threatened questioning the organization or boundaries of the City, or the right of any of us to our respective offices, or in any manner questioning our right and power to execute and deliver the Bonds, or otherwise questioning the validity of the Bonds, the levy of taxes for the payment of the Bonds and the interest thereon. 45140741 Dated: March 22, 2012. CITY OF ANDOVER, MINNESOTA : Its Mayor By Its Deputy City Clerk Lm Its Assistant Finance Director 4514074x1 ASSISTANT FINANCE DIRECTOR'S RECEIPT I, the undersigned, being the duly qualified and acting Assistant Finance Director of the City of Andover, Minnesota, do hereby certify and acknowledge that on the date hereof, I received from Cronin & Company, Inc., Minneapolis, Minnesota, the purchaser of $1,570,000 Taxable General Obligation Capital Improvement Refunding Bonds, Series 2012B, dated March 22, 2012 as the date of original issue, $ , the purchase price thereof, no interest having accrued thereon to the date hereof, and I did thereupon deliver the Bonds to the purchaser. Dated: March 22, 2012. 4514074v1 CITY OF ANDOVER, MINNESOTA By Its Assistant Finance Director 4514074v1 CERTIFICATE OF BOND REGISTRAR AND AUTHENTICATING AGENT The undersigned hereby certifies that I am duly appointed and acting as such officer of U.S. Bank National Association, St. Paul, Minnesota (the "Bond Registrar ") and that: 1. Pursuant to authorization by and direction of the City of Andover, Minnesota (the "City "), certain of the authorized officers listed on the attached Exhibit A have this day authenticated each of the $1,570,000 Taxable General Obligation Capital Improvement Refunding Bonds, Series 2012B (the "Bonds "), being in fully registered form in the denominations of $5,000 or any integral multiple thereof and bearing numbers of R -1 and upward and have caused each of the Bonds to be registered in the name of a "person" as defined in Section 1 -201 of the Uniform Commercial Code, all in accordance with the provisions of the resolution adopted by the City Council on March 6, 2012 (the "Resolution "). 2. The authorized officers who have signed the Bonds have been duly authorized to sign the Bonds on behalf of the Bond Registrar acting as authenticating agent. 3. To the best of our knowledge the provisions of any bond registrar's agreement to be entered into between the City and the Bond Registrar will not conflict with the provisions of the Resolution with respect to the duties and responsibilities of the Bond Registrar set forth therein. 4. The CUSIP (Committee of Uniform Securities Identification Procedure) number of the Bonds with the latest maturity is 034313 ZG4. Dated: March 22, 2012. U.S. BANK NATIONAL ASSOCIATION By Its Authorized Officer 45140741 ESCROW AGREEMENT $1,570,000 TAXABLE GENERAL OBLIGATION CAPITAL IMPROVEMENT REFUNDING BONDS, SERIES 2012B AND GENERAL OBLIGATION CAPITAL IMPROVEMENT BONDS, SERIES 2004A CITY OF ANDOVER, MINNESOTA THIS AGREEMENT made as of March 22, 2012, by and between U.S. Bank National Association, in St. Paul, Minnesota (the "Escrow Agent "), and the City of Andover, Anoka County, Minnesota (the "City "), WITNESSETH THAT: A. WHEREAS, pursuant to a resolution adopted on February 17, 2004, the City has heretofore authorized, and now has outstanding $1,885,000 aggregate principal amount of General Obligation Capital Improvement Bonds, Series 2004A, dated March 16, 2004 (the "Outstanding Prior Bonds "), maturing on February 1 in the years and amounts as follows: Outstanding Prior Bonds (inclusive) Year Amount 2013 $ 330,000 2014 355,000 2015 380,000 2016 400,000 2017 420,000 The Outstanding Prior Bonds maturing on and after February 1, 2014, in the principal amount of $1,555,000, may be redeemed and prepaid on February 1, 2013 (the "Call Date"), at par and accrued interest; and B. WHEREAS, by the terms of a resolution adopted on March 6, 2012 (the "Refunding Resolution "), the City has called for the redemption and prepayment on the Call Date, $1,555,000 aggregate principal amount of the Outstanding Prior Bonds maturing on and after February 1, 2014 (the "Refunded Bonds ") pursuant to the Notice of Call for Redemption attached hereto as Exhibit A; and C. WHEREAS, the Refunded Bonds are to be refunded pursuant to the crossover refunding accomplished by the issuance of the Refunding Bonds defined below; and D. WHEREAS, to provide for (1) the refunding of the Refunded Bonds by the payment of the principal only thereof on the Call Date, and (2) the payment of interest due on the Refunding Bonds defined below through and including the Call Date, all in accordance with Minnesota Statutes, Section 475.67, including but not limited to Subdivision 13 thereof, the City has pursuant to the Refunding Resolution authorized the issuance of $1,570,000 Taxable General 45140740 Obligation Capital Improvement Refunding Bonds, Series 2012B, dated March 22, 2012, as the date of original issue (the "Refunding Bonds "); and E. WHEREAS, under the terms of the Refunding Resolution $ of Refunding Bond proceeds and $ -0- of other available City funds (the "Escrow Account ") shall be held and invested in accordance with the terms and conditions of this Escrow Agreement as follows: $ shall simultaneously be invested in securities (the "Initial Escrowed Obligations ") as described in the report of , dated March ' 2012, attached hereto as Exhibit D (the "Accountant's Report"), which Initial Escrowed Obligations, together with the balance of cash in the amount of $ , shall be used to refund the Refunded Bonds (by payment of the principal only thereof on the Call Date) and to pay interest on the Refunding Bonds through the Call Date. The Initial Escrowed Obligations (or evidence of the investment therein and constructive receipt thereof) and cash are herein called the "Escrow Deposit ", provided that the term "Escrow Deposit" may include due bills reflecting Escrowed Obligations not received by the delivery of and payment for the Refunding Bonds (the "Bond Closing ") so long as such due bills are secured by the deposit of comparable securities identified as "Substitute Securities" in the Accountant's Report, or by a cashier's check in an amount equal to either the principal and interest due on the Escrowed Obligations so due or any deficiency in principal or interest due on the Substitute Securities (the Initial Escrowed Obligations, said Substitute Securities and any other investments made hereunder, are referred to collectively as the "Escrowed Obligations "); and F. WHEREAS, it is desirable and appropriate that $ of Refunding Bonds proceeds and $ -0- of available City funds to be used to pay issuance expenses be paid by the Escrow Agent for disbursement in accordance with the schedule of disbursements (the "Issuance Expenses ") set forth in Exhibit B attached hereto and incorporated herein by reference; and NOW, THEREFORE, in consideration of the premises and of the respective agreements on the part of the Escrow Agent and City herein contained, the parties hereto hereby agree as follows: 1. Deposits. The City agrees upon delivery of and payment for the Refunding Bonds at the Bond Closing to forthwith irrevocably deposit with the Escrow Agent the Escrow Deposit, as an appropriation of the Escrowed Obligations and all payments of principal and interest thereon, in trust with the Escrow Agent for the security of the holders and owners of the Refunded Bonds and the Refunding Bonds. The City further agrees upon the Bond Closing to deposit with the Escrow Agent $ in Refunding Bonds proceeds and $ -0- in available City funds; and the City authorizes the Escrow Agent (and the Escrow Agent agrees) to disburse said moneys to pay Issuance Expenses. The City further authorizes the Escrow Agent to disburse $ in Refunding Bond proceeds received on Bond Closing and any other residual funds in the Escrow Account to the City for deposit in the Debt Service Account. 2. Acknowledgment of Deposit. Receipt of (i) the Escrow Deposit; (ii) $ in Refunding Bonds proceeds; and (iii) $ of available City funds to pay Issuance Expenses shall be acknowledged on behalf of the Escrow Agent at the Bond 2 45140741 Closing by execution of an Acknowledgment in the form attached hereto as Exhibit C by a duly authorized officer of the Escrow Agent. 3. Compensation; Waiver of Lien. The Escrow Agent hereby acknowledges receipt . of the sum of $ as and for its full compensation for services to be performed by it as agent under this Agreement. There will be no future billings for services rendered by the Escrow Agent. The Escrow Agent expressly waives any lien upon or claim against the moneys and investments in the Escrow Account. 4. Collection and Remittance; Payment of Principal on Refunded Bonds and Interest on Refunding_ Bonds; Substitute Securities. The Escrow Agent will collect all remittances of interest on the Escrowed Obligations in the Escrow Account as and when such interest becomes due and payable. The Escrow Agent will cause such Escrowed Obligations to be presented for payment and converted into cash on their respective maturity or due dates in accordance with the schedule of cash payments included in the Accountant's Report, and will remit from the Escrow. Account (i) to the paying agent for the Refunding Bonds, the funds required from time to time for the payment when due, on each interest payment date on or prior to the Call Date, for the interest on the Refunding Bonds, and (ii) to the paying agent for the Refunded Bonds, the funds required for the payment when called for redemption on the Call Date, the principal and premium, if any, of the Refunded Bonds. If the delivery of any Escrowed Obligations is secured at the Bond Closing by Substitute Securities and/or a cashier's check as hereinabove provided and delivery of the Initial Escrowed Obligations is not made within thirty days after the Bond Closing, the Escrow Agent shall in accordance with the terms of such security arrangement substitute the Substitute Securities and/or cashier's check for the Initial Escrowed Obligations to assure that such schedule of cash payments can be complied with. 5. Sufficiency of Escrow Deposit; Further Deposits. In reliance upon the Accountant's Report, the City represents, that the Escrow Deposit, if the principal of and interest on the Initial Escrowed Obligations are paid in accordance with their terms, is sufficient to produce cash in such amounts to enable the Escrow Agent to make full and timely payments as provided in paragraph 4. If at any time it shall appear to the Escrow Agent that the money in the Escrow Account allocable for such use hereunder will not be sufficient to make any payment due to the holders of any of the Refunding Bonds or Refunded Bonds, the Escrow Agent shall immediately notify the City. The City thereupon shall forthwith deposit in the Escrow Account from funds on hand and legally available such additional funds as may be required to meet fully the amount to become due and payable and, if necessary, levy for such purpose an ad valorem property tax on all real property in the City subject to taxation without limitation as to rate or amount. Included in the Accountant's Report is a statement that such cash and Escrowed Obligations are sufficient to comply with the requirements set forth in paragraph 4. 6. No Repeal of Refunding Resolution. The City will not repeal, revoke or amend the Refunding Resolution calling the Refunded Bonds for redemption on their redemption date of the Call Date, in accordance with the Notice of Call for Redemption attached hereto as Exhibit A. 7. Notice of Call for Redemption. The Escrow Agent shall cause the Notice of Call for Redemption attached hereto as Exhibit A to be mailed to the paying agent for the Refunded 3 45140740 Bonds (if other than the Escrow Agent), first class (postage prepaid) not more than sixty days and not less than thirty days prior to the date fixed for redemption and therefore to the registered owner of each Refunded Bonds at the address shown on the registration books kept by the registrar for the Refunded Bonds. 8. Title to Moneys; Trust; Remission of Remaining Moneys. It is recognized that title to the Escrowed Obligations and money held in the Escrow Account from time to time shall remain vested in the City but subject always to the prior charge and lien thereon of this Escrow Agreement and the use thereof required to be made by the provisions of this Escrow Agreement. The Escrow Agent shall hold all such money and obligations in a special trust fund and account (herein the "Escrow Account ") separate and wholly segregated from all other funds and securities of the Escrow Agent or deposited with the Escrow Agent, and shall never commingle such money or securities with other money or securities, provided that nothing herein contained shall be construed as requiring the Escrow Agent to keep the identical moneys, or any part thereof, received for the Escrow Account, on hand, but moneys of an equal amount, except to the extent such are investments permitted under this Escrow Agreement, shall always be maintained on hand as funds held by the Escrow Agent as trustee, belonging to the City, and a special account thereof evidencing such fact shall at all times be maintained on the books of the Escrow Agent, together with such investments. In the event of the Escrow Agent's failure to account for any money or obligations held by it in the Escrow Account, such money and obligations shall be and remain the property of the City, and if for any reason such money or obligations cannot be identified, all other assets of the Escrow Agent shall be impressed with a trust for the amount thereof and the City shall be entitled to a preferred claim upon such assets. All moneys remaining in the Escrow Account after payment therefrom of all sums required to be paid under this Agreement shall be promptly remitted to the City. 9. Sale and /or Reinvestment. The Escrow .Agent may sell and /or reinvest all or a part of the Escrowed Obligations, or the proceeds thereof in (i) direct, non - callable United States obligations or obligations unconditionally guaranteed by the United States government, (ii) any governmental bond which bears the highest or next highest rating of Moody's Investor's Services, Standard and Poor's Corporation, or a similarly nationally recognized rating agency, or (iii) an investment contract with a bank or insurance company meeting the requirements of Minnesota Statutes, Section 118A.05, Subd. 5, if and only if (i) such sales and /or reinvestment is approved by the City and otherwise permitted by the laws of Minnesota; (ii) an opinion of a certified public accounting firm is first obtained to the effect that such sale and /or reinvestment will not prevent the Escrow Agent from making all of the payments to the paying agent for the Refunded Bonds and the paying agent for the Refunding Bonds as required in paragraph 4; and (iii) an opinion of nationally recognized bond counsel or tax counsel recognized as having an expertise in the area of tax - exempt bonds is first obtained to the effect that such sale and /or reinvestment will not cause the interest on the Refunded Bonds or Refunding Bonds to become includible in the gross income of the owners thereof for federal income tax purposes. Any excess funds created in the Escrow Account as a result of such sale and /or reinvestment (i.e. funds not required to pay when due, principal of, the respective series of Refunded Bonds and the interest on the Refunding Bonds, as shown on the certified public accountants' opinion required in subsection 9(ii)) shall be withdrawn from the Escrow Account E 45140740 and paid by the Escrow Agent to the City, free of any lien of this Escrow Agreement, within ten business days of receipt of the City's written request to withdraw such excess funds. 10. Annual Statement. For as long as any of the Refunded Bonds are outstanding, in January of each year until termination of this Escrow Agreement, commencing January 1, 2013, the Escrow Agent shall render a statement for the preceding year to the City, which statement shall set forth the cash on hand and Escrowed Obligations which have matured and the amounts received by the Escrow Agent by reason of such maturity, the interest earned on any of such Escrowed Obligations, a list of any investments or reinvestments made by the Escrow Agent in other Escrowed Obligations and the interest and/or principal derived therefrom, the amounts of cash paid for the interest on the Refunding Bonds and principal and premium, if any, on the Refunded Bonds as said payments became due and payable, and any other transactions of the Escrow Agent pertaining to its duties and obligations as set forth herein. 11. Trust; Safekeeping. All Escrowed Obligations, moneys and investment income deposited with or received by the Escrow Agent pursuant to this Escrow Agreement shall be subject to the trust created by this Escrow Agreement, and the Escrow Agent shall be liable for the preservation and safekeeping thereof; provided, however, that it shall not be responsible for any depreciation in value of any of the Escrowed Obligations or for the reinvestment of the same except as herein provided. 12. Duties Obligations and Liabilities. The duties and obligations of the Escrow Agent shall be as prescribed by the provisions of this Escrow Agreement, and the Escrow Agent shall not be liable hereunder except for failure to perform its duties and obligations as specifically set forth herein or to act in good faith in the performance thereof, and no implied duties or obligations shall be incurred by the Escrow Agent other than those specified herein. The Escrow Agent may consult with counsel of its choice, and except as provided in paragraph 9, the opinion of such counsel shall be full and complete authorization and protection with respect to any action taken or not taken or suffered by it hereunder in good faith and in accordance with the opinion of such counsel. 13. Resignation; Successor. The Escrow Agent may at any time resign and be discharged of its obligations hereunder by giving to the Deputy City Clerk of the City written notice of such resignation and by refunding to the City a pro rata portion of the escrow fee set forth in paragraph 3, not less than sixty days before the date when the same is to take effect. Such resignation shall take effect upon the appointment and qualification of a successor agent. In the event of receipt of notice of such resignation, a successor shall promptly be appointed by the City, and the Deputy City Clerk of the City shall immediately give written notice thereof to the predecessor agent. If in a proper case no appointment of a successor agent is made within forty five days after the receipt by the City of notice of such resignation, the Escrow Agent or the holder of any Refunded Bond or Refunding Bond may apply to any court of competent jurisdiction to appoint a successor Escrow Agent, which appointment may be made by the court after such notice, if any, as the court may prescribe. Any successor agent appointed hereunder shall execute, acknowledge and deliver to its predecessor agent and to the Deputy City Clerk of the City a written acceptance of such appointment, and shall thereupon without any further act, deed or conveyance become fully vested with all moneys, properties, duties and obligations of its predecessor, but the predecessor shall nevertheless pay over, transfer, assign and deliver all 5 4514074v1 moneys, securities or other property held by it to the successor agent, shall execute, acknowledge and deliver such instruments of conveyance and do such other things as may reasonably be required to vest and confirm more fully and certainly in the successor agent all right, title and interest in and to the property held by it hereunder. Any bank into which the Escrow Agent may be merged or with which it may be consolidated or any bank resulting from any merger or consolidation to which it shall be a party or any bank to which it may sell or transfer all or substantially all of its corporate trust business shall, if the City approves, be the successor agent without the execution of any document or the performance of any further act. 14. Successors and Assigns; Beneficiaries. This Escrow Agreement shall be irrevocable and binding upon and shall inure to the benefit of the City and the Escrow Agent and their respective successors and assigns. In addition, this Escrow Agreement shall constitute a third party beneficiary contract for the benefit of the holders at any time of the Refunded Bonds and the Refunding Bonds. Said third party beneficiaries shall be entitled to enforce performance and observance by the City and the Escrow Agent of the respective agreements and covenants herein contained as fully and completely as if said third party beneficiaries were parties hereto. 15. Supplemental Agreements. For any one or more of the following purposes, the City and Escrow Agent may enter into any supplemental agreements to this Escrow Agreement as shall not adversely affect the rights of the holder or holders of the Refunded Bonds or Refunding Bonds and as shall not be inconsistent with the terms and provisions of this Escrow Agreement, without the consent of or notice to the holder or holders of the Refunded Bonds or Refunding Bonds: (a) To cure any ambiguity or formal defect or omission in this Escrow Agreement; (b) To grant to, or confer upon, the Escrow Agent for the benefit of the holder or holders of the Refunded Bonds or Refunding Bonds any additional rights, remedies, powers or authority that may lawfully be granted to, or conferred upon, such holder or holders; and (c) To provide additional funds, securities or properties under this Escrow Agreement. 16. Consent Otherwise to Amendments. Except as expressly provided in paragraph 15, this Escrow Agreement may not be repealed, revoked, altered or amended without the unanimous written consent of the City and the holder or holders of the Refunded Bonds and Refunding Bonds and the written consent of the Escrow Agent. 17. Headings. Headings in this Escrow Agreement are for convenience of reference only and are not a part hereof, and shall not limit or define the meaning of any provision hereof. IN WITNESS WHEREOF, the City and Escrow Agent have caused this Escrow Agreement to be executed in their respective names and have caused this Escrow Agreement to be dated as of the date above first written. 0 45140740 CITY OF ANDOVER, MINNESOTA By Its Mayor By Its Deputy City Clerk 4514074v1 U.S. BANK NATIONAL ASSOCIATION 4514074vl EXHIBIT A NOTICE OF CALL FOR REDEMPTION GENERAL OBLIGATION CAPITAL IMPROVEMENT BONDS, SERIES 2004A CITY OF ANDOVER, ANOKA COUNTY, MINNESOTA NOTICE IS HEREBY GIVEN that by order of the City Council of the City of Andover, Anoka County, Minnesota, there have been called for redemption and prepayment on February 1, 2013 those outstanding bonds of the City designated as General Obligation Capital Improvement Bonds, Series 2004A, dated March 16, 2004, having stated maturity dates in the years 2014 through 2024, totaling $1,555,000 in principal amount and having CUSIP numbers listed below: Year CUSIP No. 2014 2015 2016 2017 The bonds are being called at a price of par plus accrued interest to February 1, 2013, on which date all interest on said bonds will cease to accrue. Holders of the bonds hereby called for redemption are requested to present their bonds for payment at U.S. Bank National Association, Attention: Paying Agent Services, 60 Livingston Avenue, St. Paul, Minnesota 55107. Dated: March 6, 2012. BY ORDER OF THE CITY COUNCIL Deputy City Clerk *The City shall not be responsible for the selection of or use of the CUSIP numbers, nor is any representation made as to their correctness indicated in the notice. They are included solely for the convenience of the holders. A -1 4514074v1 EXHIBIT B ISSUANCE EXPENSES [to be supplied by Ehlers and Associates, Inc.] 4514074v1 EXHIBIT C ACKNOWLEDGMENT I, being duly authorized to execute this acknowledgment on behalf of U.S. Bank National Association, as Escrow Agent (the "Escrow Agent "), do hereby acknowledge that the City of Andover, Minnesota (the "City "), has this date irrevocably deposited with the Escrow Agent in trust for the security of the holders and owners of the City's outstanding General Obligation Capital Improvement Bonds, Series 2004A, dated March 16, 2004, and $1,570,000 Taxable General Obligation Capital Improvement Refunding Bonds, Series 2012B, dated March 22, 2012, that certain Escrow Deposit required to be deposited with the Escrow Agent at the Bond Closing in accordance with the Escrow Agreement, dated March, 2012, by and between the Escrow Agent and the City; and the City has in addition deposited $ -0- to pay the Issuance Expenses set forth on Exhibit B to the Escrow Agreement. Dated March 22, 2012. U.S. BANK NATIONAL ASSOCIATION By. Its C -1 4514074v1 EXHIBIT D ACCOUNTANT'S REPORT [to be supplied by I D -1 4514074v1 CONTINUING DISCLOSURE UNDERTAKING This Continuing Disclosure Undertaking (the "Disclosure Undertaking ") is executed and delivered by the City of Andover, Minnesota (the "Issuer "), in connection with the issuance of $3,890,000 General Obligation Bonds, Series 2012C and $1,570,000 Taxable General Obligation Capital Improvement Refunding Bonds, Series 2012B (collectively, the 'Bonds "). The Bonds are being issued pursuant to Resolutions adopted on March 6, 2012 (the "Resolution "). Pursuant to the Resolution and this Undertaking, the Issuer covenants and agrees as follows: SECTION 1. Purpose of the Disclosure Undertaking. This Disclosure Undertaking is being executed and delivered by the Issuer for the benefit of the Owners and in order to assist the Participating Underwriters in complying with SEC Rule 15c2- 12(b)(5). SECTION 2. Definitions. In addition to the definitions set forth in the Resolution, which apply to any capitalized term used in this Disclosure Undertaking unless otherwise defined in this Section, the following capitalized terms shall have the following meanings: "Annual Report" shall mean any annual financial information provided by the Issuer pursuant to, and as described in, Sections 3 and 4 of this Disclosure Undertaking. "Audited Financial Statements" shall mean the financial statements of the Issuer audited annually by an independent certified public accounting firm, prepared pursuant to generally accepted accounting principles promulgated by the Financial Accounting Standards Board, modified by governmental accounting standards promulgated by the Government Accounting Standards Board. "Dissemination Agent" shall mean such party from time to time designated in writing by the Issuer to act as information dissemination agent and which has filed with the Issuer a written acceptance of such designation. "Fiscal Year" shall be the fiscal year of the Issuer. "Governing Body" shall, with respect to the Bonds, have the meaning given that term in Minnesota Statutes, Section 475.5 1, Subdivision 9. "MSRB" shall mean the Municipal Securities Rulemaking Board. "Occurrence(s)" shall mean any of the events listed in Section 5 of this Disclosure Undertaking. "Official Statement" shall be the Official Statement dated , 2012, prepared in connection with the Bonds. "Owners" shall mean the registered holders and, if not the same, the beneficial owners of any Bonds. "Participating Underwriter" shall mean any of the original underwriters of the Bonds required to comply with the Rule in connection with offering of the Bonds. 4514074v1 "Resolution" shall mean the resolution or resolutions adopted by the Governing Body of the Issuer providing for, and authorizing the issuance of, the Bonds. "Rule" shall mean Rule 15c2- 12(b)(5) adopted by the Securities and Exchange Commission under the Securities Exchange Act of 1934, as the same may be amended from time to time or interpreted by the Securities and Exchange Commission. SECTION 3. Provision of Annual Renorts. A. Beginning in connection with the Fiscal Year ending on December 31, 20_, the Issuer shall, or shall cause the Dissemination Agent to, as soon as available, but in any event not later than December 31, 20_, and by December 31 of each year thereafter, provide to the MSRB by filing at www.emma.msrb.org, together with such identifying information as prescribed by the MSRB, an Annual Report which is consistent with the requirements of Section 4 of this Disclosure Undertaking. B. If the Issuer is unable to provide to the MSRB an Annual Report by the date required in subsection A, the Issuer shall send a notice of such delay and estimated date of delivery to the MSRB. SECTION 4. Content and Format of Annual Reports. The Issuer's Annual Report shall contain or incorporate by reference the financial information and operating data pertaining to the Issuer listed below as of the end of the preceding Fiscal Year. The Annual Report may be submitted to the MSRB as a single document or as separate documents comprising a package, and may cross - reference other information as provided in this Disclosure Undertaking. The following financial information and operating data shall be supplied: A. An update of the operating and financial data of the type of information contained in the Official Statement under the captions: Current Property Valuations; Direct Debt; Tax Levies & Collections; Population Trend; and Employment/Unemployment. B. Audited Financial Statements of the Issuer. The Audited Financial Statements of the Issuer may be submitted to the MSRB separately from the balance of the Annual Report. In the event Audited Financial Statements of the Issuer are not available on or before the date for filing the Annual Report with the MSRB as set forth in Section 3.A. above, unaudited financial statements shall be provided as part of the Annual Report. The accounting principles pursuant to which the financial statements will be prepared will be pursuant to generally accepted accounting principles promulgated by the Financial Accounting Standards. Board, as such principles are modified by the governmental accounting standards promulgated by the Government Accounting Standards Board, as.in effect from time to time. If Audited Financial Statements are not provided because they are not available on or before the date for filing the Annual Report, the Issuer shall promptly provide them to the MSRB when available. SECTION 5. Rgporting of Significant Events. This Section 5 shall govern the giving of notices of the occurrence of any of the following events with respect to the Bonds: (1) Principal and interest payment delinquencies; 2 45140740 (2) Non- payment related defaults, if material; (3) Unscheduled draws on debt service reserves reflecting financial difficulties; (4) Unscheduled draws on credit enhancements reflecting financial difficulties; (5) Substitution of credit or liquidity providers, or their failure to perform; (6) Adverse tax opinions, the issuance by the Internal Revenue Service of proposed or final determinations of taxability, Notices of Proposed Issue (IRS Form 5701 - TEB), or other material notices or determinations with respect to the tax status of the Bonds, or other material events affecting the tax status of the Bonds; (7) Modifications to rights of security holders, if material; (8) Bond calls, if material, and tender offers; (9) Defeasances; (10) Release, substitution, or sale of property securing repayment of the Bonds, if material; (11) Rating changes; (12) Bankruptcy, insolvency, receivership or similar event of the Issuer; (13) The consummation of a merger, consolidation, or acquisition involving an obligated person or the sale of all or substantially all of the assets of the obligated person, other than in the ordinary course of business, the entry into a definitive agreement to undertake such an action or the termination of a definitive agreement relating to any such actions, other than pursuant to its terms, if material; (14) Appointment of a successor or additional trustee or the change of name of a trustee, if material. Whenever an event listed above has occurred, the Issuer shall promptly, which may not be in excess of the ten (10) business days after the Occurrence, file a notice of such Occurrence with the MSRB, by filing at www.emma.msrb.org, together with such identifying information as prescribed by the MSRB. The Issuer agrees to provide or cause to be provided, in a timely manner, to the MSRB notice of a failure by the Issuer to provide the Annual Reports described in Section 4. SECTION 6. Termination of Reporting Obli ag tion. The Issuer's obligations under this Disclosure Undertaking shall terminate upon the legal defeasance, prior redemption or payment in full of all of the Bonds. SECTION 7. Dissemination Agent. The Issuer may, from time to time, appoint or engage a Dissemination Agent to assist it in carrying out its obligations under this Disclosure Undertaking, and may discharge any such Agent, with or without appointing a successor Dissemination Agent. SECTION 8. Amendment; Waiver. Notwithstanding any other provision of this Disclosure Undertaking, the Issuer may amend this Disclosure Undertaking, and any provision of this Disclosure Undertaking may be waived, if (a) a change in law or change in the ordinary business or operation of the Issuer has occurred, (b) such amendment or waiver would not, in and of itself, cause the undertakings herein to violate the Rule if such amendment or waiver had been effective on the date hereof but taking into account any subsequent change in or official 45140740 interpretation of the Rule, and (c) such amendment or waiver is supported by an opinion of counsel expert in federal securities laws to the effect that such amendment or waiver would not materially impair the interests of Owners. SECTION 9. Additional Information. Nothing in this Disclosure Undertaking shall be deemed to prevent the Issuer from disseminating any other information, using the means of dissemination set forth in this Disclosure Undertaking or any other means of communication, or including any other information in any Annual Report or notice of an Occurrence, in addition to that which is required by this Disclosure Undertaking. If the Issuer chooses to include any information in any Annual Report or notice of an Occurrence in addition to that which is specifically required by this Disclosure Undertaking, the Issuer shall have no obligation under this Disclosure Undertaking to update such information or include it in any future Annual Report or notice of an Occurrence. SECTION 10. Default. In the event of a failure of the Issuer to provide information required by this Disclosure Undertaking, any Owner may take such actions as may be necessary and appropriate, including seeking mandamus or specific performance by court order, to cause the Issuer to comply with its obligations to provide information under this Disclosure Undertaking. A default under this Disclosure Undertaking shall not be deemed an Event of Default under the Resolution, and the sole remedy under this Disclosure Undertaking in the event of any failure of the Issuer to comply with this Disclosure Undertaking shall be an action to compel performance. SECTION 11. Beneficiaries. This Disclosure Undertaking shall inure solely to the benefit of the Issuer, the Participating Underwriters and Owners from time to time of the Bonds, and shall create no rights in any other person or entity. SECTION 12. Reserved Rights. The Issuer reserves the right to discontinue providing any information required under the Rule if a final determination should be made by a court of competent jurisdiction that the Rule is invalid or otherwise unlawful or, subject to the provisions of Section 8 hereof, to modify the undertaking under this Disclosure Undertaking if the Issuer determines that such modification is required by the Rule or by a court of competent jurisdiction. Date: March 22, 2012. M 45140741 CITY OF ANDOVER, MINNESOTA By Its Mayor By Its Deputy City Clerk 4514074v1 $1,570,000 TAXABLE GENERAL OBLIGATION CAPITAL IMPROVEMENT REFUNDING BONDS, SERIES 2012B CITY OF ANDOVER ANOKA COUNTY MINNESOTA We have acted as bond counsel in connection with the issuance by the City of Andover, Anoka County, Minnesota (the "Issuer "), of its $1,570,000 Taxable General Obligation Capital Improvement Refunding Bonds, Series 2012B, bearing a date of original issue of March 22, 2012 (the "Bonds "). We have examined the law and such certified proceedings and other documents as we deem necessary to render this opinion. We have not been engaged or undertaken to review the accuracy, completeness or sufficiency of the Official Statement or other offering material relating to the Bonds and we express no opinion relating thereto. As to questions of fact material to our opinion, we have relied upon the certified proceedings and other certifications of public officials furnished to us without undertaking to verify the same by independent investigation. Based upon such examinations, and assuming the authenticity of all documents submitted to us as originals, the conformity to original documents of all documents submitted to us as certified or photostatic copies and the authenticity of the originals of such documents, and the accuracy of the statements of fact contained in such documents, and based upon present Minnesota and federal laws (which excludes any pending legislation which may have a retroactive effect on or before the date hereof), regulations, rulings and decisions, it is our opinion that: (1) The proceedings show lawful authority for the issuance of the Bonds according to their terms under the Constitution and laws of the State of Minnesota now in force. (2) The Bonds are valid and binding general obligations of the Issuer and all of the taxable property within the Issuer's jurisdiction is subject to the levy of an ad valorem tax to pay the same without limitation as to rate or amount; provided that the enforceability (but not the validity) of the Bonds and the pledge of taxes for the payment of the principal and interest thereon is subject to the exercise of judicial discretion in accordance with general principles of equity, to the constitutional powers of the United States of America and to bankruptcy, insolvency, reorganization, moratorium and other similar laws affecting creditors' rights heretofore or hereafter enacted. 4514074vl (3) At the time of the issuance and delivery of the Bonds to the original purchaser, the interest on the Bonds is included in gross income for United States income tax purposes and is included, to the same extent, in both gross income and taxable net income for State of Minnesota income tax purposes. We express no opinion regarding other state or federal tax consequences caused by the receipt or accrual of interest on the Bonds or arising with respect to ownership of the Bonds. Dated at Saint Paul, Minnesota, this 22nd day of March, 2012. Professional Association 4514074x1 C I T Y O F (T ND OVE 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.ANDOVERMN.GOV TO: Mayor and Council Members CC: Jim Dickinson, City Administrator FROM: David D. Berkowitz, Director of Public Works / City Engineer SUBJECT: Hold Public Hearing/Order Plans & Specifications /11- 40/133rd Avenue NW Reconstruction - Engineering DATE: March 6, 2012 INTRODUCTION The City Council is requested to hold a public hearing and approve the resolution ordering the improvement of Project 11 -40, 133rd Avenue NW Reconstruction. DISCUSSION 133rd Avenue NW between Hanson Boulevard and Crosstown Drive is included in the Capital Improvement Plan for reconstruction in 2012. The proposed project includes reclaiming the existing bituminous and repaving the roadway. The majority of the existing concrete curb and gutter will remain in place. Deteriorated storm sewer structures will be replaced. This is a joint project with the City of Coon Rapids. The City of Andover Engineering Department will be preparing plans and specifications, administering the project and inspecting the work during construction. All project related costs will be split evenly with the City of Coon Rapids. The total project cost is estimated at $788,290. Andover will fund $394,145 and the City of Coon Rapids will fund $394,145. Each City will be replacing signs as needed. Andover's sign cost is estimated at $2,500. Two properties within Andover and three properties in Coon Rapids that front 133rd Avenue are proposed to be assessed. The City of Coon Rapids assesses a flat rate of $1,575.00 per unit for urban properties fronting along street improvement projects. Andover typically assesses 25% of the total project costs for street improvement projects to properties fronting the improvements, but based upon the_ limited number of properties fronting this project and the length of the proposed improvement that is not feasible. For this reason, staff is recommending to assess the two parcels in Andover a flat rate of $1,500.00 per lot for the improvements as identified in the feasibility report. This rate is similar to other recent reconstruction projects completed within the City of Andover. Mayor and Council Members March 6, 2012 Page 2 of 2 Attached are the following: * Location Map * Letters to property owners regarding estimated assessment * Public Hearing Notice * Resolution ordering the Improvement BUDGET IMPACT The project costs would be funded through the City's Road and Bridge Fund, Municipal State Aid Funds and special assessments to properties fronting along the improvements. Project costs will be split with the City of Coon Rapids. ACTION REQUIRED The City Council is requested to hold the public hearing and approve the resolution ordering the improvement of Project 11 -40, 133rd Avenue NW Reconstruction. Respectfully submitted, David D. Berkowitz Attachments: ResolutioneLocation Map Letters to property owners regarding estimated assessment& Public Hearing Notice✓ CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. MOTION by Councilmember to adopt the following: A RESOLUTION ORDERING THE IMPROVEMENT OF - PROJECT NO. 11-40, 133RD AVENUE NW RECONSTRUCTION AND DIRECTING PREPARATION OF FINAL PLANS AND SPECIFICATIONS. WHEREAS, Resolution No. 010 -12 of the City Council adopted on the 6th day of February , 2012, fixed a date for a public hearing; and WHEREAS, pursuant to the required published and mailed notice such hearing was held on the 6th day of March , 2012; 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 -40 . MOTION seconded by Councilmember and adopted by the City Council at a regular meeting this 6th day of March , 2012, with Councilmembers resolution, and Councilmembers resolution was declared passed. ATTEST: Michelle Hartner — Deputy City Clerk voting in favor of the voting against, whereupon said CITY OF ANDOVER Michael R. Gamache - Mayor VMS- Capital Improvement Plan Project Name: MUNICIPAL STATE AID ROUTES RECONSTRUCT 2012 �1� -� n ANDOVER STATIOF FORTH 2SD dDD BUNKER LAKES 'n ANDOVER J\ N:I RCETPL• \ICE p 6 PANKONI ADD' 'I MARKETPLACE . \'DER 6151' 2ND .A ANDOVER hi: \RKETPL: \C'E v� I EAST 'ND 3 D, > CO. MER' IAL ' m PARK A DO \'ER STATION II µr,�TTS GARDEN AC_'_ y, ®pk 3 ®T C9 0 135TH CJi�m ®� S�9T /O 0 OD El w r N PKW U /HIDDEN CREEK SL;NRIDGE ��% EASTJRD ADD 135TH -AV- B� N 135TH LVEK J:' HIDDEN CREEK EAST PHEASANT ECHO.WOODS :Cme. I 'Hi A vl--�� � ea IPM , I J I ' iTH ADD 134TH L V I I :N M1 EJ .4 DOW5 E m 2; 11014K I M \ N5 D 3 HIDDEN CREEx 34T o, Z. 1FI AV -: _. i�EAST 2ND ADD — EMERALD GLEN \Qy� _J y C Z L 133RD'AV-- �:_�s.�y HANSON hiEADOR'SI L E G E N D 10 Project Location Lots /Parcels Park Water Right of Way City Limits 1 1 0 375 750 1,500 Feet — *49A 1685 CROSSTOWN BOULEVARD N.W.. ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.ANDOVERMN.GOV February 14, 2012 34- 32 -24 -44 -0086 Anthony & Cheri Olson 1747 -133`d Avenue NW Andover, MN 55304 Re: 133d Avenue NW Reconstruction (C.PZ. Public Hearing Notice Dear Mr. & Mrs. Olson: A feasibility report has been prepared to determine the estimated costs associated with road improvements for the proposed 133`d Avenue NW Reconstruction project. The proposed project consists of milling the existing bituminous roadway, shaping the gravel, minor storm sewer improvements, minor concrete curb replacement and paving a new bituminous surface. The total project cost for this project is estimated at $788,290 in which the Cities of Andover and Coon Rapids will share in the cost. Under current City policy, a portion of the costs associated with the street improvements are assessed to the benefitiing properties, which is defined as those properties fronting along 133`d Avenue NW. Typically seventy -five (75 %) of the total project costs would be funded through the City Road and Bridge fund and the remaining twenty - five (25 %) of the total project costs would be assessed to the benefiting properties in accordance with the City Roadway Reconstruction Assessment Policy. There are two properties that front 133`d Avenue NW on the Andover side. Because a 25% assessment is not reasonable or feasible for two properties to bear, the Andover City Council has decided that a flat rate of $1,500.00 shall be the proposed assessment value for each property. This cost could be assessed over a 10 -year period at 5.5% interest (maximum rate), or the assessment could be paid in full with no interest within 30 days of the final assessment hearing, which would take place in the fall of 2012. Enclosed is a public hearing notice for the proposed project. If you have any questions, feel free to contact me at (763) 767 -5133, or Jason Law, Assistant City Engineer at (763) 767 -5130. Sincerely, CITY OF ANDOVER (D.,-ay. I David D. Berkowitz, P.E. Director of Public Works /City gineer Encl. cc: Mayor & City Council T Y ��%0 F ) OV E 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.AN DOVE RMN.GOV February 14, 2012 34- 32 -24 -44 -0085 Timothy Brown & Heather Morrow 1759 - 133`d Avenue NW Andover, MN 55304 Re: 133`d Avenue NW Reconstruction (C.Pe,41 -4 Public Hearing Notice Dear Mr. Brown & Ms. Morrow: A feasibility report has been prepared to determine the estimated costs associated with road improvements for the proposed 133`d Avenue NW Reconstruction project. The proposed project consists of milling the existing bituminous roadway, shaping the gravel, minor storm sewer improvements, minor concrete curb replacement and paving a new bituminous surface. The, total project cost for this project is estimated at $788,290 in which the Cities of Andover and Coon Rapids will share in the cost. Under current City policy, a portion of the costs associated with the street improvements are assessed to the benefitting properties, which is defined as those properties fronting along 133rd Avenue NW. Typically seventy -five (75 %) of the total project costs would be funded through the City Road and Bridge fund and the remaining twenty - five (25 %) of the total project costs would be assessed to the benefiting properties in accordance with the City Roadway Reconstruction Assessment Policy. There are two properties that front 133rd Avenue NW on the Andover side. Because a 25% assessment is not reasonable or feasible for two properties to bear, the Andover City Council has decided that a flat rate of $1,500.00 shall be the proposed assessment value for each property. This cost could be assessed over a 10 -year period at 5.5% interest (maximum rate), or the assessment could be paid in full with no interest within 30 days of the final assessment hearing, which would take place in the fall of 2012. Enclosed is a public hearing notice for the proposed project. If you have any questions, feel free to contact me at (763) 767 -5133, or Jason Law, Assistant City Engineer at (763) 767 -5130. Sincerely, OF ANDOVER David D. Berkowitz, P.E. Director of Public Works /City Engineer Encl. cc: Mayor & City Council Jason Law. Assistant Citv FnninP.P.r C T Y O F 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.AN DOVE RMN.GOV CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA NOTICE OF HEARING ON IMPROVEMENTS PROJECT NO. 11 -40 133RD AVENUE NW RECONSTRUCTION NOTICE IS HEREBY GIVEN that the City of Andover, Anoka County, Minnesota will meet at the Andover City Hall, 1685 Crosstown Boulevard NW in the City of Andover, at the regularly scheduled City Council meeting on Tuesday, March 6, 2012 at 7:00 PM to consider construction of the following improvements: 133rd Avenue NW Reconstruction The properties to be assessed, pursuant to Minnesota Statutes Section 429, for the improvements are within the following described area: 133rd Avenue NW The assessment rate is $1,500.00 / unit. Such persons desiring to be heard with reference to the proposed improvements will be heard at this meeting., CITY OF ANDOVER Ic elle Hartner— Deputy City Clerk Publication Dates: February 17 & 24, 2012 (Anoka Union) 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WW.AN DOVE RMN.GOV TO: Mayor and Council Members, CC: Jim Dickinson, City Administra FROM: David D. Berkowitz, Director of Public Works / City Engineer SUBJECT: Hold Public Hearing/Order Plans & Specifications /11 -10 /South Coon Creek Drive NW Reconstruction - Engineering DATE: March 6, 2012 INTRODUCTION The City Council is requested to hold a public hearing and approve the resolution ordering the improvement of Project 11 -10, South Coon Creek Drive NW Reconstruction. DISCUSSION South Coon Creek Drive between Crosstown Boulevard and Round Lake Boulevard is included in the Capital Improvement Plan for reconstruction in 2012. As a part of this project, a 12" water main would be constructed from Crosstown Boulevard to 143`d Avenue that will provide a redundant service to the west side of town. The roadway will be widened so that a 5 foot shoulder is available on each side of the road for pedestrian use. The widening will be on average 2.5 feet on each side. The distance on each side may vary once the final geometric design is complete. Also a right turn lane will be added going east bound at Crosstown Boulevard. An open house and neighborhood meeting were held with affected residents to discuss the preliminary project details. Attached are attendance sheets and comments received. Also attached are emails that were received by staff. The total project cost is estimated at $2,868,570.00. The City portion of the project is $2,512,880.00 and the assessment portion is estimated at $355,690.00. The estimated assessment per unit is: Urban Lots: $2,770.00 Rural Lots: $7,830.00 Attached are the following: * Location Map * Letter to property owners regarding estimated assessment * Public Hearing Notice * Estimated assessment payment schedule * Sign in Sheets from Neighborhood Meetings & Comments from Residents Note: The feasibility report was included in your February 6, 2012 agenda packet. Please bring the report to the meeting. Mayor and Council Members March 6, 2012 Page 2 of 2 BUDGET IMPACT The project costs would be funded through the City's Road and Bridge Fund, Trunk Water Fund, Trunk Sewer Fund, and special assessments to properties fronting along the improvements. Detailed cost estimates are included in the feasibility report. ACTION REQUIRED The City Council is requested to hold the public hearing and approve the resolution ordering the improvement of Project 11 -10, South Coon Creek Drive NW Reconstruction. Respectfully submitted, David D. Berkowitz Attachments: Resolution Ordering the Improveme t Location map etter to property owners regarding estimated assessmentwPublic Hearing Notice & List of Assessment's Properties and Sign in Sheets from Neighborhood Meetings'& Comments from Residents. CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. MOTION by Councilmember to adopt the following: A RESOLUTION ORDERING THE IMPROVEMENT OF PROJECT NO. 11-10, SOUTH COON CREEK DRIVE NW RECONSTRUCTION. AND DIRECTING PREPARATION OF FINAL PLANS AND SPECIFICATIONS. WHEREAS, Resolution No. 011 -12 of the City Council adopted on the 6th day of February , 2012, fixed a date for a public hearing; and WHEREAS, pursuant to the required published and mailed notice such hearing was held on the. 6th day of March , 2012; 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 -10 MOTION seconded by Councilmember and adopted by the City Council at a regular meeting this 6th day of March , 2012, with Councilmembers resolution, and Councilmembers resolution was declared passed. ATTEST: Michelle Hartner — Deputy City Clerk voting in favor of the voting against, whereupon said CITY OF ANDOVER Michael R. Gamache - Mayor r. •0 i U O r ^^++ O ^W W ` UV O U O I .t • Y'I y a IM y .'Y IM ' � J. � ;�- h _ _ . � ✓ mac; Y I yA� ♦.,• Ir V7 I Wk- .13 Ala t 400 PI t L _ -�. �vAM %y !i'• 4 ivl l�.t .�'.. 'Y. � "5 ai. r � , r 4 ate` - -°+' • 7 t, ° t4 { � . '40 Y„a ��� F+T►. � 1j) r : _ , r �•. t s ' •A li , '. , � ` 4�x � b�, .mil w L CD 1 O 1 g Y — sm a yy 4 � � A C I T Y Lb •r.i -,y. NDOVE 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.ANDOVERMN.GOV February 14, 2012 \\1 Re: South Coon Creek Dive NW Reconstruction (City Projec� 0 Public Hearing Notice Dear Resident: A feasibility report has been prepared to determine the estimated costs associated with road improvements for the proposed South Coon Creek Drive NW Reconstruction project. The proposed project consists of milling the existing bituminous roadway, shaping the gravel, replacing deteriorated storm sewer, new concrete curb and gutter and paving a new bituminous surface. The roadway will be widened to provide a dedicated area for bikes and pedestrians along the project corridor. As a part of the project, the roadway will be widened approximately 2.5' on each side of the road. This could vary in some areas (ex: widen 3 feet on one side and 2 feet on the other) depending on the final geometric design. The widening will allow for striping of 5' wide shoulders on both sides of the roadway that canoe used as a path / trail. Due to cost constraints and increased impacts to adjacent properties, construction of an off - street path / trail has been eliminated as a potential option. The additional costs associated with the roadway widening will be 100% paid for by the City, and those costs have not been included in the assessment calculations. Other proposed improvements that are included with the project that would not be assessed include water main construction, sanitary sewer extension and bridge scour protection. If water services are petitioned then the cost of the service would be assessed. The total project cost estimate is $2,868,570. The City's assessment policy states that the City funds 75% of the roadway project cost and any extra depth of pavement section or widering and 25% of the cost is assessed back to the benefitting property that fronts the project. The estimated assessments are as follows: Urban Lots: $2,770.00 Rural Lots: $7,830.00 Please refer to the attached assessment worksheet for your specific estimated assessment cost. This cost could be assessed over a 10 -year period at 5.5% interest (maximum rate), or the assessment could be paid in full with no interest within 30 days of the final assessment hearing, which would take place in the fall of 2012. Enclosed is a public hearing notice for the proposed project. If you have any questions, feel free to contact me at (763)767 -5133, or Jason Law, Assistant City Engineer at,(763)767 -5130. Sincerely, CITY OF ANDOVER David D. Berkowitz, P.E.' 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Exhibit 6 C I- T Y O F DOVE 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.ANDOVERMN.GOV CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA NOTICE OF HEARING ON IMPROVEMENTS PROJECT NO. 11 -10 SOUTH COON CREEK DRIVE NW RECONSTRUCTION NOTICE IS HEREBY GIVEN that the City of Andover, Anoka County, Minnesota will meet at the Andover City Hall, 1685 Crosstown Boulevard NW in the City of Andover, at the regularly scheduled City Council meeting on Tuesday, March 6, 2012 at 7:00 PM to consider construction of the following improvements: South Coon Creek Drive NW Reconstruction The properties to be assessed, pursuant to Minnesota Statutes Section 429, for the improvements are within the following described area: South Coon Creek Drive NW The estimated assessment rate is $7,830.00 / unit (Rural Lots). The estimated assessment rate is $2,770.00 / unit (Urban Lots). Such persons desiring to be heard with reference to the proposed improvements will be heard at this meeting. CITY OF ANDOVER G Michelle Hartner — Deputy City Clerk Publication Dates: February 17 & 24, 2012 (Anoka Union) Project Name: Feasibility Report Contract Award Estimated Construction Cost Estimated Expenses PRELIMINARY ANDOVER ASSESSMENT WORKSHEET South Coon Creek Drive Reconstruction Date: Date: Project No.: 11 -10 Amount: $ 2,288,410.00 Amount: S Amount: $ 2,288,410.00 Engineering (Includes Surveying, Inspection & Staking): $ 343,300.00 Consulting Costs S 35,000.00 Aerial Mapping (1 % of street) $ 13,700.00 Drainage Plan (0.3% of street/storm) $ 4,760.00 Administration (3 %) S 68,650.00 Assessing (1 %) $ 22,880.00 Bonding (0.5 %) $ _ Recording Fees / Legal & Easement $ 5,000.00 Advertising _ $ 1,000.00 Permit and Review Fees $ 3,500.00 Street Signs (Materials and Labor) $ 9,000.00 Easement Acquisition $ 10,000.00 Material Testing $ 25,000.00 Construction Interest $ 30,000.00 City Costs $ 8,370.00 Total Estimated Expenses $ 580,160.00 Expenses Multiplier 25.352% Total Estimated Project Cost Amount: $ 2,868,570.00 M"WoeoUUIV I %JDLO - U111L 09519 Estimated Construction Costs (total) $ 2,288,410.00 Deduction for Water Main Extension ( const. costs) $ 682,300.00 Deduction for Sanitary Sewer Extension ( const. costs) . $ 19,110.00 Deduction for Bridge Scour Protection (eonst. costs) $ 53,750.00 Deduction for Extra Depth Pavement & Widening ( const costs) S 398.240.00 Estimated Const. Costs (minus deductions) $ 1,135,010.00 x.25 Estimated Assessable Construction Costs (25 %) S 283,750.00 Assessable Indirect Expenses S 71.940.00 Total Estimated Assessable Costs $ 355,690.00 / Length of Project 9760 % of Lenoth Length in Urban Area (0 +40 .10+25, 79 -00 - 98 +00) 2885 29.56% S Length in Rural Area (10 +25 - 79 +00) 6875 70.44% $ Feasibility Assessment Rate Per Lot (Urban) $ 105,140.00 / 38 Units = Feasibility Assessment Rate Per Lot (Rural) $ 250,550.00 / 32 Units = Trunk Fund (total costs) Trunk Fund (total costs) and Bridge Fund (MSA F Estimated City Costs Note'. Total, are roundtd to the nearest 510 for simplicity. Actual amounts will be used for the fin! asess -c : cx::u!a[iors. $855,280.00 $23,950.00 105,140.00 250,550.00 $ 2,770.00 /Unit $ 7,830.00 /Unit Preliminary Assessment Worksheet Exhibit 5 U4 0 a M n c� n o> M O 40 0 oc �u u> Z Zp � Z G u o p . Z M � N • 01 Q i Zn p n C r7 <n i u J � L O m z O H U U pp O L U 'LO a Y _ e O L _ S &- N {V C O 0 N N �+ C) Z V v Z l Off. E h � U r J O �. ) ®'� b c 0 0- Co r 1 ®mac V, SL v O O s i vN aC. •. , e O L &- N C O 0 N N �+ C) r- N E . Z l Off. E h � 3 Z v O �. ) ®'� b c 0 0- Co a 1 ®mac �1 � _tn v O O s i vN aC. •. , L I- f4l J � N O M s � 1-4 ti aJ V7 J J v `n vi J � L &- e^^J m c !� . v rt 1 G 17 ! v s i vN aC. •. , [ �-f. CL 3 Cu f x L iZ l ` rt `-` v LCI r 1 ,i, O J J v `n vi J � L &- e^^J m c !� . v rt 1 G 17 ! s i 1 [ tA 1' J J v `n vi J � L &- e^^J v _ G s i 1 J J v `n vi J � .e s i rt `-` 1 ,i, nt .e 0 0 S c%j' E UJ > z 0 04 Z'7 a LO k 0 0 Z .0 CL *� 0 E < C', rw Ln rJ L Co 0 Z, LO I- ND Lj x < Ce) 'o �, Z .0 0 VI) U) U) 0 Cf) cu cn o LO Lh dl < 2i OL C) F- ELI 0 0 0)- - 0 0 S c%j' E UJ > z 0 04 Z'7 a LO k 0 0 Z .0 CL *� 0 E < C', rw Ln Li L Co 0 Z, LO I- ND Lj x < Ce) 'o �, Z .0 0 U) U) U) 0 Cf) cn o LO < 2i OL C) F- ELI 0 0 0)- - cn S c%j' E UJ > z 0 04 Z'7 a rw E 0 0 Z .0 CL *� 0 E < C', rw cl C? Li L Co 0 Z, ND Lj x < 'o �, Z .0 0 U) U) U) 0 Cf) NJ r6 VI C/ V, Z, ND �' Ar Cf) Q 2 r%r 7 c Z, �' VI Cf) COMMENT SHEET SOLIth Coots Creel'. Drive NW Recon 'structicn Project `i1 -'its Informational P eeting Thursday, September 22, 2011 ,- 5:00 p.m. - 7:00 p.m. Ngmr: /(ItC1b3F1�2 =� Address: Phone: E -Mail: �<-, �� "IU s) I'/� `" •1`. �� VV``-�• „V'./s) �. 9 CIIT Y O�F N N �a COMMENT SHEET South Coon Creek Drive NAN Reconstruction Project 11-1 Informational Meeting i��.�r�day, September 22, 2011 5:00 p rn, e 7:00 p.m. Nam�: -�cs..0 \ )�d1)_) Address: QcA01 I S \ d) 0Y, C\ Phone: �%) 3 E- Mail: �a� w\nnn�• \ 1cAy�? � (v4 g4�ci, Comments: •f' o F L\A i v\ in:.n � n (2 CA A( r Elk t 10V 5, x e- C A I T Y DM 0 F Re COMMENTSHEET 3 outh Coon Creek, Drive NMI, Reconstruction Pro'Ject I 1 -10 InfornlMlonal Meet!nL Thursday, Se t tembar 22, 2011 5:00 p.m., — 7:00 p.m . Nam: Address: -SY&'O Phone: 7C-7 - i-1 27 - -;23(21, Comments: s :- mfjl�-P L) ISI v South Coon Creek Drive NW Reconstruction Project 11710 Informational Meeting Thursday, September 22, 2011 5 :00 p.m. — 7:00 p.m. Name: Address: c23a7 S Cs,O/�e��C U(`tIIP Phone: 7 (a3- 75q- 65gl E- Mail: Comments: {��Ce55c� • t ^� �„ ��� SHEET S®uth Coon Creel{ Drive NW Reconstruction Project 1140 inforhiational Meeting Thursday "September`22; 2011 J 5.00 m: - 7:0 p. m. Name: Sc- pJ� J Address: 3 � ��oki cY^vp-, V\ Phone: 7C�3 -6 �( �o l �- Pilau: 1 o���yt G� ,IC¢ CD Q� f r Comments: P�-nc' of Dry PAY' Ills f -Or - u I UY� roo.,�,, -rc c 1p �o`rzyl < 0 4f I,Ij elll, I 2 Y, aG? e�- a u , s ve- C I 1 Y O F COMMENT SHEET South Coon Creek.Drive MV Reconstruction Project 11.4110 Informational Dileatinci Thursday, September 22, 20111 5 :00 p.m. m 7.90 p.m. Na me: . ooh\ Y Address: ZS�g` 5 h 0ne: Comments: :7Z NO E -Mail: [I-),? PA-gSP -qa LL, Clot, v I d,- ac1 u l I V;'1 i 1'--nt rn./b CJ 1 1 +_ ,J C I T Y 0 F MOVE COMMENT SHEET South,Coon Greek Drive .N W Reconstruction Project 9I =90 Inforroational Phe.eting Thurslclsy,' e pternbor 29, 2011 5:00 pm — 7:00 P.M.. N i rn m.: Phone- E-Mail: �3 C I Y 0 F W --- i COMMENT SHEET South Coon Creek Drive NW Reconstruction Project 11 -9fl Informational Maeting Thursday, September 2-9, 2011 SM p.m, - 7:00 p,M Name: Address,: Prone: "7& E4410: rn I COMMInts: C�' -J L'k e-) ocl_-drjr' L OL 5 1 e3 t-D' S . Ao u) n 0th 0 e-C '�) I S CAJ -J OJSL� , VI V b U51 t), J - 0 h,c) -r-T-C-)-t-J G , n L c- � SD'6-0-z� -J OJSL� , VI V CA T 0 F MOVE COMMENT SHEET S-- outh Coon Creek.Dr ive NWReconstruction Project i I Informational PJ1qJ'!ti9g Thursday, 'SeptemberM, 2011 5:00-.p.m. � 7:00 p. Name: Address: IX 611- VX-/ pho ne: E-Mail: AL-1 / L/,--t, ,J COMMENT SHE' Sour Coon Creek give NW Reconstruction Project 39 -10 Informational Meeting `I'hurnsday, September 22, 2011 5:00 p.m. - 7:00 p.m. Name: Aciclress: Zz'3Fk Lo C,\-c; AL Phone: E -Mail: cA n, J A,,, c.uw -1 Comments: U 1 u�I(4" rmc`�A�1 t P , u _, , -t-a U , m a e _ r. ,_ , n r \. , 1 � Ao i1Cn 1 P C I T Y O F A W COM, , ENT SHEET South Coon Creek Drive N.W Reconstruction Project 11 -110 informational Meeting ThUrSday, Septembar 22, 2011 6•00 p.m.. - 7KO0 p.m, Name: Address: Phone: 1047,' E -Mail: � cR t^�.�:�J� �dfG ��• �'� Comment: r v ujh c , v i S`dI ir1�ri t/iY� C /lC (� vJ Gtr U Name: G T Y 0 F NTO" 0 OM SHEET South Coon Creek Drive NW Reconstruction 'Project 11-10 Informational Meeting Thursday, September 2.2, 2011 5:00 p.m. — 7:00 p.m. Address: kumk) rr Phone: 2 (11 G-I) Comments: 7-9 1 f r /,L f-J 'J, V IS f, Al) Cf wj C' e t A-J 0 'A ON 0 ro- X- coo- lo: C: 0 -0 0 O 0 0 SZ O M (D cu W E O N �j X, ru- pV . o < z 0 U) u LU z o > z 0 z< V7 UJ > T C3 0 1) z < O mi cz LLIF x L! < to CY 0 Z 3: 0 0 c n F- U) Lo 0 <zo ®®0 0 0 C) EF o" 11 o 0 z U) N �j X, ru- pV . (1) Lo G Iz✓ IZ:1 C3 iJ cy , ��- I I-ls� N �j X, pV . ��- I I-ls� z®005,,- a- -o 0000 0 z o 0 T u3 JL co Cl) ua) LIJ > z 0 z < CD UJ > 0 a '-= C) .0 z 4-1 0 c—w • M C? RE CL Ci r- 0 c Z 4- 0 < > L!j )< 0 0 � < D Lt C) U) O.L. m ry Ll U C) VA X0®®11®®® o n m-M 11110 0 T u3 JL Name: Z 3iC5M).i�� 4 L � COMMENT SHEET South Coon Creek Drive NW Reconstruction (C.P.11 -10) Informational Meeting Tuesday, January 10, 2012 6:30 p.m. Address: Phone:'6 3 41-:ZZ,G? -?6, E -Mail: Do you have an irrigation system near the roadway : yes no (circle one) Comments: 'C -C-z� �fl, ' -I % L�C�y/e.��77e�e South Coon Creek , Drive NWReconstru'ction (C.P. 11-10) Informational Meeting Tuesday, January 10, 2012 6:30 p.m. Name: Address: Phone: E-Mail: Do you have an irrigation system near the roadway yes _�g no (circle one) Comments: hileft I U A I-A rVL A C-1 T Y O F OVEA'� COMMENT SHEET; South :Coon Creek Drive NWReconstruction (C.P. 11 -10) Informational 'Meetmg : ? Tuesday, January:1 2012 6:30 p.m. , Name: Address: Phone: _70 7 S Do you have an irrigation system near the roadway: yes (n (circle one) Comments: �� S �� E =� �c'_c Goy e 2 Jones % A ;� South Coon Creek 0?W'e NW Recons I truktion C.P. 11-10) Informational;Meeting Tuesday, January 10, 2012 6:30 p.m. Name: Address: Phone: Z_ 0 H �jSO .37 E-Mail Do you have an irrigation system near the roadway Comments: i_u J_ eT_q 7S Ye ��\ no (circle one) (: Ds �(C+. rr � 'el_ l al C_=, e_c_ -ILL/ 6 0 �K' Cj F t1l TO T j, C) S C II T6 F NDOVE COMMENT SHEET South Coon Creek Drive NW Reconstruction (C.P. 11 -10) Informational Meeting Tuesday, January 10;' 2012 6:30 p.m.' Name: Address: C , Phone: E -Mail i .G� �tl ` t4 �Gnr:C'Crn-F Do you have an irrigation system near the roadway : yes no circle one) Comments: C �- L2 'U _ �, r -,.�� r << 4 I 'J i Y� I I J 1' h.lv� ` \;`_ qtr! � 1 l Y ( (= lL•i'l�' I \ r Z� /i, Ali �.�)f (' -i. , •, � -i %i`_�-•.C: ( �:. _ � ,. J l �( C TI T Y 0 F DOft COMMENT SHEET South Coon Creek Drive NW Reconstruction (C.P. 11-10) Informational Meeting Tuesday', January 10, 2012` 6:30 p.m. Name: C� 4, M, I � INNn,d Address: Phone: E-Mail: Q. pi-r' OiVIIII cr, V1 G1, (It 60 Do you have an irrigation system near the roadway: (:y:ej� _)no (circle one) Comments: 1 79 C I T Y O P yak ND COMMENT SHEET South Coon Creek Dri,ve.NW.Reconstruction (C.P.11 -10) Informational Meeting Tuesday, January 103 2012 6:30 p.m. Name: /o /s Address: E -Mail: �o Phone: �� <� - r rrUa v Do you have an irrigation system near the roadway : yes no circle one) Comments: / k7 �_. 5l i� — owe; ;�_ �r✓�.?��> s U South Coon Creek Drive NW ReconstrUGtion (C.P. 11-10) Informational Meeting Tuesday, January 10, 2012 6:30 p.m. Name: Address: J Phone: E-Mail: Do you have an irrigation system near the roadway yes no (circle one) Comments: ctT1' or 9 DOVE^ COMMENT SHEET South Coon Creek Drive NW Reconstruction (C.P. 11 -10) Informational Meeting Tuesday, January 10, 2012 6:30 p.m. Name: Addrelc Phone V/ 411 P( E -Mail: Do you have an irrigation system near the roadway Comments: i. yes (circle one) /G- Mo January 12, 2011 RECEIVED RE: Comments regarding South Coon Creek Drive Reconstruction (C.P. 11 -10) JAN 2 0 2012 CITY OF ANDOVER Mr. Berkowitz and City Council, . My wife and I are Andover residents and have been Andover residents for 13 years. We attended your Open House on Ja nuary 10 and also the Open House that you invited us to last November. And so we think that we understand the project and its implications. We agree that South Coon Creek Drive is in need of repair. However, we're concerned about the cost of this project, especially during this time of economic hardship. We respectfully request that you delay this project until the economic situation improves. In the meantime, we would prefer that the city continue with its "band -aid" approach (i.e., filling pot - holes, etc). Although we enjoy walking, jogging and biking along South Coon Creek Drive, we are concerned about "+ the additional cost of providing the bicycle /pedestrian paths. And so, in addition to the plan as it is now, we would like to see a plan that does not include the bicycle /pedestrian paths, anticipating that the alternative plan would be less costly and therefore more palatable. Thank you for reading and considering our comments. Michael and Lily 6eaupre 3018 South Coon Creek Drive michaelbrOconnexusener�zy.com /, p.s. Yes we DO have an irri.ation system near the roadway Dave Berkowitz From: Dave Berkowitz Sent: Friday, January 20, 2012 9:14 AM To: Ron Erickson Cc: jlaw @andover.mn.us Subject: RE: South Coon Creek Drive NW Reconstruction Ron, Thank you for the email. Please refer below for the response to your questions. If you have any more questions or would like to discuss this more please send me an email or give me a call. Thank You David D. Berkowitz City of Andover Director of Public Works /City Engineer 763 - 767 -5133 From: Ron Erickson rmailto :rerickson(aihearterickson com1 Sent: Monday, January 16, 2012 10:25 AM To: Dave Berkowitz Cc: ilaw( andover.mn.us Subject: South Coon Creek Drive NW Reconstruction Gentlemen We would like acknowledge your professional handling of the meetings on this construction project. We all have personal feelings and emotions about this project and you have done a good job explaining.the details and the process involved with it. We have several items we would like clarification on. 1. If our neighbor across the street truly were to agree to all of the street widening on their property(3060) is this possible and what is involved to get this into the plan? The plan is to keep the centerline the same. The shift of centerline will most likely impact 3 properties across the street from you. All neighbors interested would need to request this in writing and then we would look at the design to see if the shift of the road would have more adverse impacts such as additional excavation, additional retaining walls, tree removal etc. 2. What type of retaining walls are being proposed and do we have any say into the design? That will be determined in the design phase. Most common retaining wall constructed for similar projects is a block type wall. 3. What would the policy be on driveway aprons? Ours currently is pavers with 12" of class 5 base. The driveway is replaced in -kind. The pavers would be salvaged and reused so that they match. 4. Is it possible to have a second driveway cut in the curb on the same property? If you would like a separate apron you would need to submit a written request as stated in the ordinance to the City Engineer and 1 would evaluate it. If the drive is approved all cost associated with this would be the property owners responsibility. 5. What is the latest time period to accept a water stub out? We would need a letter petition by early March. 6. How far beyond the new curb will the property be affected? Will the excavated soil for the water main be piled on the street? This is all dependent on the steepness of the slope behind the curb. If it is fairly flat the distance behind the new curb line is approximately 3 feet. If slopes are steep it would be what is needed to meet design criteria or for placement of a retaining wall. That will be determined in final design. The excavation for the water main should remain within the existing roadway. In areas where hydrants are placed this could vary. We understand the need for the road reconstruction. We would like to be on record that our desire is to leave the road at the existing width and reduce lane size and stripe the shoulders within this dimension to give the bike /walking area. If what you discussed in one of the meetings is true striping slows vehicles down this should be an acceptable option that would satisfy every ones objection to the road widening. We look forward to the council meeting where these items may be discussed. Thanks Ron and Stacy Erickson 3065 South Coon Creek Drive Dave Berkowitz From: Dave Berkowitz Sent: Wednesday, February 15, 2012 8:43 AM To: Don Brisse Cc: Jason Law; City Council; James Dickinson Subject: RE: south coon creek drive (c.p. 11 -10) Mr. Brisse, The following is a detailed response to your questions. With the complexity of design criteria sometimes it can be difficult to understand the details. I hope that the following will help. 1. Unit (from assessment manual) - a parcel or lot that cannot be further subdivided. For lots outside of the MUSA and for lots determined to be buildable, an R -1 designation is utilized to determine the total assessable units. Based upon the current zoning code, lots designated as R -1 must be at least 2.5 acres (when your lot was recorded, lots in R -1 could be smaller). All lots outside of the MUSA boundary, which are referred to as "rural ", were grouped together, each one counting as a "unit ". We took the total costs for the project in and out of the MUSA and proportioned the costs in each grouping (urban and rural) by the total lineal feet in each grouping. So we essentially had an estimated cost for both the "urban" portion of the project and similarly for the "rural" portion of the project. Those costs were then divided up by the total number of buildable lots in each area, hence a price "per unit ". One parcel in the "urban" area could be further subdivided, so was assessed for 2 units. There were no parcels in the "rural" area that could be further subdivided based upon the current R -1 designation. They MAY be able to be further subdivided in the future if they ever get sewer access and change to an R -4 designation, but at this time without that sewer AND water access, they cannot be considered as R -4 zoning.' 2. The decision to include an area for bikes and pedestrians was made by the City Council for current day residents and traffic, and also for use for the next 30+ years until the roadway gets reconstructed again. The City's Comprehensive Plan identifies.a pedestrian route, whether it be for walkers or bikers, along this corridor. It is one of the few east /west corridors in the City, and this connection links up existing pedestrian /bike routes on Crosstown Boulevard and Round Lake Boulevard. There is no guarantee that the land north of the creek will develop anytime soon. There are significant issues with wetlands, floodplain, and poor soils in this area that will hinder development until such a time where it may be cost effective to correct these soils. That will be driven by development. The MnDOT Bikeway Facility Design Manual was used as reference for the design. As for why it needs to be on both sides of the road, it actually doesn't need to be. It CAN be on one side of the road, but the impacts would be greater and it would be more expensive. By state law, bicycle traffic must go with the flow of vehicular traffic. A "shared -use path" as defined in the MnDOT Bicycle Manual, must be physically separated from the roadway by a barrier or landscaping. With installation of that "barrier ", a shared use path can be constructed that can accommodate two direction traffic. To achieve this, the path would need to either be off the roadway in the boulevard, or on the roadway with a physical separation (concrete barrier, green landscaped area separated by curbing, etc.). This would require additional width impacts to the entire corridor as there are requirements as to how close traffic can get to this barrier (clear zone), plus the width of the barrier area (which also needs to accommodate snow storage and signs), plus the width of the shared -use path, which would be 8' wide, plus whatever impacts would be outside of the path to physically construct it. The Bikeway Manual states that a minimum of 5' of separation between a shared use path (which could be 2- way) and the roadway is required for design speeds of 35 -40 mph (this roadway is 35 mph). All of these options were looked at and considered by the Engineering Department and the City Council and the option with the least amount of impacts to the project corridor, which in turn is the most cost effective (and cheapest) to build while providing the pedestrian access was chosen. For example, the current design is for 2 -12' vehicular lanes, 2 -5' shoulders on each side of the road for the bikes /pedestrians (5' minimum required per Bikeway Manual for areas adjacent to curb), and 1'S wide gutters on each side, the total width from face of curb to face of curb is 37'. For a comparison, another option looked at for a shared use -path (which has to be separated from the roadway) would have impacts of 2- 12' lanes plus 2 -2' clear zones to curb (shoulder area considered as clear zone in above scenario) for vehicles plus 5' separation plus 8' path, for a minimum total of 41', wide of impacts, which is at least 4' wider impacts to the project corridor than the currently proposed section. This also does not take into account that this would result in a roadway that would be only 28' wide from face of curb to face of curb, which does not meet the current City standards for this type of roadway which is approximately 32' face to face, so to meet that you'd need to add another 4' of width to get to 45' wide. The City Council chose the option that would have the least amount of impacts and costs associated with the project, while meeting the design criteria and providing a bike /pedestrian area along this corridor. 3. Trees will be removed by a contractor. They may be willing to leave the trees there for your use, they typically are but can't guarantee it Trees will not be replaced that are removed within the right of way. Maintained areas that are disturbed will be resodded, non - maintained areas will be seeded. Driveways will be replaced in -kind, on average 10' from the roadway. 4. Our state aid funds can be used whether or not the roadway is widened for pedestrian access. 5. The City does not keep pedestrian or bicycle counts, nor do most other Cities or even the County. Bike /pedestrian counts MIGHT be kept by larger park districts, like Three Rivers, that maintains corridors into and out of Minneapolis with very high volumes. The City has a high quality pedestrian network with sidewalks, paths, and trails. This corridor provides a link between these systems. Hopefully this gives you clarification and if not please contact me and we can meet to discuss further. Thank You. David D. Berkowitz City of Andover Director of Public Works /City Engineer 763 -767 -5133 - - - -- Original Message---- - From: Don Brisse [mailto:donbrisse.11 @gmail.com] Sent: Monday, February 13, 2012 9:51 PM To: Dave Berkowitz Subject: Re: south coon creek drive (c.p. 11 -10) Mr. Berkowitz, Thank you for the reply. I still have concerns and questions. P] I guess I'm still not clear on how the assessment amount was reached. I heard the figure of $7800.00 plus as being proposed for the "rural" lots and something much, much smaller given for the "urban" lots. You explained it at that meeting as having to also do with the larger lot sizes. You gave the example of 2 -1/2 acre lots or larger. My question is this- how is this assessment being figured? On a per foot basis of frontage or what? It seemed as though the numbers you put out there were the average amounts that each property would be assessed. How can our lot of less than 1 acre be assessed at the same rate as someone with a much larger parcel of 2 acres or more? Maybe I just don't understand how all this works well enough but it sure appears to be unfair if this is how things are done. Define a "unit ". Perhaps that will help. I also asked about how the decision has been made to include the designation of "bike trail" to our road. And why? Based on what? Perhaps, once again, I don't fully understand, but why the need for a "trail" of any sort that will be on both sides of the road? Why wouldn't only one side meet the needs of the "comprehensive" plan? I understand the concept of the master 30yr plan. I also realize, as I'm sure the council does, that the land North of the creek will also be developed in the next 30yrs. Most likely much, much sooner than that. So again, I ask why the trail couldn't go over there instead? I do appreciate the fact that the city has recognized the impact an off -road trail would have on the properties along our road. I also have concerns about widening the road any more than absolutely necessary. To also reduce the impact as well. I asked about the trees that will be lost due to this work. Will the city be replacing the trees and landscaping? Will I have the opportunity to keep the wood from the trees on my land that will be removed? What about regrading of driveways and such? Sod or seeding seems to be pretty much a given with all such work. So it appears that the state will kick in money. Would they also contribute to this project if there were no trails added? I'm not trying to be a jerk about this or being a "nimby ". I just do not see the justification, or need, of this widening of the road . I previously asked for any kind of stats that would indicate that we have any type of safety issue. People have walked and biked this road since.we moved here in and I haven't seen or heard of any problems. Again, my concern goes back to the expense of such a project in the current economy. We all have things that we would like to have. My family weighs all options and settles on the most cost effective solution. Maybe instead of a new Chevy truck, I settle for one that's a couple years old but still under warranty. Bottom line is this- the road needs to be replaced. I get that. I'm just asking that we do this is the best possible way that makes the most sense. Don Brisse On Fri, Feb 10, 2012 at 8:41 AM, Dave Berkowitz <D.Berkowitz @andovermn.gov> wrote: > Mr. Brisse, > Thank you for the email. As discussed at the meeting on January 10th any correspondence (comment sheets, emails, etc.) will be copied to the entire City Council and included with the staff item for the public hearing scheduled for March 6, 2012. All property owners with proposed assessments will receive a letter next week regarding the meeting. > Discussed at the meeting was the assessment rate per unit for "urban" and "rural" properties. Proposed assessments for both are based on a per unit charge. The "urban" designation are for lots that are.served with City sanitary sewer and water and the "rural" designation are for lots that are not served by City sanitary sewer and water. 3 > The City's Comprehensive plan identifies this route as a regional trail which would connect to other regional trail facilities. The proposed widening would be on average 2.5 feet on each side for a total of 5 feet wider than the existing road. This will vary (ex: 3 feet one side, 2 feet on the other) depending on the final design. To allow for pedestrian traffic on the roadway there must be at least a 5 foot wide section to allow the flow to go in each direction. Bicyclists are required by law to travel with traffic and walkers /joggers are required to travel toward traffic. An 8 -10 foot trail off the roadway is not feasible and would cause a greater impact to trees and yards. The design life expectancy of this road reconstruction is estimated at 30+ years, so the on street pedestrian way is for the needs of today and within the next 30+ years. > The City's funding portion for the project would be from Municipal State Aid funds which Cities over 5000 receive from the State which comes from a portion of the gas tax. South Coon Creek Drive NW is a designated State Aid Route so funding can be used on this road. The City designates 42.6 miles (11.5 miles are future routes) as State Aid out of the 193 miles of City streets. > The City's goal is to limit the impact to trees. Trees that fall within 5 feet behind the proposed curb will need to be removed for safety and provide for snow storage and plowing operations. This became a challenge working around the trees during the 2010 -2011 winter season. > If you would like to discuss this more please call me. > Thank You > David D. Berkowitz > City of Andover > Director of Public Works /City Engineer > 763 - 767 -5133 > - - - -- Original Message---- - > From: Don Brisse [mailto:donbrisse.11 @gmail.com] > Sent: Thursday, February 09, 2012 7:19 PM > To: Dave Berkowitz; Mike Gamache > Cc: dadbrisse @aol.com > Subject: south coon creek drive (c.p. 11 -10) > To all of the city council, > I would like to go on record opposing this project. I have a number of questions and concerns. We moved into our house in October of 91. > The week prior to the "Halloween blizzard ". In all these years we have never seen enough bike or people traffic to justify the current plans to add bike paths on this road. I can not believe that with the economy the way it is these days, that the city would spend our money in such a way! We could not attend the original meeting where this was proposed, but we did go to the on 1/10. To say we were rather shocked is an understatement. And we do not understand the need for this. I raised numerous points with the city engineers, with neighbors in the room agreeing. We were told our only recourse was to fill out.the comment sheets. Maybe this will be more effective. 4 > Number one issue is the fact that our property falls within the area you have designated "rural ". We are on a lot size just under 1 acre and apparently will be assessed at the same rate as the folks that all have much larger lots of 2+ acres. While the housing development lots on either end of the road are assessed by the SF. I feel that is absolutely unfair to us! We looked at the map available that night and it is quite evident that we are the only family that will be impacted like this. I would like you to look at this and see if something can be worked out. > I am wondering when/ why the decision was made to add "bike paths" on our road? Based on what? According to David Berkowitz that evening, the city is required to widen the road in both directions by 5' each side to accommodate the bike paths. Why do we need to label them bike paths? If it were called a trail it would not require such road widening. Nor would it require a path on both sides. There was much fanfare regarding the fact that the property owners would not be assessed the additional cost of this widening. But yet when I asked who would pay for it, I was told the city would. Huh? I am the city. > So my tax dollars will pay for it. So we will pay for it after -all. I would like this whole bike trail designation to be reconsidered. I understand that the city would like to have a trail in every neighborhood, all inter - connected. Why this road and why now? Would it not work to widen the road enough for a walking path on one side? I really do not see the need for any trail at all. I specifically asked for biker/ walker counts to justify the expense. I was told there are no reports. I asked for accident stats on this road involving bikes or walkers and told there have been none. I asked who has requested this bike path business and where do they live. Nobody knew. So how can the city justify this project? Because its one of those things that would be "nice" to have? Money is tight people. There are many things we would like to have too. But we don't purchase them unless we "need to ". I understand the need to rebuild the road and agree 100% with that aspect. So just fix the road. Save the nature trails for whenever the day comes that the land on the other side of the creek gets developed. Then put the trail along side the scenic Coon Creek. > What plans are in place to replace the large number of mature trees that will be lost due to this? Will the city replant? Landscaping? > What about lot drainage? > We really left that advisory meeting feeling like the decision has already been made. No further discussion will be allowed. This is what will happen and here is the bill for it. Oh and don't worry that the market value on our property has gone down by at least 45% in the last few years. But our taxes haven't declined by the same percentage. > We would welcome someone from the city to contact us and discuss this. > Lets look at all possible options to the road getting rebuilt. Lets see if something can be worked out that would be more fair to our family.And to our neighborhood. > Respectfully, > Don Brisse and family > 2530 So. Coon Creek Drive > Andover, Mn. 55304 >.763- 754 -3440 home > 763 - 639 -1201 cell > donbrisse.11 @gmail.com 5 0I L6ND OVE 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 •.WWW.AN DOVE RMN.GOV TO: Mayor and Council Members CC: Jim Dickinson, City Adminis FROM: David D. Berkowitz, Director of Public Works /City Engineer SUBJECT: Consider Approving Plans & Specs /Order Advertisement for Bids /12 -2b (Johnson's Oakmount Terrace) & 12 -2c (147`h Avenue NV) /2012 Street Reconstruction - Engineering DATE: March 6, 2012 INTRODUCTION The City Council is requested to consider approving final plans and specifications and order the advertisement for bids for Projects 12 -2b, Johnson's Oakmount Terrace & 12 -2c, 147`h Avenue NW for street paving improvements. DISCUSSION At the January 17, 2012 City Council meeting the Council approved the above subject projects but opted to invite the residents back to this meeting to discuss an alternative assessment option in regards to the north side of 147`h Avenue NW. Attached are the meeting minutes from the January 17`Y' meeting along with the notification letter sent to the property owners. The estimated assessment per unit which includes the north half of 147`h Avenue NW is $7,070.00. If the north side of 147`h Avenue NW is funded 100% by the City the estimated assessment would be $6,170.00 per lot. Plans and Specifications are available for review in the City Engineer's office. BUDGET IMPACT The street reconstruction projects would be funded from the City's Road & Bridge Fund, with 25% of the total project costs associated with the standard street section assessed to the benefiting properties as identified in the City's Roadway Reconstruction Assessment Policy. A portion of the 147`h Avenue NW reconstruction project will be funded through Municipal State Aid funds. ACTION REQUIRED The City Council is requested to approve the resolution approving final plans and specifications and ordering the advertisement forbids for Projects 12 -2b, Johnson's Oakmount Terrace & 12 -2c, 147`h Avenue NW for street paving improvements. Respectfully submitted, (2,.C(,x David D. Berkowitz Attachments: Resolution, January Location Map 17, 2012 City Council Meeting Minutes, Resident Letter & Project CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. MOTION by Councilmember to adopt the following: A RESOLUTION APPROVING FINAL PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR PROJECT NOS. 12 -2b, JOHNSON'S OAKMOUNT TERRACE & 12 -2c, 147T" AVENUE NW. 2012 STREET RECONSTRUCTION WHEREAS, pursuant to Resolution No. 008 -12 , adopted by the City Council on the 17th day of January , 2012 , the City Engineer has prepared final plans and specifications for Project No. 12 -2b & 12 -2c . WHEREAS, such final plans and specifications were presented to the City Council for their review on the 6th day of March 2012. 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 9:00 a.m., Friday, March 30, 2012 at the Andover City Hall. MOTION seconded by Councilmember and adopted by the 5City Council at a regular meeting this 6th day of March 2012 , with Councilmembers voting in favor of the resolution, and Councilmembers against, whereupon said resolution was declared passed. ATTEST: Michelle Hartner — Deputy City Clerk CITY OF ANDOVER voting Michael R. Gamache - Mayor Regular Andover City Council Meeting Minutes —January 17, 2012 Page 6 No one from the public wished to speak. Motion by Councilmember Bukkila, Seconded by Councilmember Trude to Close the Public Hearing. The motion carried unanimously. Mayor Gamache closed the public hearing at 7:39 p.m. Motion by Councilmember Trude, Seconded by Councilmember Howard to Approve a Resolution Ordering the Improvement of Project 12 -2a, 2012 Street Reconstruction ( Ivywood Estates) and Directing Preparation of Final Plans and Specifications. The motion carried unanimously. (See Resolution R007 -12) HOLD PUBLIC HEARING /ORDER PLANS & SPECS 112 -2b (JOHNSON'S OAKMOUNT TERRACE) & 12 -2c (1471HAVENUE NW) 2012 STREET RECONSTRUCTION City Engineer Berkowitz stated identified in the City's 2012 -2016 Capital Improvement Plan is reconstruction of Johnson's Oakmount Terrace and 147d' Avenue NW. This project would be bid with the Ivywood Estates reconstruction project in order to obtain better pricing. The project will include reclaiming the existing bituminous surface, replacing bituminous curb with concrete curb and gutter, storm sewer improvements to correct known drainage issues, and paving a new bituminous surface. An informational meeting with residents impacted by this project was held on December 6, 2011. The estimated assessment for this project is $7,070.00 per unit. The City Council is requested to ultimately approve the resolution ordering the improvement of Projects 12 -2b, Johnson's Oakmount Terrace and 12 -2c, 147t` Avenue NW for street paving improvements. Councilmember Howard asked where the storm water ran through this area. City Engineer Berkowitz stated the storm water runs from the intersection at 147`" Avenue and Guarani Street to 145`h Lane. A majority of the water drains to Guarani Street and then drains to the south. There is one exception on the west of 147fl' Avenue that drains into a drainage swale. The intersections currently have a hard time draining. He clarified this project is different from the project at Ivywood Estates because of more significant drainage problems but both projects will have bituminous curb replaced with concrete curb and gutter. Councilmember Knight asked if Guarani Street is a State Aid road. City Engineer Berkowitz explained 147h Avenue from 7°i Avenue to the Meadows of Round Lake is a State Aid road. State Aid roads generally consist of a connection point between two (2) County roads or a County road and State road. He clarified any widening of the roadway beyond a standard city street is paid 100% by the City through State Aid Funds. If the street section is made deeper the City pays 100% of the over sizing. These amounts are not included in the assessments. Regular Andover City Council Meeting Minutes —January 17, 2012 Page 7 Motion by Councilmember Knight, Seconded by Councilmember Bukkila to Open the Public Hearing. The motion passed 'unanimously. Mayor Gamache opened the public hearing at 7:48 p.m. Mr. Al Eckardt, 4352 147' Avenue NW, Andover, stated he had been offered to purchase an outlot several years ago but had declined to purchase it. This piece of property was then a fire lane to 147`" Avenue and according to the current map it is now part of 147x` Avenue. He asked who was responsible for changing a piece of property from an outlot to a holding pond to a part of 147' Avenue. He stated this holding pond would run in front of his property. City Engineer Berkowitz stated there is additional right -of -way in front of this property. Right now, water drains down the roadway and accumulates in front of this property. He stated the records show this portion is City property and it may have occurred if the property was an outlot and went tax forfeit and the City acquired it through that process. But he is not sure of the exact circumstances at this time. Mr. Eckardt stated there is only water in this area for a short time in the spring each year. He asked how much water would be sent down to this area with the new design. He stated he is paying an assessment of $7,000 for a ten -foot driveway that crosses over a holding pond. He does not feel it is fair to have to pay a full assessment for this small of a section. City Engineer Berkowitz stated there would be no more water than what currently exists with the exception of a little widening. He also clarified Mr. Eckardt property is fronting 147th Avenue so he is included in the assessment of this project as one (1) unit. The City typically assesses based on where a home's address frontage is. He also stated because this easement does handle a portion of the drainage, so the City needs to maintain control of the property. Mayor Gamache stated the City would watch the drainage during design to ensure there is no flooding in this area. Mr. Patricio Salamanca, 4264 147th Avenue NW, Andover, stated he is on the southern side of 147th Avenue and the road being proposed will be widened to the south. This will impact his property and the trees that are along the roadway. City Engineer Berkowitz stated the road is proposed to be widened 1.83 -feet with about 1 -foot on the south side of the road. There is a concern about the trees because they are close to the road and in the right -of -way. This makes snow storage difficult and as they have matured it makes it difficult to see road signs. The City has been looking at removing anything within 5 -feet of the back of the curb. He stated staff could work with Mr. Salamanca to see if it would be possible to trim the trees to save them but this may not be as nice as he would like. The City does not like to remove trees but if there is a need for snow storage or safety then they generally will be removed. Regular Andover City Council Meeting Minutes — January 17, 2012 Page 8 Mayor Gamache stated the City has a number of areas in the City that trees are trimmed in order to increase safety. The City will look at being able to just trim these trees but they may not be able to be saved. Mr. Salamanca stated because these trees are 4 -feet from the current roadway and the City wants to take 5 -feet these trees will be removed. If these trees were removed, Mr. Salamanca stated then there should be something replanted to replace them. City Engineer Berkowitz stated these trees are in the City's right -of -way and it is important to maintain safe conditions within the right -of -way. Staff can look at being able to trim these trees but this may not be acceptable to Mr. Salamanca. Also because these trees are in City right -of- way the City does not replace them. Councilmember Trude asked why this road is being widened. City Engineer Berkowitz stated looking at the other matching street there are striped shoulders on both sides of the roadway and there is not on this section of roadway. It is not feasible on 147,' Avenue to have a shoulder to the north. The road is proposed to be widened a total of 1.83 -feet to provide a safe way for pedestrians and bikers to travel in this area. Also widening it will allow this section to line up with the roadway across the street. The Council can decide not to widen this section of roadway. Councilmember Trude stated safety is one component of building roads. In this situation the road to the west is narrower than the road to the east. For traffic purposes it is better for roadways to be the same width. She asked if this project would make them the same width. City Engineer Berkowitz stated the roadway would not be the same width on the north side because it would be difficult to have a shoulder on this side of the road. Councilmember Trude suggested staff talk with the City Forester about the trees to determine the age of these trees and the life span for them. This may have an impact on the decision to look at trimming them. City Engineer Berkowitz stated trimming the trees might not impact the look of the trees very much. Councilmember Howard asked how far into this property the City would have to go. City Engineer Berkowitz stated typically the City looks for 5 -feet and this is to accommodate the wing of the snowplow. For construction purposes, putting in concrete curb and gutter requires an additional 3 -feet. This may be onto the roots of these trees. Councilmember Howard clarified the centerlines on the east and west side of the street do not Regular Andover City Council Meeting Minutes —January 17, 2012 Page 9 line up. City Engineer Berkowitz stated there is a slight jog in the road. Mayor Gamache requested staff be sure the road is lined up correctly with this project. City Engineer Berkowitz stated the intent is to line up the centerlines for the east and west side of the street. Staff will look at this to be sure the road is lined up with the least amount of impact and the most feasible option. Mr. Salamanca stated he does not want to see the stop sign on this corner removed for safety reasons. City Engineer Berkowitz stated staff has been going through the City looking at unwarranted 4- way stops that do not meet the MUTCD manual. This intersection would be analyzed and the need for the stop sign would be determined by the amount of traffic flow in this area. Mayor Gamache stated the next neighborhood over does have traffic issues and people driving fast through that area. He clarified the stop sign at this intersection slows traffic down for this neighborhood. City Engineer Berkowitz stated stop signs are not used for speed control. They City has adopted the MUTCD manual and has followed its guidelines throughout the City. Mayor Gamache requested this be looked at during the design. Mr. John Caldwell, 14659 Guarani Street, Andover, asked why the road needed to be replaced and why the residents were asked to incur this cost at this time. Mayor Gamache stated there is a process that is gone through every year in the City that looks at roads to determine which roads need to be repaired. This process rates and grades all the roads within the City. This process ensures the City does not run into a situation where all the roads need to be replaced at one time or roads do not encounter serious problems. City Engineer Berkowitz stated Guarani Street was first paved in 1978. According to City records this road has had extensive maintenance for these intersections. The edge of the roadway has broken down. The City has an overall condition index that grades the streets and staff analyzes the roadways every three (3) years so they can identify which roads are in the most need. Mr. Caldwell stated he has not experienced any flooding or water problems. He asked if the money was being spent wisely by using it on this project. In his opinion the roads are fine and there are no problems so the road should just be left alone. These funds could be used in other areas of the City. Regular Andover City Council Meeting Minutes —January 17, 2012 Page 10 Mayor Gamache stated the City had set a policy in the mid 1990's to use an index that would determine what roads need to be repaired or replaced so that the City can better spread the costs of these repairs over time. This process keeps the taxes lower. The current Assessment Policy is what the City felt would be a fair breakdown of the costs for the City and residents. The residents in the project area are assessed 25% of the total costs and through taxes the City pays the remaining 75 %. The roads being repaired and replaced are having curb and gutter added to improve the life expectancy of the road and the concrete curbs are expected to last through more than one road repair or reconstruction. Mr. Caldwell stated his property taxes have gone up and the value of his property has gone down. This project will put another burden on residents. He asked the Council to consider if this would be the best time for this project and the best way to spend taxpayer dollars. Mayor Gamache stated the recent increase in taxes and decrease in home values was primarily a result of the State's new Market Value Exclusion Program. The City needs to look long term at the needs of the City. The City does not require residents to be put on City water and this decreases the potential costs to residents in this neighborhood. Councilmember Knight asked what the average lifespan for a standard road would be in the City. City Engineer Berkowitz stated the goal is to have the pavement of roads to last 25 -30 -years with the concrete curb and gutter to last through two (2) reconstruction projects. When the roads were originally put in the goal was for them to last 20 years. Mr. Reine Kassulker, 4320 147` Avenue NW, Andover, stated he is not in favor of this project just because the index says the road needs to be reconstructed. There are no drainage problems and the roadway is fine. He does not want to see the stop sign removed because this will create a safety problem for the neighborhood. He also does not want to see the trees removed. He does not have the money for this assessment and residents are saying it would be acceptable to spend these funds somewhere else in the City. He stated the policy needs to be changed and if not then there needs to be a change in officials. Councilmember Trude stated there are eight (8) addresses in the project area that are present and against the project and one (1) address present that is undecided. She asked if this was similar to what was seen at the neighborhood meeting. City Engineer Berkowitz stated the neighborhood meeting was to give the facts to the residents and let them know their voice could be heard either by written comment or at the public hearing at City Hall. The number of units opposed to the project was not as great at the neighborhood meeting. There are 24 homes in the project area. Councilmember Bukkila pointed out if the project is delayed it could potentially cost the residents more and this was seen in one of the projects last year. The City has looked at policies Regular Andover City Council Meeting Minutes —January 17, 2012 Page 11 to try and make these repairs and assessments easier for residents and this was done last year. This road should be reconstructed and this needs to be balanced with the needs of the other roads within the City. Councilmember Trude stated at a workshop the Council had discussed the fact that 147t' Avenue does not have homes on the north side. The Council had considered a couple of options but at that time it was decided not to pay for the north side of the project out of State Aid Funds. She clarified the State Aid contribution is only for the extra width of the roadway. City Engineer Berkowitz stated the assessment contribution is for a regular City street, which would be 32 -feet wide with 3- inches of bituminous, concrete curb and gutter, and would be divided by the entire neighborhood. Because it is a State Aid road the extra widening and extra thickness would be picked up through State Aid. Councilmember Trude stated 147`x' Avenue has homes that do not front 147' Avenue and this is unusual within the City. She asked how the neighborhood sentiment would be impacted if the City approached the assessment of the north side differently. Mayor Gamache asked how this would impact the assessment cost. City Administrator Dickinson stated the discussion at the workshop was to add four (4) lots to the north side and have, the City pay these assessments. This would increase the number of units from 24 to 28 and the assessment would drop to approximately $6,000 per unit. The City through the Road and Bridge Fund, would pay the assessment amount for these additional lots. Ms. Sally Sullivan, 14616 Hopi Street NW, Andover, stated she does not support this project and would like to see it postponed. Having an additional amount added to her taxes will impact what she is able to pay. According to MN State Statute 429 the benefit of the project must equal the amount that is assessed. This project will not increase her property value in an equal amount. There will be a benefit to the City so the residents on this street should not have to bear the cost. She would also like a copy of the feasibility report. She also asked for clarification why this project included concrete curb and gutter but the project for Flintwood Street did not have curb and gutter included. She stated this project is not needed at this time but if it does move forward she would like to make people aware of a Blanding's turtle nest. The taxes in Andover are too high. Mayor Gamache stated the Flintwood Street neighborhood has ditches and culverts for drainage not curb and gutters like the Johnson's Oakmount Terrace neighborhood. City Administrator Dickinson stated according to MN State Statute 429 the neighborhood is receiving benefit. The assessment amount is not 50% to 100% of the value of the project because this would be difficult for the City to prove an equal amount of value the City does 25 %. There is an overall improvement to the property with the improved street and drainage. Under Regular Andover City Council Meeting Minutes —January 17, 2012 Page 12 the current market the decline in value will likely be less than other homes. City Engineer Berkowitz stated if the project is moved forward bids would be received in April and construction could begin in June. The assessment hearing would be October. He clarified he would not recommend bidding this project separate from the Ivywood project. He stated the feasibility report is a public document and he could forward a copy of this to Ms. Sullivan. Councilmember Trude stated adding the additional four (4) lots into the assessment drops the assessment amount by approximately $1,000 per unit. If this project is postponed the costs may go up and this would affect those residents that are in favor of the project and the city as a whole. The people that support this project are not represented at this meeting and may oppose having their assessment values increased because the project was postponed. The City of Andover has chosen to subsidize rural lots so that roads do get done in these areas. Surrounding suburbs assess more for street projects in rural neighborhoods. City Engineer Berkowitz stated another option for the City to consider for 147x' Avenue would be to look at that roadway and have half of the roadway be a City cost. He would need to evaluate the project to determine an approximate assessment value for this scenario. Councilmember Bukkila asked how many other areas in the City had similar circumstances as 147' Avenue and do not have homes on one side of the street. The City needs to maintain consistency with future projects. City Administrator Dickinson stated this is not a common setup within the City but 147"' Avenue is probably not the only location in the City. Councilmember Bukkila stated maintaining the infrastructure does help to keep property values UP. Mayor Gamache stated the Council is considering reducing the current proposed assessment from $7,070.00 to approximately $5,900.00. Ms. Pamela Odash, 14597 Guarani Street NW, Andover, asked if the assessment would increase the property value by an equal amount thus increasing the property tax amount. City Administrator Dickinson stated the property value will probably maintain and if it decreases it will not decrease as much as other properties will. Councilmember Knight suggested the process move forward and bids solicited so that the City can have a better understanding of the assessment amounts. This project is not being approved at this time just the ability to send the project out for bids. Mr. Caldwell asked if the residents would be informed when the bids were received. Regular Andover City Council Meeting Minutes —January 17, 2012 Page 13 City Engineer Berkowitz stated the Johnson's Oakmount Terrace project area is 2/3 of the total projects to be bid and if this project is not moved forward then staff is requesting direction on how to move forward with the Ivywood Estates project. The streets need to be done in the Ivywood Estates neighborhood. Mayor Gamache suggested the project move forward and staff look into reducing the assessment to approximately $5,900 by adding four (4) additional units to 147x` Avenue. He stated the Council will have the final plans and specifications in March and at that meeting he would suggest those residents opposed to the project attend. This project is something that needs to be done and in the long run it will cost residents more if postponed. City Engineer Berkowitz stated staff would send a letter to the residents in this neighborhood with a reminder of the meeting on March 6, 2012. Motion by Councilmember Knight, Seconded by Councilmember Howard to Close the Public Hearing. Mayor Gamache closed the public hearing at 9:12 p.m. Motion by Councilmember Bukkila, Seconded by Councilmember Howard to approve a Resolution Ordering the Improvement of Project 12 -2b, Johnson's Oakmount Terrace and 12 -2c, 147t` Avenue NW, 2012 Street Reconstruction. and Directing Preparation of Final Plans and Specifications. The motion carried unanimously. (See Resolution ROOS -12) City Administrator Dickinson clarified this included a comparison of the assessments including the four (4) additional units on the north side of 147t` Avenue and the value of half the road option. Mr. Caldwell asked if it would be possible to have just the asphalt replaced and not include the curb and gutter. Mayor Gamache stated the City's policy is if the money is going to be spent to reconstruct a road then concrete curb and gutter would be installed to increase the life expectancy of the road. CONSIDER CONDITIONAL USE PERMIT — TEMPORARY STORAGE OF HIGHWAY CONS TR UCTION MA TER L 9 L S Community Development Director Carlberg stated the applicant is requesting temporary storage of approximately 11,000 -cubic yards of tire chips on the property at 16563 Hanson Boulevard NW. The County is planning to reconstruct a portion of Hanson Boulevard beginning in the spring of 2012. It is anticipated the project will be completed by July 1, 2012. All of these chips will be used in the Hanson Boulevard project. The Planning Commission recommended approval of the proposed conditional use permit with a 6 -0 vote. Since the Planning Commission C I T Y O F ND OVE 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.ANDOVERMN.GOV February 14, 2012 Re: 2012 Street Reconstruction — Projects_12 =02&06bnson's Oakmount Terrace & 12 -02C, 147`h Avenue NW Dear Resident: The City Council will be meeting at 7:00 p.m. or thereafter on Tuesday, March 6, 2012 to consider approving plans and specifications and advertising the project for bids for the'proposed above referenced project. A feasibility report has been prepared and project details were discussed at the neighborhood meeting and public hearing that were held for this project. The feasibility report estimated costs associated with road improvements in your area as a portion of the 2012 Street Reconstruction project. The proposed project consists of milling the existing bituminous roadway, shaping the gravel, storm sewer improvements to handle drainage issues, and constructing a new bituminous surface with concrete curb and gutter. The total project cost for your area is estimated at $737,310.00. City costs for the project are estimated at $567,630, which is 75% of the standard street section costs plus extra pavement depth /width costs on 147 1h Avenue NW. This would be funded from the City's Road and Bridge Fund. The remaining 25% of the standard street section costs ($169,680.00) would be assessed to the benefiting properties. The properties that would be assessed for the improvement are identified on the attached assessment worksheet. The estimated assessment to each property within the project limits is $7,070.00. This estimated assessment cost will be discussed in detail at the meeting. Actual assessment amount will be determined based upon actual construction costs. This cost could be assessed over a 10 -year period at 5.5% interest (maximum rate), or the assessment could be paid in full with no interest within 30 days of the final assessment hearing, which would take place in the fall of 2012. It is important to attend the meeting if you can. If you have any questions, feel free to contact me at (763) 767 -5133. Sincerely, CATTY OF ANDOVER o David D. Berkowitz, P.E. 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FT. o .s �441 a A �k- Y t ,� +ti ryl a- • I d} _ _ U W Q � «U ANLfD1 06 • _or ns •ry. 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.ANDOVERMN.GOV To: Mayor & City Council CC: Jim Dickinson, City Administrato David D. Berkowitz, Director of Pub ' ' orks /City Engineer �$ From: Todd J. Haas, Assistant Public Works Director Subject: Discuss /Approve Pleasant Oaks Park Improvements - Engineering Date: March 6, 2012 INTRODUCTION The City Council is requested to discuss and approve the plan for improvements to Pleasant Oaks Park as recommended the Park and Recreation Commission. DISCUSSION The Park Commission held a public information meeting on January 19th with the neighborhood to discuss possible improvements to the park but no one was in attendance to address the Commission. The City did receive 7 online surveys that were completed by area residents. Since no one attended the public information meeting, the Commission requested staff notify the '4 of 7 property owners that indicated they were interested in meeting with staff to discuss possible improvements to the park. Based on input from 2 of the property owners that were able to meet, it was recommended by the property owners to replace the existing playground equipment with new playground equipment for 2 -12 year olds, add a new swing set and install one Frisbee Golf Disc Basket placed near the north end of the open space area. The Park Commission reviewed the recommendation of the residents at their meeting of February 16th. One of the residents did attend the meeting and spoke to the Commission. After some discussion by the Park Commission, it is recommended to replace the existing playground equipment with new playground equipment for 2 -12 year olds, add a new swing set and install one Frisbee Golf Disc Basket placed near the north end of the open space area. Staff did remind the Commission that $18,000 of the $25,000 would be available for equipment and the remaining $7000 will be needed for other items such a wood chips for the fall zones, ADA access and borders that will be installed around the equipment. Note: The neighborhood representatives have not selected the equipment as of yet as they are waiting on approval from the City Council. Note: Staff reminded the Commission the location of the Pleasant Oaks Park in relation to the location of the Meadows of Round Lake Park and the new playground equipment that was installed in 2008 at the Meadows of Round Lake Park. Staff suggested to the Commission that other types of activities could be considered in Pleasant Oaks Park instead of playground equipment since the two parks were relatively close to one another. Suggestions for Pleasant Oaks Park was to include the possibility a picnic shelter, Mayor and Council Members March 6, 2012 Page 2 of 2 volleyball or basketball court, tether ball and/or a swing set (no playground equipment). Attached is location map of where the parks are in relation to each other. BUDGETIMPACT The improvements are identified in the 2012 Parks Capital Improvement Plan in the amount of $25,000. Additional funds could be used from Woodland Meadows Park budget. ACTION REQUESTED The City Council as recommended by the Park Commission to approve the improvements (new playground equipment for 2 -12 year olds, add a new swing set and install one Frisbee Golf Disc Basket placed near the north end of the open space area) for Pleasant Oaks Park. Respectfully subnii�tted� Todd J. aas Cc: Ted Butler, Park and Recreation Commission Chair (copy sent by e -mail) Attachment: Park Location Map, Existing Park Layout'/ C I T Y O F ,. ,ND OVF, Wu . -, �� -: • d • ' t `_. _ � � • nor ' � -�'. 1 l � py I •1 19.. i w f -` ti iii• � �.. �I A. ,. �• -f• , ��• t 147TH AVE Oar 146TH L !-i >F _ - a�r Pleasant Oaks 1 _ d�_y`A f F 1: lti5 I ,A `I •ly]�" i �•1 �. tih y� yi�i�. r -, �� -: • d • ' t `_. _ � � • nor ' � -�'. 1 l � py I •1 A. ,. �• -f• , ��• t 147TH AVE Oar 146TH L !-i >F _ - a�r Pleasant Oaks 1 _ d�_y`A f F 1: lti5 I ,A `I •ly]�" i �•1 �. tih y� yi�i�. 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.ANDOVERMN.GOV To: Mayor & City Council CC: Jim Dickinson, City Administra David D. Berkowitz, Director of Pu ' Works /City Engineer From: Todd J. Haas, Assistant Public Works Director Subject: Discuss /Approve Woodland Meadows Park Improvements - Engineering Date: March 6, 2012 INTRODUCTION The City Council is requested to approve the plan for improvements to Woodland Meadows Park as recommended the Park and Recreation Commission. DISCUSSION The Park Commission held a public information meeting on January 19` with the neighborhood to discuss possible improvements to the park but no one was in attendance to address the Commission. The City also did not receive any online surveys that were requested by area residents probably do to the fact that the only improvements that are needed are new fall zones and handicapped accessibility to the existing playground structure. BUDGET IMPACT The 2012 Parks Capital Improvement Plan identified a budget of $50,000 for two parks ($25,000 for Woodland Meadows Park and $25,000 for Pleasant Oaks Park). The estimated cost for Woodland Meadows Park is estimated to be about $10,000. The $15,000 remaining could be carried over to 2013 for proposed larger playground structures that need to be replaced or the funds could be allocated to Pleasant Oaks Park so that a larger playground structure with more features could be purchased. ACTION REQUESTED The City Council is requested to approve the improvements (new fall zones and accessibility for the handicapped to the existing playground structure) for Woodland Meadows Park as recommended by the Park and Recreation Commission. Respectfully submitted, t"00-- Cc: Ted Butler, Park and Recreation Commission Chair (copy sent by e -mail) Attachment: Map of area Im!- •!' W 74 WO Au. ii IALJWI, N fA IiVo Bland 41 el tiu 14, 4 1 8 44 • AV 4bl—I ?L50 5GO :j Feet 11 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.ANDOVERMN.GOV TO: Mayor and Council Members CC: Jim Dickinson, City Administrator David D. Berkowitz, Director of Public Works /City Engineer FROM: Todd J. Haas, Asst. Public Works Director/Parks Coordinator SUBJECT: Update of Grand Opening/Hawkridge Park/09 -18 -- Engineering DATE: March 6, 2012 INTRODUCTION This item is regards to the Grand Opening of Hawkridge Park. (5) DISCUSSION North Metro Soccer Association (NMSA) has set the grand opening for Hawkridge Park for Saturday, April 21" at 10 am. The reason for scheduling this on a Saturday is that North Metro Soccer Association did not feel there was enough time to have a grand opening, play a bunch of games and have referee training during the weeknight before sunset which is a little after 8 pm. Staff will be coordinating with NMSA to make sure the fields are ready for use and coordinate any items that are needed for the grand opening. Mayor Gamache is scheduled to speak on behalf of the City. Please let staff know if you plan on attending the grand opening. The Park Commission and Public Works staff that worked on the park will also be invited so they can be recognized for the great work that was done. ACTION REQUIRED No action is necessary. Respectfully submitted, Todd J. Haas Cc: Barb Anderson, North Metro Soccer Association President (copy sent by e -mail) CITY OF I�-E N 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.CI.ANDOVER.MN.US TO: Mayor and Councilmembers FROM: Jim Dickinson, City Administrator SUBJECT: Administrator's Report DATE: March 6, 2012 The City Administrator will give a brief verbal update on various items of interest to the City Council and to the residents at the meeting. Listed below are a few areas of interest: 1. Administration & City Department Activities 2. Legislative Updates 3. Update on Development/ClP Projects 4. Meeting reminders /Community Events Upon receipt of the meeting packet, if a member of the Council would like an update on a particular item, please notify me so an adequate update can be made. A C I T Y 0 F ;h NLbD 06 AVY 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.ANDOVERMN.GOV TO: Mayor & Council Members FROM: Jim Dickinson, City Administrator SUBJECT: Supplemental Agenda Item for March 6, 2012 City Council Meeting DATE: March 6, 2012 The City Council is requested to receive the following supplemental information. Consent Items Add -on Item #6a. Approve 2012 City of Andover Board of Appeal and Equalization Board — Administration Discussion Items Item #9. Hold Public Hearing/Order Plans & Specs /11 -10 /South Coon Creek Drive NW Reconstruction (Supplemental) — Engineering 3 CITY OF V td 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.CI.ANDOVER.MN.US TO: Mayor and Councilmembers FROM: Jim Dickinson, City Administrator SUBJECT: Approve 2012 City of Andover Board of Appeal and Equalization Board DATE: March 6, 2012 INTRODUCTION Minnesota Statutes sets forth the process and procedures for municipalities to conduct an annual Board of Appeal and Equalization within their respective municipality. Each year the City of Andover has conducted a local Board of Appeal and Equalization rather than an Anoka County Assessor open book review. DISCUSSION The Anoka County Assessor, pursuant to statute, shall fix a day and time when the board or the board of equalization shall meet in the assessment districts of the county. Notwithstanding any law or city charter to the contrary, a city board of equalization shall be referred to as a board of appeal and equalization. On or before February 15 of each year the assessor shall give written notice of the time to the city or town clerk. The meetings must be held between April 1 and May 31 each year. The clerk shall give published and posted notice of the meeting at least ten days before the date of the meeting. The Anoka County Assessor has designated April 12, 2012 at 7:00 p.m. at the Andover City Hall as the date for properties within the City of Andover. ACTION REQUESTED The Andover City Council is requested to approve the attached resolution that designates the 2012 Board of Appeal and Equalization Board tfully submitted, Jim ickinson At chment - Resolution CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. A RESOLUTION DESIGNATING CITY OF ANDOVER 2012 BOARD OF APPEAL AND EQUALIZATION BOARD. WHEREAS, Minnesota Statutes sets forth the process and procedures for municipalities to conduct an annual Board of Appeal and Equalization within their respective municipality; and WHEREAS, the City of Andover has designated the Anoka County Assessor as the City Assessor; and WHEREAS, The Anoka County Assessor, pursuant to statute, shall fix a day and time when the board or the board of equalization shall meet in the assessment districts of Anoka county. Notwithstanding any law or city charter to the contrary, a city board of equalization shall be referred to as a board of appeal and equalization. On or before February 15 of each year the assessor shall give written notice of the time to the city or town clerk. The meetings must be held between April 1 and May 31 each year. The clerk shall give published and posted notice of the meeting at least ten days before the date of the meeting; and WHEREAS, the Anoka County Assessor has designated April 12, 2012 at 7:00 p.m. at the Andover City Hall as the date for properties within the City of Andover; and WHEREAS, the City of Andover City Council desires to designate the City of Andover Board of Appeal and Equalization; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover that the City's Board of Appeal and Equalization contains the following voting members: Mayor Mike Gamache Councilmember Sheri Bukkila Councilmember Tony Howard Councilmember Mike Knight Councilmember Julie Trude City Administrator /City Clerk Jim Dickinson Adopted by the Andover City Council on the 6th day of March 2012. CITY OF ANDOVER ATTEST: Michael R. Gamache - Mayor Michelle Hartner — Deputy City Clerk March 5, 2012 Public Works Department City of Andover 1685 Crosstown Boulevard NW Andover, MN 55304 RECEIVED MAR - 6 2012 CITY OF ANDOVER Dear David Berkowitz, Director of Public Works /City Engineer, This letter is in reference to South Coon Creek Drive NW Reconstruction City Project #11 -10 We would like to present the following observations and recommendations to modify the current proposed assessments. The proposed assessment of $7,830 for rural lots and $2,770 for urban lots puts a heavy burden on the residents that are assessed as rural lots. We don't agree with the rural lot assessment for several reasons listed below and think it should be reduced and spread out to more users of the road. 1. Transportation — many homeowners need and use the road • Basic premise — everyone who must use South Coon Creek Drive, to leave and enter their property, should share equally in the cost of improvement, since it benefits all these properties equally. Everyone uses the road and has the option of traveling east or west. • This would include properties that must use South Coon Creek Drive, whether or not the property abuts on the improvement. (i.e. Raven St. cul -de -sac) • If you take all properties on South Coon Creek Drive and properties that must use South Coon Creek Drive, you would have a total of approx. 145 properties. • If you divide the proposed assessment, $355,000, by 145, then each property would pay approximately $2,450 each. • We believe this is a fair and equal way to divide the assessment. We think the transportation benefit we receive is equal to the benefit anyone else that must use the road receives. 2. Rural vs. urban classification Residents of South Coon Creek Drive have a mixture of city and rural lots. However, we all use the road equally. It does not seem fair that those with more acreage have to pay almost 3x more that those with smaller lots. On the rural lot segment of the road, there are fewer homeowners to share the burden for the longer rural stretch of the road. We would like everyone on the road to share the cost more equitably. 3. Percentage being assessed is high for this road. We request that we not be assessed the full 25% which we were told is typical for ar urban side street. When the neighborhood has denser housing, road improvements are split between many homeowners so the overall assessment is not as high. We believe the percentage should be reduced. 4. Road is used by many others than those that live on the road. • This road is a main throughway between Crosstown and Round Lake Blvd. and is used by many city residents, not just the residents of South Coon Creek Drive. • It is considered a public emergency road providing access for police and fire. • The bike lanes would connect this road with the regional trail system, so this will benefit the entire trail system. Regional park funds or funds for the whole city should help pay for it since it is benefitting the whole city. Finally, living on a main connecting road presents more hazards so why should we pay considerably more than residents that only get benefits from this road. • Living on a main connecting road, we actually take on additional risk, such as cars driving too fast, frequent emergency vehicles speeding down the road, additional pedestrians and increased traffic. o Our home is located on the curve where many accidents have occurred over the years. If the city is working on the road, perhaps the curve should be lessened as well for safety reasons. • It is difficult to see the traffic when we are backing out of our driveway due to the curve and the speed some vehicles choose to travel on the road. • We are not permitted to park on the road which is inconvenient when having family or friends over for a gathering. • When we had small children, we did not let them bike in the driveway or down the road for safety reasons. In summary: We don't believe that the benefit we receive from the road improvement is almost three times as much as others living on this road, in fact we feel we have less benefit because it can be a busy road, so it doesn't make sense to charge us almost three times as much as other homeowners. The charge should be split equally among those that have to use the road. We would like to see the percentage (25 %) reduced, due to the unique features and the public usage of this road. We appreciate your time and consideration regarding these issues. Sincerely, Sue Doll and Robert Anderson 2424 South Coon Creek Drive NW Andover, MN 55304 cc: Mayor and City Council Jim Dickinson, City Administrator Jason Law, Assistant City Engineer February 29, 2012 1969 -29t" Ave. NW New Brighton, MN 55112 City of Andover 1685 Crosstown Blvd. NW Andover, MN 55304 RECEIVED MAR - 5 2012 CITY OF ANDOVER RE: City Project 11 -10 Reconstruction of South Coon Creek Drive NW (Municipal State Aid 198) Honorable Mayor& Council Members: The undersign Dionicio R. Borja property owner and tax payer of the two rural lots abutting the above reference project would like to appeal that I do not agree to the scheduled project priorities and the assessment policy aspect due to the following reasons: 1. The City should consider installation of two traffic signals rather than street reconstruction, and widening to accommodate bicycle trails and pedestrians. 2. The City's lack of cooperative agreement with the State (Municipal State Aid Office of the District Engineer) for sharing the cost of making the improvements prior to the public hearing. 3. Should the Council order this project, the City will completely lost all the accumulated Municipal State Aid (MSA) reconstruction needs fund of the entire South Coon Creek Drive NW from fiscal year 1986 to date. The bicycle trails or sidewalk and street lighting may not be funded by MSA as a miscellaneous part of this project unless otherwise the City and its staff have included in the annual report needs to the State. What are the needed Considerations? (A) Consider the priority to install 2 (two) traffic signals at its intersections with CSAH 9 (Round Lake Blvd.) and CSAH 18 (Crosstown Blvd.) rather than the bicycle trails along and inside the roadway. This improvement is essential to the safety of the traveling public especially to the pedestrians and the whole neighborhood to get in and get off to busy County Roads 9 & 18. (B) The City Council and the City Staff shall give serious consideration of using MSA reconstruction fund and exempting abutting property owners /tax payers from Minnesota Statues Sec. 429. Reason being the vast majority of the abutting properties are rural lots. This was done to some MSA projects of Cities like: St Louis Park, Edina, & Golden Valley with valid and legal reasons. Page 2 (C) The present property assessment methodology used to rural lots pays higher property tax than urban lots property tax. It appears then that the City is doing the same methodology in establishing the special assessment to this project. My point that I would like to share for your consideration before ordering this project are as follows: a) The rural lots and its resident /owner have equal rights to use the street with that of the urban lots and its resident /owner. b) The rural lots owner /resident pays higher property tax and provided more right -of- way than the owner /resident of urban lots. c) Since the two methodologies of property tax and special assessment are identical, and yet vast majority of the front footage of rural lots is 72% as compared to the front footage of urban lots which is (28 %). The City's policy of assessing larger amount to rural lots owner /resident will be penalize of paying larger assessment when in fact there is no potential to develop because 60% to 75% of their back yard is in the 100 year flood zone where the surface run -off water from urban lots were drained to, and they are getting the hidden benefits. All this are considered unfair and prejudice practices. CONCLUSION 1 ask the City Mayor and Council members to consider my appeal to give priority to order the two traffic signals study and direct the City staff to obtain an approval and financial participation from the county and the State. Delay and table part of City Project 11 -10 (street reconstruction) and direct City staff to obtain an approval from the District Engineer and request a complete reconstruction of South Coon Creek Drive (Municipal State Aid 198) to relive the City's reconstruction expenses. Change the methodology assessment policy of this project and assess the abutting property owners equally. The bicycle trail should be built along the creek which is a lot safer rather than along South Coon Creek Drive.