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Home My WebLink AboutCC April 18, 2006 \ , J 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (763) 755-5100 FAX (763) 755-8923 . WWW.C1.ANDOVER.MN.US Regular City Council Meeting - Tuesday, April 18, 2006 Call to Order-7:00 p.m. Pledge of Allegiance Resident Forum Agenda Approval I. Approval of Minutes (3/28/06 Workshop; 4/4/06 Regular) Consent Items 2. Approve Payment of Claims - Finance 3. Approve Plans & Specs/Order Advertisement for Bids//05-15/Andover Station North Ball Field Improvements - Engineering 4. Approve Change Order #2/03-IA/Prairie Knoll Park Lighting - Engineering 5. Approve Lease AgreemenUSkate Park Equipment - Engineering 6. Receive 2005 ACD Annual Water Quality & Quantity Condition Report - Engineering 7. Accept Trail EasemenUI5I Regents Bank - Engineering 8. Approve Resolution Authorizing County Use of EasemenU04-23/Reconstruction of Hanson Blvd. NW & Bunker Lk. Blvd. NW - Engineering 9. Approve Final PlaUKensington Estates 7th Addition - Planning 10. Approve Renewal of 3.2% Malt Liquor On-Sale License !Woodland Creek Golf Course - Clerk II. Amend Fee Ordinance No. 318 - Finance/Public Works , \~~i Discussion Items 12. Receive Anoka County Sheriff's Department Monthly Report - Sheriff 13. Award Bond Sales - Ehlers & Associates - Administration 14. Consider Various Code Revisions (Continued) - Planning 15. Consider Code AmendmenURevisions to the Sign Code 12-13-8/Updating the Code (Cont.) - Planning Staff Items 16. Schedule EDA Meeting - Administration 17. Schedule May Workshop - Administration 18. Administrator's Report - Administration Mayor/Council Input Adjournment \ ,~ \ ,. 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 Administrato FROM: Vicki Volk, City Clerk SUBJECT: Approval of Minutes DATE: April 18, 2006 INTRODUCTION The following minutes were provided by TimeSaver Secretarial Service for approval by the City Council: March 28, 2006 Workshop April 4, 2006 Regular Meeting DISCUSSION Copies of the minutes are attached for your review. ACTION REOUIRED The City Council is requested to approve the above minutes. Respectfully submitted, r.LL" U~ Vicki V olk City Clerk I \.._~' CD .~ ANDOVER CITY COUNCIL WORKSHOP - MARCH 28,2006 MINUTES The March Workshop Meeting of the Andover City Council was called to order by Mayor Mike Gamache, March 28, 2006, 6:01 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota. Councilmembers present: Councilmember absent: Also present: Don Jacobson, Mike Knight, Ken Orttel, Julie Trude None City Administrator, Jim Dickinson Community Development Director, Will Neumeister Others COMMUNITY CENTER UPDATE U City Administrator Dickinson stated the Community Center in its entirety is now in its fIrst full year (2006) of operation and Staff and the Community Center Advisory Commission thought it would be prudent to provide an update to the City Council relative to current year operations, recap 2005, and answer questions the Council may have. Mr. Dickinson and Erick Sutherland, Recreational Facility Manager, presented a report updating the Council on General Ledger Expense vs. Budget, National Night Out and 1st Year Anniversary Party Memo, April 2006 Open Skate and Open Gym Schedule, Debt Service Analysis and the Community Center Marketing Brochure. Mr. Sutherland stated the ice rink is doing great. They are $8,000.00 over gross revenue from last year at this time for the summer. Councilmember Jacobson wondered what will happen to the Ice arena when Blaine expands their sheets to four. Mr. Sutherland stated it will not be a problem for nine months out of the year because ice time is scarce for the surrounding communities. Mr. Sutherland stated they will be closing down the ice mid-May to the beginning of June for maintenance. o Mr. Sutherland indicated the fIeld house has been doing great since November 2005. The Field House projected revenue for 2006 is expected to be $80,000. Mr. Sutherland stated they have organized a Basketball League and have been asked if they could get a Volleyball League started. He did not think there was time during the main Volleyball season to have a league and summer may not be ideal either because there are not a lot of ~ '\ ,~ ,--) ~ Regular Andover City Council Workshop Meeting Minutes - March 28, 2006 Page 2 Volleyball Leagues. Councilmember Trude did not think having a Volleyball league in the summer would be a bad idea because it would allow parents to participate when they are not so busy with their children's activities and school. Councilmember Knight stated they are in need of activities at the Community Center commons for kids after school. He thought they could have board games or game tables for them. He thought this was better than having kids wandering and getting into trouble. He thought the City needs to buy some supplies that could be used for the kids. Mayor Gamache wondered if they had anything budgeted for this. Mr. Dickinson stated the first year they did not budget for it. He stated they are not breaking even yet in the budget. The toughest issue was the debt service number because the Capital Campaign was so low. Councilmember Ortte! asked why in 2008 the YMCA lease revenue is so low. Mr. Dickinson stated this is not for the entire year in 2008; the first full year is 2009. Mr. Sutherland stated because the utilities costs estimated were less than actual, they are projecting a loss for 2006. Councilmember Trude stated the YMCA, is supposed to have events non members can go to such as the Easter egg event, but she did not think this was well advertised and unless you are a member of the YMCA, you may not have heard about it. She wondered if they could get some notification out of these events. Mr. Sutherland stated they are having different activities throughout the year. Mayor Gamache thought they should include these in the newsletter. Councilmember Ortte! wondered if the YMCA can be on the cable channel. Mayor Gamache stated they do a monthly update on cable. Councilmember Trude stated there is such a demand for meeting rooms and there will not be enough with the two rooms at the Community Center and she wondered if they should go to the School District to see if they could get some of their rooms included in what they already donate to the District. She thought the City should be able to get five rooms for free. Monday, Tuesday & Thursday are nights that are needed. Councilmember Trude wondered if the Council would be behind her in trying to get meeting rooms at the school. Councilmember Knight wondered if the money would be going for meeting rooms at the school, what is the money normally used for. Mr. Dickinson stated the money is used for summer programs and other miscellaneous programs at the school. Mayor Gamache thought the associations would be able to pay for meeting rooms but he was not sure about the scouts. Councilmember Trude did not think they would have to pay more money; they could allocate the city donation to different areas. Councilmember Knight wondered if the Council wants the City to provide equipment for after '\ '--_/ Regular Andover City Council Workshop Meeting Minutes - March 28, 2006 Page 3 school activities at the Community Center. Mayor Gamache thought they could go to the Lions and see if they want to help in donating items also. Mr. Sutherland stated last year they rented two of the gyms to the High School from 2:00-5:00 and he would hate to lose that program. Because of the way the after school program has gone through the roof, they only have one court available. The spring adaptive group has grown so large that they need another gym. He thought they should have the adaptive group go back to the High School and use their gyms, which would allow them to continue with the activities for the younger youth in the City. Councilmember Jacobson did not think there would be any problem with the City and Lions putting some money in for games at the Community Center. Councilmember Trude thought they need to have the youth at the Community Center and wondered what would happen to the concession revenue if they did not have the kids there. \ '-J Councilmember Knight wondered how much the community is willing to pay to keep the program going for the kids. He asked if Mr. Sutherland has talked to other cities regarding what they are doing. Mr. Sutherland stated they have and are waiting for some feedback regarding that. Mr. Sutherland thought the adaptive softball group could move back to the high school in the spring. Mayor Gamache liked that idea so they would be able to keep the other two groups at the center. The Council discussed the Fun Fest and the Community Center. Mr. Sutherland noted the YMCA membership is at 3,100 members. The counts for the YMCA in January were 55,306 people that went through the turnstile; February had 55,509 that went through the turnstile, and March they were 159% over their goal for new memberships. ALTERNATIVE ENERGY ANALYSIS The City Council has requested that staff follow up on a report that was presented in September of 2002 that outlined the pros and cons of the use of a wind turbine for the generation of electricity. Staff was asked to determine if a wind or solar electrical generating system could be used to offset costs at the Community Center. \ Councilmember Knight stated the only thing he would be interested in is to what degree solar energy V would benefit the Community Center. Mr. Dickinson stated they would keep an eye on things and update the Council periodically on what is happening. C) Regular Andover City Council Workshop Meeting Minutes - March 28, 2006 Page 4 COMMUNITY SURVEY DISCUSSIONIDECISION RESOURCES City Administrator Dickinson stated an Andover Council 2005-2006 goal is to conduct a citizen survey. At the February 28,2006 Workshop the Council met with Peter Leatherman from Decision Resources, taking the fIrst action step of determining the extent of the survey. Mr. Leatherman, Decision Resources, discussed the draft of the survey questions with the Council. Councilmember Jacobson stated they did a survey around four years ago and he wondered if there were any questions that were the same to cross reference. Mr. Leatherman stated there were only a few because the last survey was geared toward Park and Recreation. Councilmember Trude stated she wants to have an identifIer on where people live. Mr. Leatherman stated he would track this later in the survey. He stated he could follow with a question regarding what school their kids would go to. ~J Councilmember Jacobson did not understand question fIve. Mr. Leatherman stated this question is to see how connected a resident feels to a community. Councilmember Jacobson stated they need to be very careful about the wording in the questions. Councilmember Trude thought they could use "community spirit" instead. Councilmember Jacobson stated he would not use question six in the survey. Mr. Leatherman stated what they are trying to do is to ground it with an amount so it is considered affordable housing and not low income. Councilmember Trude thought they should cross out question 21 because they do not do this for the community. Mr. Dickinson stated they need to take out question 25 because they do not have this in the City. The Council thought the survey should show County Roads: Round Lake, Bunker Lake Boulevard, Andover Boulevard, and Crosstown Boulevard to be excluded from maintenance. Councilmember Trude wondered if they need questions 31 or 32. Mayor Gamache thought this may be helpful if residents want to add more services. Councilmember Jacobson thought they should fInd out if the residents would be willing to pay more money for more services and what type of services. Mr. Dickinson stated they could ask a question on how much a resident would be willing to contribute to the maintenance or upgrade on their street. Maybe the question could be worded as a percentage. o Councilmember Jacobson thought question 37 was a bad one because people do not know the percentages; they look at the bottom line and not at what percentage the City is getting. Mr. Leatherman stated this is a very important question. Councilmember Trude thought it might be helpful to add a question asking how much money should be going to the City. ~J Regular Andover City Council Workshop Meeting Minutes - March 28, 2006 Page 5 Councilmember Trude wondered ifthere is a way to get at a policing question that is more general. Councilmember Jacobson thought they could just ask if the resident has a public safety concern in Andover instead of going into detail for questions 38 and 39. Councilmember Jacobson thought question 40 should be "Do you think the Anoka County Sheriff is doing a good job in Andover? If not, what could be improved"? Councilmember Orttel thought question 40 is a good one because it has specific issues listed. Councilmember Jacobson thought if you got the residents' opinions, they would get more issues instead of just the ones listed. Mr. Leatherman stated he could have the residents answer questions 38 & 39 with their own concerns. Councilmember Trude stated question 43 should be regarding a railroad overpass and not a pedestrian overpass. Councilmember Trude wants more questions on transportation and less on police. / \ '-J Mr. Dickinson stated questions 47 & 48 basically tell them what roads the residents use to get to work. Councilmember Jacobson stated in most cases, they need to be general in their questions. Councilmember Jacobson thought they should combine questions 55 & 56. Councilmember Trude stated they need to reword question 54 to "lawn establishment and maintenance". Add "fence and boulevard maintenance and storage buildings". Councilmember Orttel thought they should keep questions 55 & 56 separate because they have not heard many complaints about boat storage. Councilmember Jacobson stated he thought question 57 should read, "would you support or oppose the purchase of open land for permanent preservation". Mr. Dickinson stated this question should not include "park" in the referendum. Councilmember Jacobson thought on question 58, they should change it from monthly to yearly. Councilmember Trude noted they publish a "bi-monthly" newsletter called: "Andover Today". Councilmember Trude stated on question 64, they need to have "City Council, Planning Commission and Park and Recreation Commission" and the Cable channel is "16". Councilmember Jacobson stated in question 68, they are offering wireless internet, not high-speed. Mr. Scott Allen stated it is wireless high-speed internet. Councilmember Knight stated he is curious '\ what the response will be. '--.../ Mr. Allen stated the following questions should be included in the survey: 1. Should the City pursue providing high speed wireless internet service for residents of <J ~J o Regular Andover City Council Workshop Meeting Minutes - March 28, 2006 Page 6 Andover 2. What would you be willing to pay for this service if available 3. Would $30/month be too much for high speed internet access 4. Are you currently using high speed internet at your home and with whom. Mayor Gamache thought they should use $30 as a baseline. Mr. Leatherman stated he would only ask the residents what they would be willing to pay if they indicated they would be interested in SIgnmg up. Councilmember Trude stated one change on question 73 should be "Adults between 18 & 65." Councilmember Jacobson wondered when the survey would be done. Mr. Leatherman stated he could get a draft back to Mr. Dickinson next week. He indicated it would be the middle to end of April to conduct the field work. Councilmember Trude wondered if they could put the Community Center under City Services to see what people think about it. WI-FI UPDATE City Administrator Dickinson explained a 2005-2006 Council goal is to explore wireless internet services for City of Andover residents; it is also a potential survey question for the community survey that is planned for this spring. Mr. Scott Allen, IT Coordinator, updated the Council on staff's activities exploring wireless internet servIce. Councilmember Jacobson wondered if they have looked at a signal through a satellite carrier. Mr. Allen stated they have to a certain extent. Councilmember Jacobson stated his problem with doing this is that there are newer things coming in and WI FI may become obsolete. Councilmember Jacobson stated if they install the fiber now, how would they recoup costs. Mr. Dickinson stated they could recoup it through fees and they could bond for it now. Councilmember Trude wondered how much Andover would spend to do the loop at the same time the School District puts in their fiber optics. Mr. Dickinson stated it would be around $170,000. Councilmember Jacobson wondered why the City would not go in with the School District on their fiber cable. Mr. Dickinson stated they do not want to be dependent on the School District for the fiber cable and the School District indicated they would not want that done. " '\ \.J Regular Andover City Council Workshop Meeting Minutes - March 28, 2006 Page 7 Mr. Dickinson wondered if the Council thought this is too premature. Councilmember Orttel thought it is. Mr. Allen stated if they do not install the fiber now with the School District, the cost will be significantly more in the future. Councilmember Knight stated they would have to have subscribers lined up otherwise they would not be able to do this. The Council recessed at 8:40 p.m. The Council reconvened at 8:45 p.m. CODE REVISIONS Mr. Neumeister explained to meet a goal of the City Council an item concerning buffering or rural neighborhoods from new urban residential neighborhoods has been added. (J Revision 84 - Buffering Urban Neighborhoods from Rural Neighborhoods Mr. Neumeister indicated the language above the photo on page three is the language the Council may want to consider adding to the ordinance but the word rural in the third line toward the end should read "urban". He noted they are trying to get the urban area to buffer the adjacent undeveloped rural type area Councilmember Jacobson wondered if after buffering an area, rural wants to become urban, would this be a problem. Mr. Neumeister stated they would need to determine if the area is going to be temporary rural or permanent rural. Mayor Gamache thought they should go by the ultimate MUSA line for buffering. He thought this was the best way to do it because they would not be buffering areas that would change in the future. Councilmember Trude thought a wetland was enough of a buffer in some places. Councilmember Orttel thought it should be kept fairly open because each development should do like a PUD for buffering. Mr. Neumeister stated they are going to ask the buffering be a combination of a no disturbance or require planting trees to fill gaps in existing vegetation and will based on a case by case basis. o Councilmember Jacobson thought in the preliminary plat stage they will indicate if a buffer is needed and what type of buffer. Mr. Neumeister stated where urban is adjacent to a more rural area they have the right to ask for buffering. Revision 32 - ShoP1Jing Center Location and Completion Requirements , , \.J Regular Andover City Council Workshop Meeting Minutes - March 28, 2006 Page 8 Councilmember Jacobson asked how many shopping center districts are left in the City. Mr. Neumeister indicated on the map what they have left in the City. Mr. Dickinson indicated that this would also assist shopping center's that may require redevelopment. Councilmember Trude thought the biggest thing is if it is not in the Code book, they cannot enforce this. Mr. Neumeister explained Chapter 12 covers everything that will be deleted. Councilmember Trude stated they need to look at screening of shopping areas to residential along with parking buffering. Mr. Neumeister stated they would come back with changes that will have buffering that gives them the combination and the flexibility so when they see a request that comes before them as a preliminary plat, they will ask that the buffering be brought forward as an element when they see a need for buffering. Revision 52 - Animals ,) Councilmember Orttel wondered why this came up for revisions. He indicated he never had a complaint with rural farm land. Councilmember Orttel wondered if they could grandfather in all of the current farms and any future farms would need to follow this revision. Mr. Neumeister thought they could do this. Councilmember Jacobson stated they need to be careful when residential moves in by farms; there will be complaints. Councilmember Knight thought they need to reword the revision regarding chickens and poultry to have them indicated in the code as a "unit" instead of "each" because there is a significant difference between a chicken and a cow. Council thought they need to add another column to exempt operating farms that have livestock, Green Acre operations or an existing operating farm and to change chickens to animal units. Revision 68 - Guesthouses Mr. Neumeister stated the only changes to this ordinance is that in order to be a guest house they could not be used as a rental unit and could not have kitchen facilities. The Council was fine with this. , '1 Revision 81 - Encroachments - Front and Rear Yard Setbacks '-.J Mr. Neumeister stated the wording in the staff report should read "Front setback line" instead of front property line. , '\ V Regular Andover City Council Workshop Meeting Minutes - March 28, 2006 Page 9 Mayor Gamache wondered what the difference would be between the front porch and an addition onto the back of the home, Councilmember Trude thought a porch may look terrible in a neighborhood if it did not fit in with the surrounding homes and did not look like a part of the home, Mayor Gamache thought it would be ok to put on a front porch but they would need a way to control it. Councilmember Jacobson thought a porch may devalue the neighborhood if they allow this. Mr. Dickinson stated they could drop this and just go by a variance process. Councilmember Trude did not think this is a variance issue; it is a code issue. Do they want to allow front porches or not? They need to get some City approved plans for people who want to upgrade their homes in the City, like other cities. They could get a variance if they followed an approved City plan for a front porch. The Council thought they should get rid of any ideas for porches on the front and just look at the rear. The homeowner could still apply for a variance, which would need a hardship in order to get a porch. Revision 82 - Dirt Bikes ') '---) Councilmember Jacobson suggested they prohibit A TV and dirt bikes in R-2 through R-4 Districts, 2.5 acres or less or in any area closer than five hundred feet to a residence. Mayor Gamache wondered if they should include the time limit of8:00 am to 8:00 pm. The Council did not have a problem with including this. Miscellaneous - Detached garages on comer lots The third suggestion is the detached garage cannot be any closer than the extended line of the principal structure, not including the garage. This would be more restrictive. Councilmember Orttel stated version three looks good. The rest of the Council agreed. Mr. Neumeister indicated they would write up some language and bring it back for review. Miscellaneous - Lighting as discussed in the encroachments section Councilmember Jacobson thought almost everyone has some type ofa security light and all of them would be violations according to the revision. Mr. Neumeister stated they should take the bold language off the front page paragraph and stop at '''1 security reasons. \.J ,~ '\ -0 \ ''-~ ~J Regular Andover City Council Workshop Meeting Minutes - March 28, 2006 Page 10 LAW ENFORCEMENT ANALYSIS Mr. Dickinson indicated this is informational, and if individual council members have questions to contact him. In the near future, he will provide the council with a [mal report outlining the costs a city would incur with its own police department. OTHER BUSINESS Grace Lutheran Portable Classrooms Mr. Dickinson stated Grace Lutheran indicated they need additional room for Sunday school classes and they would like to have two portable classrooms. Staff thought the best place for these would be alongside the parking lot. Councilmember Trude thought they would fit by the preschool. The Council would not mind if the portables were along the south or east area but they would not want them along Bunker Lake Boulevard. Motion by Jacobson, Seconded by Orttel, to adjourn. Motion carried unanimously. The meeting adjourned at 10:25 p.m. Respectfully submitted, Susan Osbeck, Recording Secretary .- \ ,~ " '-~ , , , o Regular Andover City Council Meeting Minutes - April 4, 2006 Page 17 REGULAR ANDOVER CITY COUNCIL MEETING MINUTES - APRIL 4, 2006 TABLE OF CONTENTS PLEDGE OF ALLEGIENCE..................................................................................................... 1 RESIDENT FORUM ................................................................................................................. 1 AGENDA APPROV AL.............................................................................................................2 APPROVAL OF MINUTES......................................................................................................3 CONSENT ITEMS Approve Pa)'IIlent of Claims ....................... ............. .................................................. ....... ... 2 Resolution R043-06 awarding Bid/06-3/2006 Crack Sealing.............................................. 2 Resolution R044-06 approving Final Plat/Cardinal Ridge/158th & Nightingale Street....... 2 Approve Amendment #1 to Joint Powers Agreement for North Metro Highway 10 Corridor Coalition............................................................................ 3 Resolution R045-06 establishing an Absentee Ballot Board............................................... 3 Approve Quotes/05-56/Northwoods East Park/Fencing & Mow Strips.............................. 3 Approve Tobacco License/Andover Quick Stop/15825 _7th Avenue................................. 3 CALL FOR SALE OF BONDS - EHLERS AND ASSOCIATES Motion to Approve (RES. R046-06 & R047-06)................................................................. 3 HOLD PUBLIC HEARING/ORDER PLANS & SPECS/WOODLAND CROSSINGS (05-32), SHAW'S GLEN (05-24), CARDINAL RIDGE (05-20) & ANDOVER STATION BALL FIELD IMPROVEMENTS (05-15) Motion to approve (RES. R048-06)..................................................................................... 3 HOLD PUBLIC HEARING/ORDER PLANS & SPECS/05-11fTULIP STREET NW Motion to approve (RES. R049-06).....................................................................................5 CONSIDER V ARlANCE/P ARKING SETBACK/3480 BUNKER LAKE BOULEVARD NW Motion to approve (RES. R050-06).....................................................................................8 CONSIDER VARlANCE/SETBACKREQUIREMENTS/5159159TH AVENUENW Motion to approve (RES. R051-06).....................................................................................9 CONSIDER CODE AMENDMENT/ALLOWING NEW AND USED VEHICLE SALES AS CUP IN INDUSTRIAL ZONE/ADDING LICENSING REQUIREMENTS Motion to approve (ORD. NO. 324 & ORD. NO. 325)....................................................... 10 CONSIDER CODE AMENDMENT/REVISIONS TO THE SIGN CODE 12-13-8/ UPDATING THE CODE Motion to send back to staff.................................................................................................. 11 CONSIDER COON CREEK WATERSHED DISTRICT APPOINTMENT............................ 13 APPROVE FINAL PLAT/STACK'S WOODS/165TH AVENUE AND 7TH AVENUE Motion to approve (RES. R052-06)..................................................................................... 13 APPROVE ATM PLACEMENT AGREEMENT/COMMUNITY CENTER Motion to approve ....... .................... ................................. .... ........... ............................ .......... 15 SCHEDULE EDA MEETING ........................ .................. .................................... ......... ............ 15 ADMINISTRATORS REPORT ................................................................................................ 15 , '\ \J "- J '-~ ( \ \......-) Regular Andover City Council Meeting Minutes - April 4, 2006 Page 18 Regular Andover City Council Meeting Minutes - April 4, 2006 Table of Contents Page ii MAYOR/COUNCIL INPUT Screening Ordinance ........ ....... .............. ......... ..... ......................... ......................................... 16 Grace Lutheran Church Portable Classrooms ....................................................................... 16 League of Minnesota Cities Meeting .................................................................................... 16 ADJOURNMENT...................................................................................................................... 16 .,' '\ \. ) DRAFT REGULAR ANDOVER CITY COUNCIL MEETING - APRIL 4, 2006 MINUTES The Regular Bi-Monthly Meeting of the Andover City Council was called to order by Mayor Mike Gamache, April 4, 2006, 7:00 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota. Councilmembers present: Councilmember absent: Also present: Don Jacobson, Mike Knight, Ken Ortte!, Julie Trude None City Attorney, William Hawkins City Engineer, Dave Berkowitz City Administrator, Jim Dickinson Community Development Director, Will Neumeister Others '" '-__) PLEDGE OF ALLEGIANCE RESIDENT FORUM Mr. Bill Sikora.. 17800 Universitv Avenue N.W. - stated he would like to poll the Council on the idea of waiving a park dedication fee for a property split. His family owns two houses on the same piece of property. He stated the circumstances were not created by them; they were created by City incorporations. He felt a park dedication fee would be detrimental to the effort of dividing the houses to make them meet City Code. Mr. Sikora stated he would create one new lot around the existing new house. He indicated this would be an administrative lot spit. Mayor Gamache asked how much more land Mr. Sikora has. Mr. Sikora indicated his family owns 160 acres. Councilmember Trude wondered if Mr. Sikora is doing the split to sell the home. Mr. Sikora stated he is not. Councilmember Jacobson did not think there was anything in the ordinances that indicated they r \ could forgo those fees on a lot split for him. City Attorney Hawkins stated if they waive the fee, they \......J would be setting a precedent. Councilmember Trude wondered if this was a situation where it really is not a variance, he is asking for the fee not to be applied because there is no new home being constructed. City Attorney '. Regular Andover City Council Meeting Minutes - April 4, 2006 Page 2 , I Hawkins stated he did not realize there were already two houses on the one parcel. He thought under the circumstances, he did not believe the park dedication fee would apply. The Council thought staff should discuss this with Mr. Sikora and the City Attorney and have the split done administratively. AGENDA APPROVAL Remove from the Agenda Item 6, (Approve Updating Employee Personnel Policies). Remove from Consent Items for discussion Items 5, (Approve Final Plat/Stack's Woods/165th Avenue & 7th Avenue); and Item 10, (Approve ATM Placement Agreement/Community Center). Motion by Trude, Seconded by Orttel, to approve the Agenda as amended above. Motion carried unanimously. -, \ .~" APPROVAL OF MINUTES March 21,2006, Regular Meeting: Correct as amended. March 16,2006, Council/Public Works Workshop Meeting: Correct as written. Councilmember Trude stated on page five in the motion, she asked Councilmember Jacobson if the motion he made was worded correctly. Councilmember Jacobson indicated it was. Councilmember Trude stated on page 7, second paragraph from the bottom, she was talking about park safety; the last sentence would be more properly worded as "she noted parents are more concerned about visibility of parks as a safety issue than they used to be." Page 9, paragraph 7, on the transportation hazardous issues bill, she was talking about a bill Representative Kathy Tinglestad introduced. It is on "Student Transportation in Hazardous Areas". Motion by Trude, Seconded by Knight, approval of Minutes as indicated above. Motion carried 4 ayes, 1 present (Orttel). Motion by Trude, Seconded by Knight, approval of Minutes as indicated above. Motion carried 4 ayes, 1 present (Jacobson). CONSENT ITEMS '--- ...) Item 2 Item 3 Item 4 Approval of Claims Award Bid/06-3/2006 Crack Sealing (See Resolution R043-06) Approve Final Plat/Cardinal Ridge/158th & Nightingale Street (See Resolution R044- 06) , '\ Regular Andover City Council Meeting Minutes - April 4, 2006 Page 3 Item 8 Item 9 Item 11 Approve Amendment #1 to Joint Powers Agreement for North Metro Highway 10 Corridor Coalition Establish an absentee Ballot Board (See Resolution R045-06) Approve Quotes/05-56/Northwoods East ParklFencing & Mow Strips Approve Tobacco License/Andover Quick Stop/15825 _7th Avenue Item 7 Motion by Jacobson, Seconded by Knight, approval of the Consent Agenda as read. Motion carried unanimously. CALL FOR SALE OF BONDS - EHLERS AND ASSOCIATES City Administrator Dickinson indicated as part of the 2006-2010 Capital Improvement Plan (CIP) the City contemplated the issuance of bonds for various public improvements and equipment purchases. This item initiates that process. Mr. Todd Hagen reviewed the presale reports with the Council. \ "'-_--"'" Councilmember Trude wondered how the A-plus rating compares to other cities around them. Mr. Dickinson stated they do compare very well to the other communities. Motion by Jacobson, Seconded by Knight, to approve the Resolution providing for the Sale of $2,450,000 General Obligation Permanent Improvement Revolving Fund Bonds, Series 2006A. Motion carried unanimously. (RES. R046-06) Motion by Jacobson, Seconded by Knight, to approve the Resolution providing for the Sale of $460,000 General Obligation Equipment Certificates Series 2006B. Motion carried unanimously. (RES. R047-06) HOLD PUBLIC HEARING/ORDER PLANS & SPECS/WOODLAND CROSSINGS (05-32), SHAW'S GLEN (05-24), CARDINAL RIDGE (05-20) & ANDOVER STATION BALL FIELD IMPROVEMENTS (05-15) City Engineer Berkowitz explained the City Council is requested to hold a public hearing for Woodland Crossings (05-32), Shaw's Glen (05-24), Cardinal Ridge (05-20) & Andover Station North Ball Field Improvements (05-15) and to order the plans and specifications for the proposed improvements. Mr. Berkowitz discussed the staff report with the City Council. '\ \.,_ / Councilmember Trude stated she was reviewing the feasibility study and she noticed there are some retaining walls that will be constructed as part of Woodland Crossing's project across from a ponding area and she did not remember that coming up earlier. She wondered if this was going to be adjacent to a pond or wetland. Mr. Berkowitz stated there are storm water ponding areas that will o Regular Andover City Council Meeting Minutes - April 4, 2006 Page 4 require a retaining wall in order to meet the 4 to 1 maximum slope requirement. Councilmember Trude wondered if there was a mechanism in place to maintain this long term. Mr. Berkowitz stated there is. Councilmember Trude wondered if this will be a hazard for children in the neighborhood that they need to be concerned with. Mr. Berkowitz stated the wall is not that high, only about three feet in height. It was intended to prevent that exceeding the 4 to 1 slope. Motion by Jacobson, Seconded by Knight, to open the public hearing at 7:33 p.m. Motion carried unanimously. o Mr. Scott Allen, 15873 Linnet Street NW, stated he has looked over the feasibility report the City provided to him and he has no problem with it but if he is not ready to develop any of his land at this time, would it be safe to assume that once he does decide to sell a lot that the assessments for that lot would be due when the lot split application is approved by Council. Councilmember Jacobson stated a lot split can be done once every three years rather than platting. Mr. Dickinson stated if Mr. Allen has four potential additional units, ifhe split one lot, would the entire assessment come due at that time or would just one lot assessment come due. Councilmember Trude wondered what City policy is. She thought an assessment comes due when the owner starts to access the property the assessment is attached to. Mr. Berkowitz stated when platted or subdivided, which a lot split is a subdivision, it is required to payoff the deferred or pending assessments on that property. Councilmember Trude indicated interest accumulates from the date of the bond or whenever the obligation begins. Mr. Berkowitz stated that is correct. Councilmember Trude thought the assessment for the four lots would probably exceed the price he could get for one lot so the issue would be if it is economically feasible to do. Councilmember Orttel stated if it was platted, assessments would be paid only on the part that was platted, not the entire property. He wondered if this assessment is being deferred. Mr. Berkowitz indicated it is. Councilmember Knight stated if Mr. Allen paid the assessment on the one piece he is splitting, he has to pay for all the other ones also. Mr. Berkowitz indicated that is correct. Councilmember Knight stated this would be forcing the development on all of the pieces ofland. .:J Councilmember Trude stated this would force enough to cover the cost otherwise the City is holding the bag which could be indefinitely. Mr. Allen stated he is willing to pay the assessments but he would like to pay them as he did them, otherwise he would not be able to pay them all upfront. Mr. Dickinson stated once the assessment roll is adopted, the development would start making .' '\ U Regular Andover City Council Meeting Minutes - April 4, 2006 Page 5 payments on the assessment over the next five years on the individual lots. When they sell a lot to a builder, the whole assessment is paid off. Councilmember Orttel wondered if they are lumping one assessment onto Mr. Allen's lot and not on the four potential lots. Mr. Berkowitz stated that is correct. Councilmember Orttel stated if Mr. Allen has four separate lots now, when he sold one, he would only need to payoff the one assessment if deferred as opposed to the one large assessment. Councilmember Trude thought this was a public policy issue and they will see this happen more and more. She thought any decision they made regarding Mr. Allen's property, the same would apply to Mr. Putnam. Councilmember Trude asked if they could have a policy discussion at a workshop. Motion by Jacobson, Seconded by Trude, to close the public hearing at 7:42 p.m. Motion carried unanimously. u Mayor Gamache stated he did have a question regarding the Woodland Crossing feasibility report and the letter from Byron Westlund. One issue he had was in regard to the street signs. Mr. Berkowitz stated they have a policy in place that the developer can go out and have an outside contractor put up the street signs or the developer can contract with the City to put up the street signs. He stated the signs will be the city's and they need to meet the city standards. Councilmember Orttel stated Mr. Putnam has a concern with the frontage on his property and being required to mow that because the area is now considered urban. He wondered what needs to be done. He thought the City would mow the curb but he did not know how to address Mr. Putnam's concerns. Mr. Berkowitz stated he met with Mr. Putnam and they recommended that the City would mow that area along the street. He gave Mr. Putnam the ordinance and indicated that if there were complaints in the future the area would have to be mowed. Motion by Jacobson, Seconded by Orttel, to approve the resolution ordering the improvements of Woodland Crossings (05-32), Shaw's Glen (05-24), Cardinal Ridge (05-20), adjacent parcels & Andover Station North Ball Field lmprovements (OS-IS). Motion carried unanimously. (RES. R048- 06) Councilmember Trude stated she noticed none of the developers proposed an entrance monument sign to name the area and whichever developer puts the sign out, that area of the city will probably take on that name. o HOLD PUBLIC HEARING/ORDER PLANS & SPECS/05-11/TULIP STREET NW City Engineer Berkowitz stated the City Council is requested to hold a public hearing for street improvements for Project 05-11, Tulip Street NW between 161 st Avenue NW and Valley Drive NW (j '\ u o Regular Andover City Council Meeting Minutes - April 4, 2006 Page 6 , and to order the preparation of plans and specifications for the proposed improvements. Mr. Berkowitz discussed the staff report with the Council. CounciImember Jacobson indicated he has a conflict of interest with this item and would step down. CounciImember Trude wondered if there will be lIl,ly impact to Pine Hills Park this summer. Mr. Berkowitz stated they will maintain access to the park. The road will be closed during construction of the road and the residents will be accommodated for access to and from their homes during that time. Motion by Knight, Seconded by Trude, to open the public hearing at 7:54 p.m. Motion carried unanimously. Mr. Jim Olson, 16658 Wren Court, stated in looking at the project costs he noticed the proposed assessments do not equal the total costs of the project and he wondered where the rest of the money comes from to do the project. Mr. Berkowitz stated Tulip Street is a designated State Aid Route in Andover. They receive State Aid money through the gas tax. Every year they put together a Capital Improvement Plan and identify where the State Aid dollars will be spent. One of the areas identified in this year's CIP was Tulip Street. This project was brought to the Council in 1994. The corridor is a State Aid Route and important to transportation and due to the impact to the area, traffic volumes will only increase in the area They have extensive maintenance issues when it comes to gravel roads so when they get an opportunity to pave a gravel road, they do that. Mr. Olson wondered how the assessments were arrived at for the $4,800 per lot. Mr. Berkowitz stated they looked at similar projects and a reasonable assessment for the street improvement. They sat down with the residents in that area to figure out what a reasonable amount for a road improvement would be. Mr. Olson stated this is really not a reconstruction of a road, it is a new street and he wondered if when a new road is put in, it is assessed to the people who would be benefiting from it. Mr. Berkowitz stated that was correct. He explained how they came up with the assessment amount. CounciImember Trude indicated they looked at some of the overlay projects in other parts of the city and they looked at what people will be assessed for the concrete curb in front of their homes and that is where they got the $4,800 for 2.5 acre lots. The smaller rural lots in the past year have been averaging the other sum of money and the money in the project is very comparable to what the tax payers are paying for some overlays in other areas of the city. CounciImember Trude stated with the number of accidents and as the community continues to grow she thought it was embarrassing to have a major road continue to be a dirt and gravel road with all the hills and dips so the use of State Aid funds to get a North/South paved road made sense to her as a policy maker. Mr. Olson disagreed and did not see how it was fair to assess people $4,800 for curb and gutter and then assess other property owners the same for a completely new street. He did not CJ Regular Andover City Council Meeting Minutes - April 4, 2006 Page 7 think there was any logic to it. Councilmember Orttel noted State Aid Streets are meant to be thorough fare highway type streets so there is a downside to having that in front of your home. It is hard to justify assessing somebody for something that really does not improve their property. The feeling is that with installing concrete curb and gutter, there really is some improvement to the property by the street going through. He stated the concept is that this will be a main road to get people through the city. Mr. Olson stated Meadow Creek School is only being assessed for two lots and he thought that was an awful big area. The bulk of the assessment is for the intersection improvement and he did not think that was fair. Mr. Berkowitz showed the feasibility report and explained how they figured the assessment for the school. Mr. Olson wondered how the City acquired the park property next to Tulip Street. Ms. Bonnie Dehn indicated it was a tax forfeit property. ~j Ms. Bonnie Dehn, Tulip Street, stated they have a lot of traffic in the middle of the night. She noted the longer they take to improve this road, the more it will cost. She hoped this will take care of the speeds and traffic on the road. Mr. Jim Jones, 16134 Tulip Street, thought the road needs to be assessed a little more. He stated the road is a 55 mph road up to 161 st A venue and if this road is not put up to the standards that the State requires, with the curves straightened out and people still driving 55 there will be accidents because the road will not keep them on there. He thought something needs to be done. He thought there should be some street lights put on the road. Mr. Jones noted another issue is the drainage ditch. He stated it caved in when they tried to put the stop light on the comer of Round Lake Boulevard and County Road 20. Mr. Jones wondered if the speed limit will remain at 55 mph. Mr. Berkowitz indicated the Commissioner of Transportation sets the speed limits on County roads. There are mechanisms out there to deter speeding. He noted after the road is reconstructed, they will have a speed study done and he hoped the speed limit will be set at 35 mph or around that. Mr. Don Jacobson, representing Meadow Creek Christian School, stated this is going to be a school and they will be requesting school speed zones so that should help cut down on speeding on this road. Mr. Pat Hanle, 16236 Tulip Street, stated a school zone is used only about an hour and a half a day , ') and does not have a bearing on anything. '------' Ms. Lorna Erickson, 2435 1 66th Avenue NW, stated she realized a school will be there along with a park across the street and she wondered if there will be park improvements and who will pay for those assessments. Mayor Gamache thought the only improvements going in there will be a tennis '. , , / Regular Andover City Council Meeting Minutes - April 4, 2006 Page 8 court but the park would not be assessed. Ms. Erickson wondered how wide the street will be. Mr. Berkowitz stated it will be 35 feet. Ms. Erickson wondered how many kids will be walking and how many kids will be bused to the school. Mr. Berkowitz stated at this time, they do not know because it is a private school. Mr. Winslow Holasek wondered if the City will be assessed for the outlot on Tulip Street. Mr. Berkowitz stated this is considered park property and will be paid with State Aid money. Councilmember Orttel thought the outlot was taken from the County in case they needed to straighten out the road in the future. Ms. Dehn stated it was taken for road straightening and not park land. Mr. Berkowitz stated they will take a look at it to see what it is designated as. Mr. Holasek wondered if this was not City property and belonged to Meadow Creek Christian School, would they need to pay the assessment on it. Mr. Berkowitz stated the property is not buildable and would not be assessed. It is delineated as a wetland area and would be considered unbuildable. ( ) Motion by Trude, Seconded by Orttel, to close the public hearing at 8:20 p.m. Motion carried unanimously. Motion by Orttel, Seconded by Trude, to approve the resolution ordering the improvement of Project 05-11, Tulip Street NW between 161 51 Avenue NW and Valley Drive NW and authorize staff to negotiate easements and right-of-way needs with adjacent property owners. Motion carried 4 ayes, 1 present (Jacobson). (RES. R049-06) Motion by Orttel, Seconded by Trude, to authorize staff to negotiate land from Meadow Creek Christian School and the Dehn Family for acquisition of rights of way as needed. Motion carried 4 ayes, 1 present (Jacobson). CONSIDER V ARlANCE/PARKING SETBACK/3480 BUNKER LAKE BOULEVARD NW Community Development Director Neumeister explained Mr. Gerald Mazzara has applied on behalf of Joy BoeWand to vary from parking lot setback requirements on a vacant property near the intersection of Bunker Lake Boulevard and Rose Street NW. The vacant lot was recently split from the larger lot across Rose Street to the west, which contains an office building. Mr. Neumeister discussed the information with the Council. r \ '--./ Motion by Knight, Seconded by Trude, to approve the proposed variance based on the fact that Anoka County bisected the property when Bunker Lake Boulevard frontage road and Rose Street NW were constructed. As a result, the development potential of the property was reduced and the site now borders a public street on three sides of the property. The variance will allow reasonable " Regular Andover City Council Meeting Minutes - April 4, 2006 Page 9 " use of this commercial property and allow the site to provide adequate parking for the proposed building. Mr. Mazzara indicated he was at the meeting to answer questions. He showed the site plan and building elevations to the Council. Motion carried unanimously. (RES. R050-06) CONSIDER VARIANCE/SETBACK REQUlREMENTS/5159 159TH A VENUE NW Community Development Director Newneister stated this property is among those declared Hazardous Structures by the City Council. The applicant, Mr. Pete Crosby, has purchased the property and is rehabilitating the house. Mr. Newneister reviewed the staff report with the Council and showed photos. - . Councilmember Jacobson stated at the Planning and Zoning meeting a neighbor had a concern about the garage going in closer to the lot line because she has a well back there and she was wondering how she would get back in there if they need to service it. He wondered if the issue was resolved. Mr. Newneister thought the Planning Commission indicated it was her issue to deal with and would need to work with this property owner to get a right to trespass in order to maintain her well through his property because as he understood, it was almost impossible to get to the well except through this property. Mr. Pete Crosby, Champlin, stated the neighbor has already replaced her well so he did not think there would be a problem. Motion by Orttel, Seconded by Knight, to approve the request for the variance. Councilmember Jacobson asked the Council to consider a fifth point. He stated in the letter from the DNR, they suggested there be some plantings on the back side to improve screening of the site. The Council discussed possible screening on the property with the applicant. Councilmember Jacobson suggested the wording stated "Plantings on the river side per City Forester and State DNR request". Councilmember Orttel thought the wording was open ended. Councilmember Trude suggested "The City Forester will review the site and make recommendations for some screening from the river". '-_/ Councilmember Orttel suggested "The Forester will make a recommendation for increased screening along the river". , '1 \...J Regular Andover City Council Meeting Minutes - April 4, 2006 Page 10 Motion carried unanimously. (RES. R051-06) CONSIDER CODE AMENDMENT/ALLOWING NEW AND USED VEHICLESALESAS CUP IN INDUSTRIAL ZONE/ADDING LICENSING REQUIREMENTS Community Development Director Neumeister stated the Council is asked to review the proposed ordinance amendment that was previously discussed at the February 7, 2006 Council meeting. Mr. Neumeister discussed the information with the City Council Councilmember Trude stated on the fust page of the ordinance, item "c" inventory, is referring to the weight and the word "rating" was dropped and should be added. She also noted on item "h" there is a word that is wrong and should read "the estimated value of improvements to the licensed property shall exceed the estimated land market value of the license property", which fits the staff report. Councilmember Trude thought the Planning Commission did a wonderful job with this ordinance. \.J Councilmember Knight wondered if the proposed sign code will have any effect on this and would trailer signs be allowed on this piece. Mr. Neumeister stated the temporary signs are allowed on every site in town. The sign code would allow for temporary signage up to thirty days per year. Councilmember Jacobson stated used vehicle sales would be permitted under a conditional use if this is passed in two areas of the City. One would be Hughs Industrial Park and the other would be down in the area of Bunker and Hanson. Mr. Dickinson stated it would also include Westview Industrial Park. Councilmember Jacobson stated right now they can have new car sales allowed in GB but it is conditional and allowed in industrial areas. Mr. Neumeister stated new car sales are allowed in GB and conditional for use in GB and nothing is allowed in Industrial. Councilmember Jacobson wondered if they want to authorize used car sales in Andover at all because right now anyone can sell cars on the internet and they can be parked anywhere. He stated because they have had problems with automotive businesses here in the past, he was not sure if they should have used car lots in the City. o Mayor Gamache thought with all of the work they have put in here, the building needs to be relative to the land value and someone will have to put a lot of money in to make this work for them and he did not think they would see what they had in the City in the past. He thought the owner of the auto sales business will put in a lot oftime and effort to meet what they have put into this ordinance. Councilmember Jacobson thought when they sent this to the Planning Commission they asked them to take a look at the issue and they came back with all the rules and regulations. He thought at that time the Council had not decided whether they wanted to allow it or not. Councilmember Trude u Regular Andover City Council Meeting Minutes - April 4, 2006 Page 11 thought the direction was a little different and that if they were going to consider this then they wanted to have it strict to prevent the types of concerns they had in the past. As she looked through this she thought it addressed those concerns. Mr. Joe Brabant, 16351 Gladio1a Lane NW, stated State Regulation require you to have a dealer license if you sell and register more than five vehicles in your name in a year, even on the internet. He stated he would like to see an additional item put into the regulations under item 3-8-7(c), Inventory; change the wording to "vehicles allowed to be sold and stored on-site shall be limited to title-able motor vehicles with a gross vehicle weight rating up to 12,500 lbs." He indicated this will keep out things that are not title-able such as tractors. He stated he is very happy with this. Mr. Brabant explained he would also like to see that hang tags be permitted inside vehicles only and also signs that are required by the State such as the "as is" sticker. The Council indicated they would not have a problem with that. Councilmember Trude stated maybe it should read "all signs posted shall be inside the vehicle." Mayor Gamache suggested taking out item 3-8-8(g) 1. ,/ '\ J Mr. Newneister read the proposed wording under the sign code related to this. Motion by Knight, Seconded by Trude, to approve the proposed ordinance amendment with exceptions discussed. Motion carried 4 ayes, 1 nay (Jacobson). (ORD. NO. 324) Motion by Trude, Seconded by Orttel, to amend the fee schedule to create a fee of $105 for this conditional use. Motion carried unanimously. (ORD. NO. 325) CONSIDER CODE AMENDMENT/REVISIONS TO THE SIGN CODE 12-13-8/UPDATING THE CODE Community Development Director Newneister stated as part of the ongoing project to update the Zoning Code, staffhas been working on updating the sign code. The goal of the proposed changes is to modernize the code, which has remained largely unchanged since the 1970's, to clarify unclear or contradictory sections, and to establish a more defined set of performance standards. Mr. Newneister discussed the information with the City Council. Councilmember Jacobson asked if he parked a trailer sign in a residential area and he is an institutional use, how long it could be left there. Mr. Newneister indicated it would be a temporary , \ sign for promotion purposes and could be left for a maximwn of 30 days per years. o Councilmember Jacobson asked for clarification on page 6, item "e". It talks about area identification signs including off-site signs being permitted in all districts and then down in item "e3" it says "a sign shall not be included in the total signage permit for the property on which it is ~J Regular Andover City Council Meeting Minutes - April 4, 2006 Page 12 located". Mr. Neumeister stated each site can have their own business sign. An area identification sign is much larger and does not count toward the individual sign. Councilmember Orttel believed that is correct but needs different wording. Councilmember Trude thought better wording would be "the portion of the sign that identifies the area should not be deducted from the tenant's allocation of signage". Councilmember Knight asked if billboards 'are listed and semi-trailers with signage on them. Mr. Neumeister stated billboards are prohibited and he thought semi-trailers eluded the code. Councilmember Knight thought they needed to add these to the code. Councilmember Trude wondered if they want these types of signs in Andover. Councilmember Orttel did not know how they could prohibit it. u Mr. Neumeister indicated in the main code book under Institutional Signs it states "a sign and/or leader board that identifies the name and other characteristics on an institutional use located within designated zoning districts and' allowed by this title, Institutional signs shall contain no advertisement, i.e. include churches, schools, sanitariums, hospitals, governmental buildings and nursing homes." Councilmember Orttel stated this is institutional only and not the problem. Councilmember Orttel thought they could say "mobile advertising devices are prohibited or need to have a special use." Mr. Neumeister read from the code a list of all prohibited signs. Mr. Bob Whitney, 2520 166th Avenue, stated he wanted to make sure Boy Scout trailers parking in residential are not somehow banned. Councilmember Jacobson stated he sees a lot of signs on electrical poles and fences which are supposed to be prohibited. He wondered what enforcement the City has. Mr. Neumeister stated the City does take them down if they are in the right-of-way. Mayor Gamache stated on item 12-16-4, it covers election signs. If read correctly, election signs are permitted on any private property which means election signs can be affixed to a fence on private property. Mr. Neumeister stated as long as they are on private property it is ok. Councilmember Jacobson stated there is also a timeframe. Councilmember Jacobson stated in item 12-16-4, c-l, individual signs do not exceed 3 square feet and he thought most election and real estate signs are 2x4. Mr. Neumeister stated these are within parking lot areas and do not apply. o Councilmember Trude stated she would like to see electronic billboard signs not having pulsating words because it is very distracting, especially at night. Councilmember Jacobson stated under 12-16-5, signs prohibited in all districts,"g" ~ays billboards, '\ Regular Andover City Council Meeting V Minutes - April 4, 2006 Page 13 are they outlawing all billboards within Andover. He wondered iflegally they could outlaw them in the City. He wondered if this would open them up to lawsuits. City Attorney Hawkins stated he would check on this for the Council and ifhe saw some problems, he would let them know. Motion by Knight, Seconded by Orttel, to send this item back to staff for revisions. Motion carried unanimously. CONSIDER COON CREEK WATERSHED DISTRICT APPOINTMENT City Engineer Berkowitz stated this item is in regard to recommending to the Anoka County Board of Commissioners an individual or individuals to serve as a manager on the Coon Creek Watershed District. Motion by Jacobson, Seconded by Knight, to re-submit a letter to the Anoka County Board of Commissioners recommending Deric Deuschle to be appointed to the Coon Creek Watershed District. Motion carried unanimously. / ''\ o APPROVE FINAL PLATISTACK'S WOODS/165TH A VENUE & 7TH A VENUE Mr. Berkowitz stated the City Council is asked to approve a final plat for Stacks Woods. The fmal plat is found to be in compliance with the preliminary plat and applicable ordinances. Mr. Berkowitz explained a condition of the preliminary plat required a determination at the time offmal plat of whether a trail or trail right-of-way will be required along this street. The City's Trail Plan does not show a regional trail along this collector route. If a trail is required the cost of the trail would be required to be paid by the developer in addition to the per lot trail fees that are already required. The proposed 66 foot wide right-of-way is sufficient to build a trail. No additional right-of-way is necessary. Mr. Berkowitz reviewed the information with the Council. Councilmember Trude thought a trail on the south side of 16Sth entirely within the plat area would allow the residents to do a loop walk and stay off the road because it is not connected to anything except the two residential streets. She thought that would be something to benefit the homeowners in the plat and not the regional trail system. " ) '-" Councilmember Orttel thought they only took the right-of-way for a trail and indicated they would build a trail later when they extend the regional trail system. The Council discussed with staff what was previously discussed regarding the trails in the plat and connecting them. .;' " o Regular Andover City Council Meeting Minutes - April 4, 2006 Page 14 Motion by Trude, Seconded by Knight, to approve the attached resolution approving the fmal plat with conditions adding number 8, the developer shall construct a trail along the south side of 165th Avenue within the plat along lot 1 and lot 6, Yakima Street and Ventre Street, to create a recreational trail loop if feasible after working with the City Engineer. Councilmember Trude also wanted to add item 9, Ordinance 12-13-5 requiring screening along 165th Avenue shall also be met with planting approved by the City Forester. Councilmember Orttel believed their contract with the developer was at the Preliminary Plat stage and they could not change things now. Councilmember Trude indicated this is in reference to the code and they reserved the trail issue. City Attorney Hawkins stated he was concerned with adding additional requirements. He did not think they could be doing this. Councilmember Trude stated she would not add item 9 but wanted to include item 8 in the motion. Councilmember Orttel thought those lots were at the minimum and wondered what they would do about that. Mr. Berkowitz stated they would have to look at the design to see if the trail could be placed with the right-of-way but the intent would be to construct the trail within the 33 foot right-of-way. , '\ . ) \---- Councilmember Orttel thought it would be better to have a trail that went north and south where it could connect in the future. That way they could get some use out of it. He did not think the loop was that important compared to the future of having a decent trail system. Councilmember Jacobson stated he was going to vote no on this because he thought the trail should go north/south to provide future trails to the south. Motion failed 2 ayes, 3 nays (Gamache, Orttel, and Jacobson). Motion by Jacobson, Seconded by Knight, to adopt the attached resolution approving the fmal plat with an addition of the trail which would be on Block 2, Lots 4, 5 and 6 and Block 1, Lot 4. Councilmember Trude wondered if this trail would be maintained in the winter. Mr. Berkowitz stated all city trails are maintained and plowed. Councilmember Ortte1 thought there should be provisions where they could waive that in some areas because no one would use this trail in that short of distance in the winter. Motion carried unanimously. (RES. R052-06) APPROVE ATM PLACEMENT AGREEMENT/COMMUNITY CENTER . ') '--, City Administrator Dickinson stated the Community Center has been approached by numerous users indicating that an automated teller machine (ATM) is desired at the Community Center. Councilmember Orttel stated he has a conflict of interest and indicated he would not vote on this. , / Regular Andover City Council Meeting Minutes - April 4, 2006 Page 15 Mr. Dickinson indicated City Staffhas approached the local banking institutions to see if they would be interested in providing placement of an A TM in the Community Center at no charge to the City. To date those institutions have declined placement, citing not enough potential use. A private business, Viking A TM Services, has indicated they would be willing to provide the services desired. Viking A TM Services is the organization that provides A TM placement to the Anoka County License Centers. Motion by Jacobson, Seconded by Knight, to approve the attached contract for ATM placement with Viking A TM Services. Councilmember Trude wondered how much this company will charge to get cash out of the machine. Mr. Dickinson thought it would be $2.00. Councilmember Trude thought they may want to consider adding a check card or Visa option at the concession stand. Mr. Dickinson stated they are doing that. Motion carried 4 ayes, 1 present (Orttel). \ , J The City Council recessed at 9:45 p.m. The City Council reconvened at 9:50 p.m. SCHEDULE EDA MEETING Motion by Jacobson, Seconded by Trude, to schedule an EDA meeting at 6:00 p.m. before the Apri118, 2006 City Council meeting. Motion carried unanimously. ADMINISTRATOR REPORT City Administrator Dickinson updated the Council on improvement projects, administrative & city department activities, 2005 audit progress, Legislative topics, meeting reminders and miscellaneous projects. City Engineer Berkowitz updated the Council on road improvements projects in the City. . \ \..J MAYOR/COUNCIL INPUT (Screening Ordinance) - Councilmember Trude stated the issue she previously brought up was the screening ordinance and she thought that ordinance seems to be missing and she wanted to make sure the ordinance is enforced, especially along Sophie's South where there are homes that are occupied / Regular Andover City Council Meeting Minutes - April 4, 2006 Page 16 and along the County Road without anything. She did not think they need to have it as part of the development agreement if it is an ordinance in the books. Mr. Neumeister stated Sophie's Manor was approved back in May 2005 and their code requiring screening on double frontage lots did not come into effect until October 4,2005 so Sophie's South was approved as a preliminary plat at least six months or so before their ordinance allowed them to require those type of things. He stated he did not know exactly what was going on with Stack' s Woods but he would check to see where they are at on that. He thought that should be allowed to be under their current code which would require double frontage lots to have screening. He indicated the other existing plats that are along County roads with double frontage lots, there was nothing they could do to require screening. He thought they had tried to save some trees in Sophie's with tree preservation but because of some of the grade issues they had to take some of them and then the road widening project took the rest. Mr. Berkowitz stated the roadway improvements required some of the screening had to come down in the right-of-way. Councilmember Trude thought it reflected poorly on them as Community planners when they have houses so visible to County roads. (Grace Lutheran Church Portable Classrooms) - Mayor Gamache stated they talked a little about Grace Lutheran Church at their last meeting and he wondered how that was going. Mr. Neumeister stated where the Council wanted the portable classrooms placed is a large cement garbage structure ,_..' and when he met with them on Friday, he indicated they would need to move the garbage structure. He stated it looks like the classrooms will fit in there if the garbage structure is removed. (League of Minnesota Cities Meeting) - Mayor Gamache stated he and Mr. Dickinson went down to the League of Minnesota Cities Day at the Capitol and had a chance to hear some good conversation between the Speaker of the House and the Majority Leader and House and how things are moving along. Motion by Knight, Seconded by Jacobson, to adjourn. Motion carried unanimously. The meeting adjourned at 10:07 p.m. Respectfully submitted, Susan Osbeck, Recording Secretary . '\ '- -"~ , " <J u r '\ U @ CITY OF NDOVE 1685 CROSSTOWN BOULEVARD N.W, . ANDOVER, MINNESOTA 55304 . (763) 755-5100 FAX (763) 755-8923 . WWW.CLANDOVER.MN.US TO: Mayor and Councilmembers CC: Jim Dickinson, City Administrator / Finance Director FROM: Lee Brezinka, Assistant Finance Director SUBJECT: Payment of Claims - Supplemental DATE: April 18, 2006 INTRODUCTION Attached are disbursement edit lists for claims related to the on going business of the City of Andover. DISCUSSION Claims totaling $85,660.37 on disbursement edit lists #1-4 from 04/06/06 - 04/14/06 have been issued and released. Claims totaling $368,623.77 on disbursement edit list #5 dated 04/18/06 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 REOUlRED The Andover City Council is requested to approve total claims in the amount of $454,284.14. 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"u e c::'- = ~ 0 - ~ '" B " t ::l = ~7J o~ '- .S! 0 0- ~ " e - u~ Co .sz ll-. ";:: :g~ 013 ~ ... :J - 0 " "'.c: ~E-< 0 Q :!u ~ " ;; c.. :J E 0 01 u = ~ 0 ti: Z , .. N ... "" 'is E :- t: = - () ~J u @ 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (763) 755-5100 FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US TO: CC: FROM: SUBJECT: DATE: Mayor and Council Members ~ Jim Dickinson, City Administrator David D. Berkowitz, City Engineer Approve Plans & Specs/Order Advertisement for Bids/05-15/Andover Station North Ball Field Improvements - Engineering April 18, 2006 INTRODUCTION The City Council is requested to approve final plans and specifications and order the advertisement of bids for Project 05-15, Andover Station North Ball Field Improvements. DISCUSSION Plans and specifications have been completed for the Andover North Ball Field Improvements. The improvements consist of three baseball fields (380', 360' and 275' fields), parking lot/roadway, sanitary sewer service and a water main loop to serve the fields and the Parkside at Andover Station development. Other improvements identified on the plan include irrigation, which will be installed by the Public Works Parks Department and dugouts, which would be constructed by the Andover Baseball Association. The footings for the dugouts will be constructed as part of the project. Staff has worked closely will Joe Dietz (Andover Baseball Association President) on the plan preparation. The plans have been reviewed and recommended for approval by the Park Commission. Attached is a plan layout for your review. The final plan set is available at the City Hall in the Engineering Department. BUDGET IMP ACT The City's cost for Andover Station North Ball Field Improvements (05-15) is estimated at $809,646.42, which will be funded by bonds and paid back through park dedication and City water fund ($22,651.75). ACTION REOUlRED The City Council is requested to approve the resolution approving final plans and specifications and ordering the advertisement of bids for Project 05-15, Andover Station North Ball Field Improvements. Respectfully submitted, (J~CJ. David D. Berkowitz / Attachments: Resolution & Ball Field Plan Layout ;:.J CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. MOTION by Council member to adopt the following: A RESOLUTION APPROVING FINAL PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR PROJECT NO. 05-15 FOR BALL FIELD IMPROVEMENTS AT ANDOVER STATION NORTH. WHEREAS, pursuant to Resolution No. 048-06 , adopted by the City Council on the 4th day of April , 2006, the City Enqineer has prepared final plans and specifications for Project 05-15 for Ball Field Improvements at Andover Station North. WHEREAS, such final plans and specifications were presented to the City Council for their review on the 18th day of April , 2006 . NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby approve the Final Plans and Specifications. , \ \J BE IT FURTHER RESOLVED by the City Council of the City of Andover to hereby direct the City Clerk to seek public bids as required by law, with such bids to be opened at 10:00 a.m.. , May 12 ,2006 at the Andover City Hall. MOTION seconded by Council member City Council at a reqular meeting this 18th Council members favor of the resolution, and Council members said resolution was declared passed. and adopted by the day of April , 2006 , with voting in voting against, whereupon CITY OF ANDOVER ATTEST: Michael R. Gamache - Mayor (j Victoria Volk - City Clerk 0: 0>< <0 t:rj ""l (f) 0-1 -}> -1-1 -<- o 1]Z Alz 20 rlJJ 0-1 -11 om (Jl}> II ....11 0111 rl I o o o () :i+oer" '. '\~\~\..:\\:\\~\ i .. \ \\" '- " \~~;~~~{J . \1\'; \)Y . ~~,\,,'~~910 ,,10.' .. / J ,I" '<'>0::~ ~')"Io~,,'O ,,10' 10 '10"'/ / ! ; :' ~ '< ~",/"" ,'" ..')b'" 10'" <6) / , ~ .-__....~ /' /~ "1,10 '" ~.:~~~~; ,~:::~~;~;~;::'O .. I I I I I I I I I I I I I I I I I I ,/ i -...... / ".; ..-- :--_..--~~:=..<>.>.>. \, -.....-...-........ ....~... ..'~ ---.-,-,,-", .....--_..-_..-~.. n...... <~/-- /,., ,.._n_ n.... " <>...... \\ \" ,,/ . - .-..-.'" ::::,~;";;:::::.. 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U /~- .......... ---...-----.----..-..--....--......--... t::': 1\\:' '\i::; \1:' ::Ii; \:": Ii::: ,:::: ;i,:' ,:1:: \\\\\ 1::-' :\\': \ \ \ \ : \ }> Z o o < rl Al ;g; \. 0' \. . . 'i~\' 0) :, 0': \\\\\ \::\\ ,\' " , ; : : co\~ 2\CJ' , , , , \ \ , ' ; \ \ \ \ \ \ ~, , ' \'"...~-.,~ .....~ -....... \\1" \ ; , \ \, \, \; \ \\:\~ \, l , , \ \ \~ ro ~ 00,00 ro 00 * N\ ~ 1] JJ o < rl ~ rl Z -1 ~..~'" \\\. . .y. ~\ \,cfp \\ \.\ Q.. \\<<:' \ \\ \ \\ '\\', ,,\ \ \ \ \ -~ \ \ ',\ \ . '.,\ \ " \ ,\ \ " \ \ \ \ \ \ \ " \ \\ \ ..\ \ .\ \ \ \ ". \ .. \', \ ..\~..90\ .'..\\...~~ \\\ "\ \..">:::\\ \<:;~''':\. \ .~ \,;:;:'\\ \~\\ \N\ Ul " > r- '" ~ =4>-z o q ,.' ....., C I T Y 0 F NDOVE G <J 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER. MINNESOTA 55304 . (763) 755-5100 FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US CC: Mayor and Council Members ~ Jim Dickinson, City Administrator =- David Berkowitz, City Engineer ~ TO: FROM: Todd J. Haas, Asst. City Engineer SUBJECT: Approve Change Order #2/03-1A/Prairie Knoll Park Lighting - Engineering DATE: April 18, 2006 INTRODUCTION This item is in regard to approving Change Order #2 for Project 03-1A, Prairie Knoll Park Lighting. , -\ \J DISCUSSION This change order is for additional wire that was necessary to complete the project. The City Engineer has discussed this additional work with Jim O'Brien, designer of the project from Wunderlich-Malec and the cost to provide and install the wire is acceptable. The amount of Change Order #2 is $1,940.58. BUDGETIMPACT This would be funded by Park Dedication Funds. ACTION REOUIRED The City Council is requested to approve the resolution approving Change Order #2 for Project 03- lA, Prairie Knoll Park Lighting. Respectfully submitted, ~L~ ./ / Attachments: Resolution & Change Order #2 cc: Dan Palmer, Killer Electric Co., Inc., 5741 Lakeland Ave. N., Crystal, MN 55429 Jim O'Brien, Wunderlich-Malec Eng., Inc., 5501 Feltl Road, Minnetonka, MN 55343 '\ ,---j -- '" , , 'J , \.j \ , ! '-' CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. MOTION by Councilmember to adopt the following: A RESOLUTION APPROVING CHANGE ORDER #...1.- TO PROJECT NO. 03-1A FOR PRAIRIE KNOLL PARK LIGHTING. WHEREAS, the City of Andover has a contract for Project No. 03-1A with Killmer Electric Co.. Inc. of Crystal. MN NOW THEREFORE, BE IT RESOLVED by the City Council of Andover to hereby approve the change order to Project No. 03-1A. Adopted by the City Council of the City of Andover this April ,2006. 18th day of CITY OF ANDOVER ATTEST: Michael R. Gamache - Mayor Victoria Volk - City Clerk . . , , '\ \..../ , '\ ",-j' APR-12-2006 06:58 KILLMER ELECTRIC P.002 CHANGE ORDER CIlY OF ANDOVER Andover, MN Aori118, 2006 Change Order NO'-L To Killmer Electric Co.. Inc. For Proiect 03-1A. Prairie Knoll Par1< Lial1tinQ For Citv of Andover You are hereby directed to make the following change to your contract dated June 13. 2005. The change and the work affected thereby are subject to all contract stipulations and covenants. This change order will (Increase) (E1esFeaoo) (Ae sl:1aFlge) the contract sum by One Thousand Nine Hundred Fortv & 58/100 Dollars ($1,940.581 This change order provides for the following extra work: Installation of a security tight for the north parking lot for PraIrie Knoll Park. Amount of Original Contract $197.561.00 Additions approved to date (Nos. I ) $ 2.162.34 Deductions approved to date (Nos. ) $ 0.00 Contract amount to date $199,723.34 Amount of this Change Order (Add) (D9Eluat) (Ne C~aFlSQ) $ 1.940.58 Revised Contract Amount $201.663.92 Approval City of Andover Approval Klllmer Electric Co Inc Contractor By By ~ '1- It-rl.6 i/ Date City Engineer Date H:\Eft~fte~ Projects~ CIty ProjeQts~1A PtIlllle l<rloU Park Ugh1lng\WW DOCUI'IlIllll$\Change crder#2.DOQ ** TOm... PAGE.02 ** / '\ o :J C) @ 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (763) 755-5100 FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US TO: Mayor and Council Members ~\ ~ Jim Dickinson, City Administrator David Berkowitz, City Engineer ~ CC: FROM: Todd J. Haas, Asst. City Engineer SUBJECT: Approve Lease Agreement/Skate Park Equipment - Engineering DATE: April 18, 2006 INTRODUCTION This item is in regard to approving the lease agreement for 2006 to allow the City to operate skateboard equipment and related equipment at Constance Free Church. DISCUSSION Attached is the lease agreement. Nothing has changed from last year's lease except the rental period, which will be from May 30, 2006 to September 8, 2006. Note: This will be the third straight year that the church has allowed the City to lease space. As a reminder, each time the City moves the equipment it does weaken the structures. The Park & Recreation Commission will begin the process of evaluating the possibility of having a permanent skate park as part of the 2007-2011 Park CIP next month. ACTION REOUIRED The City Council is requested to approve the lease agreement with Constance Free Church. Respectfully submitted, T~d~ Attachments: Lease Agreement cc: Pastor Jim Barber, Constance Free Church, 16150 Crosstown Blvd. NW, Andover (J .~ o CONSTANCE FREE CHURCH LEASE THIS AGREEMENT, made this day of , 2006, by and between Constance Evangelical Free Church, a Minnesota corporation, (hereinafter "Landlord") and the City of Andover, a municipal corporation (hereinafter "Tenant"). WITNESSETH: 1. Leased Property. The Landlord does hereby lease to Tenant the property designated on Exhibit A attached hereto and made a part hereof (hereinafter "Leased Property"). 2. Rental Period. The term of this Lease shall commence May 30, 2006 and terminate on September 8, 2006. Notwithstanding the foregoing, this Lease may be terminated by Tenant upon 30 days written notice to the Landlord. 3. Use of the Premises. Tenant agrees that the Leased Property shall be used solely for the purpose of operating a skateboard park and related equipment in accordance with the rules attached as Exhibit B, which will be posted at the skate park location. 4. Rental Charge. Tenant agrees to pay as rental for the Leased Property the sum of $1.00. 5. Skateboard Park Equipment Tenant shall have the right to install skateboard park equipment on the Leased Property. All maintenance required on the equipment shall be the responsibility of Tenant. Tenant shall remove all of the equipment at the end of the lease term. Tenant shall be responsible for transporting all of its existing skate park equipment to and from the site. 6. Improvements. Tenant shall make no improvements to the leased 1 () :J :J premises without the written permission of Landlord. 7. Maintenance. Landlord shall be responsible for keeping the leased property continually in a neat, clean and respectable condition. Tenant will provide one (1) portable restroom at Tenants expense. 8. Real Estate Taxes. Landlord shall be responsible for the payment of any and all real estate taxes that may be allocated to the leased property. 9. Insurance. Tenant shall take out and maintain during the term of this lease, public liability and property damage insurance covering personal injury, including death, and claims for property damage which may arise out of the operation of Tenant's skate park operation. Limits for bodily injury and death shall be not less than $300,000 for one person and $1,000,000 for any occurrence. Limits for property damage should be not less than $100,000 for each occurrence. Landlord shall be named as additional insured on the policy and Tenant shall file with Landlord a certificate evidencing coverage prior to occupation of the property. The certificate shall provide that Landlord must be given ten (10) days advance written notice of a cancellation of insurance. This certificate may not contain any disclaimer for failure to give the required notice. 10. Tenant's Covenants. Tenant covenants and agrees during the term of this Lease: a. To pay the rent on the days and in the manner aforesaid; b. Not to cause the estate of Landlord in the leased property at any time during the said term to become subject to any lien, charge or encumbrance whatsoever, it being agreed that except as may be hereinafter specifically provided, the Tenant shall have no authority, express or implied, to create a lien, charge or encumbrance upon the estate of Landlord in the leased premises; c. Not to make or suffer any use or occupancy of the leased property contrary to the purpose of the lease or any law or ordinance now in effect or hereafter enforced 2 C~ :.j () d. To indemnify Landlord against all claims, damages, costs and expenses, including attomey fees, lawfully or reasonably incurred for the collection of any rentals or monies due under the lease or in defense of any action or proceeding, or in discharging the leased property from any charge, lien or encumbrance caused by Tenant, or in obtaining possession after default of Tenants or the tennination of this lease; e. To comply with all zoning and local ordinances regarding the use of the leased premises. f. The Tenant has authorized this agreement by all necessary corporate action by the City of Andover. IN WITNESS WHEREOF, the parties hereto have hereunto set their hands the day and year first above written. LANDLORD: CONSTANCE FREE CHURCH By: Its: Senior Associate Paster TENANT: CITY OF ANDOVER By Its: Mayor By Its: Clerk STATE OF MINNESOTA) COUNTY OF ANOKA ) ) ss. . 3 .. o / '. \~) F " o This instrument was acknowledged ,before me on day of , 2006 by James M. Barber the Senior Associate Pastor of Constance Free Church, a corporation under the laws of Minnesota on behalf of the corporation. Notary Public STATE OF MINNESOTA ) ) ss. COUNTY OF ANOKA ) On this day of . 2006, before me, a Notary Public within and for said County, personally appeared Michael R. Gamache and Victoria Volk, to me known to be the Mayor and Clerk of City of Andover, a municipal corporation under the laws of the State of Minnesota, and that they executed the foregoing instrument and acknowledged that they executed the same on behalf of said corporation. Notary Public This instrument was drafted by: William G. Hawkins and Associates 2140 Fourth Avenue North Anoka, Minnesota 55303 (763) 427-8877 4 ~""'~Uo._ -, I I I I J I J I I I I I J I . I I I I I I I I I I I I I I I I I I I I I I I I I I . I I L- e xh; \>;1- 1; - '.j ATTENTION Skate Park Rules: 1. Skating is restricted to the skate park equipment and surrounding area only. 2. Out of courtesy, keep out of the church cemetery. 3. The church staff will limit use of the church facility at their discretion. 4. The following persOnal protective equipment are recommended to be worn: helmets, elbow pads and kneepads, wrist guards and appropriate footwear. 5. All protective gear and equipment must be designed for skateboard I in-line skating and be in good condition. The City of Andover employees and I or Anoka County Sheriffs Department reserve the right to refuse to allow anyone to skate if their protective gear and equipment is not adequate. 6. All skaters agree to act in an orderly, safe and considerate manner while on the premises 'and in the skating area. 7. No "snaking". Everyone is to wait his I her turn. Reckless and dangerous skaters will be requested to leave the skating area and the premises immediately. 8. All injuries, whether major or minor in nature, are to be reported to the City of' Andover staff immediately. In the case of a serious injury, do not move the injured person and all skating on that ramp shall cease immediately. 9. Only one skateboarder is permitted on a skateboard at a time. 10.No bicycles, scooters, roller skates are permitted on the ramps. l1.No alcohol, tobacco products or drugs are permitted on the premises.' , 12.No food or drink on the ramps. '\ 13.Proper language and music must be used at all times. Anyone showing disrespect or found using or playing improper language will be asked to leave. '---/ SKArn PARK HOURS 9:00 a.m. to Sunset C:\Documents and Settings'jdickinson \Local Settings\Temporary Internet Files\OLKI 9\SkateParkSign.doc / '\ o CJ (j (j) C I T Y 0 F NDOVE 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304. (763) 755-5100 FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US TO: Mayor and Council Members ~ Jim Dickinson, City Administrato. ::; David Berkowitz, City Engineer~ CC: FROM: Todd J. Haas, Asst. City Engineer/LRRWMO Board Member SUBJECT: Receive 2005 ACD Annual Water Quality & Quantity Condition Report- Engineering DATE: April 18, 2006 INTRODUCTION This item is an update as to the condition status of water bodies located within the City of Andover. DISCUSSION As was done in 2005 and years prior to this, the Anoka Conservation District (ACD) conducted standardized County-wide program independently and under contract with the Watershed Management Organizations, Watershed Districts, Cities or the State. In 2005, ACD monitored precipitation, lake levels, lake water quality, stream hydrology, stream water quality, stream benthic macroinvertebrates, shallow groundwater levels in wetlands, deep groundwater in observation wells, mapped lake shorelines and coordinated several water quality improvement projects. As you may know, there are two watersheds in Andover, the Lower Rum River WMO and the Coon Creek Watershed District. The various types of studies that were performed in Andover included Rum River, Round Lake, Coon Creek, Crooked Lake and Bunker Lake. Attached for your review are the studies that were performed and the results of each study. If you would like a copy of the entire report, it is available at www.anokaswcd.org. If you have any questions regarding the studies that were performed, feel free to contact Jamie Schurbon with ACD at (763)434-2030. ACTION REQUIRED This is for information only. No action is required. Respectfully submitted, tff/~ Attachments: 2005 ACD Annual Water Quality & Quantity Condition Report I I ( "- u I I I I ~ I I I 10 I I , I I I I I I I CJ Lower Rum River Watershed J (<Y Bl:!f.I!s ()'J Contact Info: Lower Rum River Watershed Manag=ent Organization www.AnokaNaturalResources.com/LRRWMO 763-421-8999 Anoka Conservation District www.AnokaSWCD.org 763-434-2030 /' '\ U Lake Levels Description: Weekly water level monitoring in lakes. These data, as well as all additional historic data are available on the Minnesota DNR website using the "LakeFinder" feature ( www.dnr.mn.us.state\lakefind\index.html). Purpose: To provide understanding oflake hydrology, including the impact of climate or other water budget changes. These data are useful for regulatory, building/development, and lake hydrology manipulation decisions. Locations: Lake Itasca, Round Lake, Rogers Lake Results: Lake levels were measured 30 to 40 times, depending upon the lake. Water levels on these three lakes were well synchronized and had changes of similar magnitude. The general trend in 2005 was small increases in the spring, then declining until the beginning of September, and rising throughout fall. Several heavy rainfalls in September and October drove the increasing water levels in the fall. The effects of low water were especially dramatic on Round Lake, where a small drop in water levels can result in many feet of shoreline becoming exposed. Raw lake level data 'for all sites and all years can be downloaded from the Minnesota DNR website using the "LakeFinder" tool. Ordinary High Water Levels (OHW), the elevation below which a DNR permit is needed to perform work, are listed for each lake on the graph below. . Round Lake Levels 2001-2005 867.0 Round Lake OI-tN = 866.40 866.0 o g 865.0 o '" .g 864.0 .. > .. iii 863.0 862.0 861.0 0" 0" 0'\0 0'\0 0"J _~"J cb' oll< o'=' o'=' _~'O n,<;j n,<;j {l-<;j n,<;j ~<;j n,'" n,<;j n,<;j n,<;j n,<;j {l-'" ~,:::;. '\\,:::;. ~" '\\,:::;. ~" '\\,:::;. ~,:::;. '\\,:::;. ~,:::;. '\\,:::;. ~" Lake Itasca Levels 2001-2005 870.0 Itasca Lake OI-tN = 871.4 869.0 g 868.0 '" o :; 867.0 > .. iii 866.0 865.0 864.0 <5>" <5>" <5>'\0 <:;<:;'\0 <:;<:;"J <:;<:;"J <:;<;}< <:;<;}< <:;<:;'=' <:;<:;'=' <:;<:;'0 ~'V ,,~. ,~'V ..\~'V ~'V ~'V ,,~ ~'V ~'V ~'V ~'V ,:::;. ~v , ~ ~ ~ ~ ~ ~ ,:::;. Rogers Lake Levels 2001-2005 886.0 Rogers Lake OI-tN = 883.9 885.0 g 884.0 = o ~ 883.0 > .. iii 882.0 881.0 880.0 -~" 0" 0'\0 0'\0 r;:,"J r;:,"J cb' cb' ~<:;'=' ~'=' _~<o ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~,:::;. '\\,:::;. ~,,\ '\\,:::;. ~,:::;. '\\",. ~,:::;. '\\",. ~,:::;. '\\,:::;. ~,:::;. Lower Rum River Watershed Lake Levels Summary 4-84 lake Year Average Min Max ltasca 2001 866.50 865.88 867.03 2002 867.37 866.82 868.07 2003 867.87 867.21 868.56 2004 867.23 866.88 867.61 2005 867.39 866.61 868.19 Rogers 2001 882.74 882.17 883.33 2002 883.36 882.43 884.03 2003 883.53 882.84 884.18 2004 883.22 882.82 883.66 2005 883.48 882.95 884.04 Round 2001 863.94 863.39 864.65 2002 864.39 864.19 864.57 2003 864.96 864.11 865.49 2004 864.42 863.95 864.78 2005 864.14 863.37 864.51 I I(~ I I I ! I tI I I I IU I I I I I I IU I I Lake Water Quality Description: May through September twice-monthly monitoring of the following parameters: total phosphorus, chlorophyll-a, Secchi transparency, dissolved oxygen, turbidity, temperature, conductivity, pH, and salinity. To detect water quality trends and diagnose the cause of changes. Round Lake Detailed data for each lake are provided on the following pages, including summaries of historical conditions and trend analysis. Previous years' data are available from the ACD. Refer to Chapter 1 for additional information on interpreting the data and on lake dynamics. Purpose: Locations: Results: Lower Rum River Watershed Lake Water Quality Monitoring Sites r-- 4-85. I , '\ Round Lake I \..J City of Andover, Lake ID # 03-0089 Background I Round Lake is located in west-central Anoka County. It has a surface area of220 acres and a maximum depth of 19 feet, though the majority of the lake is less than 4 feet in depth. The lake is surrounded by a cattail fringe, and has submerged aquatic vegetation growing throughout, including carpets of the macrophyte-like algae Chara (aka muskgrass, stonewort, and sand grass). This lake has a small watershed, with a watershed to surface area ratio of less than 10: 1. The primary public access is from Round Lake Boulevard on the southeast side of the lake. Most of the lake is too shallow for motorized boat traffic. Waterfowl and other wildlife usage of this lake is high. 2005 Results In 2005 Round Lake had very good water quality compared to other lakes in this region (NCHF Ecoregion), .. receiving an overall B letter grade. This is slightly worse the other four years that have been monitored, with the exception of 1998. The lake is mesotrophic. Water quality did deteriorate slightly in late summer, including increases in phosphorus and algae, but was still quite good. Water clarity was about 12 feet in spring and about 6 feet in late summer. .Dissolved oxygen was consistently within the range needed by fish and other aquatic life. Trend Analysis Five years of water quality monitoring have been conducted by the Anoka Conservation District (1998-2000, 2003, and 2005). This is not enough data for a powerful statistical test of trend analysis. Generally, within this record, water quality was poorest in 1998, better in 1999-2003, and poorer again in 2005. The magnitude of differences among years seems to be with the range of variation that would be expected naturally. In all years it would be considered very good. Discussion / '\ Round Lake is one of the four clearest lakes in Anoka County. Shallow lakes like Round seldom have such a U clear water condition. The two primary factors causing this are 1. the small watershed with relatively few surface water or storm water inputs and 2. the abundant macrophytes (large, aquatic plants). While nutrient inputs are probably few, the plants in the lake consume nutrients that are present, preventing algae blooms. Chara is co=on in this lake and forms carpets that stabilize bottom sediements. Macrophytes also foster zooplankton (microscopic animals that eat algae) co=unities by providing refuges from fish predators. . 2005 Round Lake Water Quality Data Round Lake 2005 Units R.L. 5/1912005 61112005 6/1512005 6/2812005 7/1212005 7/2712005 8/1012005 8/2512005 91912005 9/2312005 Avetal:!:e Min Max H 0.] ,. na DB no 8.10 10.01 8.60 8.70 8.46 8.29 7.79 8.56 7.79 10.01 Conductivl mS/cm 0.01 0.160 0.141 0.140 0.163 0.157 0.182 0.189 0.202 0.204 0.214 0.175 0.140 0.214 Turbidi NTU ] 1.00 1.00 1.00 1.00 3 2 ] 3 3.00 4.00 2 ] 4 D.O. m 0.01 9.99 12.10 8.24 4.29 8.09 8.45 6.17 8.41 7.54 7.08 8.04 4.29 12.10 D.O. % 1 98% 135% 95% 52% 104% 98% 76% 97% 86% 77% 92% 52% 135% T= . oc 0.\ 14.8 20.6 22.5 24.8 28.3 23.1 25.9 22.2 21.9 19.2 22.3 14.8 28.3 T= . OF 0.\ 58.6 69.1 72.5 76.6 82.9 73.6 78.9 72.0 71.4 66.6 72.2 58.6 82.9 Salini % 0.01 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 CI-a u,;J 0.5 2.3 2.4 6.] 1.6 2.4 3.' 2.2 13 6.8 5.2 4.6 1.6 13.0 U. m 0.010 0.020 0.024 0.044 0.028 0_022 0.027 0.031 0.038 0.041 0.040 0.032 0.020 0.044 T.P. u ]0 20 2. 44 28 22 27 31 38 41 40 32 20 44 Secchi ft 0.] 11.80 8.50 9.00 7.30 8.8 '.5 8.2 6.7 6.60 6.30 8.3 6.3 11.8 Seechi m 0.] 3.60 2.59 2.74 2.23 2.7 2.' 2.5 2.0 2.01 1.92 2.5 I., 3.6 a(H)bservanont g Physical 1.00 UO LOO 1.50 2.0 1.5 1.5 2.0 2.00 2.00 1.6 1.0 2.0 Recreational 1.00 1.50 1.50 l.50 2.0 1.5 1.5 2.0 2.50 2.00 1.7 1.0 2.5 *reportmg limit o 4-86 C=:J O-a amT.P. ........... Secchi (ft) o 2 4 g 6 .= 8 'E. 10 .. 12 ~ 14 u 16 g 18 Ul 20 C=:J O-a amiP ........... Secchi (ft) o 2 _ 4 ::. 6 .= 8 'E. 10 2l 12 :c 14 u 16 g 18 Ul 20 I i I /\ V I I I I .. I I I I IU I I ! I I I I I ," ) \.J I I Round Lake Water Quality Results 2005 Phosphorus, Chlorophyll-a & Transparency 50 - C, 40 .=. 'l' 30 U 'C 20 = .. c.. 10 E-< o ~~ Cl~ ~ ~ ~~ ~~ <,}" e ~~ ~ ~~ rd-" ~~ ~~ ~~ f8.~ ~~ (I.~ rd-'"V '\,.... '\~ ~~ ~~ Cl~ ~~ ~~~~~~ <&" <&rtJ ~Oj ~'1; Historic Sununertime Mean 50 - 40 C, .=. 30 'l' U 20 all c.. I- 10 0 0;'0 ~O; ....CiS ~~ ~.... ~ ~ ~'1.- ~n;, ~ ~ Year r::,~ ~ ~~ ~ Round Lake Summertime Historic Mean A CD ACD C CD ACD \qencv A A D A Year 98 1999 2000 2003 2005 TP 29.8 19.6 24.1 20.0 32.0 CI-a 12.80 3.74 6.86 2.40 4.60 Secchi 1m 1.4 2.9 2.7 3.4 2.5 Secchi eft) 5.2 9.5 8.8 11.3 8.3 ar son s roplc e IceS TSIP 53 47 50 47 54 TSIC 56 44 48 39 46 TSIS 55 45 46 42 47 TSI 55 45 48 43 49 Round Lake Water Qnality Report Card Year 98 99 2000 2003 2005 TP B A B A B CI-a B A A A A Secchi C B B A B Overall B A B A B Carlson's Trophic State Index ~1I.OIHlC JOSODOltK nuonar 1m'DnD0ItIlC C I 'T. Stat Ind' ',.,'.'....... ..... ....."...... 00..." CHL......",.. "'" TOut ...,""""" "'" 4-87 -'. Biomonitoring o RUM RIvER behind Anoka High School, Anoka Last Monitored By Anoka High School in 2005 Monitored Since 2001 Background The Rum River originates from Lake Mille Lacs, and flows south through western Anoka County where it joins the Mississippi River in the City of Anoka. Other than the Mississippi, this is the largest river in the county. In Anoka County the river has both rocky ripples as well as pools and runs with sandy bottoms. In the southern half of Anoka County slow water, silty bottom conditions dominate. The river's condition is generally regarded as excellent. Most of the Rum River in Anoka County has a state "scenic and recreational" designation. The sampling site is near the Bunker Lake Boulevard bridge behind Anoka High School. Sampling is not conducted in the main channel. Rather, it occurs in a backwater area. Water is not flowing in this location and the bottom is mucky. .llis site is not particularly representative of this reach of the river. Results Anoka High School classes monitored this stream in both spring and fall 2005, with oversight by the Anoka Conservation District. The various indices, taken together, indicate a below average macroinvertebrate co=unity. In 2005, and historically, the family biotic index is well below the county mean, and few of the pollution-sensitive EPT families are found. The number of families found fluctuates widely,sometimes above and sometimes below the county mean. However, most of the families are pollution-tolerant generalists. 1\ :--) j; Summarized Biomonitoring Results for Rum River behind Anoka ffigh School 1_ # Families c::::::::J EPT ___ FBI I 20 0 16 2 Ii: " Gl ." w 12 4 .5 ~ 0 .!! " :2 ~ III E 8 6 ~ co ... E .. co ... 4 8 o u spring fall spring fall spring fall spring 2001 2001 2002 2002 2003 2003 2004 4-92 fall 10 spring fall 2005 1197 -2005 Anoka Co. Anoka Co. 2005 M san Mean 2004 2005 I I r-- , I, ) .~ I I I I " I Biomonitoring Data for Rum River at Anoka High School Rum River South at Anoka H S Year 2001 2001 2002 2002 2003 2003 200. 200' 200' 200' ".an ".an Season spring "" spring "" spring "" spring "" spring fall - 2005 AnoQ Ca. 1997.2005 Anoka Co. FBI 7.60 7.30 '.90 7.60 '.60 8.50 8.00 8.00 7.10 8.60 6.1 5.7 # Families 10 15 6 ,. 12 12 . 17 7 ,. 15.6 13.6 'PT 3 . 3 2 7 1 1 1 1 3 4.3 ... Dale 5/2' 10117 ""8 1019 612 10110 619 101. 17-MaII 24-001 sampUng by AH5 AH5 ACD AHS ACD AHS ACD Anoka HS AHS AHS samollna method MH MH MH MH MH MH MH MH MH MH # Individuals 100 178 17' 144 126 56. "2 572 12. 360 # replicates 1 1 1 2 1 1 1 1 1 1 Dominant Family -~.. hemlptera cOl'b:idae taltridae _d.. corixJdae corixldae corixldae slphlonlM'idae corixidae % Dominant Famllv , 66 30.' 91.1 20.1 51.6 43.' 33.' 57.3 82.3 69.7 ". m.", .. 7 16.9 4.5 1.4 73 0.5 24.5 0.2 82.3 1.7 % Trlchomera 0 0 0 0 2.' 0 0 0 0 0 % Pleeopte,. . 0 0.6 0 7.1 0 0 0 0 0 Supplemental Stream Chemistry Readinl!s Parameter 2-June-03 10-0ct-03 9-June-04 4-0ct-04 17-Mav-05 24-0ct-05 pH 7.66 8.63 8.27 9.12 ' 8045 8.04 Conductivity (mS/cm) 0.305 '0.343 0.140 0.203 0.193 0.171 Turbiditv (N 1 U J 3 1 3 2 5 5 Dissolved Oxygen (mg/L) 8.50 8.24 6.2 9.30 11.81 11.23 (95%) Salinity (%) 0.01 0.01 0.00 0.00 0.00 0.00 Temperature (Cl 17.7 15.9 , 20.2 11.6 13.1 9.0 " \ Discussion ) ~ Biomonitoring results for this site are much different from the monitoring farther upstream in St. Francis. In St. Francis the Rum River harbors the most diverse and pollution-sensitive macroinvertebrate community of all sites monitored in Anoka County. At the Anoka location the biotic indices indicate a poorer than average river health. The reason for this dramatic difference is probably habitat differences, and to a lesser extent, water quality. The habitat and overall nature of the river is different in St. Francis and Anoka In the upstream areas around St. Francis the river is steeper gradient, moving faster and has a variety of pools, riffles, and runs. The bottom upstream is rockier, and the lower human population density generally means there are fewer areas of disturbance and fewer storm water inpo.ts. Downstream, near Anoka, the river is much slower moving, lacking pools, rimes and runs. The bottom is heavily silt laden. The area is more developed, so there are more direct and indirect human impacts to the river. Overall, there is less desirable habitat for invertebrates in the downstream reaches. Water quality also declines downstream, though is still quite good at all locations. Chemical monitoring in 2004 revealed that total suspended solids, total phosphorus, and chlorides were all higher near Anoka than upstream. This is probably due to the varied facets of a more highly developed watershed in these areas. Given that water quality is still quite good, it is un1ikely that this factor is severely limiting macroinvertebrates. One additional factor to consider when comparing the up and downstream monitoring results is the type of sampling location. Sampling near Anoka was conducted mostly in a backwater area that has a mucky bottom and does not receive good flow. This area is un1ikely to be occupied by families which are pollution intolerant because those families generally favor rocky habitats and require high dissolved oxygen not found in stagnant areas. / ,-----J 4-93 Lower Rum River Watershed Wetland Levels Lake Levels Groundwater Stream Levels Lake Water Quality S....... We_ Shoreland Total . Observation Weirs Blomonltortng RestoraUon Revenues LRRWMO 425 0 525 680 300 1000 4345 Slate 0 0 94 0 0 0 0 . 187 281 C"'"' 1 0 57 1 1 0 26 187 2946 COlJ'1tv AQ Preserves 267 0 0 0 400 1443 0 187 2297 BWSR General Services 0 166 0 316 0 0 425 187 1093 Local Water P1anri 1 114 0 0 26 1098 1n 187 1705 TOTA 897 705 151 842 1317 3221 3600 ~ 1266 noes- Capital OUtlay/Equi 100 6 1 97 Personnel SalarieslBenefits 657 596 127 607 660 2589 2607 OfIiceSu ieslMaintena"lce 60 51 11 56 557 222 228 136 1321 I Traini 9 6 1 9 9 29 36 14 11 Vehide/Mle e 11 10 2 10 11 44 45 27 16 Rent 30 24 6 30 29 113 167 61 460 .' 10 8 2 9 10 35 42 21 13 5 3 1 7 4 19 56 4 100 "ntencnce 0 0 0 0 0 0 0 0 0 Su ies 16 0 0 16 30 152 405 0 619 TOT 897 705 151 842 1317 3221 3600 1933 1266 . NET 0 0 0 0 0 0 0 0 0 : Financial Summary ACD accounting is organized by program and not by customer. Tills allows us to track all of the labor, materials and overhead expenses for a program, such as our lake water quality monitoring program. We do not, however, know specifically which expenses are attributed to monitoring which lakes. To enable reporting of expenses for monitoring conducted in a Lower Rum River Watershed Financial Summary .. " -.j Recommendations > Work with the MN DNR to complete the study of Round Lake water levels that was begun in 2002. > Encourage public workS'departments to implement measures to rninirni7e road deicing salt applications. Investigations of Ditches 6 and 66 and routine monitoring have shown that road salts are one of the largest and most widespread sources of stream impairment in this watershed. Other streams nearby also have elevated chlorides, likely from the same source. >Continue monitoring of Ditch 6 and 66 every 3-5 years to detect changes in chloride concentration. >Continue lake level monitoring, especially on Round Lake where residents have expressed ; \ '--./ specific watershed, we divide the total program cost by the number of sites monitored to determine an annual cost per site. We then multiply the cost per site by the number of sites monitored for a customer. The process also takes into account equipment that is purchased for monitoring in a specific area. concerns with levels. Oth.er nearby lakes should be monitored for comparison and in case problems develop. > Monitor Trott Brook every 2-3 years to assess the slightly elevated chlorides, salinity, conductivity, and periodically low DO seen in 2003. Monitoring is planned for 2006. > Continue water quality improvement programs. The current programs are targeted at correcting erosion problems and installing water quality buffers by providing cost share incentives and technical assistance to landowners. 4-104 - I I ~ I I I I , J J I I I I I I I I r 'U r r r ! r w r I I I,() I I I I I 1 I: o I! Ii Coon Creek Watershed <P ,.J (<1 :~s . Contact Info: Coon Creek Watershed District www.AnokaNaturalResources.com/CCWD 763-755-0975 Anoka Conservation District www.AnokaSWCD.org 763-434-2030 I IU I I i I I I I I tU ~) ~~ Lake Levels Description: Purpose: Locations: Results: .. Weekly water level monitoring in lakes. These data, as well as all additional historic data are available on the Minnesota DNR web site using the "LakeFinder" feature (www.dnr.mn.us.state \1akefind\index.html). To provide understanding of lake hydrology, including the impact of climate or other water budget changes. These data are useful for regulatory, building/development, and lake hydrology manipulation decisions. Bunker Lake, Ham Lake, Lake Netta, Crooked Lake Lake levels were measured 19 to 30 times, depending upon the lake. Water levels of these four lakes changed only modestly throughout 2005, with a range of less than one foot on each lake. The general trend in 2005 for most lakes in Anoka County, including these lakes, was small increases in the spring, then declining until the beginning of September, and rising throughout fall. Several heavy rainfalls in September and October drove the increasing water levels in the fall. Raw lake level data for all sites and all years can be downloaded from the Minnesota DNR . website using the "LakeFinder" tool. Ordinary High Water Levels (OHW), the elevation below which aDNR permit is needed to perform work, are listed for each lake on the graph below. Bunker Lake Levels 2001-05 884.0 g 883.0 c .S! 882.0 - III > .. 881.0 W Ham Lake Levels 2001-05 Bunker Lake Ham Lake 885.0 899.0 OHIN = 885.5 OHIN = 897.2 880.0 894.0 893.0 -".... -".... _<">'\0 c'\o c'" -,,'" c'" cl>' ~",,, -,," -,,'0 ~ ~ ~ ~ ~ ~ ~ ~ ~ ~~~ ....\~ '\\~ ~~ '\\~ ~~ '\\~ ~~ '\\" ~~ '\\" ~" 898.0 =- 897.0 - c 0 ;:; 896.0 III > .. 895.0 W 879.0 c.... -".... _<">'\0 c'\o c'" _<">", cl>' cl>' c" c" c'O n,o;:! ",',r "",- n,o;:! n,o;:! "''" "'<;S "'<;S n,o;:! n,o;:! "'<;S ~~ '\,....'. ....\....,. '\\~ ~~ '\\~. ~....,. '\\....'. ~~ '\\~ ~....,. 6-129 ,. '\ U Netta Lake Levels 2001-05 u u Crooked Lake Levels 2001-05 904.0 Lake Netta Crooked Lake 864.0 OHW = 902.6 OHW = 862.1 g c o :;::: co > .. jjj 860.0 863.0 g 862.0 = o 1ii 861.0 > .. jjj 899.0 859.0 858.0 e" -,," _,,'1.- e'1.- en, _"n, cb' _"b< _,," e" _,,'0 [l.o;:J [I." [I.""'o;:J [l.o;:J "," [l.o;:J [I." [1."'- 'fYo;:J "," ~.:::. '1.\':::' ~.:::. '1.\"" ~.:::. 'I.\~' ~.:::. '1.\':::' ~.:::. '1.\" ~"" .. 898.0 -,," e" e'1.- e'1.- en, _"n, _N- cb' e" _,," [I." [l.o;:J [l.o;:J [l.o;:J [l.o;:J ",'is' [I."",<;J [l.o;:J [1."'- ~.:::. '1.\':::' ~.:::. '1.\'" ~.:::. '1.\"" ~.:::. '1.\"" ~.:::. '1.\':::' ~'O ~~ .:::. Coon Creek Watershed Lake Levels Summary 2001-2005 -;. Lake Year Average Min Max Bunker 2001 880.96 879.81 882.24 2002 881.98 881.30 882.89 2003 883.24 882.19 884.02 2004 881.80 881.66 882.04 2005 881.33 880.94 881.50 Crooked 2001 860.93 860.15 861.32 2002 861.15 860.94 861.40 2003 860.98 860.17 861.57 2004 860.27 859.99 860.75 2005 860.23 859.68 860.51 Ham 2001 895.77 895.24 896.48 2002 896.62 896.01 897.15 2003 896.67 895.80 897.40 2004 895.85 895.61 896.36 2005 895.85 895.37 896.26 Netta 2001 900.99 900.29 901.66 2002 902.05 901.31 902.78 2003 902.37 - 901.49 903.08 2004 901.55 901.21 902.05 2005 901.36 900.76 901.72 6-130 J I I I I I J I I J I J I J - p p - p ./ '\ 0'Wetland Hydrology Description: Continuous groundwater level monitoring at a wetland boundary, to a depth of 40 inches. County-wide, the ACD maintains a network of 14 wetland hydrology monitoring stations. Purpose: To provide understanding of wetland hydrology, including the impact of climate and land use. These data aid in delineation of nearby wetlands by documenting hydrologic trends including the timing, frequency, and duration of saturation. Locations: Bannochie Wetland, SW of Main St and Radisson Rei, Blaine Bunker Wetland, Bunker Hills Regional Park, Andover llex Wetland, City Park at llex St and 159th Ave, Andover tI Pioneer Park Wet1anei, Pioneer Park off Main St., Blaine Sannerud Wetland, W side ofHwy 65 at 165th Ave, Ham Lake (middle and edge of Sannerod Wetland are monitored) Coon Creek Watershed 2005 Wetland Hydrology Monitoring Sites . ~ J u 6-136 ~ ~ - ~ ~ - ~ - - - ~ - - ~ ~ - J ~ J \ J Wetland Hydrology Monitoring BUNKER REFERENCE WETLAND Bunker Hills Regional Park, Andover Surrounding Soils: Vegetation at Well Location: Scientific Common % Covera2e Poa palustris Fowl Bluegrass 90 Polygonumsagitatum Arrow-leaf Tearleaf 20 Aster spp. Aster undiff. 10 Other Notes: In 2000 and 2004 the water table was >40 inches below the surface throughout most of the growing season. In 200S, which was not an especially dry year, the water table was never within 40 inches of the surface. Over the years this wetland seems to be shrinking dramatically. The well was placed at the wetland boundary in 1996. However, this wetland has shrunk over the years and at the end of200S the well was moved to the current wetland boundary. An additional well was placed in the middle of the wetland, which will be monitored beginning in 2006. . . . . . . . . . . .. . . . . . . '. I . ,.. . .~ . . . tI Site Information Monitored Since: Wetland Type: Wetland Size: Isolated Basin? Connected to a Ditch? Soils at Well Location: Horizon Depth Color Oa 0-22 N2/0 Oel 22-41 I Oyr2/1 Oe2 41-48 7.5yr3/4 , ~ o 2005 Hydrograph 0 -5 g -10 .c 15. -15 '" Q '" -20 :is {2. -25 .. '" ~ -30 -35 -40 ..~ \ 4" , J '--..; ~~ ~<J- ~~ .,<J- 1996 2 -1.0 acre Yes No Texture Redox Organic Organic Organic Zimmerman fine sand 4 3 g Q. 2 li .. ll. o ~~ ",<J- ~~ ,\<J- Date ..~ ~~ ~ ,,<- - Water Lewl ~., ~., f5l ,,'1i ,,<) ,," . Precip, (In) Well depths were 40 inches, so a reading of-40 indicates water levels were at an unknown depth greater than or equal to 40 inches. 6-138 I I # # # # ~ # ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ '0 Date -Water Lewl .to Predp.(in) I Well depths were 40 inches, so a reading of-40 indicates water levels were at an unknown depth greater than or equal to 40 inches. I I i I I C) I I I I I .~ 'J Wetland Hydrology Monitoring ~~ . !LEX REFERENCE WETLAND City Park at llex St and lS9th Ave, Andover Site Information Monitored Since: Wetland Type: Wetland Size: Isolated Basin? .. Connected to a Ditch? Soils at Well Location: 1996 2 -9.6 acres Yes No Horizon Depth Color Texture Redox A 0-10 1 Oyr2/1 Fine Sandy Loam Bg 10-14 1 Oyr4/2 Fine Sandy Loam 2Ab 14-21 N2/0 Sandy Loam 2Bgl 21-30 1 Oyr4/2 Fine Sandy Loam 2Bg2 30-45 10yrS/2 Fine Sand Surrounding Soils: Loamy wet sand and Zimm=an fine sand Vegetation at Well Location: Scientific Common % Coverage Phalaris arundinacea Reed Canary 100 Solidago gigantia Giant Goldenrod 20 Populus tremuloides (T) Quaking Aspen 20 Rubus stigosus Raspberry 10 Other Notes: In 2004 and 200S the water table was deeper than the well depth the entire growing season. In previous years the water level was higher. Because the wetland has "shrunk," and the wetland boundary is no longer at the well location, the well was moved at the end of 200S. An additional well was placed in the middle of the wetland, which will be monitored beginning in 2006. 2005 Hydrograph 0 -5 ;[ -10 .c 'Ii. -15 " C " -20 :;; ~ -25 .. " ~ -30 -35 -40 ..~ .,fYi '. water tabl continuousl below well . . . . . . . . . . . . . . . . . . . .. .' . . . ~. . . . . . . . 4 3 ;[ Q. 2 U e ll. o 6-139 I I C_) Lakeshore Mapping I Description: I Purpose: I I Locations: .. I Results: I " \ '--/ Shoreland areas of three lakes were mapped using satellite GPS technology. The mapping process resulted in a Geographic Information System (GIS) containing information on the type of shoreline (mowed, unmowed, rock, etc), the severity of erosion, and other features that could have an impact on lake quality. To identify areas of poor shore1and management and areas in need of erosion control, and thereafter work with those landowners to correct the problems. In 2006 the Coon Creek Watershed District and the Anoka Conservation District will be contacting those landowners to offer technical assistance in correcting the problems and help the landowners access any fmancial assistance that may be available. Crooked Lake Ham Lake Lake Netta Results are summarized in the maps on the following pages. Raw GIS data layers are available from the Anoka Conservation District. 6-147 I I -- . , . _/ I I I: I .. I I I I (..j I I I r I I I { " v , , Crooked Lake Shoreline o 0.32 Miles 0,4 0.04 0.08 0.16 0.24 I \ I Shoreline Type Unrmwed . smbuffer 466m, 10% - ~.~\~./... ....................... \...... "., ~\\1 ~\.~~, .,. . I~Cro()k~d ./ ~\' Lake........ '..il \ ..... ....fl ~'.'. .....~ '-" . ..(.<<<'-~....~.. ?,. _....~ " ., ~ .~ I............... .!)\ , \ U . ~ tf '.0 .t t I // Erosion Status Moderate erosion 454m, 9% Severe Erosion 6 tn, 1% Open Water ~ Fringe Wetlands - Roads EI PubUc Boat Access !!I Public Fishing Pier -Aquatic Vegetation (shoreline only) Shoreline Type = mowed = retaining waR ..... rock Created by the AN'XA I:IIIIVAmN D!!!!! October 2005 )!;{. .)!;{. )!;{.sand beach 111I1111I1111111 unmowed , I 10 I I I I .. I I , '0 r I ! 8 Lake Water Ouality Description: May through September twice-monthly monitoring of the following parameters: total phosphorus, chlorophyll-a, Secchi transparency, dissolved oxygen, turbidity, temperature, conductivity, pH, and salinity. To detect water quality trends and diagnose the cause of changes. Crooked Lake Ham Lake Detailed data for each lake are provided on the following pages, including summaries of historical conditions and trend analysis. Previous years' data are available from the ACD. Refer to Chapter 1 for additional information on interpreting the data and on lake dynamics. Purpose: Locations: Results: Coon Creek Watershed 2005 Lake Water Quality Monitoring Sites 6-153 , '\ \.JCrooked Lake CITIES OF ANDOVER AND COON RAPIDS, LAKE ID # 02-0084 Background Crooked Lake is located in west-central Anoka County, lying half in Andover and half in Coon Rapids. It has a surface area of 117.5 acres with a maximum depth of 26 feet (7.9 m). Public access is from two locations, at a boat launch off Bunker Lake Boulevard and at a City of Coon Rapids Park on the east side of the lake where a fishing pier is located. The lake is used extensively by recreational boaters and fishers. Most of the lake is surrounded by tightly-packed single family homes. The watershed is urban/developed. In 1990 Eurasian Water Milfoil was discovered in the lake, followed by a whole-lake treatment with fluridone in 1992 that eradicated nearly all aquatic vegetation. Eurasian Water Milfoil was discovered again in 1996. In 2002 the DNR implemented a low dose of fluridone, which has eliminated or nearly eliminated the milfoil, while tI having a lesser impact on other vegetation. In 2005 ACD staff noticed an abundance of curly leaf pondweed in spnng. 2005 Results In 2005 Crooked Lake had above-average water quality for this region of the state (NCHF Ecoregion), receiving an overall B grade; the same as in the previous six years. The lake is slightly eutrophic. Water clarity in 2005 was the second-best ever recorded. The best clarity was in 2004. Average total phosphorus and chlorophyll-a were similar to other years since 1994. ACD's subjective observations of algae levels were "some algae" for most of spring and early summer. The remainder of summer algae levels were subjectively perceived as higher and described as "definite algae." Actual measurements of chlorophyll-a were highest at the end of June and end of July, but similar on all other dates. ACD staffs' subject assessment of the lake was that there was a slight swimming impairment periodically during late summer, but otherwise there were minimal problems. , Trend Analysis :..) Twelve years of water quality data have been collected by the Metropolitan Council (between 1983 and 1998) and the Anoka Conservation District (between 2000 and 2005) with eight additional years of Secchi measurements by citizens. Water quality has significantly improved from 1983 to 2005 (repeated measures MANOV A with response variables TP, Cl-a, and Secchi depth, F2.9=14.19, p=0.002). Improvements occurred between 1989 and 1994. The only significant change before or after that time is in Secchi depth. Secchi depth was relatively unchanged from 1994 to 1998 but has an improving trend since 1998. Discussion Current threats to Crooked Lake are nuisance growth of invasive exotic aquatic plants, poor shoreline mangagement, urban runl'lff, and excessive numbers of waterfowl. Aquatic plants, including an abundance of non-native curly 1eafpondweed were matted to the surface in many near-shore areas of the lake in the spring of 2005. Because the lake is narrow and long, boat wakes are likely a significant cause of shoreline erosion and may suspend lake bottom sediments. Measures that could be considered to protect and improve water quality include correcting shoreline erosion, installing shoreline buffers of native plants, and priority street sweeping for roads that drain to the lake. 2005 Crooked Lake Water Quality Data (j Crooked Lake 2005 H Conductivi Turbidi D.O. D.O. Tan , Tan , Salini O-a T.P. T.P. So:::ciLi Sccchi F,idd.ObSl:tVatiOmY Ph sieal Rcc~onal _.limit Unit! R.L.. 5/1912005 6/112005 6/1512005 6/2812005 7/1212005 7/2712005 8/101200S 8/2512005 91912005 912312005 Av , 0.1 7.86 9.42 9.14 8.96 8.48 8.42 7.84 859 mSlan 0.01 026 0.265 0.271 0.028 0.282 0.282 0.285 0.247 NTU 1 4.00 4 6 5 4 7.00 7.00 4 0.01 8.93 8.16 8.37 8.29 8.36 8.54 7.27 8.87 % 1 108% 103% 101% 102% 97% 97% 80% 103% 'c 0.10 25.4 27.2 24.9 26.1 22.8 22.3 20.4 22.6 'F 0.10 77.7 81.0 73.8 79.0 73.0 72.1 68.7 72.4 % 0.01 0.01 0.01 0.01 0.01 0.01 0.01 0.01 0.01 u 05 27 2.4 20 11 10 11 9,7 11.6 m 0.010 0.034 0.023 0.030 0.034 0.034 0.035 0.034 0.031 /1 10 34 23 30 34 34 l5 34 31 ft 0.1 4.10 6.5 5.0 3.8 5.1 5.00 4.40 63 m 0.1 1.52 1.6 6-154 I I I ~ J - - - J I I I I I I, \ V I I I I .. I I I Ie) I I I Crooked Lake Water Quality Results =O-a Ell:lD T.P. __ Secchi (ft) o 2 4 g 6 .c 8 a 10 '2l 12 :c 14 " 16 :;: 18 Ul 20 2005 Phosphorus, Chlorophyll-a & Transparency - 0. 2- 'l' U 'C C co ll. I- 60 50 40 30 20 10 o ~~" ~<:;)" ~<:;)" r:P" ~<:;)" ~<:;)" Rl" ~<:;)" ~<:;)" ~<:;)" ~']; ~']; 4']; ~']; ~']; (1..\']; \S-fi 4']; <:8-']; ~']; 4,,03 ~ ra." ra.'\J '\\" '\~ <&" <&"" ~ <:8-'1; ~ =O-a _w __ Secchi (ft) o 2 4 6 8 10 12 14 16 18 20 Historic Summertime Mean Crooked Lake Historical Summertime Mean Values AQencv MC MC MC Me CAMP ACC ACC ACO ACO Year 95 96 97 96 99 2000 2002 2003 2005 TP 34.00 30.00 30.00 30.00 26.70 31.1 30.9 31 Ck> 10.73 9.n 10.58 16.65 12.53 14.0 102 11.6 Secchl m 1.5 1.3 lA 1.6 1.9 1.2 22 1.7 1.9 Secchi(ft 4.8 4.1 4,6 5A 82 4.0 7.1 5,5 6.3 i-" In"'", "L;k'W"~ 53 53 53 52 54 541 541 53 54 58 56 57 53 551 57 55 53 51 57 49 52 511 54 54 55 55 53 53 53 R. rtCard Yeer 95 96 97 98 99 2000 2002 2003 2005 TP C 8 8 B B B B B C.. B A B B B B B B SeeChl C C C C C C C C C Overall C B B B B B B B 6-155 g / .c a .. c :c " " .. Ul 60 0. 50 2- 40 'l' U 30 '" I!: 20 10 o '\'>I.~""~C!lo~"'o'ko'!lobto~~~~~~:~~~~~" Crooked Lake IIistorial Summertime Mellin Values Age, CAMP CAMP CAMP CAMP CAMP CAMP CAMP CAMP MC CAMP MC CAMP CAMP MC CAMP CAMP Me Y.., 75 76 n 78 79 80 81 82 83 84 85 86 87 89 90 91 94 TP 48.5 42.8 42.3 48.00 50.00 55.00 30.00 Ck> 29.20 22.70 21.69 12.97 Secchi m 1.13 0.87 0.99 1.00 1.21 1.30 123 1.13 1.1 1.2 1.0 12 1.1 1.0 1.3 22 lA Secchi ft 3.7 2.9 32 3.3 4,0 4.3 4.0 3.7 3.7 3.9 3.' 3.9 3.7 3.8 4.3 72 32 Carlson's Tro ie State Indires rrSIP oo 58 58 80 61 62 53 ITSIC 84 6' 611 56 T5lS 58 62 60 60 57 56 57 58 58 57 61 57 58 oo 56 49 56 ITSI I 61 61 61 55 Crook~ Lake Willer ~UIY rtCard y"", 75 78 n 78 79 oo 81 52 83 84 85 88 87 89 90 91 94 TP C C C B Ck> C C C B SeeChl C 0 0 0 C C C 0 0 0 C 0 0 C C C Overall C C C B I , 'U I Carlson's Trophic State Index ~DlJIIlIl: IDIOftOltE DDlmm: JnftUtJDoIsa: , :1111S:m154GU.JlDel.l'lllnlll ~ IUDI I :;};:,f;':i :;:k. \:d>;::>'t;:~;:; 'I;~:~ :;:~ :..~ ~~;;;;: l~;:~~~~t;:;; ;:A:';; ';: 1;~,:':;~;:1 d' ,rl,f',',4,1_' ~",I,_,~~, _",ql -:: ,':<;' 'I' H'H: 'k,."\f;;I'::':<':<I'",:;';-f:1 g-' ,_,I.~~4f~_311, ~"lnl ,If II ""~'~:";<;f:'::;I:<HulJ:::lJ /,:):;.',/:.'1;, 1:;/.1 J J 7 Ie 11 Z2!3D .. 51111 IlIDIGIIl IJlI -?- 11:.\::1/::'/'::,:1 '11.:':I:!d.i:j' 1,:1"1 'I L \ U I I I I .. Locations: Results: I I I IU I I I I I I I .\ V I I Stream Water Quality - Biological Monitoring Description: This program combines environmental education and stream monitoring. Under the supervision of ACD staff, high school science classes collect aquatic macroinvertebrates from a stream, identify their catch to the family level, and use the resulting numbers in mathematical equations that summarize water and habitat quality. These methods are based upon the knowledge that different families of insects have different water and habitat quality requirements. The families collectively known as EPT (Ephemeroptera, or mayflies; ~lecoptera, or stoneflies; and Irichoptera, or caddisflies) are pollution intolerant. Other families thrive in low quality water. Therefore, a census of stream macroinvertebrates yields information about stream health. To assess stream quality, both independently as well as by supplementing chemical data. To provide an environmental education service to the co=unity. Coon Creek at Andover High School, Andover Results for each site are detailed on the following pages. Purpose: Tips for Data Interpretation Consider biological indices of water quality in concert rather than alone, as each gives only a partial picture of stream condition. Compare the numbers to county-wide averages. This gives some sense of what might be expected for streams in a similar landscape, but does not necessarily reflect what might be expected of a minimally impacted stream. Some key numbers to look for include: # Families Number of invertebrate families. Higher values indicate better quality. EPT Number of families of the generally pollution-intolerant orders fulhemeroptera (mayflies), ~lecoptera (stoneflies), Irichoptera (caddisflies). Higher numbers indicate better stream quality. An index that utilizes known pollution tolerances for each family. Lower numbers indicate better stream quality. Fami1v Biotic Index (FBD , FBI Stream Ouality Evaluation 0.00-3.75 Excellent 3.76-4.25 Verv Good 4.26-5.00 Good 5.01-5.75 Fair 5.76-6.50 Fairly Poor 6.51-7.25 Poor 7.26-10.00 Verv Poor % Dominant Familv High numbers indicates an uneven co=unity; likely a poorer condition. 6-163 o Biomonitoring COON CREEK at Andover High School, Centerville Last Monitored By Andover High School in 2005 Monitored Since Fall 2003 Background Coon Creek originates in the southern part of the Carlos tI Avery Wildlife Management Area in western Columbus Township. It flows west, then south, and empties into the Mississippi River at Coon Rapids Dam Regional Park. Coon Creek has a number of ditch tributaries. Land use is an approximately equal mix of residential and vacant/agricultural with some small co=ercial sites. The land use immediately surrounding the sampling site is residential on the south side of the creek and the high school campus on the north side. A vegetated buffer 20-100 feet wide is present at the sampling site, and is typical elsewhere. The banks are steep with moderate to heavy erosion in spots. The streambed is composed of sand and silt. The stream is to 2.5 feet deep at baseflow and approximately 10-15 feet wide. D , '\ Results , 'J Andover High School classes monitored this stream in both spring and fall 2005, facilitated by the Anoka Conservation District. The health of this stream would be characterized as "slightly below average," based upon the four times that this stream has been monitored. Although there were a high number of families found (22 in fall 2005), few of those families have a high sensitivity to environmental degradation. The dominant family in three of four samplings has been corixidae (water boatmen), which are generalists that have a low sensitivity. The Family Biotic Index score of7.5 in fall 2005 is the poorest so far for this stream and is interpreted as "very poor." Stream biomonitoring was conducted in both spring and fall of 2005, but the spring data was not usable. By the time the captured invertebrates were ready for quality checking by Anoka Conservation District staff, there were too few invertebrates in the sample to ensure they were representative of the stream co=unity. It is unknown whether some of the invertebrates were misplaced during classroom identification or if a poor capture rate actually occurred but was not noted in field notes. Summarized Biomonitoring Results for Coon Creek in Andover 1_ # Families = EPT ____FBI I 20 0 16 2 .. ~ G Q. " w 12 4 .5 - 0 .!! " 0 ~ iii E 8 6 ~ " E ... .. " ... 4 8 U 0 10 2003 2004 200. Mean 6-164 I I I I I I I I I I I I I I I I I I L, J I I i I I .. I I I ICJ I I I I I I I , (j I I Biomonitoring Data for Coon Creek in Andover Year 2003 2004 2004 2005 2005 Mean Mean Season fall spring fall spring fall 2005 Anoka Co. 1997-2005 Anoka Co. FBI 7.10 4.80 7.20 7.50 6.1 5.6 # Families 21 13 14 22 14.5 13.2 EPT 6 4 4 6 4.0 4.4 Date 21-0cl 10-May l~cl 2-May 17-0cl sampling by AHS AHS AHS AHS AHS sampling method MH MH MH MH MH # individuals 267 89 130 Inadequate 301 # replicates 2 1 1 sample 1 Dominant Family corixidae baetidae corixidae corixidae % Dominant Family 46.4 48.3 50 53.5 % Ephemeroptera 6.0 51.7 4.6 9.0 % Trichoptera 16.5 11.2 22.3 5.0 % Plecoptera 0.0 0.0 0.0 0 19-0ct-04 9.45 0.379 22 na 9.83 0.02 0.01 14.5 7.9 2-Ma -2005 8.72 0.357 11 na 0.01 5.9 10.07 Discussion The supplemental stream water chemistry readings taken during biomonitoring indicate a higher than expected level of dissolved pollutants. Conductivity and salinity were similar to, though not as extreme as, some urbanized . streams at the same time of year. The source could be road salts, failing septic systems, and/or chemical wastes. Turbidity was also high. j, 6-165 Coon Creek Watershed Financial Summary Coon C...kW...rW.d _on< ..... LaDuYIIls ~D. ..... Shcnl.,d Lili w.... ....... StrwarnWahI, "".... ....... T.... tI Lo..... C.... t..v." ........ """Illy Blomonitorfng """DIy Monitoring R.wnu.. CCWD 3225 1000 750 1575 2401l 1780 880 no 500 2700 0 0 283 0 0 0 0 0 0 170 1 0 2 441 0 0 0 0 0 801 187 252 0 0 0 0 727 173 0 0 0 52 1915 1175 <53 1574 2400 2835 21 11 '8 '54' '94 380 844 1320 134 85 33 54 73 1115 13 10 . 13 , 17 10 28 17 8 ,. 15 22 15 57 41 18 45 27 57 38 24 19 13 . 14 10 20 12 14 2 5 4 11 0 8 . 0 0 0 0 0 0 0 0 40 0 0 0 24 0 59 51 1035 TOTAL 2244 1915 1175 <53 1263 97' 2.35 1074 24822 N 981 0 0 0 311 1422 0 0 2714 c ) Financial Summary -~ ACD accounting is organized by program and not by customer. This allows us to track all of the labor, materials and overhead expenses for a program, such as our lake water quality monitoring program. We do not, however; know specifically which expenses are attributed to monitoring which lakes. To enable reporting of expenses for monitoring conducted in a ~-) Recomme~dations }> Continue monitoring Coon Creek water quality for 1-3 more years to establish a baseline understanding of the creek's water quality. }> Follow up on the 2005 1akeshore mapping by contacting landowners who have shoreline management problems and offering technical and financial assistance. . }> Expand the reference wetland monitoring network to include ditched and altered site, because these are the types of wetlands most often targeted for development activities and are the most difficult to accurately evaluate. }> Improve annual analysis of all data, but especially reference wetland records to expand their domain of applicability. 'J '--...- specific watershed, we divide the total program cost by the number of sites monitored to determine an annual cost per site. We then multiply the cost per site by the number of sites monitored for a customer. The process also takes into account equipment that is purchased for monitoring in a specific area. }> Emphasize water quality monitoring on Crooked Lake to help evaluate MNDNR experimental Eurasian Watermilfoil control efforts. }> Work with the Cities of Coon Rapids and Andover to ensure priority street sweeping for streets draining to Crooked Lake. }> Provide educational opportunities for shore1and property owners on septic system care, low impact lawn care practices, and restoring their shoreline with native plants. }> Coordinate the ACD and CCWD's stream monitoring program with cities' efforts to detect illicit stormwater discharges 6-168 J I I I J J I I ~ I J ~ J ~ I '- I 10.:.0. I I I \ C I T Y 0 F NDOVE G) , , -' 1685 CROSSTOWN BOULEVARD N,W. . ANDOVER, MINNESOTA 55304 . (763) 755-5100 FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US CC: Mayor and Council Members ~ Jim Dickinson, City Administrator~ David Berkowitz, City Engineer TO: FROM: SUBJECT: Accept Trail Easement/l st Regents Bank - Engineering DATE: April 18, 2006. INTRODUCTION The City Council is requested to accept a trail easement from Andover Associates, LLC (owner of 1 sl Regents Bank). ( ) DISCUSSION A bituminous trail is proposed along the north side of Bunker Lake Boulevard NW between Jay Street NW and Hanson Boulevard NW as part of the Hanson Boulevard Improvement project. The trail easement was required adjacent to 1 sl Regents Bank as part of the original Commercial Site Plan (CSP) when the bank was constructed. BUDGET IMP ACT The easement was a requirement of the CSP, so the cost to acquire the easement is $1.00. ACTION REQUIRED The City Council is requested to accept a trail easement from Andover Associates, LLC (owner of 1 sl Regents Bank). Respectfully submitted, lJ~Q? n,-~ David Berkowitz:C:~ ./ / Attachments: Easement Grant & Easement Drawing cc: Tony Emmerich, Andover Associates, LLC, 1875 Station Parkway NW, Andover . \ "'--) ~ ,~ EASEMENT GRANT . 7th April THIS EASEMENT, made this day of , 2006, by Andover Associates, LLC, a Minnesota limited liability company, Grantor, to the City of Andover, a municipal corporation, (Grantee). WITNESSETH, that Andover Associates, LLC, for value received as Grantor do hereby dedicate to the City of Andover an easement over the land located within the City of Andover, County of Anoka, State of Minnesota, described as follows: An easement for public trail purposes over the north 5.00 feet of the south 25.00 feet of the east 20.00 feet of the following described tract of land and over that part of said tract of land lying south of a line parallel with and distant 20.00 feet northerly of the most southerly line thereof and its westerly extension, said tract of land is described as follows: All that part of the Southeast Quarter of the Northeast Quarter of Section 34, Township 32 North, Range 24 West, Anoka County, Minnesota, described as follows: '. Commencing at the southwest comer of said Southeast Quarter of the Northeast Quarter; thence on an assumed bearing of North 00 degrees 14 minutes 51 seconds East along the west line of said Southeast Quarter of the Northeast Quarter, a distance of 309.76 feet; thence South 88 degrees 18 minutes 29 seconds East, a distance of 32.01 feet to its intersection with a line drawn parallel with and distant 32.00 feet east of said west line of the Southeast Quarter of the Northeast Quarter and to the point of beginning of the parcel of land to be described; thence continuing along the last described course, a distance of 319.42 feet; thence South 01 degree 41 minutes 31 seconds West, a distance of 242.00 feet; thence North 88 degrees 18 minutes 29 seconds West, a distance of 284.07 feet; thence northwesterly a distance of 46.37 feet along a tangential curve concave to the northeast having a radius of 30.00 feet and a central angle of 88 degrees 33 minutes 19 seconds to its intersection with said line drawn parallel with and distant 32.00 feet east of the west line of the Southeast Quarter of the Northeast Quarter, thence North 00 degrees 14 minutes 51 seconds East tangent to said curve along said line drawn parallel with and distant 32.00 feet east of the west line of the Southeast Quarter of the Northeast Quarter, a distance of 212.82 feet to the point of beginning of the parcel of land described. . \ '. / '---./ Total consideration: One and no/100 ($1.00) Dollar. 1 / '\ V ~J C) State Deed Tax Due: None IN WITNESS WHEREOF, the parties have hereunto set their hands this ~day of l7-pil!J I ,2006. ANDOVER ASSOCIATES, LLC By: lttc14~r Its: By: Its: STATE OF MINNESOTA ) COUNTY OF ANOKA ) ) ss. This instrument IlrI!J / and - 7 day of {? MoW! ui e.A and limited liability was acknowledged before me on 2006 by !-J",..;.J.,o"':J J. the U( e? rr1....,.. j4'/" of Andover Associates, LLC, a company under the laws of Minnesota on behalf of the corporation. -Kkk- .1, ~~ Notary Public NOTICE IS HEREBY GIVEN that the City of Andover, County of Anoka, State of Minnesota, has accepted on , 2006, the above described easement in this document. Dated: CITY OF ANDOVER (SEAL) By: Clerk 2 <J o u THIS INSTRUMENT WAS DRAFTED BY: William G. Hawkins and Associates 2140 Fourth Avenue North Anoka, Minnesota 55303 (763) 427-8877 THIS INSTRUMENT WAS DRAFTED BY: William G. Hawkins and Associates 2140 Fourth Avenue North Anoka, Minnesota 55303 (763) 427-8877 3 I""'.'~'-"'''''''''''~'~'"~''''''I'~''''''-'' '" m""~~_ _.~,,_. /'"', ",.."t<. ~.. ~ .""'~~~ ...... ,,'ooJ ~!j'~~~;;" ~' ;~~.:qg~~.:?f~ .: r- -'---"-:0..1 ! f~1i~~~~;~'&~~li~~' ~!~ll ~ " \~I ~ k-11i ~~tl ~ I",' 1~! ~ ~i f~~'! ~i ;, -',~: :;'" -:1 ;'~zi I L _"' ~:gl - "'""1 ..;;;..i , .., '-.../' \ ,,~ !..... ~ .g c::: -q: ...... a ,0 '- (j o 6: ~ ~ j::: 9: ~ fB C) -.I ~ Lu -.I ~ <::( t5 j.::. ~ (J) OO~;-SSL -f9L torGc:I Nrt 'J9I\OPUV pJOMlln08 UMO\SSOJ:) g89L ,(llJOLll"V lUliWdor8^&Q ::lIUJOUO::l3 J91\OpUV "- -+- - " i ~ ': I!:" I!" " " , f.j .~, ~ -, , -- "- -- ='::~:.-~- :,,---J I -- 1.'-- .,,,; '.",e",' "~fPl~ 11N3r13SV3 l1VW. 03S0dO~d V10SJN~NnoO V>lQNV ..~ 'ij 'It '.1 '~t ':l3S t/L3N - t/l3S 3Hl .:10 UIVd "-tt,,, I l---{;U-1>OOl f".-o...t '.."N " '! J ..;"'''' ~.~~ m t:~l .., .eo; I; '-- iD .;,i d z > ~ :c '" J: o <( w ... ;-: en > ... Z => o ~ o 0: ~ w :-'.~:-r 0~ B '-~~ ~ ~ ~ ~ ~ ~,.,~: ~ I ~'~~:~eNI "..~, ~-' - I, _ ___.Y> , ,-!.' = : ~ I Ai i _~ . '~, ;: ,,1. ; i, ~ ' 'I,: I {~ " r ;~ q ~ ,;,,- !t ~U'- ~l;" . -_ :L}~~ \ , \ L_._ ., '", __I _._~.~--_ -----"-~"~-~~~1=_~=_ .-,~tL~=-_.~_n .. ;/;, ~..;J. ~:;~ ;.:~.~' th~S~ ---~-::= --, I ____ I ------- - --1 ..1-. / ! "k ""'-...... , , "- " v o o @ 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER. MINNESOTA 55304 . (763) 755-5100 FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US TO: Mayor and Council Members cc, J;m Dklci=n, C;ty Adm;n;_t~ C> FROM: David D. Berkowitz, City Engineer SUBJECT: Approve Resolution Authorizing County Use of EasementJ04-23/Reconstruction of Hanson Blvd. NW & Bunker Lk. Blvd. NW - Engineering DATE: April 18, 2006 INTRODUCTION The City Council is requested to approve the resolution authorizing Anoka County joint custodianship of a permanent City easement associated with the improvements of Hanson Boulevard NW, Project 04-23. DISCUSSION The Anoka County Highway Department has requested joint custodianship of existing City drainage easement for the proposed improvements for Hanson Boulevard NW. In order for federal funds to be expended on this project, the acknowledgement of the joint use of the easement is required. The joint custodianship will not impact the City's use ofthe easement. ACTION REQUIRED The City Council is requested to approve the joint custodianship of the referenced drainage easement for the above noted project. Respectfully submitted, O~Q. David D. Berkowitz ,/",./' ",./' Attachments: Resolution, Exhibit A & Proposed Right-of-Way Plat cc: Mike Kelly, Chief Right of Way Agent, Anoka County Highway Department, Government Center #224, Anoka, MN 55303 , ,j ,~) . '\ V CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. RESOLUTION DEDICATING CITY OWNED PROPERTY FOR PROJECT PURPOSES WHEREAS, the City Council of the City of Andover is the official governing body of the City of Andover; and WHEREAS, the plans and specifications for the reconstruction of County State Aid Highway No. 78 (Hanson Boulevard) between 12151 Avenue NW in Coon Rapids and 1391h Avenue NW in Andover and County State Aid Highway No. 116 (Bunker Lake Blvd.) between Jay Street NW and Wintergreen Street NW, are designated as Anoka County Project No. S.P. 02-678-16, City Project No. 04-23; and, WHEREAS, the plans and specifications for the Project require the use of various lands for the project; and, WHEREAS, the City is the owner of said properties, described in Exhibit "A" (*) attached hereto, which parcels are required for the Project improvements: NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF ANDOVER: 1. That said properties are hereby dedicated to be used for the purposes of the Project as set forth in the plans and specifications. Adopted by the City Council of the City of Andover this April ,2006. 18th day of CITY OF ANDOVER ATTEST: Michael R. Gamache - Mayor Victoria Volk - City Clerk .".-J , , '.~ '\ ,..-) \ EXHIBIT "A" ANOKA COUNTY HIGHWAY RIGHT-OF-WAY PLAT NO. 68 PROJECT S.P. 02-678-16 "* PARCEL NO. PIN NO. PROPERTY OWNER 38PE 34-32-24-44-0015 CITY OF ANDOVER 41PE & 4ITE 34-32-24-14-0011 ANDOVER ECONOMIC DEV.AUTHORITY 44TE 34-32-24-11-0008 ANDOVER ECONOMOC DEV. AUTHORITY 56TE 34-32-24-11-0004 ANDOVER ECONOMIC DEVELOPMENT AUTH. 63TE 34-32-24-11-0007 ANDOVER ECONOMIC DEVELOPMENT AUTH. r>-. i,._) n"~~nn~ nJt1J"}Hi I ~~~f~ iPi fihii { , i " " i "" l' :_1 :' I I~ l.. : 011:;;1 . ! I ~. ~ , C) ;0 ... 1J ;l; . 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'" ).~ \oJ.J.l ,'_I , , ,. .. .('J;J,f..:...... I " :~.t ." 5"!" I ~ilil~ I' ;S " 1~.t !i!~ "'''~i g II. .;QlI", - ---- I.C 7338Vcl - - ---ICfi.ii i:.~;---, -==~KII___ _~IS-__ --__ (9 H "ON "HYS':>> ____.. ___~A3'1nos 3>lV1 HDlNnS 1.1..~--______ J -, .. o ---~ CI'n -.., ---_-...!.~.,~ .. _ _ ].l....~ggs (9:w c SU]HS ])S) --.!!..w~ .0" 3NIl H:Jl VVi '" Ul ::r <1) ~ LJi -- 8 () --- -:--~ ! g i i ~ ~ )>G)..; )> ." ~)-rJ)> 8 {~E'5-~ (I ~Irq-j ,,):;~ (/) , . : ill S: ;: i,lf. ---..I rq () ,- ~- o II: t .- .- () o o c:) " ~ ;S Yj~L -r1 iv~~ ~-:... ':'~(5r- "T. (/) , ~ II I I , -r1 ~- r-B~ ~/) -". () ~.) ::. ~ v J;)wL " .- tl .: )> -~ -~ c:i ~~ ~, )> -r1 ~- 0 rq -". ,- )> III () -r1 ~- r'l (/) j! ~I ~ i ~ ~ )> -0 0)> I CJ~~ I -. -, t -~' , ~;!ji · ,- N -..;.~~ S - - - -l~lt. ~ 1111. ~ ~ ~ ~ ~ n ~~ -1~ f~ ", -: ~ ) ~.~ ~~ ~~ ~~ ~r ~~ ~ ~ ,~ I ,'~ ~ ~ r . 1 i: i L \- ~ ---- ---- " CITY OF NDOVE ~ 'J 1685 CROSSTOWN BOULEVARD NoW. . ANDOVER, MINNESOTA 55304. (763) 755-5100 FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US CC: Mayor and Councilmembers Jim Dickinson, City Administrato~ Will Neumeister, Community Development Director C~ TO: FROM: Andy Cross, Associate Planner SUBJECT: Approve Final PlatlKensington Estates 7th Addition-Planning DATE: April 18, 2006 INTRODUCTION The City Council is asked to approve the final plat of the project to be known as "Kensington Estates 7th Addition". , , .-J DISCUSSION The final plat is found to be in compliance with the preliminary plat and applicable ordinances. All comments from staff have been addressed. ACTION REQUESTED The Council is asked to adopt the attached resolution approving the final plat with conditions. Respectfully submitted, dr Attachments Resolution Location Map Council Minutes - February i\ 2006 Preliminary Plat Resolution Final Plat (full size plan in packet) Cc: Jeff Wheeler, Kensington Inc., 15670 Raven St NW, Andover, MN 55304 -' - \ o CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO R A RESOLUTION APPROVING THE FINAL PLAT OF "KENSINGTON ESTATES ih ADDITION" FOR KENSINGTON, INC.ON PROPERTY LOCATED IN SECTION 27, TOWNSHIP 32, RANGE 24, LEGALLY DESCRIBED AS: Outlot B, Kensington Estates 4th Addition, Anoka County, Minnesota. WHEREAS, the City Council has approved the preliminary plat of the project to be known as "Kensington Estates ih Addition"; and WHEREAS, Kensington, Inc. has presented the final plat of Kensington Estates 7th Addition; and WHEREAS; the Andover Review Committee has reviewed such final plat for conformance with the preliminary plat. / NOW, THEREFORE, BE IT RESOLVED by the City Council ofthe City of Andover to hereby approve the final plat of Kensington Estates 7th Addition contingent upon receipt of the following: 1. The final plat shall conform to the plan stamped received by the City of Andover on April 10, 2006. 2. The developer shall be responsible for the cost of construction of all improvements approved as a part of the preliminary plat. 3. Park dedication and trail fees shall be paid as determined as part of preliminary plat approval. 4. Such plat approval is contingent upon a development agreement acceptable to the City Attorney. A financial guarantee will be required as a part of this agreement to assure all of the subdivision improvements will be completed. 5. Subject to final review by City Stafffor compliance with City ordinances, policies, guidelines and conditions of preliminary, landscape plan, and final plat approval. 6. Developer is responsible for obtaining all permits from U.S. Army Corps of Engineers, DNR, LGU, watershed district, MPCA and any other agency that may be interested in the site. 7. Subject to all conditions of the preliminary plat resolution (R019-06) dated February 7,2006. , , Adopted by the City Council of the City of Andover this 18th day of April, 2006. CITY OF ANDOVER ATTEST: . '\ 'J Victoria V olk, City Clerk Michael R. Gamache, Mayor -2- ~ - --.. --- '-./ Ci z UJ Cl ~ UJ "' ...J ~ ll. .. <( ... ::ED CD r.i ...J ..J !i on (!) o " on 0 0> o N 'C _~~UJ l!~~.~ o ;;;: ~ .::: fg iD 2 ':':: ~ ~ ~ ~ .s g. ~ g .....:Eccn E . :I: :;; E '. ~ is ... m ::; :;; 1" "' " " ==r-r-i,'COR: ' // / ;U1J /;/ .J: //1 0' /.~/ r // . '-\' ~ // \ <f--1 (( I I J; ,I /; f- i Ii )1 ! ;! $,jE. I / / I II 1/ /1 _____..... '",1 i \ ! ii, I i / r-" '_" ~/ t"j)..'{sk,vdT\lrl i I / I~ '-.. ^' /----- / I I '........ ".-J / ",- J I Ii i-l , / / / "'" ~ \ ~ I ''-, / /, '..~r-"'-;S / I r "'-, ' I .---, /'v ,'-0>1 >--- at- / / / ~ /- I I H' >' , ~ '\----1 '/(':l~' / ;' / ! ') ~ <( ! I L-._~' Lj~" / ':'--- /Z"\...., \/..\ ./\~"\./ I! I ~ \ /,,,,,,,,,,,- ES'" ,0 '---' '-Trn.J Y"'" \-/'--.L...i I ~ ~ '::..*-" v ~Gk C'>I 3/ '- iJ ""t--i' \ /, i /' lz.....,~\4~Y(,\~~<~<l: 1- Irn'tt5-~ ~-(J~~3tJ6~/jl~~d? 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(if I \-~:' I ; l rrs'/ii!)~~~/,\)5,>?z:T tt, "i ~ .~ l?r, ,Hi,II' I -n,l- \i-h' ,\ , / "'~ /,)),<..-1 -.J ,I, \)--L,-\ "--n'l"L' _.J.,__\ '\-'- .)gJ ,>-~" '~:tJ;.( " , '< ^ ! r-- \ I! i \ \ , ,) I' 18 /" ?'),/ ,/ ,^!- v I'~ ; \ \ \ \ ' ii' \ . 1 <:lf~ ' i' ,I )." f( /":"'<"..5';' /\ "/Y'-''; I \ '\' '--'1.:s:J:a^ -"-..\ \ J?J I il/~\.L., 1/",x/>>^,1(~~ ~,)>k9<v~~)." , \Y<:/ '<.. /''!- :;;",/\ \/~'-- \-r=--:] g .LSRSw 2<. ~" ' x/ /\<y. / ""-/ N[ \ \ )..-....--" -.. i___i /~ ~ , fT!:~' "';'v' '."',''y>,,,>?~.<.'<-~ ~>j> /"..........,/'-'// '>,' V?"\, /::::--1 J,-l~k'~/ ~ ==1, "'....~ ' ~-";:7" \v"\ \ /' yo' , / /'\' \/'- "'J I Ii '",/0.::,/ ~ . y ./' ,/ . :"('~ "".' -I '-_ i / '....' 10),(' " / /.......',j<, ) i \ ,/\V' ; /"'- ,~........ / ...-1.~, \,>.:;::.o/',,/,-,~/r>:r ~'~ ,___ , f---i " >/ /-r;\ '.... /"........ '/ ',Y./ > '</....... />iY-.....,,;,/ i /{ \ \ .>~li, / j;---! __ ,I '. Y.' , "\ . Yo', y /....,' ,,,":l /, I {\ \ ' \,.....<S> ,;-, 1----0 '- ,r '...""- ,,""./ /' . ! \ \ ' \,...-/ ,,~' ".,. / ! f ~ . . " ..... no U -3- ~ -.I /\ \.J ~ ~ ~ ~ ,~ ~ /', G , '\ <...J Regular City Council Meeting February 7,2006 - Minutes Page 6 PUBLIC HEARING/VACATION OF STREET RIGHT-OF-WAY/15 T. Mr. Neumeister informed Council that this needs to be vac needed. nded by Trude to close the public hearing. Motion carried. ght, seconded by Jacobson to adopt the resolution vacating the road right- 157th Lane NW. CONSIDER PRELIMINARY PLAT/KENSINGTON ESTATES 7TH ADDITION Mr. Neumeister explained that this is a 12-10t subdivision on a 6.4 acre parcel located to the west of the WDE Landfill. It's within the Metropolitan Urban Service Area and sewer and water are available. The property is currently zoned R-4 and no rezoning is necessary. Councilmember Ortte1 asked what the status is of the westerly portion of the property along Osage Street. Mr. Neumeister stated it would be primarily a ponding area and buffer to the landfill. Mr. Berkowitz also noted that it's city property and not part of the plat. Lot 3, Block 1 goes all the way along the side of the plat. Councilmember Trude felt it's going to be a matter of maintenance and care. The people on the bottom end of the cul-de-sac don't want to look at un-mowed grass that they don't own. She suggested that the lot be divided differently, perhaps dividing it in half and attaching one-half to Lot 3 and one-half to Lot 4. Mr. Berkowitz explained that the developer has tried to figure out how to use that space. The city's intent would be to make sure there's about an 8 foot boulevard maintained. He felt that the remainder of the site would be left to grow natural as part of the ponding area. Councilmember Trude stated that logically it would make sense that the person on the bottom of the cul-de-sac would mow that area. Councilmember Knight asked if this is going to be a wet wetland. Mr. Berkowitz stated ~ -1- / '\ o ~~ o Regular City Council Meeting February 7, 2006 - Minutes Page 7 it is a dry pond, but there would be water there at times. If there are any complaints regarding the maintenance we would refer those to Code Enforcement. Jeff Wheeler noted it was their intention by making it a drainage and utility easement on Lot 3 all the way down would prevent anyone from putting any structures on it. They felt the ordinance for keeping the grass mowed would cover the other issues. Councilmember Knight asked what the negative part of drawing the line differently would be. Mr. Wheeler didn't think it would affect the marketing. Counci1member Jacobson asked for clarification on where the trail would go. Mr. Berkowitz explained that as part of the development the developer is to construct the trail northeast to The Oaks park. Mr. Berkowitz also noted that they spoke to the PCA and they are not in favor of the trail running along their fence line because of the possibility of vandalism; however, the city has the authority to put a trail on park property. Councilmember Trude asked if this would qualify for a federal grant. Mr. Berkowitz felt it would be difficult to receive that funding. The ones we have received in the past have run from one major roadway to another. Motion by Knight, seconded by Trude to move the resolution approving the plat with the addition to Item #8 "That the vehicle maintenance access at the southern end of Osage also be called a trail easement". Also with the addition ofItem #9 "By the fma1 plat the lot lines will be adjusted for Lot 3, Block 1 and Lot 4, Block 3." Motion carried unanimously. (Resolution R019-06). ~SIDER CITY CODE AMENDMENT/DRY CLEANING PROCESSING IN -. COMl.rERCFAL.-DIs:;rRICTS -""...''IOIO-'''''-~,....... """~"'~~ ~................ ,.......-- Mr. Neumeister explained that Coynci1,-ar~.raJ;1Eary 17,2006 meeting, asked for a refmed definition forJ)ry-eteaning Processing. The~appli&.ant would like "other chemicaJs usediilthe dry cleaning process" added. He wouidarstN~ include ',up to'~different drop off sites. "------'" _'c-_ ..... , '\ J ,-.J o CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO R019-06 A RESOLUTION APPROVING THE PRELIMINARY PLAT OF "KENSINGTON ESTATES 7TH ADDITION" FOR KENSINGTON INC. ON PROPERTY LOCATED IN SECTION 27, TOWNSHIP 32 RANGE 24 LEGALLY DESCRIBED AS: Outlot B, Kensington Estates 4th Addition, Anoka County, Minnesota WHEREAS, the Andover Review Committee has reviewed the preliminary plat; and WHEREAS, pursuant to published and mailed notice thereof, the Planning Commission has conducted a public hearing on said plat, and; WHEREAS, as a result of such public hearing, the Planning Commission recommends to the City Council the approval of the plat, and; WHEREAS, the applicant has petitioned to vary from City Code 12-3-4 to allow Lot 2, Block 1 to have a width of 72 feet at the front setback, and; WHEREAS, the Planning Commission recommends approval of the variance based on the finding that the 200-foot no-build buffer surrounding the WDE landfill imposes significant restrictions on this piece of property, and; WHEREAS, the Park Dedication Fee for Kensington Estates 7th Addition was paid in full as a part of the Kensington Estates 4th Addition plat, and; NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby approves the preliminary plat subject to the following conditions: 1. The Preliminary Plat shall address all comments from the Engineering department and Community Development prior to City Council approval. 2. The developer shall pay a Trail Fee of $7,080. 3. The developer obtains all necessary permits from the Coon Creek Watershed District, DNR Corps of Engineers, LGU, MPCA, Anoka County Highway Department and any other agency that may be interested in the site. 4. The developer shall be responsible for the cost of construction of all improvements proposed as a part of the preliminary plat. 5. Contingent upon staff review and approval for compliance with City ordinances, policies and guidelines. -(- / '\ 6. V 7, 8. 9. Such plat approval is contingent upon a development agreement acceptable to the City Attorney. A financial guarantee will be required as a part of this agreement to assure all of the subdivision improvements will be completed. A variance to City Code 12-3-4 to allow Lot 2, Block I to have a width of 72 feet at the front yard setback is hereby approved. A separate trail easement shall be required on Sheet 1 of6 east of Lot 3, Block I and on Lot 4, Block 3, which must be submitted as part of the final plat. The plat shall be modified to make Lot 3, Block I end at a point just north of the ponding area. Lot 4, Block 3 shall be enlarged to accept the additional area from Lot 3, Block 1. Adopted by the City Council of the City of Andover this 7th day of February, 2006. ATTEST: /f ~ IJjb '---r_ -","~.-A ../.-/.1. Victoria V olk, City Clerk CITY OF ANDOVER ~~ /-:::?' /1' or':-- ..c:..",,>--~ ./" .r.rv--?-~ L--7-'.--'."" /~z;_ {Michael R. G ache, Mayor "J (j -7- ::.J C) z o h ...... Q Q -.::c: ~ ~ kl/ \J) \J) ~ ~ \J) kl Z o h c..J ~ ~' ~ r ') \......,. V N 0:::<(0; W~- en >00::: OZ . O<(N Zt...1") <( 0 ci. t...>-~ 01-1- >- Z'. I-=>I"- -ON () () . o ., Ul co ~ o ~ "t >-< 0... o (;.) is:: ~ ::::.: kl ~ -' 5 ~ .. i (; id ~ ~~ &! ~- ~ g~ ~i' ok: '0 :0 ~~ j ,~~ ~! i ~~ ~; ~ '3tl: .cc g ..,8 ~:i e 82 ~5 ~ li -. E =i ~ ~ i ~~ ~ ~t; cse li lo..e ~ ! I i ~ ~ ~ I ~ tJ h-l ~ . 1 ~ o~ ~ 1 ! I 11 f. -t iJoJ Hi H! H. 01! J;tii -1 is :1 t" m! ~ ~ . ~ :i! ~ . ~ . . ~ -r- I I I I I I I f- I L I I ~ I ~ I ~ I r I I I I I I -!! - g~ .ij U . n~ I ! +r- I ti~ F;~ +r I . ~ g~ .~ . -r~r ~ -1 I -1 I d-~- a ~. · I E~' ! g n~ k ~ '~--I'''U I R ~ , a . -$- u :i~ ~ ~5g ~ ~.i v ~~ - C' .. " " :I U / ~) ( '\ \.....) \ \..j 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304. (763) 755-5100 FAX (763) 755-8923 . WWW.CLANDOVER.MN.US TO: Mayor and City Council CC: Jim Dickinson, City Administrator FROM: Vicki V olk, City Clerk SUBJECT: Approve 3.2% Malt Liquor On-Sale License/Woodland Creek Golf Course DATE: Apri118,2006 DISCUSSION The owners of the Woodland Creek Golf Course have applied for a 20063.2% malt liquor on-sale license. The appropriate fee has been paid. ACTION REOUIRED Council is requested to approve the 3.2% malt liquor on-sale license for Woodland Creek Golf Course effective from April 19, 2006 to December 31,2006. Respectfully submitted, ~'U.d Vicki Volk City Clerk C!) @ '~ 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (763) 755-5100 FAX (763) 755-8923 . WWW.CI.ANDOVER.MN,US FROM: Lee Brezinka, Assistant Finance Dire Brian Kraabel, Public Utilities Manager TO: Mayor and Councilmembers CC: Jim Dickinson, City Administrator SUBJECT: Amend Fee Ordinance No. 318 DATE: Apri118,2005 INTRODUCTION Legislation was passed in 2005 that allows the Minnesota DNR to collect an additional $20.00 per million gallons of water pumped during the summer months of June, July and August over and above what is typically pumped in the month of January. During this three month period, the amount of water pumped equaled 50% of water pumped for the entire year. This amounted to an increase of $6,650.60 to the City of Andover's water appropriation permit for 2005. ~) DISCUSSION The summer water use surcharge was set to try and reduce the difference between summer and winter water usage. It is also meant to generate revenue for the DNR to improve water conservation programs and to investigate other water issues facing communities within the State of Minnesota. This past year, the amount of water pumped in the summer months was approximately five times greater than the month of January. In order to cover this additional fee, adjustments to the water rates are needed. The rates would remain the same for the first four tiers and then be increased for the final three tiers. It is unknown at this point if the rate increase would decrease the water used but it will cover the additional costs for the appropriations permit to the DNR The highest water users would be paying for the majority of the fee. BUDGET IMPACT By adding $.05 per 1,000 gallons to the last 3 tiers of the rate structure, an additional $9,000 of revenue would be generated to cover the cost of the increased fee. The increase would start at the 20,001 gallon range for customers on a monthly billing cycle and at the 60,001 gallon range for quarterly bills. This rate change would be effective July 1,2006. ACTION REQUIRED The City Council is requested to amend the fee ordinance increasing the water rates for the last four rate tiers. " Respectfully submitted, ~, ~ Bnan Kraabel ~~~ ~) Lee Brezinka CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA , ~ ) 'J ORD. NO. 318 AN ORDINANCE AMENDING CITY CODE 1-7-3 ESTABLISHING PERMIT FEES, SERVICE CHARGES, AND VARIOUS OTHER FEES TO BE COLLECTED BY THE CITY OF ANDOVER. THE CITY COUNCIL OF THE CITY OF ANDOVER HEREBY RESOLVES: The following permit fees and service charges are hereby established for the year 2006. Administration: '- Administrative Fee: (non proiect related activity) 25% of total charges for overhead costs Approval/Recording of Deeds: Abstract & Torrens Properties $50.00 Includes Anoka County Fee $46.00 + Staff Time Bad Check Fee: $30.00 Canvasser/Solicitor License: N/C - 30 day license City Publications: Budget $25.00 Financial Statements $25.00 Comp Plan $25.00 Copies: (per sheet) Up to 8 Yz" x 14" $0.35 Oversize $0.50 ) l8"x24" $3.00 24"x36" $4.00 Larger Sizes $7.00 Surveys $3.00 Surveys Requested by Owner $1.25 Ordinance 8 $25.00 Ordinance 1 0 $10.00 All other Ordinances $1.00 Dog Licensing: Yearly License $6.00 per year Commercial Kennel (more than 3 dogs) $250.00 Includes mailing labels Commercial Kennel Recording Fees Abstract and Torrens $50.00 Includes Anoka County Fee $46.00 + Staff Time Private Kennel (more than 3 dogs) $200.00 Includes mailing labels Annual Kennel Renewals $25.00 Facility Use Fees: Sunshine Park Gazebo Rental $30.00 per 4 hour period Non-Profit/Service Organizations N/C weeknights after 4:30 p.m. Monday - Friday Sunshine Park Conference Room Non-Profit/Service Organizations $50.00 refundable key/damage/maintenance deposit For-Profit Organizations. /Businesses $25.00 + $50.00 refundable key/damage/maintenance deposit Sunshine Park Building - Athletic Assns $50.00 refundable key/damage/maintenance deposit \ City Hall Conference Room A i Non-Profit/Service Organizations $50.00 refundable key/damage/maintenance deposit for mtgs after 4:30 p.m. For-Profit Organizations/Businesses $25.00 + $50.00 refundable key/damage/maintenance deposit ( \.- G,IFINANCE1PROJECTSlBudgelll6\Fee Schedule 2006 - Final Clerl<.DOcPage 1 Water '- I, Hydrant Meter Deposit & Rental Rates: Deposit Rental Rate \ 5/8" hydrant meter setup $250.00 $4,00 per day for the first 7 days $2.00 per day thereafter for full rental period 3" hydrant meter setup $600.00 $5.00 per day for the first 30 days $3.00 per day thereafter for full rental period 3" hydrant meter w/backflow preventer $1,000.00 $6.00 per day for the first 30 days $4.00 per day thereafter for full rental period Hydrant Use: Deposit (as stated above) plus standard water rates Laterals: $34.50 per front foot Service Charges: Labor Billable hourly rate times project recovery rate factor Testing 0 to 6" Meters Cost plus 25% Administrative Fee Violation Penalties: Penalties for the month ofMav I" Penalty Warning 2nd Penalty $50.00 3 rd Penalty $100.00 4th Penalty Turned over to the City Attorney for criminal prosecution. Penalties for June 1" throul!:h AUl!:ust 31" I" Penalty Warning 2nd Penalty $100.00 ) 3 rd Penalty $200.00 4th Penalty Turned over to the City Attornev for criminal prosecution. Unit Connection Charges: Residential $2,704.00 per unit Non-residential, per REC $1,704.00 per unit or $17,040.00 per acre whichever is higher Institutional (Land owned or operated by $1,704.00 per unit or $8,520.00 per acre whichever is higher municipal, school district, county, state or other governmental agencies) Water Area Charges: Residential and Commercial $2,477.00 per acre Water Meter Charges: 5/8" Meter $125.00 :y." Meter (short lay length) $150.00 Special Sizes Cost plus 25% Administrative Fee Laterals $33.00 per front foot (estimate) Water Permit Fees: Service/Connection $50.00 (State Surcharge Add 50~) Tapping Main $30.00 DisconnectionlReconnection Requests $20.00 HVAC $15.00 Re-Inspection (all) $30.00 per hour Water Usage Rates: Monthlv Rate Structure $3.95 Base Rate $1.29 per 1,000 for 1" 3,000 Gallons $1.34 per 1,000 for 3,001-7,000 , $1.38 per 1,000 for 7,001- 12,000 $1.46 per 1,000 for 12,001- 20,000 I ~ $1.62 per 1,000 for 20,001 - 33,000 ~ $1.80 per 1,000 for 33,001 - 67,000 ~ $2.13 per 1,000 for 67,00 I and above '. " '-- G:\FINANCEIPROJECTS\Budget 06\Fee Schedule 2006 - Final ClerlcDocPage 14 Monthly Minimum PenaltylLate Payment $5.23 10% ';Water Usage Rates (Cont): I Ouarterlv Rate Structure $9.14 Base Rate $1.29 per 1,000 for I st 10,000 Gallons $1.34 per 1,000 for 10,00 I - 20,000 $1.38 per 1,000 for 20,001 - 35,000 $1.46 per 1,000 for 35,001 - 60,000 ~ $1.62 per 1,000 for 60,00 I - 100,000 ~ $1.80 per 1,000 for 100,001 - 200,000 ~ $2.13 per 1,000 for 200,001 and above Minimum per quarter PenaltvlLate Payment $10.42 10% Street Li htin Quarterly Charges: Urban Residential Areas Rural Residential Areas Commercial Pro e $6.50 per quarter $11.05 per quarter $6.50 er uarter Adopted by the City Council of the City of Andover this 18th day of April 2006. CITY OF ANDOVER - ,Attest: . '-./ Michael R. Gamache - Mayor Victoria V olk - City Clerk \ '-j G:\FINANCEIPROJECTS\Budgel 06\Fee Schedule 2006 - Final clerlcDocPage 15 ~J o '0 @ 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER. MINNESOTA 55304 . (763) 755-5100 FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US TO: Mayor and Councilmembers ~ Jim Dickinson, City Administrator ~ Captain Dave Jenkins - Anoka County Sheriffs Office CC: FROM: SUBJECT: Receive Anoka County Sheriffs Department Monthly Report - Sheriff DATE: April 18, 2006 INTRODUCTION Captain Dave Jenkins from the Anoka County Sheriffs Office will be present to provide the Council and the citizens of Andover with an update on law enforcement activities within the City. Attached is a copy of the March 2006 monthly report. DISCUSSION To be verbally presented. ACTION REOUIRED For Council information. Respectfully submitted, Captain Dave Jenkins Anoka County Sheriffs Office Attachment: March 2006 Monthly Report o : '\ \..J ~ B. CITY OF ANDOVER -MARCH, 2006 Current Mo. Last Month YTD LAST YTD Radio Calls 788 704 2,370 2,137 Incident 751 625 2,154 2,060 Report Burglaries 5 7 21 28 Thefts 61 187 133 50 Crim.Sex 2 2 6 8 Condo Assault 12 11 35 49 Dam to Prop. 38 39 113 83 Harr. Comm. 15 20 48 36 Felony Arrests 8 2 24 21 Gross Mis. 5 3 14 18 Misd. Arrests 44 45 132 87 DUI Arrests 7 8 29 22 Domestic Arr. 7 3 18 20 Warrant Arr. 10 14 45 35 Traffic Arr. 113 150 401 455 Neighbor 103 hrs. 40 hrs 219 hrs N/A Patrol DUI OFFENSE TIMES Tuesday Thursday Sunday Friday Tuesday Sunday Friday Thursday Sunday 00:19 00:24 00:32 00:45 01:53 02:08 02:12 02:24 02:47 , '\ C. CITY OF ANDOVER - MARCH, 2006 U Community Service Officer Report o u Current Month Last Month YTD Last YTD Radio Calls 149 145 470 538 Incident Report 106 96 306 353 Accident Assists 12 4 39 56 Vehicle Lock 39 40 112 117 Out Extra Patrol 317 275 824 445 House Checks 29 48 101 57 Bus. Checks 38 50 154 176 Animal Compl. 50 52 151 144 Traffic Assist 16 6 39 62 Aids: Agency 227 203 622 475 Aids: Public 107 112 374 130 Paper Service 0 1 1 2 Inspections 0 0 0 0 Ordinance Viol. 0 0 1 5 Neighbor Patrol 13 hrs 5hrs 10 hrs - / " <J o u (]) C I T Y 0 F NDOVE 1685 CROSSTOWN BOULEVARD N.W, . ANDOVER, MINNESOTA 55304. (763) 755-5100 FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US TO: Mayor and Councilmembers FROM: Jim Dickinson, City Administrator SUBJECT: Award Bond Sales - Ehlers & Associates DATE: April 18, 2006 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 April 4, 2006 Council Meeting: $2,450,000 General Obligation (G.O.) Permanent Improvement Revolving (PIR) Fund Bonds, Series 2006A $460,000 G.O. Equipment Certificates, Series 2006B The sale opening will be at 10:00 a.m. on April 18th with consideration of the award of bid to be forwarded to the Andover City Council at approximately 7:00 p.m. that evening. DISCUSSION The City Council authorized at the April 4, 2006 Council Meeting to provide for the sale of the aforementioned bonds based on the following justification for each bond issue: $2,450,000 G.O. PIR Fund Bonds, Series 2006A These bonds are being issued to finance public improvements at Woodland Crossings, Shaw's Glen, Cardinal Ridge and Andover Station North ball fields. $460,000 G.O. Equipment Certificates, Series 2006B These certificates are being issued primarily to finance public safety and public works equipment purchases outlined in the 2006-2010 CIP. BUDGET IMPACT The $2,450,000 G.O. PIR Fund Bonds, Series 2006A, are funded by assessing benefiting properties. The $460,000 G.O. Equipment Certificates, Series 2006B, are funded by an annual tax levy. '0 .' \ <_J . ') \..J Mayor and Councilmembers April 18, 2006 Page 2 of2 ACTION REOUESTED The City Council is requested to approve the attached resolutions accepting the proposals on sale of the respective bonds based on the bid tabulation that will be presented by Ehlers & Associates at the meeting. The resolutions will be as listed: Resolution Accepting Proposal On Sale Of $2,450,000 General Obligation Permanent Improvement Revolving Fund Bonds, Series 2006A. Providing For Their Issuance, And Pledging Revenues For The Payment Thereof Special Assessments Resolution Accepting Proposal On Sale Of $460,000 General Obligation Equipment Certificates, Series 2006B, Providing For Their Issuance, And Levying A Tax For The Payment Thereof ~, I '-./ EXTRACT OF MINUTES OF A MEETING OF THE CITY COUNCIL OF THE CITY OF ANDOVER, MINNESOTA HELD: April 18, 2006 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 April 18, 2006, at 7:00 P.M., for the purpose of considering proposals and awarding the competitive negotiated sale of $2,450,000 General Obligation Permanent Improvement Revolving Fund Bonds, Series 2006A. The following members were present: and the following were absent: introduced the following resolution and moved its adoption: Member RESOLUTION ACCEPTING PROPOSAL ON SALE OF $2,450,000 GENERAL OBLIGATION PERMANENT IMPROVEMENT REVOLVING FUND BONDS, SERIES 2006A, PROVIDING FOR THEIR ISSUANCE, AND PLEDGING FOR THE SECURITY THEREOF SPECIAL ASSESSMENTS \ '--.J A. WHEREAS, various public improvement projects (the "Improvements") have been duly ordered by the City of Andover, Minnesota (the "City") and have been constructed by the City or will be constructed under contracts which the City has or will let therefor, all pursuant to and in accordance with the applicable provisions of Minnesota Statutes, Chapter 429; and B. WHEREAS, the City has heretofore determined and declared that it is necessary and expedient to issue $2,450,000 General Obligation Permanent Improvement Revolving Fund Bonds, Series 2006A (the "Bonds"), pursuant to Minnesota Statutes, Chapters 429 and 475, to fmance the Improvements; and C. WHEREAS, the City has retained EWers and Associates, Inc., in Roseville, Minnesota ("EWers") as its independent fInancial advisor for the Bonds and therefore proposals to purchase the Bonds have been solicited by EWers in accordance with Minnesota Statutes, Section 475.60, Subdivision 2(9); and D. WHEREAS, proposals set forth on Exhibit A attached hereto were received pursuant to the Terms of Proposal at the offices of EWers, in the presence of the City Clerk, or designee, at 12:00 Noon, Central Time, this same day; and E. WHEREAS, it is in the best interests of the City that the Bonds be issued in book- entry form as hereinafter provided; () NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover, Minnesota, as follows: 18934 77v 1 , I ...J 1. Acceptance ofProoosal. The proposal of (the "Purchaser"), to purchase the Bonds in accordance with the Terms of Offering, at the rates of interest hereinafter set forth, and to pay therefor the sum of $ , plus interest accrued to settlement, is hereby found, determined and declared to be the most favorable proposal received and is hereby accepted and the Bonds are hereby awarded to the Purchaser. The Clerk is directed to retain the deposit of the Purchaser and to return to the unsuccessful bidders any good faith checks or drafts. 2. Bond Terms. (a) Title: Original Issue Date: Denominations: Maturities: Term Bond Option. The Bonds shall be titled "General Obligation Permanent Improvement Revolving Fund Bonds, Series 2006A", shall be dated May 1 0,2006, as the date of original issue and shall be issued forthwith on or after such date in fully registered form. The Bonds shall be numbered from R-I upward in the denomination of $5,000 each or in any integral multiple thereof of a single maturity (the "Authorized Denominations"). The Bonds shall mature on February 1 in the years and amounts as follows: Year Amount Year Amount 2008 $310,000 2012 $360,000 2009 325,000 2013 380,000 2010 335,000 2014 395,000 \ 2011 345,000 '.J 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 Onlv Svstem. The Depository Trust Company, a limited purpose trust company organized under the laws of the State of New York or any of its successors or its successors to its functions hereunder (the "Depository") will act as securities depository for the Bonds, and to this end: (i) The Bonds shall be initially issued and, so long as they remain in book entry form only (the "Book Entry Only Period"), shall at all times be in the form of a separate single fully registered Bond for each maturity of the Bonds; and for purposes of complying with this requirement under paragraphs 5 and 10 Authorized Denominations for any Bond shall be deemed to be limited during the Book Entry Only Period to the outstanding principal amount of that Bond. , J '--../ (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"). I 893477vl 2 ". "J (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 fmancial 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 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"). '-J I 893477vl 3 , : '''---, (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 agencylbond registrar agreement, shall agree to take any actions necessary from time to time to comply with the requirements of the Letter of Representations. (x) In the case of a partial prepayment of a Bond, the Holder may, in lieu of surrendering the Bonds for a Bond of a lesser denomination as provided in paragraph 5 hereof, make a notation of the reduction in principal amount on the panel provided on the Bond stating the amount so redeemed. '- ..J (c) Termination of Book-Entry Onlv Svstem. Discontinuance of a particular Depository's services and termination of the book-entry only system may be effected as follows: (i) The Depository may determine to discontinue providing its services with respect to the Bonds at any time by giving written notice to the City and discharging its responsibilities with respect thereto under applicable law. The City may terminate the services of the Depository with respect to the 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 City determines that it is in the best interests of the City or the Beneficial Owners of the Bond that the Beneficial Owners be able to obtain certificates for the Bonds, the Bonds shall no longer be registered as being registered in the bond register in the name of the Nominee, but may be registered in whatever name or names the Holder of the Bonds shall designate at that time, in accordance with paragraph 10 hereof. To the extent that the Beneficial Owners are designated as the transferee by the Holders, in accordance with paragraph 10, the Bonds will be delivered to the Beneficial Owners. 1 893477vl 4 , '\ o (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 Representation 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 Representation shall control. 3. Purpose. The Bonds shall provide funds to finance the Improvements. The total cost of the Improvements, which shall include all costs enumerated in Minnesota Statutes, Section 475.65, is estimated to be at least equal to the amount of the Bonds. Work on the Improvements shall proceed with due diligence to completion. The City covenants that it shall do all things and perform all acts required of it to assure that work on the Improvements proceeds with due diligence to completion and that any and all permits and studies required under law for the Improvements are obtained. 4. Interest. The Bonds shall bear interest payable semiannually on February 1 and August 1 of each year (each, an "Interest Payment Date"), commencing February 1,2007, calculated on the basis of a 360-day year of twelve 30-day months, at the respective rates per annum set forth opposite the maturity years as follows: Maturity Year Interest Rate Maturity Year Interest Rate , '\ o 2008 2009 2010 2011 2012 2013 2014 5. Redemption. All Bonds maturing on February 1, 2011, and thereafter shall be subject to redemption and prepayment at the option of the City on February 1,2010, and on any date thereafter at a price of par plus accrued interest. Redemption may be in whole or in part of the Bonds subject to prepayment. Ifredemption is in part, the maturities and the principal amounts within each maturity to be redeemed shall be determined by the City; and if only part of the Bonds having a common maturity date are called for prepayment, the specific Bonds to be prepaid shall be chosen by lot by the Bond Registrar. Bonds or portions thereof called for redemption shall be due and payable on the redemption date, and interest thereon shall cease to accrue from and after the redemption date. Mailed notice of redemption shall be given to the paying agent and to each affected registered holder of the Bonds. " "- o To effect a partial redemption of Bonds having a common maturity date, the Bond Registrar prior to giving notice of redemption shall assign to each Bond having a common maturity date a distinctive number for each $5,000 of the principal amount of such Bond. The Bond Registrar shall then select by lot, using such method of selection as it shall deem proper in its discretion, from the numbers so assigned to such Bonds, as many numbers as, at $5,000 for each number, shall equal the principal amount of such Bonds to be redeemed. The Bonds to be redeemed shall be the Bonds to which were assigned numbers so selected; provided, however, that only so much of the principal amount of each such Bond of a denomination of more than 1893477v 1 5 , '\ '0 o o $5,000 shall be redeemed as shall equal $5,000 for each number assigned to it and so selected. If a Bond is to be redeemed only in part, it shall be surrendered to the Bond Registrar (with, if the City or Bond Registrar so requires, a written instrument of transfer in form satisfactory to the City and Bond Registrar duly executed by the holder thereof or the Holder's attorney duly authorized in writing) and the City shall execute (if necessary) and the Bond Registrar shall authenticate and deliver to the Holder of such Bond, without service charge, a new Bond or Bonds of the same series having the same stated maturity and interest rate and of any Authorized Denomination or Denominations, as requested by such Holder, in aggregate principal amount equal to and in exchange for the unredeemed portion of the principal of the Bond so surrendered. 6. Bond Registrar. U.S. Bank National Association, in S1. Paul, Minnesota, is appointed to act as bond registrar and transfer agent with respect to the Bonds (the "Bond Registrar"), and shall do so unless and until a successor Bond Registrar is duly appointed, all pursuant to any contract the City and Bond Registrar shall execute which is consistent herewith. The Bond Registrar shall also serve as paying agent unless and until a successor paying agent is duly appointed. Principal and interest on the Bonds shall be paid to the registered Holders (or record holders) of the Bonds in the manner set forth in the form of Bond and paragraph 12. 7. Form of Bond. The Bonds, together with the Bond Registrar's Certificate of Authentication, the form of Assignment and the registration information thereon, shall be in substantially the following form: 1 893477vl 6 , \ '0 ~.J u UNITED STATES OF AMERICA STATE OF MINNESOTA ANOKACOUNTY CITY OF ANDOVER R- $ GENERAL OBLIGATION PERMANENT IMPROVEMENT REVOLVING FUND BOND, SERIES 2006A Interest Rate Maturity Date Date of Original Issue CUSIP February 1, May 10, 2006 REGISTERED OWNER: CEDE & CO. PRINCIPAL AMOUNT: DOLLARS THE CITY OF ANDOVER, ANOKA COUNTY, MINNESOTA (the "Issuer"), certifies that it is indebted and for value received promises to pay to the registered owner specified above, or registered assigns, in the manner hereinafter set forth, the principal amount specified above, on the maturity date specified above, unless called for earlier redemption, and to pay interest thereon semiannually on February 1 and August 1 of each year (each, an "Interest Payment Date"), commencing February 1,2007, 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 1 893477vl 7 , , 'J / " v ,) 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. Redemption. All Bonds of this issue (the "Bonds") maturing on February 1,2011, and thereafter are subject to redemption and prepayment at the option of the Issuer on February 1, 2010 and on any date thereafter at a price of par plus accrued interest. Redemption may be in whole or in part of the Bonds subject to prepayment. Ifredemption is in part, the maturities and the principal amounts within each maturity to be redeemed shall be determined by the Issuer; and if only part of the Bonds having a common maturity date are called for prepayment, the specific Bonds to be prepaid shall be chosen by lot by the Bond Registrar. Bonds or portions thereof called for redemption shall be due and payable on the redemption date, and interest thereon shall cease to accrue from and after the redemption date. Mailed notice ofredemption shall be given to the paying agent and to each affected Holder of the Bonds. Selection of Bonds for Redemption: Partial Redemption. To effect a partial redemption of Bonds having a common maturity date, the Bond Registrar shall assign to each Bond having a common maturity date a distinctive number for each $5,000 of the principal amount of such Bond. The Bond Registrar shall then select by lot, using such method of selection as it shall deem proper in its discretion, from the numbers assigned to the Bonds, as many numbers as, at $5,000 for each number, shall equal the principal amount of such Bonds to be redeemed. The Bonds to be redeemed shall be the Bonds to which were assigned numbers so selected; provided, however, that only so much of the principal amount of such Bond of a denomination of more than $5,000 shall be redeemed as shall equal $5,000 for each number assigned to it and so selected. If a Bond is to be redeemed only in part, it shall be surrendered to the Bond Registrar (with, if the Issuer or Bond Registrar so requires, a written instrument of transfer in form satisfactory to the Issuer and Bond Registrar duly executed by the Holder thereof or the Holder's attorney duly authorized in writing) and the Issuer shall execute (if necessary) and the Bond Registrar shall authenticate and deliver to the Holder of such Bond, without service charge, a new Bond or Bonds of the same series having the same stated maturity and interest rate and of any Authorized Denomination or Denominations, as requested by such Holder, in aggregate principal amount equal to and in exchange for the unredeemed portion ofthe principal of the Bond so surrendered. Issuance: Purpose: General Obligation. This Bond is one of an issue in the total principal amount of $2,450,000, all of like date of original issue and tenor, except as to number, maturity, interest rate, denomination and redemption privilege, issued pursuant to and in full conformity with the Constitution and laws of the State of Minnesota and a resolution adopted by the City Council on April 18, 2006 (the "Resolution"), for the purpose of providing money to finance various public improvements within the Issuer. This Bond is payable out of the Permanent Improvement Revolving Sinking Fund of the Issuer. This Bond constitutes a general obligation of the Issuer, and to provide moneys for the prompt and full payment of its principal, premium, if any, and interest when the same become due, the full faith and credit and taxing powers of the Issuer have been and are hereby irrevocably pledged. Denominations: Exchange: Resolution. The Bonds are issuable solely in fully registered form in Authorized Denominations (as defmed in the Resolution) and are exchangeable for fully registered Bonds of other Authorized Denominations in equal aggregate principal amounts at the 1893477vl 8 " "-~ , ---./ 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. Tbis Bond is transferable by the Holder in person or by the Holder's attorney duly authorized in writing at the principal office of the Bond Registrar upon presentation and surrender hereofto the Bond Registrar, all subject to the terms and conditions provided in the Resolution and to reasonable regulations of the Issuer contained in any agreement with the Bond Registrar. Thereupon the Issuer shall execute and the Bond Registrar shall authenticate and deliver, in exchange for this Bond, one or more new fully registered Bonds in the name of the transferee (but not registered in blank or to "bearer" or similar designation), of an Authorized Denomination or Denominations, in aggregate principal amount equal to the principal amount of this Bond, of the same maturity and bearing interest at the same rate. Fees upon Transfer or Loss. The Bond Registrar may require payment of a sum sufficient to cover any tax or other governmental charge payable in connection with the transfer or exchange of this Bond and any legal or unusual costs regarding transfers and lost Bonds. '\....) Treatment of Registered Owners. The Issuer and Bond Registrar may treat the person in whose name this Bond is registered as the owner hereof for the purpose of receiving payment as herein provided (except as otherwise provided herein with respect to the Record Date) and for all other purposes, whether or not this Bond shall be overdue, and neither the Issuer nor the Bond Registrar shall be affected by notice to the contrary. " Authentication. Tbis Bond shall not be valid or become obligatory for any purpose or be entitled to any security unless the Certificate of Authentication hereon shall have been executed by the Bond Registrar. Oualified Tax-Exempt Obligation. Tbis Bond has been designated by the Issuer as a "qualified tax-exempt obligation" for purposes of Section 265(b )(3) of the Internal Revenue Code of 1986, as amended. IT IS HEREBY CERTIFIED AND RECITED that all acts, conditions and things required by the Constitution and laws of the State of Minnesota to be done, to happen and to be performed, precedent to and in the issuance of this Bond, have been done, have happened and have been performed, in regular and due form, time and manner as required by law, and that this Bond, together with all other debts of the Issuer outstanding on the date of original issue hereof and the date of its issuance and delivery to the original purchaser, does not exceed any constitutional or statutory limitation of indebtedness. IN WITNESS WHEREOF, the City of Andover, Anoka County, Minnesota, by its City Council has caused this Bond to be executed on its behalfby the facsimile signatures of its Mayor and its Clerk, the corporate seal of the Issuer having been intentionally omitted as permitted by law. . \ ,--) 1893477vl 9 '. J Date of Registration: BOND REGISTRAR'S CERTIFICATE OF AUTHENTICATION This Bond is one of the Bonds described in the Resolution mentioned Within. U.S. BANK NATIONAL ASSOCIATION St. Paul, Minnesota Bond Registrar .' By: \.. ./ Authorized Signature " '---'" 1893477vl Registrable by: Payable at: U.S. BANK NATIONAL ASSOCIATION U.S. BANK NATIONAL ASSOCIATION CITY OF ANDOVER, ANOKA COUNTY, MINNESOTA Isl Facsimile Mayor Isl Facsimile Clerk 10 , \ o , , ,-.J o ABBREVIA nONS The following abbreviations, when used in the inscription on the face of this Bond, shall be construed as though they were written out in full according to applicable laws or regulations: TEN COM - as tenants in common TEN ENT - as tenants by the entireties JT TEN - as joint tenants with right of survivorship and not as tenants in common UTMA - as custodian for (Cust) under the (Minor) Uniform Transfers to Minors Act (State) Additional abbreviations may also be used though not in the above list. ASSIGNMENT For value received, the undersigned hereby sells, assigns and transfers unto the within Bond and does hereby irrevocably constitute and appoint attorney to transfer the Bond on the books kept for the registration thereof, with full power of substitution in the premises. Dated: Notice: The assignor's signature to this assignment must correspond with the name as it appears upon the face of the within Bond in every particular, without alteration or any change whatever. Signature Guaranteed: Signature(s) must be guaranteed by a national bank or trust company or by a brokerage firm having a membership in one of the major stock exchanges or any other "Eligible Guarantor Institution" as defined in 17 CFR 240.17 Ad-15(a)(2). The Bond Registrar will not effect transfer of this Bond unless the information concerning the transferee requested below is provided. Name and Address: (Include information for all joint owners if the Bond is held by joint account.) 1893477vl 11 o .:J o PREPAYMENT SCHEDULE TIris Bond has been prepaid in part on the date(s) and in the amount(s) as follows: DATE 1893477vl AMOUNT 12 AUTIIORIZED SIGNATURE OF HOLDER (j , , J (j 8. Execution: Temporary Bonds. The Bonds shall be printed (or, at the request of the Purchaser, typewritten) and shall be executed on behalf of the City by the signatures of its Mayor and Clerk and be sealed with the seal of the City; provided, however, that the seal of the City may be a printed (or, at the request of the Purchaser, photocopied) facsimile; and provided further that both of such signatures may be printed (or, at the request of the Purchaser, photocopied) facsimiles and the corporate seal may be omitted on the Bonds as permitted by law. In the event of disability or resignation or other absence of either such officer, the Bonds may be signed by the manual or facsimile signature of that officer who may act on behalf of such absent or disabled officer. In case either such officer whose signature or facsimile of whose signature shall appear on the Bonds shall cease to be such officer before the delivery of the Bonds, such signature or facsimile shall nevertheless be valid and sufficient for all purposes, the same as ifhe or she had remained in office until delivery. The City may elect to deliver, in lieu of printed defInitive bonds, one or more typewritten temporary bonds in substantially the form set forth above, with such changes as may be necessary to reflect more than one maturity in a single temporary bond. Such temporary bonds may be executed with photocopied facsimile signatures of the Mayor and Clerk. Such temporary bonds shall, upon the printing of the defInitive bonds and the execution thereof, be exchanged therefor and canceled. 9. Authentication. No Bond shall be valid or obligatory for any purpose or be entitled to any security or benefIt under this resolution unless a CertifIcate of Authentication on such Bond, substantially in the form hereinabove set forth, shall have been duly executed by an authorized representative of the Bond Registrar. CertifIcates of Authentication on different Bonds need not be signed by the same person. The Bond Registrar shall authenticate the signatures of officers of the City on each Bond by execution of the CertifIcate of Authentication on the Bond and by inserting as the date ofregistration in the space provided the date on which the Bond is authenticated, except that for purposes of delivering the original Bonds to the Purchaser, the Bond Registrar shall insert as a date of registration the date of original issue, which date is May 10, 2006. 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 1893477v I 13 o any Bonds are so surrendered for exchange, the City shall execute (if necessary), and the Bond Registrar shall authenticate, insert the date of registration of, and deliver the Bonds which the Holder making the exchange is entitled to receive. All Bonds surrendered upon any exchange or transfer provided for in this resolution shall be promptly canceled by the Bond Registrar and thereafter disposed of as directed by the City. All Bonds delivered in exchange for or upon transfer of Bonds shall be valid general obligations ofthe City evidencing the same debt, and entitled to the same benefits under this resolution, as the Bonds surrendered for such exchange or transfer. Every Bond presented or surrendered for transfer or exchange shall be duly endorsed or be accompanied by a written instrument of transfer, in form satisfactory to the Bond Registrar, duly executed by the Holder thereof or the Holder's attorney duly authorized in writing. The Bond Registrar may require payment of a sum sufficient to cover any tax or other governmental charge payable in connection with the transfer or exchange of any Bond and any legal or unusual costs regarding transfers and lost Bonds. Transfers shall also be subject to reasonable regulations of the City contained in any agreement with the Bond Registrar, including regulations which permit the Bond Registrar to close its transfer books between record dates and payment dates, The Clerk is hereby authorized to negotiate and execute the terms of said agreement. u 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. U I 893477vl 14 . '\ \J , '\ o , \ o 14. Deliverv: Application of Proceeds. The Bonds when so prepared and executed shall be delivered by the Finance Director to the Purchaser upon receipt of the purchase price, and the Purchaser shall not be obliged to see to the proper application thereof. 15. Fund and Account. The City Council has heretofore created a Permanent Improvement Revolving Fund pursuant to Minnesota Statutes, Section 429.091. Within the Permanent Improvement Revolving Fund there is hereby created a special account to be designated the "Series 2006A Debt Service Account," to be administered and maintained by the Finance Director as bookkeeping accounts separate and apart from all other funds maintained in the official fmancial records of the City. The Permanent Improvement Revolving Fund shall be maintained in the manner as herein specified until all of the Bonds and any other obligations made payable from the Permanent Improvement Revolving Fund (the "Additional Bonds") and the interest thereon and all improvements to be paid from the Permanent Improvement Revolving Fund have been fully paid. The Revolving Fund is intended for the payment, in whole orin part, of the costs (1) of "improvements" (as defmed in Minnesota Statutes, Chapter 429) designated by the City for funding therefrom for which at least 20% of the costs thereof are to be assessed against benefitted properties; (2) of water works, sewer system, or storm sewer system improvements described in Minnesota Statutes, Section 444.075; and/or (3) of such other improvements as may be permitted in accordance with the terms of the Subdivision (collectively, the "Revolving Fund Improvements"). (a) Permanent Improvement Revolving Fund. To the Permanent Improvement Revolving Fund there shall be credited the proceeds of the sale of the Bonds, less accrued interest received thereon, and less any amount paid for the Bonds in excess of the minimum bid, plus any special assessments levied with respect to the Improvements and special assessments levied with respect to any Additional Improvements (as hereinafter defmed). From the Permanent Improvement Revolving Fund there shall be paid all costs and expenses of making the Improvements listed in paragraph 16, and such other improvements for which special assessments may be levied as the City Council may designate (the "Additional Improvements"), including the cost of any construction contracts heretofore let and all other costs incurred and to be incurred of the kind authorized in Minnesota Statutes, Section 475.65; and the moneys in said account shall be used for no other purpose except as otherwise provided by law; provided that the proceeds of the Bonds may also be used to the extent necessary to pay interest on the Bonds due prior to the anticipated date of commencement of the collection of special assessments herein levied or covenanted to be levied; and provided further that ifupon completion of the Improvements or any Additional Improvements there shall remain any unexpended balance in the Permanent Improvement Revolving Fund, the balance may be transferred by the Council to the fund of any other improvement instituted pursuant to Minnesota Statutes, Chapter 429, and provided further that any special assessments credited to the Permanent Improvement Revolving Fund shall only be applied towards payment of the costs of the Improvements or Additional Improvements upon the determination by the Finance Director that the application of the special assessments for such purpose will not cause the City to no longer be in compliance with Minnesota Statutes, Section 475.61, Subdivision 1. The City reserves the right granted by Minnesota Statutes, Section 429.091, Subdivision 7A to establish a separate construction account within the Permanent Improvement Revolving Fund into which the City may deposit the proceeds of the Bonds or the proceeds of Additional Bonds. 1893477vl 15 \ '---...J " o , \ o (b) Series 2006A Debt Service Account. There are hereby irrevocably appropriated and pledged to, and there shall be credited to, the Series 2006A Debt Service Account: (i) special assessments initially credited to the Permanent hnprovement Revolving Fund and not already spent as permitted above and required to pay any principal and interest due on the Bonds; (ii) all accrued interest received upon delivery of the Bonds; (iii) all funds paid for the Bonds in excess of the minimum bid; (iv) any collections of all taxes which may hereafter be levied in the event that the special assessments and other revenues herein pledged to the payment of the principal and interest on the Bonds are insufficient therefore; (v) all funds remaining in the Permanent hnprovement Revolving Fund after completion of all hnprovements and Additional hnprovements and payment of the costs thereof; (vi) all investment earnings on funds held in the Series 2006A Debt Service Account; and (vii) any and all other moneys which are properly available and are appropriated by the governing body of the City to the Series 2006A Debt Service Account. The Series 2006A Debt Service Account shall be used solely to pay the principal and interest and any premiums for redemption of the Bonds. No portion of the proceeds of the Bonds shall be used directly or indirectly to acquire higher yielding investments or to replace funds which were used directly or indirectly to acquire higher yielding investments, except (1) for a reasonable temporary period until such proceeds are needed for the purpose for which the Bonds were issued and (2) in addition to the above in an amount not greater than the lesser of five percent of the proceeds of the Bonds or $100,000. To this effect, any proceeds of the Bonds and any sums from time to time held in the Permanent hnprovement Revolving Fund or Series 2006A Debt Service Account (or any other City account which will be used to pay principal or interest to become due on the bonds payable therefrom) in excess of amounts which under then applicable federal arbitrage regulations may be invested without regard to yield shall not be invested at a yield in excess of the applicable yield restrictions imposed by said arbitrage regulations on such investments after taking into account any applicable "temporary periods" or "minor portion" made available under the federal arbitrage regulations. Money in the Fund shall not be invested in obligations or deposits issued by, guaranteed by or insured by the United States or any agency or instrumentality thereof if and to the extent that such investment would cause the Bonds to be "federally guaranteed" within the meaning of Section 149(b) of the Internal Revenue Code of 1986, as amended (the "Code"). 16. Assessments. It is hereby determined that no less than twenty percent of the cost to the City of each hnprovement fmanced hereunder within the meaning of Minnesota Statutes, Section 475.58, Subdivision 1(3), shall be paid by special assessments to be levied against every assessable lot, piece and parcel ofland benefited by any of the hnprovements. The City hereby covenants and agrees that it will let all construction contracts not heretofore let within one year after ordering each hnprovement financed hereunder unless the resolution ordering the Improvement specifies a different time limit for the letting of construction contracts. The City hereby further covenants and agrees that it will do and perform as soon as they may be done all acts and things necessary for the fmal and valid levy of such special assessments, and in the event that any such assessment be at any time held invalid with respect to any lot, piece or parcel ofland due to any error, defect, or irregularity in any action or proceedings taken or to be taken by the City or the City Councilor any of the City officers or employees, either in the making of the assessments or in the performance of any condition precedent thereto, the City and the City Council will forthwith do all further acts and take all further proceedings as may be required by law to make the assessments a valid and binding lien upon such property. The special I 893477v I 16 '\ assessments have not heretofore been authorized, and accordingly, for purposes of Minnesota '-../ Statutes, Section 475.55, Subdivision 3, the special assessments are hereby authorized. Subject to such adjustments as are required by conditions in existence at the time the assessments are levied, the assessments are hereby authorized and it is hereby determined that the assessments shall be payable in equal, consecutive, annual installments, with general taxes for the years shown below and with interest on the declining balance of all such assessments at a rate per annum not greater than the maximum permitted by law and not less than _ % per annum: Year ofLevv Year of Collection Improvement Designation Amount See Attached At the time the assessments are in fact levied the City Council shall, based on the then- current estimated collections of the assessments, make any adjustments in any ad valorem taxes required to be levied in order to assure that the City continues to be in compliance with Minnesota Statutes, Section 475.61, Subdivision 1 17. Tax Levv: Coverage Test. To provide moneys for payment of the principal and interest on the Bonds there is hereby levied upon all of the taxable property in the City a direct annual ad valorem tax which shall be spread upon the tax rolls and collected with and as part of other general property taxes in the City for the years and in the amounts as follows: / '\ \J Year of Tax Levv Year of Tax Collection Amount 2006-2012 2007-2013 See attached The tax levies are such that if collected in full they, together with estimated collections of special assessments an other revenues herein pledged for the payment of the Bonds will produce at least five percent in excess of the amount needed to meet when due the principal and interest payments on the Bonds. The tax levies shall be irrepealable so long as any of the Bonds are outstanding and unpaid, provided that the City reserves the right and power to reduce the levies in the manner and to the extent permitted by Minnesota Statutes, Section 475.61, Subdivision 3 18. 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: u (a) Provide or cause to be provided to each nationally recognized municipal securities information repository ("NRMSIR") and to the appropriate state information depository ("SID"), if any, for the State of Minnesota, in each case as designated by the Commission in accordance with the Rule, certain annual financial information and opemting 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. 1893477vl 17 " '\ (b) Provide or cause to be provided, in a timely manner, to (i) each NRMSIR or to the ~ Municipal Securities Rulemaking Board ("MSRB") and (ii) the SID, notice of the occurrence of certain material events with respect to the Bonds in accordance with the Undertaking. / " <"-) '",J (c) Provide or cause to be provided, in a timely manner, to (i) each NRMSIR or to the MSRB and (ii) the SID, notice of a failure by the City to provide the annual financial information with respect to the City described in the Undertaking. (d) The City agrees that its covenants pursuant to the Rule set forth in this paragraph and in the Undertaking is intended to be for the benefit of the Holders of the Bonds and shall be enforceable on behalf of such Holders; provided that the right to enforce the provisions of these covenants shall be limited to a right to obtain specific enforcement of the City's obligations under the covenants. The Mayor and 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. 19. Defeasance. When all Bonds have been discharged as provided in this paragraph, all pledges, covenants and other rights granted by this resolution to the registered holders of the Bonds shall, to the extent permitted by law, cease. The City may discharge its obligations with respect to any Bonds which are due on any date by irrevocably depositing with the Bond Registrar on or before that date a sum sufficient for the payment thereof in full; or if any Bond should not be paid when due, it may nevertheless be discharged by depositing with the Bond Registrar a sum sufficient for the payment thereof in full with interest accrued to the date of such deposit. The City may also discharge its obligations with respect to any prepayable Bonds called for redemption on any date when they are prepayable according to their terms, by depositing with the Bond Registrar on or before that date a sum sufficient for the payment thereof in full, provided that notice of redemption thereof has been duly given. The City may also at any time discharge its obligations with respect to any Bonds, subject to the provisions oflaw now or hereafter authorizing and regulating such action, by depositing irrevocably in escrow, with a suitable banking institution qualified by law as an escrow agent for this purpose, cash or securities described in Minnesota Statutes, Section 475.67, Subdivision 8, bearing interest payable at such times and at such rates and maturing on such dates as shall be required, without regard to sale and/or reinvestment, to pay all amounts to become due thereon to maturity or, if notice of redemption as herein required has been duly provided for, to such earlier redemption date. 20. Compliance With Reimbursement Bond Regulations. The provisions of this paragraph are intended to establish and provide for the City's compliance with United States Treasury Regulations Section 1.150-2 (the "Reimbursement Regulations") applicable to the "reimbursement proceeds" of the Bonds, being those portions thereof which will be used by the City to reimburse itself for any expenditure which the City paid or will have paid prior to the Closing Date (a "Reimbursement Expenditure"). I 893477vl 18 \ '-J The City hereby certifies and/or covenants as follows: (a) Not later than sixty days after the date of payment of a Reimbursement Expenditure, the City (or person designated to do so on behalf of the City) has made or will have made a written declaration of the City's official intent (a "Declaration") which effectively (i) states the City's reasonable expectation to reimburse itselffor the payment of the Reimbursement Expenditure out of the proceeds of a subsequent borrowing; (ii) gives a general and functional description of the property, project or program to which the Declaration relates and for which the Reimbursement Expenditure is paid, or identifies a specific fund or account of the City and the general functional purpose thereof from which the Reimbursement Expenditure was to be paid (collectively the "Project"); and (iii) states the maximum principal amount of debt expected to be issued by the City for the purpose of fmancing the Project; provided, however, that no such Declaration shall necessarily have been made with respect to: (i) "preliminary expenditures" for the Project, defmed in the Reimbursement Regulations to include engineering or architectural, surveying and soil testing expenses and similar prefatory costs, which in the aggregate do not exceed 20% of the "issue price" of the Bonds, and (ii) a de minimis amount of Reimbursement Expenditures not in excess of the lesser of $100,000 or 5% of the proceeds of the Bonds. (b) Each Reimbursement Expenditure is a capital expenditure or a cost of issuance of the Bonds or any of the other types of expenditures described in Section 1.150-2(d)(3) of the Reimbursement Regulations. F \ ',-~ (c) The "reimbursement allocation" described in the Reimbursement Regulations for each Reimbursement Expenditure shall and will be made forthwith following (but not prior to) the issuance of the Bonds and in all events within the period ending on the date which is the later of eighteen months after payment of the Reimbursement Expenditure or one year after the date on which the Project to which the Reimbursement Expenditure relates is first placed in service, but not more than three years after the date of the Reimbursement Expenditure. (d) Each such reimbursement allocation will be made in a writing that evidences the City's use of Bond proceeds to reimburse the Reimbursement Expenditure and, ifmade within 30 days after the Bonds are issued, shall be treated as made on the day the Bonds are issued. Provided, however, that the City may take action contrary to any of the foregoing covenants in this paragraph upon receipt of an opinion of its Bond Counsel for the Bonds stating in effect that such action will not impair the tax-exempt status of the Bonds. 21. General Obligation Pledge. For the prompt and full payment of the principal and interest on the Bonds, as the same respectively become due, the full faith, credit and taxing powers of the City shall be and are hereby irrevocably pledged. If the balance in the Permanent Improvement Revolving Sinking Fund is ever insufficient to pay all principal and interest then due on the Bonds and any other bonds payable therefrom, the deficiency shall be promptly paid out of any other funds of the City which are available for such purpose, and such other funds may be reimbursed with or without interest from the Permanent Improvement Revolving Sinking Fund when a sufficient balance is available therein. \ o 1893477vl 19 /' , 22. Certificate of Registration. The Clerk is hereby directed to file a certified copy of this resolution with the County Auditor of Anoka County, Minnesota, together with such other information as the Auditor shall require, and to obtain the Auditor's certificate that the Bonds have been entered in the Auditor's Bond Register and that the tax levy required by law has been made. ",.-1 23. Records and Certificates. The officers of the City are hereby authorized and directed to prepare and furnish to the Purchaser, and to the attorneys approving the legality of the issuance of the Bonds, certified copies of all proceedings and records of the City relating to the Bonds and to the fmancial condition and affairs of the City, and such other affidavits, certificates and information as are required to show the facts relating to the legality and marketability of the Bonds as the same appear from the books and records under their custody and control or as otherwise known to them, and all such certified copies, certificates and affidavits, including any heretofore furnished, shall be deemed representations of the City as to the facts recited therein. 24. Negative Covenant as to Use of Proceeds and Improvements. The City hereby covenants not to use the proceeds of the Bonds or to use the Improvements, or to cause or permit them to be used, or to enter into any deferred payment arrangements for the cost of the Improvements, in such a manner as to cause the Bonds to be "private activity bonds" within the meaning of Sections 103 and 141 through 150 of the Code. " \ \.---) 25. Tax-Exempt Status of the Bonds: Rebate. The City shall comply with requirements necessary under the Code to establish and maintain the exclusion from gross income under Section 103 of the Code of the interest on the Bonds, including without limitation (1) requirements relating to temporary periods for investments, (2) limitations on amounts invested at a yield greater than the yield on the Bonds, and (3) the rebate of excess investment earnings to the United States if the Bonds (together with other obligations reasonably expected to be issued and outstanding at one time in this calendar year) exceed the small-issuer exception amount of $5,000,000. 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 fmds, determines and declares that (1) the Bonds are issued by a governmental unit with general taxing powers, (2) no Bond is a private activity bond, (3) ninety-five percent (95%) or more of the net proceeds of the Bonds are to be used for local governmental activities of the City (or of a governmental unit the jurisdiction of which is entirely within the jurisdiction of the City), and (4) the aggregate face amount of all tax-exempt bonds (other than private activity bonds) issued by the City (and all subordinate entities thereof, and all entities treated as one issuer with the City) during the calendar year in which the Bonds are issued is not reasonably expected to exceed $5,000,000, all within the meaning of Section 148(f)(4)(D) of the Code. 26. Designation of Oualified Tax-Exempt Obligations. In order to qualify the Bonds as "qualified tax exempt obligations" within the meaning of Section 265(b )(3) of the Code, the City hereby makes the following factual statements and representations: ; " '--' (a) the Bonds are issued after August 7,1986; I 893477vl 20 ,,- -, (b) the Bonds are not "private activity bonds" as defmed in Section 141 of the Code; \., ~ "" (c) the City hereby designates the Bonds as "qualified tax exempt obligations" for purposes of Section 265(b )(3) of the Code; ,(d) the reasonably anticipated amount of tax exempt obligations (other than private activity bonds, treating qualified 501(c)(3) bonds as not being private activity bonds) which will be issued by the City (and all entities treated as one issuer with the City, and all subordinate entities whose obligations are treated as issued by the City) during this calendar year 2006 will not exceed $10,000,000; (e) not more than $10,000,000 of obligations issued by the City during this calendar year 2006 have been designated for purposes of Section 265(b)(3) of the Code; and (f) the aggregate face amount of the Bonds does not exceed $10,000,000. The City shall use its best efforts to comply with any federal procedural requirements which may apply in order to effectuate the designation made by this paragraph. 27. Severability. 1fany 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 defme the meaning of any provision hereof. The motion for the adoption of the foregoing resolution was dilly 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. ( \ \...J' 1893477vl 21 " '\ <...J " \ \.J o STATE OF MINNESOTA COUNTYOFANOKA CITY OF ANDOVER I, the undersigned, being the duly qualified and acting Clerk of the City of Andover, Minnesota, DO HEREBY CERTIFY that I have compared the attached and foregoing extract of minutes with the original thereof on file in my office, and that the same is a full, true and complete transcript of the minutes of a meeting of the City Council duly called and held on the date therein indicated, insofar as the minutes relate to considering proposals and awarding the competitive negotiated sale of $2,450,000 General Obligation Permanent Improvement Revolving Fund Bonds, Series 2006A. WITNESS my hand on May _,2006. Clerk I 893477vl 22 '~ EXTRACT OF MINUTES OF A MEETING OF THE CITY COUNCIL OF THE CITY OF ANDOVER. MINNESOTA HELD: April 18, 2006 Pursuant to due call and notice thereof, a regular or special meeting of the City Council of the City of Andover, Anoka County, Minnesota, was duly held at the City Hall on April 18, 2006, at 7:00 P.M., for the purpose, in part, of considering proposals and awarding the sale of $460,000 General Obligation Equipment Certificates, Series 20068. The following members were present: and the following were absent: Member introduced the following resolution and moved its adoption: RESOLUTION PROVIDING FOR THE ISSUANCE AND SALE OF $460,000 GENERAL OBLIGATION EQUIPMENT CERTIFICATES, SERIES 2006B, AND LEVYING A TAX FOR THE PAYMENT THEREOF o A. WHEREAS, the City of Andover, Minnesota (the "City"), has heretofore determined and declared that it is necessary and expedient to issue $460,000 General Obligation Equipment Certificates, Series 2006B (the "Certificates" or individually, a "Certificate"), pursuant to Minnesota Statutes, Chapter 475 and Minnesota Statutes, Section 412.301, to fmance the purchase of various items of capital equipment for the City (the "Equipment") and each item of equipment to be fmanced by the Certificates has an expected useful life at least as long as the term of the Certificates; and B. WHEREAS, the amount of the Certificates to be issued does not exceed one- quarter of one percent (0.25%) of the market value of the taxable property in the City ($ times 0.25% is $ ); and C. WHEREAS, the City has retained EWers & Associates, Inc., in Roseville, Minnesota ("EWers"), as its independent fmancial 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 EWers; and D. WHEREAS, the proposals set forth on Exhibit A attached hereto were received by the City Clerk, or designee, at the offices of Ehlers, at 12:00 Noon, this same day pursuant to the Terms of Proposal established for the Certificates; and o E. WHEREAS, it is in the best interests of the City that the Certificates be issued in book-entry form as hereinafter provided; and 1893950vl , , '0 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover, Minnesota, as follows: 1. Acceptance of Proposal. The proposal of (the "Purchaser"), to purchase the Certificates, in accordance with the Terms of Proposal established for the Certificates, 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, is hereby accepted and the Certificates are hereby awarded to the Purchaser. The Clerk is directed to retain the deposit of the Purchaser and to forthwith return to the unsuccessful bidders any good faith checks or drafts. 2. Certificate Terms. (a) Original Issue Date: Denominations: Maturities: Term Bond Option. The Certificates shall be dated May 10, 2006, as the date of original issue, shall be issued forthwith on or after such date in fully registered form, shall be numbered from R-I 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 the February 1 in the years and amounts as follows: Year Amount o 2008 2009 2010 $145,000 155,000 160,000 As may be requested by the Purchaser, one or more term bonds may be issued having mandatory sinking fund redemption and fmal maturity amounts confonmng to the foregoing principal repayment schedule, and corresponding additions may be made to the provisions of the applicable Certificate( s). (b) Book Entry Onlv Svstem. The Depository Trust Company, a limited purpose trust company organized under the laws of the State of New York or any of its successors or its successors to its functions hereunder (the "Depository") will act as securities depository for the 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 Denominations for any Certificate shall be deemed to be limited during the Book Entry Only Period to the outstanding principal amount of that Certificate. (j (ii) Upon initial issuance, ownership of the Certificates shall be registered in a bond register maintained by the Registrar (as hereinafter defmed) in the name of CEDE & CO., as the nominee (it or any nominee of the existing or a successor Depository, the "Nominee"). 1893950vl 2 :" ) '---' u , \ -0 1893950vl (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 Register 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 of 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, 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"). 3 ,~ '\ , 1 '---/ (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 agencylbond 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-Entrv Onlv 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 the Certificates shall designate at that time, in accordance with paragraph 10 hereof. To the extent that the Beneficial Owners are designated as the transferee by the Holders, in accordance with paragraph 10 hereof, the Certificates will be delivered to the Beneficial Owners. (iii) Nothing in this subparagraph (c) shall limit or restrict the provisions of paragraph 10. . \ o 1893950vl 4 ,----/ , '\..j , , \ '-.J , " (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 I and August I of each year (each, an "Interest Payment Date"), commencing February 1,2007, 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 dates as follows: Maturity Year Interest Rate 2008 2009 2010 % 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: 1893950vl 5 '---'" '- / . , G UNITED STATES OF AMERICA STATE OF MINNESOTA ANOKA COUNTY CITY OF ANDOVER R- $ GENERAL OBLIGATION EQUIPMENT CERTIFICATES, SERIES 2006B INTEREST RATE MATURITY DATE DATE OF ORIGINAL ISSUE CUSIP % FEBRUARY 1,20_ MAY 10, 2006 REGISTERED OWNER: CEDE & CO. PRINCIPAL AMOUNT: DOLLARS THE CITY OF ANDOVER, ANOKA COUNTY, MINNESOTA (the "Issuer"), certifies that it is indebted and for value received promises to pay to the registered owner specified above, or registered assigns, in the manner hereinafter set forth, the principal amount specified above, on the maturity date specified above, without option of prepayment, and to pay interest thereon semiannually on February 1 and August 1 of each year (each, an "Interest Payment Date"), commencing February 1,2007, 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 defmed 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 I 893950vl 6 / ., \..-) system pursuant to the Resolution, Certificates may only be registered in the name of the Depository or its Nominee. No Redemotion. The Certificates of this issue (the "Certificates") are not subject to redemption and prepayment prior to their stated maturity dates. Issuance: Purpose: General Obligation. This Certificate is one of an issue in the total principal amount of $460,000, 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 April 18, 2006 (the "Resolution"), for the purpose of providing money to fmance the purchase of various items of capital equipment for the Issuer. This Certificate is payable out of the General Obligation Equipment Certificates, Series 2006B 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. o Denominations: Exchange: Resolution. The Certificates are issuable solely in fully registered form in Authorized Denominations (as defmed 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 hereofto 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 uoon 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. (j Treatment ofRegjstered 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 (except as otherwise provided herein with respect to the Record Date) 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. 1893950vl 7 ~ '\ o C) (j 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. Qualified Tax-Exempt Obligation. This Certificate has been designated by the Issuer as a "qualified tax-exempt obligation" for purposes of Section 265(b)(3) of the Internal Revenue Code of 1986, as amended. IT IS HEREBY CERTIFIED AND RECITED that all acts, conditions and things required by the Constitution, 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. 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 Clerk, the corporate seal of the Issuer having been intentionally omitted as permitted by law. Date of Registration: Registrable by: u.S. BANK NATIONAL ASSOCIATION Payable at: u.S. BANK NATIONAL ASSOCIATION REGISTRAR'S CERTIFICATE OF AUTHENTICATION CITY OF ANDOVER. ANOKA COUNTY, MINNESOTA This Certificate is one of the Certificates described in the Resolution mentioned within. Isl Facsimile Mayor u.S. Bank National Association St. Paul, Minnesota Registrar Isl Facsimile Clerk By Authorized Signature 1893950vl 8 .' '\ o CJ (j 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 under the Uniform (Cust) Transfers to Minors Act (Minor) (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 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 defmed 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.) I 893950vI 9 CJ u ,/ .... <_-.J 8. Execution: Temporary Certificates. The Certificates shall be printed (or, at the request of the Purchaser, typewritten) and shall be executed on behalf of the City by the signatures of its Mayor and Clerk and be sealed with the seal of the City; provided, however, that the seal of the City may be a printed (or, at the request of the Purchaser, photocopied) facsimile; and provided further that both of such signatures may be printed (or, at the request of the Purchaser, photocopied) facsimiles and the corporate seal may be omitted on the Certificates as permitted by law. In the event of disability or resignation or other absence of either such officer, the Certificates may be signed by the manual or facsimile signature of that officer who may act on behalf of such absent or disabled officer. In case either such officer whose signature or facsimile of whose signature shall appear on the Certificates shall cease to be such officer before the delivery of the Certificates, such signature or facsimile shall nevertheless be valid and sufficient for all purposes, the same as ifhe or she had remained in office until delivery. The City may elect to deliver, in lieu of printed definitive certificates, one or more typewritten temporary certificates in substantially the form set forth above, with such changes as may be necessary to reflect more than one maturity in a single temporary certificate. Such temporary certificates may be executed with photocopied facsimile signatures of the Mayor and Clerk. Such temporary certificates shall, upon the printing of the definitive certificates and the execution thereof, be exchanged therefor and canceled. 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, which date is May 10, 2006. 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 rote, 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 1893950vl 10 r "- o 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. 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 the Holder's 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. ~J 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 City Manager 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) on, such Certificate and for all other purposes whatsoever V whether or not such Certificate shall be overdue, and neither the City nor the Registrar shall be affected by notice to the contrary. 1893950vl 11 , ' u ,- , o \ ~; 14. Deliverv: Application of Proceeds. The Certificates when so prepared and executed shall be delivered by the Finance Director to the Purchaser upon receipt of the purchase price, and the Purchaser shall not be obliged to see to the proper application thereof. 15. Fund and Accounts. There is hereby created a special fund to be designated the "General Obligation Equipment Certificates, Series 2006B Fund" (the "Fund") to be administered and maintained by the Finance Director as a bookkeeping account separate and apart from all other funds maintained in the official fmancial 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: 16. Capital Account. To the Capital Account there shall be credited the proceeds of the sale of the Certificates, less accrued received thereon, and 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 said 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. 17. Debt Service Account. There are hereby irrevocably appropriated and pledged to, and there shall be credited to, the Debt Service Account: (i) all accrued interest received upon delivery of the Certificates; (ii) all funds paid for the Certificates in excess of the minimum bid; (iii) all taxes herein and hereafter levied for the payment of the Certificates; (iv) all funds remaining in the Capital Account after the payment of all costs of the Equipment; ( v) all investment earnings on funds held in the Debt Service Account; and (vi) 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 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 1893950vl 12 , '-.1 r- -", '-....) , ~ '----- . the extent that such investment would cause the Certificates to be "federally guaranteed" within the meaning of Section I 49(b) of the Internal Revenue Code of 1986, as amended (the "Code"). 18. Tax Levv: 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 Levv Year of Tax Collection Amount See Attached Levy Schedule The tax levies are such that if collected in full they, together with other revenues herein pledged for the payment of the 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. 19. 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. 20, Comoliance with Reimbursement Bond Regulations. The provisions of this paragraph are intended to establish and provide for the City's compliance with United States Treasury Regulations Section 1.150-2 (the "Reimbursement Regulations") applicable to the "reimbursement proceeds" of the 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 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 I 893950vl 13 '- 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. " .I (d) Each such reimbursement allocation will be made in a writing that evidences the City's use of bond proceeds to reimburse the Reimbursement Expenditure and, if made within 30 days after the 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 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. 21. Continuing Disclosure. The City is the sole obligated person with respect to the Certificates. The City hereby agrees, in accordance with the provisions of Rule l5c2-l2 (the "Rule"), promulgated by the Securities and Exchange Commission (the "Commission") pursuant to the Securities Exchange Act of 1934, as amended, and a Continuing Disclosure Undertaking (the "Undertaking") hereinafter described to: (a) Provide or cause to be provided to each nationally recognized municipal securities information repository ("NRMSIR") and to the appropriate state information depository ("SID"), if any, for the State of Minnesota, in each case as designated by the Commission in accordance with the Rule, certain annual fmancial information and operating data in accordance with the Undertaking. The City reserves the right to modifY from time to time the terms of the Undertaking as provided therein. (b) Provide or cause to be provided, in a timely manner, to (i) each NRMSIR or to the Municipal Securities Rulemaking Board ("MSRB") and (ii) the SID, notice of the occurrence of '. certain material events with respect to the Certificates in accordance with the Undertaking. ,----"i I 893950vl 14 (J (c) Provide or cause to be provided, in a timely manner, to (i) each NRMSIR or to the MSRB and (ii) the SID, notice of a failure by the City to provide the annual financial information with respect to the City described in the Undertaking. (d) The City agrees that its covenants pursuant to the Rule set forth in this paragraph and in the Undertaking is intended to be for the benefit of the Holders of the Certificates 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 Certificates, and (iii) acceptable to the Officers. 22. 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 U available therein. 23. Certificate of Registration. A certified copy of this resolution is hereby directed to be filed with the Director of Property Tax and Public Records of Anoka County, together with such other information as the Director shall require and there shall be obtained from the Director a certificate that the Certificates have been entered in the Bond Register and that the tax levy required by law has been made. 24. Records and Certificates. The officers of the City are hereby authorized and directed to prepare and furnish to the Purchaser, and to the attorneys approving the legality of the issuance of the Certificates, certified copies of all proceedings and records of the City relating to the Certificates and to the financial condition and affairs of the City, and such other affidavits, certificates and inforrilation 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. 25. Negative Covenant as to Use of Proceeds and Eauipment. 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. 1893950vl 15 o (j () 26. Tax-Exemot 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 (1) requirements relating to temporary periods for investments, (2) limitations on amounts invested at a yield greater than the yield on the Certificates, and (3) 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 fmds, determines and declares that (I) the Certificates are issued by a governmental unit with general taxing powers, (2) no Certificate is a private activity bond, (3) 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 (4) the aggregate face amount of all tax exempt bonds (other than private activity bonds) issued by the City (and all subordinate entities thereof, and all entities treated as one issuer with the City) during the calendar year in which the 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. 27. Designation of Qualified Tax-Exempt Obligations. In order to qualify the Certificates as "qualified tax-exempt obligations" within the meaning of Section 265(b)(3) of the Code, the City hereby makes the following factual statements and representations: (a) the Certificates are issued after August 7,1986; Code; (b) the Certificates are not "private activity bonds" as defmed in Section 141 of the (c) the City hereby designates the Certificates as "qualified tax-exempt obligations" for purposes of Section 265(b )(3) of the Code; (d) the reasonably anticipated amount of tax-exempt obligations (other than private activity bonds, treating qualified 501 (c)(3) bonds as not being private activity bonds) which will be issued by the City (and all entities treated as one issuer with the City, and all subordinate entities whose obligations are treated as issued by the City) during this calendar year 2006 will not exceed $10,000,000; and (e) not more than $10,000,000 of obligations issued by the City during this calendar year 2006 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. 28. Payment ofIssuance Exoenses. The City authorizes the Purchaser to forward the amount of Certificate proceeds allocable to the payment of issuance expenses to U. S. Trust Company N.A., Greenwich, Connecticut on the closing date for further distribution as directed by the City's fmancial advisor, EWers. 1893950vl 16 '\ o u o 29. 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 hereof. 30. Headings. Headings in this resolution are included for convenience of reference only and are not a part hereof, and shall not limit or defme the meaning of any provision hereof. The motion for the adoption of the foregoing resolution was duIy 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 the resolution was declared duIy passed and adopted. 1893950vl 17 () ,. \ <J o STATE OF MINNESOTA COUNTY OF ANOKA CITY OF ANDOVER I, the undersigned, being the duly qualified and acting Clerk of the City of Andover, Minnesota, DO HEREBY CERTIFY that I have compared the attached and foregoing extract of minutes with the original thereof on file in my office, and that the same is a full, true and complete transcript of the minutes of a meeting of the City Council, duly called and held on the date therein indicated, insofar as the minutes relate to providing for the issuance and the sale of $460,000 General Obligation Equipment Certificates, Series 2006B. WI1NESS my hand on April -' 2006. Clerk 1893950v I 18 , ;'J , ~ ',.) .' '\ '--) EXHIBIT A Bid Tabulation 1893950vl A-I , , ) CITY OF NDOVE @ 1685 CROSSTOWN BOULEVARD N,W. . ANDOVER, MINNESOTA 55304 . (763) 755-5100 FAX (763) 755-8923 . WW~'A,NDOVER'MN'US Mayor and Councilmembers Jim Dickinson, City Administrator Will Newneister, Community Development Director ,<<:l-.- FROM: Courtney Bednarz, City Plannet TO: CC: SUBJECT: Consider Various Code Revisions, Continued - Planning DATE: April 18, 2006 INTRODUCTION Please find attached the City Code items that have previously had a public hearing and were last discussed by the Council at the March 28th work session. A public hearing will be held for the other remaining items and they will be scheduled for a future Council meeting. , \ I DISCUSSION The modifications suggested by the Council at the March 28th work session are included in the attached amendments. Each of the changes are described individually in the body of the report and the sections of the code that are proposed to be modified are listed for each item. The actual text changes are combined into one proposed ordinance for adoption. Please note that the item concerning dirt bikes is attached as a separate item. It is the intent for a separate presentation to be made, further discussion on the direction to be taken, and if agreed upon by Council, a separate action to be taken on this item. ACTION REOUESTED The Council is asked to adopt the proposed amendments as well as summary ordinances that will be published in the Anoka Union. Attachments Proposed Revision #32 Shopping Center Location and Completion Requirements Proposed Revision #35 Setbacks for Accessory Structures Proposed Revision #52 Animals Proposed Revision #68 Guesthouses Proposed Revision #81 Encroachments Proposed Ordinance Amendment Summary Ordinance Proposed Revision #82 Dirt Bikes/ATVs. Summary Ordinance (related to dirt bikes/ATVs) March 28th Work Session Minutes , '\.~ _/ ..----.. . Revision # 32 Shopping Centers City Code 12-4-8 Shopping Center Location Requirements ~ ,I Background This section is outdated. Many of the requirements outlined here are standard elements of a Commercial Site Plan review and do not need their own section in the City Code. This chapter describes requirements for the SC Zoning District. These requirements belong in chapter 12-3, "Zoning Districts." Here is a detailed description of this section of Code's redundancy: 12-4-8-A. The area will be located adjacent to a thoroughfare or collector street as shown on the comprehensive plan or as indicated as a potential shopping center site or neighborhood business site on such plan. This section is already covered in Revision #16 in the purpose statement of the SC zoning district, which requires that an SC zoning district shall have access from an arterial roadway. B. Submission of a plot plan showing structures, parking, driveways, landscaping and screening. This section is already covered in our Commercial Site Plan review process discussed in City Code 12-14-2. '-~) C, If construction has not begun within twenty four (24) months, or if the project is not fifty percent (50%) completed within five (5) years, any further development of any type shall require a conditional use permit, and the planning and zoning commission may move to initiate a rezoning back to that in effect prior to neighborhood business (NB) or shopping center (SC) zomng. These requirements are all comment elements of a Contract Rezoning, an existing tool described in City Code 12-14-5-B. It covers not only the SC district, but all multi- family, commercial, industrial zoning districts. D. The area zoned shall include at least two (2) acres for neighborhood business (NB) and five (5) acres for shopping center (SC). Minimum lot sizes are already covered in detail on a spreadsheet in City Code 12-3-4. E. Any area noted on the zoning map as "SC" with no definite boundary shall be administered as follows:.. . Part E applies to areas zoned "SC" that do not have definite boundaries. There are no properties in Andover zoned SC that do not have definite boundaries, so this part is unnecessary. Proposed Change Strike this section of the code. As mentioned above, other requirements and changes in the SC zoning district are handled in Revision #16. ..................................................................................................................... : \ ,---j -z..~ o o o . Revision # 35 Setbacks for Accessory Structures City Code 12-6-5 Location and Setback Requirements Background The initial intent of this revision was to make it easier to understand by including the required setbacks for accessory structures rather than referring to the minimum district standards table located in section 12-3-5. The changes shown to subsections 1-3 accomplish this. During the discussion of the proposed changes, a concern was raised about accessory buildings in the rear yard of comer lots on short cul-de-sacs. The Council was presented with 3 options for addressing this situation, and the option that was selected has been incorporated into the revision with the addition of subsection 4. ..................................................................................................................... . Revision #52 Animals City Code 5-1 C-4 Exceptions City Code 12-2-2 Definitions City Code 12-5-5 Setback Requirements City Code 12-6-5 Location and Setback Requirements City Code 12-12 Permitted, Conditional and Prohibited Uses Enumerated Background As previously discussed, the purpose of this amendment was to correct conflicts in the existing City Code that both allow and deny animals on the same residential properties. The adjustments suggested by the Council at the March 28th work session have been incorporated in the proposed ordinance as described below. 1. A provision has been added to exempt existing farm operations from the proposed amendment. Please note that City Code still allows the Council discretion to require a conditional use permit for farm operations as the need may arise. 2. Poultry is now proposed to be exempted from the definition of farm animal. A definition of poultry has been added from commonly used definitions. Poultry is now proposed to be allowed on all properties without municipal sewer and water. The new term poultry has also been added to the setback requirements for animal shelters as this provision previously was applied exclusively to farm and pleasure/recreation animals. ..................................................................................................................... -3--- o u. o . Revision # 68 Guesthouses City Code 12-14-16 Guesthouses Background Staff originally recommended the deletion of 12-14-16 because guesthouses tend to be finished and rented as a dwelling unit. This conflicts with current Code, which limits one principle structure per residential property in single-family zoning districts. Current policy prevents construction of a separate sleeping quarters. At their April 26t\ 2005 meeting, the Planning Commission voted unanimously not to recommend approval of this revision. They felt this language was adequate and should remain in the City Code. At the August 3'd, 2005 City Council meeting, the Council requested a clarification of this revision and the addition oflanguage that will prohibit the use of guesthouses as rental property. Proposed Change This section will not be deleted from the Code, but one clause was added at the end of Part A that prohibits using a guesthouse as a rental property. ..................................................................................................................... Revision #81 Encroachments City Code 12-2-2 Definitions City Code 12-4-3 Encroachments Background As suggested at the March 28th Council work session, the proposed amendment has been limited to rear yard deck encroachments and the clarification language regarding lighting that was previously suggested. -r~ (. '\ U o () CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA ORDINANCE NO. AN ORDINANCE MODIFYING AND UPDATING VARIOUS SECTIONS OF THE CITY CODE AFFECTING RESIDENTIAL, COMMERCIAL AND INDUSTRIAL PROPERTIES IN THE CITY OF ANDOVER THE CITY COUNCIL OF THE CITY OF ANDOVER DOES HEREBY ORDAIN AS FOLLOWS: CITY CODE TITLE 5 CHAPTER 1 ANIMAL CONTROL ARTICLE C. NON-DOMESTICATED ANIMALS 5-1C-4: EXCEPTIONS: A. Animals Allowed By Permit: Conditional Use Permit: Falconry shall require a conditional use permit and be subiect to State Statute and the regulations of the Minnesota Department of Natural Resources CITY CODE TITLE 12: ZONING REGULATIONS CHAPTER 2: RULES AND DEFINITIONS 12-2-2: DEFINITIONS: AGRICULTURAL USE, RURAL: An area of five (5) or more contiguous acres which is used for the production of farm crops such as vegetables, fruit trees, grain and other crops and their storage on the area, as well as for the raising thereon of domestic animals, farm animals nondomestic animals and the raising aHd keeping of pleasurelrecreatioeal animals. AGRICULTURAL USE, URBAN: An area of less than five (5) contiguous acres which is used for the purpose of growing produce including crops, fruit trees, shrubs, plants and flowers, vegetables, and the like, provided such produce is intended solely for the use of owners on the property or sale away from the property. It shall inell:lde the raising of domestic and pleasure/recreation animals. ANIMALS, DOMESTIC: Animals commonly kept for pets, such as dogs, cats and similar animals that can be purchased at a retail pet store and maintained indoors. ANIMALS, FARM: Animals and poultry commonly kept for productive purposes on a farm, such as cattle, hogs, sheep, goats, chickens, and other similar animals, excluding poultry. ANIMALS, NONDOMESTIC: Any Animal~, reptile or f-owl which is not defined as domestic, farm or pleasure/recreational animals that are not naturally tame or geet1e but is of a wild nature -s- ,/,\ u o u or disposition or which, because of its vicious nature or other characteristics, would constitute a danger to human life or property including the prohibited animals listed in City Code 5-1 C-2. ANIMALS, PLEASURE/RECREATIONAL: :\nimals not Hormally kept in a residence sl:lch as horses, ponies, foals, donkeys, burros, mules, alpacas and llamas. or others. DECK: a horizontal. unenclosed platform with or without attached railings, seats, trellises or other features, attached or functionallv related to a principal use or site. FEEDLOT, LIVESTOCK: The place of confined feeding oflivestock. poultry, or other animals for food, fur. pleasure or resale purposes in vards. lots, pens, buildings, or other areas not normallv used for pasture or crops and in which substantial amounts of manure or related other wastes mav originate because of such feeding of animals. STOOP: a platform or deck which is the top level of a stairwav svstem that extends from the entrance of a building. POULTRY: Domestic fowls, such as chickens. turkeys, ducks, or geese, raised for meat or eggs. CHAPTER 4: GENERAL ZONING PROVISIONS 12-4-3: ENCROACHMENTS: The following shall not be considered as encroachments on setback and height requirements, subject to other conditions hereinafter provided: A. In Any Yard: 3. Yard lights and nameplate signs in residential districts, trees, shrubs, plants, floodlights, or other source oflight illuminating authorized signs, or light standards for illuminating parking areas, loading areas or yards for safety and security reasons, providecl the direct source of light is not yisible from the public right of way or adjacent residential property. C. In Rear Yards: .L Clotheslines, outdoor eating facilities, picnic tables, and recreational equipment, provided these are not less than ten feet (10') from any lot line. 2. Decks shall be allowed to encroach into the rear yard setback provided that no portion of the deck extends more than eight (8) feet into the otherwise required rear yard setback. 12 1 8: SHOPPING CENTERS AR)' Rew structures in a shapping center (SC) or neighborhood business (NB) district must be sho'Nfl to fit into an overall plan for the shopping center. BefDre any new area is zoned, the foll0'.RRg conditiaRs must be met: -.(- () ~~ u .^.. The area ,'fill be located adjacent to a thoroughfare or collector street as sho'.vn on the comprehensive plari or aG indicated aG a poteRtial shopping ceRter site or neighborhood bUGiness site OR sl:wh p1ari. B. Submission of a plot plari showing structoces, parking, driveways, landscaping and screening. C. If construction has not begun ,.."ithin twenty f.our (24) months, or if the project is not fifty percent (50%) completed withiR five (5) yearG, aRY further development of any type shall require a conditional use permit, and the plar.ning arid zoniRg commission may move to initiate a rezoning back to that in effect prior to neighborhood bUGiness (NB) or shopping center (SC) zonmg. D. The area zoned shall include at least t'.yo (2) acres for neighborhood bl:lsiRess (NB) and five (5) acres for shopping center (SC). E. :\RY area noted OR the zoning map as "SC" ','fith no definite boundary shall be administered as follows: 1. Only one comer of any major road intersection may be zoned for a shopping cemer (SC) at anyone time. 2. The landowner shall sabmit a plan in accordance with the proyisions of a plar.ned unit development +tJ ~ 3. The city cotmcil may grant or deny the request f.or bl:lsinesG zoning based upon the plans submitted. 4. .^. market feasibility study shall be submitted to indicate need, size and futlffe size. Vl.mended Ord. 8, 10 21 1970) CHAPTER 5: SETBACK REQUIREMENTS 12-5-5: ANIMAL SHELTERS: A. Animals: Any building in which farm anima1s,,-ef pleasure/recreational animals or poultry are kept shall be a distance of one hundred feet (100') or more from any other occupied residence, and any open or roofed enclosure in which such animals are kept shall be a distance of fifty feet (50') or more from any occupied residential lot. The City Council may order the owner of any such animals to apply for a conditional use permit if it is deemed to be in the interest of the public health, safety, or general welfare. (Amended Ord. 8, 10-21-1970; amd. 2003 Code; amd.Ord 31410-4-2005) CHAPTER 6: ACCESSORY BUILDINGS AND TEMPORARY STRUCTURES 12-6-5: LOCATION AND SETBACK REQUIREMENTS: B. In Residential Districts: 1. Accessory buildings and structures located in residentially zoned districts shall be set bade have a minimum setback of five feet (5') from side and rear lot lines unless an easement exists -7- /' , ) v that is more restrictive. l.ceessory bl:1ildings afld structl:lfes located en comer lets arc rcql:lircd to mect the side yard setback requirements from the street as stated in section 12 3 1 of this title. 2. Accessory buildings and structures located in a yard adiacent to a County road shall haye a minimum setback fifty (50) feet from the property line in all residential zoning districts except for the R-4 district. where the setback shall be forty (40) feet. rcsidentially zoned districts shall comply 'Kith all setback requirements as stated in section 12 3 1 of this title. 3. Accessory buildings and structures located in a yard adiacent to a City street shall have a minimum setback forty (40) feet from the property line in R-l and R-2 zoning districts and thirty-five (35) feet in R-3 and R-4 zoning districts. 4. Accessory structures located in the side or rear yard of comer lots that are adjacent to a lot that fronts on a cul-de-sac shall be no closer to the property line than the outside wall of the house. :3-, ~ Where less than 120 feet of right-of-way exists for county roads or arterial streets, setbacks for all structures shall be measured assuming a sixty-foot right-of-way on each side ofthe existing right-of-way centerline. (Amended Ord. 314, 10-4-2005) ~ 2:.. Where less than the minimum roadway right-of-way required by City Code 11-3-3 exists, setbacks for all structures shall be measured assuming right-of-way required by City Code 11-3- 3. (Amended Ord. 314,10-4-2005) (J G: Animals: Any building in which farm animals>-.ef pleasure/recreational animals or poultry are kept shall be a distance of one hundred feet (100') or more from any other occupied residence, and any open or roofed enclosure in which such animals are kept shall be a distance of fifty feet (50') or more from any occupied residential lot. The City Council may order the owner of any such animals to apply for a conditional use permit if it is deemed to be in the interest of the public health, safety, or general welfare. (Amended Ord. 8, 10-21-1970; amd. 2003 Code; amd.Ord 31410-4-2005) CHAPTER 12: PERMITTED, CONDITIONAL, AND PROHIBITED USES ENUMERATED ',---- Permitted, Permitted Accessory, and Zoning Districts Conditional Uses R- R- R- R- R- M- M- G LB N SC G I I 2 3 4 5 1 2 R B B Keeping of pleasure/recreation animals on residential properties at A A A A least 2.5 acres in size in compliance with Title 5 Keeping of up to 5 farm animals plus one additional farm animal per acre above 5 acres on residential properties ~ ~ 5 acres or greater up to a maximum of 20 animals8 Keeping of more farm animals than allowed as a permitted use on C C C residential properties 5 acres or greater -J'- f--- '---' in comnliance with Title 5~ Keeping of domestic animals ~ less e)(eept in R 1 ). A A A A A A A in compliance with Title 5 Keeping of poultrv on residential properties without municipal sewer P .e .e and water in compliance with Title 5 Feedlots, except Anoka Independent Grain and Feed Inc. which is a X X X X X X X X X X X X permitted use that predates the adoption of this ordinance. 8Farm operations in existence on April 18. 2006 are exempt from this provision. See also City Code 12-4-4. NOTE: P = Permitted Use A = Accessory Use C = Conditional Use X = Prohibited Use CHAPTER 13 PERFORMANCE STANDARDS 12-13-15: GUESTHOUSES: \J A. Guesthouses, for purpose of this title, shall be an accessory building detached from the principal building where accommodations for sleeping are provided but no kitchen facilities are provided. The intended use is for persons visiting the occupants of the principal building and shall not be used as a rental property. u -7- - -" ! 1 \..-1 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA ORDINANCE NO. SUMMARY AN ORDINANCE MODIFYING AND UPDATING VARIOUS SECTIONS OF THE CITY CODE AFFECTING RESIDENTIAL, COMMERCIAL AND INDUSTRIAL PROPERTIES IN THE CITY OF ANDOVER STATUTORY AUTHORIZATION AND POLICY Statutory Authorization This Ordinance is adopted pursuant to the authorization and policies contained in Minnesota Statute 462. Policy The purpose ofthis Ordinance is to eliminate conflicting language, clarify confusing language and revise city code requirements for a variety of items from fences, animals and exterior maintenance on residential properties to regulations for service stations, landscaping and screening of commercial and industrial properties and new developments and others not listed ::.J here. The amendments affect regulations in Titles 5 and 12 of the City Code. GENERAL PROVISIONS AND DEFINITIONS Jurisdiction The provisions of this Ordinance shall apply to the City of Andover Enforcement The City Administrator or his/her designee shall have the authority to enforce the provisions of this Ordinance. Interpretation Interpretation of the provisions of this Ordinance shall be held to be the minimum requirements and shall be liberally construed in the favor of the governing body. A printed copy of this Ordinance is available for inspection by any person during regular hours of the City Clerk. Adopted by the City Council of the City of Andover on this _ th day of ,200_. LJ ATTEST: CITY OF ANDOVER Victoria V olk, City Clerk Michael R. Gamache, Mayor -/~ '- ,', . Revision # 82 Snowmobiles & ATV's , , '.J City Code 6-4 Snowmobiles, ATV's, and Off-Hit!hwav Motorcvcles Backe:round At the March 28'h, 2006 Council Workshop, the City Council approved the basic changes to Chapter 6-4 that the Planning Commission had recommended. In addition, the council chose to investigate the prohibition of OHM's and ATV's on all property zoned R-2, R-3, or R-4 within the City of Andover and all properties less than 2.5 acres in size or any area closer than 500 feet to an existing home. Chapter 84 from the Minnesota State Statutes has some bearing on local control of off-highway motorcycles. The relevant language has been included with this report. > A prohibitive action such as this in regard to A TV's and dirt bikes may require further thought. Consideration should be given, for instance, to residents who use all-terrain ( vehicles for domestic chores, such as snowplowing or lawn maintenance in the prohibited areas. Council may want to discuss whether it would it be appropriate to hear public input before banning the use of A TV's and dirt bikes in a large portion of the City. Proposed Chane:es / . . \ '"j At their July 26th, 2005 meeting, the Planning Commission recommended the following changes: · "Off-Highway Motorcycles" be added to the title of Chapter 6-4 · "(OHM)" be added to the title of the definition for off-highway motorcycles · "AND ATV'S" be added to the title and body of Chapter 6-4-10 Language will also be added that will limit the use of Off-Highway Motorcycles to the hours between 8:00 AM and 8:00 PM. > Language that would prohibit the use of ATV's and OHM's on properties in the R-4, R- (. 3, and R-2 zoning districts, as well as properties less than 2.5 acres in size or areas closer than 500 feet to an existing house. , \ \--j -11- ~ .' CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA ORDINANCE NO. AN ORDINANCE AMENDING CITY CODE TO REMOVE SECTION 12-6: SNOWMOBILES AND ALL-TERRAIN VEHICLES. THE CITY COUNCIL OF THE CITY OF ANDOVER DOES HEREBY ORDAIN AS FOLLOWS: \ SECTION: '"j 6-4-1 : 6-4-2: 6-4-3 : 6-4-4: 6-4-5: 6-4~ 2,: 6-4-6 I: 6-4~ !!: 6-4-8 ~: 6-4-9 10: 6-4-11 : CITY CODE TITLE 6 MOTOR VEHICLES AND TRAFFIC CHAPTER 4 SNOWMOBILES, ALL-TERRAIN VEHICLES, AND OFF-HIGHWAY MOTORCYCLES Definitions Age Restrictions For Snowmobile Operation Prohibited And Permitted Areas Operation On Public Property Operation on Private Property Equipment Requirements Unattended Snowmobiles Chasing Animals Prohibited Exemptions From Provisions Violation; Penalty Off-Hiqhwav Motorcvcles and ATV's: Hours of Operation 6-4-1: DEFINITIONS: Unless the context clearly indicates otherwise, the words, combinations of words, terms, and phrases as used in this chapter shall have the meanings set forth in this section: ALL-TERRAIN VEHICLE: ( '\ \",j A motorized flotation-tired vehicle of not less than three (3) low pressure tires, but not more than six (6) low pressure tires, that is limited in engine displacement of less than eight hundred (800) cubic centimeters and total dry weight -'/2- - ~-.J BOULEVARD: OFF-HIGHWAY MOTORCYCLE (OHM): OPERATE: OPERATOR: '~ OWNER: PUBLIC LANDS: RIGHT-OF-WAY: ROADWAY: SAFETY OR DEADMAN THROTTLE: SNOWMOBILE: .' '\ - "'---" less than six hundred (600) pounds. That portion of the street right-of-way between the curb line and the property line. A motorized. off-hil!hwav vehicle travelinl! on two wheels and havinl! a seat or saddle desil!lled to be straddled bv the ODerator and handlebars for steerinl! control. includinl! a vehicle that is rel!istered under chaDter 168 for hil!hwav use when it is used for off-hil!hwav oDeration on trails or unimDroved terrain. (M.S. 84.787 subd. 7) To ride in or on, and control the operation of, a snowmobile or all-terrain vehicle. Every person who operates, or is in actual physical control of a snowmobile or all-terrain vehicle. A person, other than a lien holder, having the property in or title to snowmobiles or all-terrain vehicles, and entitled to the use or possession thereof. Public parks, playgrounds, trails, paths, and other public open spaces; scenic and historic sites; schools, and other public buildings and structures. The entire strip of land traversed by a highway or street in . which the public owns the fee or an easement for roadway purposes. That portion of a highway improved, designed, or ordinarily used for vehicular travel, including the shoulder, but not including the boulevard. A device which, when pressure is removed from the engine accelerator or throttle, causes the motor to be disengaged from the driving track. A self-propelled vehicle designed for travel on snow or ice and steered by skis or runners. -/3 - o URBAN DISTRICT: The territory contiguous to and including any street which is built up with structures devoted to business, industry, or dwelling houses situated at intervals of less than one hundred feet (100'), for a distance of a quarter mile or more. (Amended Ord. 109,6-6-1995) 6-4-2: AGE RESTRICTIONS FOR SNOWMOBILE OPERATION: A. Age Restrictions: No person under fourteen (14) years of age shall operate on streets or highways, or make a direct crossing of a street or highway, as the operator of a snowmobile. A person fourteen (14) years of age or older, but less than eighteen (18) years of age, may operate a snowmobile on streets or highways as permitted under this chapter, and make a direct crossing thereof, only if he/she has in his immediate possession a valid snowmobile safety certificate issued by the Commissioner of Natural Resources, as provided by Minnesota Statutes Section 84.86, as amended. B. Responsibility Of Snowmobile Owner: It is unlawful for the owner of a snowmobile to permit the snowmobile to be operated contrary to the provisions of this section. (Amended Ord. 109,6-6-1995) '\ J 6-4-3: PROHIBITED AND PERMITTED AREAS: A. Prohibited Areas: No person shall operate an all-terrain vehicle or snowmobile south of the line legally described in Exhibit A attached to Ordinance 109 and on file in the office of the City Clerk for public use and inspection, with the exception of designated snowmobile trails or areas that have been approved by the City Council and private property, provided permission is granted by the owner, occupant, or lessee of such land. B. Permitted Areas: The operation of all-terrain vehicles or snowmobiles is permitted north of the described line as shown in Exhibit A attached to ordinance 109 on file in the office of the City Clerk for public use and inspection. The following designated trails or areas south of this line are permitted: 1. On Round Lake (when frozen) when access can be legally obtained. 2. On Crooked Lake (when frozen) when access can be legally obtained. (Amended Ord. 109,6-6-1995; amd. 2003 Code) u -It/- , '\ \.J 6-4-4: OPERATION ON PUBLIC PROPERTY: No snowmobile or all- terrain vehicle shall be operated on public property within the city in violation of the following provisions: A. Within the city including, but not limited to: school grounds, park property, playgrounds, recreation areas and golf courses, except, snowmobiles may be operated on designated snowmobile trails or designated access thereto. B. Upon the roadway, shoulder, inside bank or slope of any trunk, county state aid, or county highway within the city and, in the case of a divided trunk or county highway, on the right-of-way between the opposing lanes of traffic. C. On city streets, except on the shoulder of the roadway or, in the absence of an improved shoulder, on the right hand most portion of the roadway (not on boulevard areas), and in the same direction as the street traffic on the nearest lane of the roadway adjacent thereto. In addition, snowmobiles or all-terrain vehicles shall take the shortest route on any city street to access any county road, county state aid highway, or any designated snowmobile trails. o D. On a public sidewalk or walkway provided or used for pedestrian travel. E. At any place while under the influence of an alcoholic beverage or controlled substance. F. At any speed in excess of fifteen (15) miles per hour on any public city street, or elsewhere at a rate of speed greater than reasonable or proper under all the surrounding circumstances. G. At any speed in excess of fifteen (15) miles per hour on any county road or county state aid highway in an urban district. All other county roads and county state aid highways not in an urban district must comply with Minnesota Statutes, or elsewhere at a rate of speed greater than reasonable or proper under all the surrounding circumstances. H. At a speed greater than fifteen (15) miles per hour when within one hundred feet (100') of any riverbank or lakeshore; or within one hundred feet (100') of fishermen, icehouses, or skating rinks; nor shall operation be permitted within one hundred feet (100') of any sliding area; nor where the operation would conflict with the lawful use of property, or would endanger other persons or property. (j I. At any place in a careless, reckless, or negligent manner, so as to endanger the person or property of another, or to cause injury or damage thereto. ~!s- ~ r ~ <J f " o :~ J. In a manner so as to create loud, unnecessary, or unusual noise, which disturbs, annoys, or interferes with the peace and quiet of another. K. On any days between the hours of eleven o'clock (11 :00) P.M. and eight o'clock (8:00) A.M.; except, on Saturday and Sunday, the restriction shall be between one o'clock (1 :00) A.M. and eight o'clock (8:00) A.M. L. So as to tow any person or thing on a public street or highway, except through use of a rigid tow bar attached to the rear of the snowmobile or all-terrain vehicle. M. Within fifteen feet (15') of any public sidewalk, walkway, or trail. N. In a tree nursery or planting in a manner that damages or destroys growing stock. O. Authorized snowmobiles and all-terrain vehicles may be used on any public property within the city for rescue, emergency, or law enforcement purposes. P. A snowmobile or all-terrain vehicle may make a direct crossing of a street or highway, provided: 1. The crossing is made at an angle of approximately ninety degrees (900) to the direction of the street or highway, and at a place where no construction prevents a quick and safe crossing. 2. The snowmobile or all-terrain vehicle is brought to a complete stop before crossing the shoulder or main traveled way of the highway. 3. The driver yields the right of way to all oncoming traffic, which constitutes an immediate hazard. 4. In crossing a divided street or highway, the crossing is made only at an intersection of such street or highway with another public street or highway. 5. If the crossing is made between the hours of one-half (1/2) hour after sunset to one-half (1/2) hour before sunrise or, in conditions of reduced visibility, only if both front and rear lights are on. 6. A snowmobile or all-terrain vehicle may be operated upon a bridge other than a bridge that is the main traveled lanes of an interstate highway, when required for the purpose of avoiding obstructions to travel when no other method of avoidance is possible, provided the snowmobile or all-terrain vehicle is operated in the extreme right hand lane, the entrance to the roadway is made within one hundred feet (100') of the bridge, and the crossing is made without undue delay. -tt- < J ~ r , <. _./ . \ I , \..J Q. No snowmobile or all-terrain vehicle shall enter any controlled intersection without making a complete stop. The operator shall then yield the right-of- way to any vehicles or pedestrians that constitute any immediate hazard. R. An all-terrain vehicle or snowmobile may be operated upon any public street or highway in any emergency during the period of time when and at locations where the condition of the roadway renders travel by automobile impossible. (Amended Ord. 109,6-6-1995; amd. 2003 Code) 6-4-5 OPERATION ON PRIVATE PROPERTY The operation of all-terrain vehicles and off-hiohway motorcycles shall be prohibited in the followino areas: A) Any property in the R-2. R-3. or R-4 zonino district. B) Any property less than 2.5 acres in size. C) Any area within 500 feet of an existino house. 6-4--02: EQUIPMENT REQUIREMENTS: It is unlawful for any person to operate a snowmobile or all-terrain vehicle any place within the corporate limits of Andover unless it is equipped with the equipment set forth as follows: A. Muffler; Cutout, Bypass: Standard mufflers which are properly attached and in constant operation, and which reduce the noise of operation of the motor to the minimum necessary for operation. No person shall use a muffler cutout, bypass, straight pipe or similar device on a snowmobile motor, and the exhaust system shall not emit or produce a sharp popping or crackling noise. B. Brakes: Brakes adequate to control the movement of, and to stop and hold, the snowmobile or all-terrain vehicle under any conditions of operation. C. Safety Throttle: A safety or so-called "deadman" throttle in operating condition so that when pressure is removed from the accelerator or throttle, the motor is disengaged from the driving track. D. Lights: 1. At least one clear lamp attached to the front, with sufficient intensity to reveal persons and vehicles at a distance of at least one hundred feet (100') ahead during the hours of darkness under normal atmospheric conditions. Such head lamp shall be so aimed that glaring rays are not projected into the eyes of an oncoming vehicle operator. -/7- , 2. It shall be equipped with at least one red tail lamp having a minimum candlepower of sufficient intensity to exhibit a red light plainly visible from a distance of five hundred feet (500') to the rear during the hours of darkness under normal atmospheric conditions. 3. Such equipment shall be in use when the vehicle is operated between the hours of one-half (1/2) hour after sunset, or one-half (1/2) hour before sunrise, or at times ofreduced visibility. (Amended Ord. 109, 6-6-1995) 6-4-6?.: UNATTENDED SNOWMOBILES: Every person having a snowmobile in a public place shall lock the ignition, remove the key and take the same with him. (Amended Ord. 109,6-6-1995) 6-4-7 ~: CHASING ANIMALS PROHIBITED: It is unlawful to intentionally drive, chase, run over, kill, otherwise take or attempt to take any animal, wild or domestic, with a snowmobile or all-terrain vehicle. (Amended Ord. 109,6-6-1995; amd. 2003 Code) 6-4-8~: EXEMPTIONS FROM PROVISIONS: The City's enforcement agency or the County Sheriffs Department, in order to provide enforcement, shall be exempt from the requirements of this chapter. (Amended Ord. 109,6-6-1995) 6-4-9 1 0: VIOLATION; PENALTY: Any person violating any provision of this chapter shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished as provided in Section 1-4-1 of this code. (Amended Ord. 109,6-6-1995; amd. 2003 Code) 6-4-11: OFF-HIGHWAY MOTORCYCLES AND ATV'S: HOURS OF OPERATION: Off-hiClhwav motorcvcles and ATV's shall not be operated between the hours of 8:00 PM and 8:00 AM within the City. Adopted by the City Council of the City of Andover on this _ day of ,2006. CITY OF ANDOVER ATTEST: Michael R. Gamache, Mayor " \....,.. Vicki V olk, City Clerk _IJ'- Minnesota Statutes 2005,84.795 o () o 10f3 http://www.revisor.leg.state.mn.us/data/revisor/statutes/200 5/84/79 5... Minnesota Statutes 2005, Table of Chapters S+d~_ A-- Table of contents for Chapter 84 84.795 Operation requirements; local regulation. Subdivision 1. Operation on public road rights-of-way. (a) A person may not operate an off-highway motorcycle within the right-of-way of a town road or a trunk, county state-aid, or county highway in this state unless the right-of-way encompasses: (1) a trail administered by the commissioner and designated for off-highway motorcycle use or multiple use; or (2) a corridor access trail designated under paragraph (b). (b) A road authority, as defined in section 160.02, subdivision 25, may designate, with the approval of the commissioner, corridor access trails on public road rights-of-way for gaining access to established off-highway motorcycle trails. (c) A person may not operate an off-highway motorcycle upon a trunk, county state-aid, or county highway in this state unless the vehicle is equipped with at least one headlight and one taillight, each of minimum cand1epower as prescribed by rule of the commissioner, and with brakes conforming to standards prescribed by rule of the commissioner, all of which are subject to the approval of the commissioner of public safety. (d) A person may not operate an off-highway motorcycle at any time within the right-of-way of an interstate highway or freeway within this state. Subd. 2. Crossing public road right-of-way. (a) A person operating an off-highway motorcycle may make a direct crossing of a public road right-of-way provided: (1) the crossing is made at an angle of approximately 90 degrees to the direction of the road and at a place where no obstruction prevents a quick and safe crossing; (2) the off-highway motorcycle is brought to a complete stop before crossing the shoulder or main traveled way of the road; (3) the driver yields the right-of-way to all oncoming traffic that constitutes an immediate hazard; (4) in crossing a divided road, the crossing is made only at an intersection of the road with another public road; and -17- 4/5/2006 I :28 PM Minnesota Statutes 2005,84.795 o o ,~ 20f3 http://www.revisor.leg.state.mn.us/data/revisor/statutes/2005/84179 5... (5) if the crossing is made between the hours of one-half hour after sunset to one-half hour before sunrise or in conditions of reduced visibility, only if both front and rear lights are on. (b) Chapters 169 and 169A apply to the operation of off-highway motorcycles upon streets and highways, except for those provisions relating to required equipment and those provisions that by their nature have no application. Subd. 3. Exemptions. Subdivisions 1 and 2 do not apply to vehicles registered for public road use under chapter 168 when being operated on a traveled portion of a public road. Subd. 4. Operation generally. A person may not drive or operate an off-highway motorcycle: (1) at a rate of speed greater than reasonable or proper under the surrounding circumstances; (2) in a careless, reckless, or negligent manner so as to endanger or to cause injury or damage to the person or property of another; (3) in a tree nursery or planting in a manner that damages or destroys growing stock; (4) without a brake operational by either hand or foot; (5) at a speed exceeding ten miles per hour on the frozen surface of public waters within 100 feet of a person fishing or a fishing shelter; or (6) in a manner that violates operation rules adopted by the commissioner. Subd. 5. Operating under influence of alcohol or controlled substance. A person may not operate or be in control of an off-highway motorcycle anywhere in this state or on the ice of any boundary water of this state while under the influence of alcohol or a controlled substance, as provided in section 169A.20, and is subject to sections 169A.50 to 169A.53. A conservation officer of the Department of Natural Resources is a peace officer for the purposes of sections 169A.20 and 169A.50 to 169A.53 as applied to the operation of an off-highway motorcycle in a manner not subject to registration under chapter 168. Subd. 6. Operation prohibited on airports. may not drive or operate an off-highway motorcycle defined in section 360.013, subdivision 39. A person on an airport Subd. 7. Organized contests. Nothing in this section or chapter 169 prohibits the use of off-highway motorcycles -- 20- $;l4+ CIte.. - 4/5/2006 1:28 PM Minnesota Statutes 2005,84.795 u ~ u 300 http://www.revisor.leg.state.mn.us/data/revisor/statutes/200 5/84179 5... within the right-of-way of a state trunk or county state-aid highway or upon public lands or waters under the jurisdiction of the commissioner of natural resources, in an organized contest or event, subject to the consent of the official or board having jurisdiction over the highway or public lands or waters. In permitting the contest or event, the official or board having jurisdiction may prescribe restrictions, conditions, or permit revocation procedures, as the official or board considers advisable. ~ Ae-hl-!e ~~--;-?l~._ ~ Subd. 8. Regulations by political subdivisions. A county, city, or town, acting through its governing bOdy, may regulate the operation of off-highway motorcycles on public lands, waters, and property under its jurisdiction other than public road rights-of-way within its boundaries, by resolution or ordinance of the governing body and by giving appropriate notice, provided that: (1) the regulations must be consistent with sections 84.787 to 84.796 and rules adopted under section 84.79; (2) an ordinance may not impose a fee for the use of public land or water under the jurisdiction of either the Department of Natural Resources or another agency of the state, or for the use of an access to it owned by the state, a county, or a city; and (3) an ordinance may not require an off-highway motorcycle operator to possess a motor vehicle driver's license while operating an off-highway motorcycle. HIST: 1993 c 311 art 1 s 9; 2000 c 478 art 2 s 7 Copyright 2005 by the Office of Revisor of Statutes, State of Minnesota. -21- e:>~M Ke~~\ Cl1-i o"v by C i1"i eo 5 4/5/2006 I :28 PM o , '\ '.-.-J o CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA ORDINANCE NO. SUMMARY AN ORDINANCE MODIFYING AND UPDATING VARIOUS SECTIONS OF THE CITY CODE AFFECTING RESIDENTIAL, COMMERCIAL AND INDUSTRIAL PROPERTIES IN THE CITY OF ANDOVER STATUTORY AUTHORIZATION AND POLICY Statutory Authorization This Ordinance is adopted pursuant to the authorization and policies contained in Minnesota Statute 462. Policy The purpose of this Ordinance is to restrict the public nuisance created by the use of all- terrain vehicles, snowmobiles, and off-highway motorcycles. By limiting where and when they can be used, the Council hopes to reduce the nuisance created by noise, dust, and trespass. The amendments affect regulations in Titles 6 of the City Code. GENERAL PROVISIONS AND DEFINITIONS Jurisdiction The provisions of this Ordinance shall apply to the City of Andover Enforcement The City Administrator or his/her designee shall have the authority to enforce the provisions of this Ordinance. Interpretation Interpretation of the provisions of this Ordinance shall be held to be the minimum requirements and shall be liberally construed in the favor of the governing body. A printed copy of this Ordinance is available for inspection by any person during regular hours of the City Clerk. Adopted by the City Council of the City of Andover on this _ day of _ 2006. ATTEST: CITY OF ANDOVER Victoria Volk, City Clerk Michael R. Gamache, Mayor -Z2- 1\.'----) Regular Andover City Council Workshop Meeting J Minutes - March 28, 2006 Page 7 ickinson wondered if the Council thought this is too premature. Councilmember Orttel thought l' Mr. Allen stated if they do not install the fiber now with the School District, the cost will be significan ore in the future. Councilmember Knight stated the not be able to do this. uld have to have subscribers lined up otherwise they would The Council recessed at 8:40 p.m. The Council reconvened at 8:45 p.m. ",. CODE REVISIONS Mr. Neumeister eXplained to meet a goal of the City Council an item concerning buffering or rural neighborhoods from new urban residential neighborhoods has been added. C) Revision 84 - Buffering Urban Neighborhoods from Rural Neighborhoods Mr. Neumeister indicated the language above the photo on page three is the language the Council may want to consider adding to the ordinance but the word rural in the third line toward the end should read "urban". He noted they are trying to get the urban area to buffer the adjacent undeveloped rural type area. Councilmember Jacobson wondered if after buffering an area, rural wants to become urban, would this be a problem. Mr. Neumeister stated they would need to determine if the area is going to be temporary rural or permanent rural. Mayor Oamache thought they should go by the ultimate MUSA line for buffering. He thought this was the best way to do it because they would not be buffering areas that would change in the future. Councilmember Trude thought a wetland was enough of a buffer in some places. Councilmember Orttel thought it should be kept fairly open because each development should do like a PUD for buffering. Mr. Neumeister stated they are going to ask the buffering be a combination of a no disturbance or require planting trees to fill gaps in existing vegetation and will based on a case by case basis. (j Councilmember Jacobson thought in the preliminary plat stage they will indicate if a buffer is needed and what type of buffer. Mr. Neumeister stated where urban is adjacent to a more rural area they have the right to ask for buffering. Revision 32 - Shopping Center Location and Completion Requirements -2.J- : _)' Regular Andover City Council Workshop Meeting '. Minutes - March 28, 2006 Page 8 Councilmember Jacobson asked how many shopping center districts are left in the City. Mr. Neumeister indicated on the map what they have left in the City. Mr. Dickinson indicated that this would also assist shopping center's that may require redevelopment. Councilmember Trude thought the biggest thing is if it is not in the Code book, they cannot enforce this. Mr. Neumeister explained Chapter 12 covers everything that will be deleted. Councilmember Trude stated they need to look at screening of shopping areas to residential along with parking buffering. Mr. Neumeister stated they would come back with changes that will have buffering that gives them the combination and the flexibility so when they' see a request that comes before them as a preliminary plat, they will ask that the buffering be brought forward as an element when they see a need for buffering. Revision 52 - Animals !' ''l Councilmember Orttel wondered why this came up for revisions. He indicated he never had a complaint with rural farm land. '-j Councilmember Orttel wondered if they could grandfather in all of the current farms and any future farms would need to follow this revision. Mr. Neumeister thought they could do this. Councilmember Jacobson stated they need to be careful when residential moves in by farms; there will be complaints. Councilmember Knight thought they need to reword the revision regarding chickens and poultry to have them indicated in the code as a "unit" instead of "each" because there is a significant difference between a chicken and a cow. Council thought they need to add another column to exempt operating farms that have livestock, Green Acre operations or an existing operating farm and to change chickens to animal units. Revision 68 - Guesthouses Mr. Neumeister stated the only changes to this ordinance is that in order to be a guest house they could not be used as a rental unit and could not have kitchen facilities. The Council was fine with this. . . , , '--..,) Revision 81 - Encroachments - Front and Rear Yard Setbacks Mr. Neumeister stated the wording in the staff report should read "Front setback line" instead of front property line. -z~ ,-. Regular Andover City Council Workshop Meeting . '- j Minutes - March 28, 2006 Page 9 Mayor Gamache wondered what the difference would be between the front porch and an addition onto the back of the home. Councilmember Trude thought a porch may look terrible in a neighborhood ifit did not fit in with the surrounding homes and did not look like a part of the home. Mayor Gamache thought it would be ok to put on a front porch but they would need a way to control it. Councilmember Jacobson thought a porch may devalue the neighborhood if they allow this. Mr. Dickinson stated they could drop this and just go by a variance process. Councilmember Trude did not think this is a variance issue; it is a code issue. Do they want to allow front porches or not? They need to get some City approved plans for people who want to upgrade their homes in the City, like other cities. They could get a variance ifthey followed an approved City plan for a front porch. The Council thought they should get rid of any ideas for porches on the front and just look at the rear. The homeowner could still apply for a variance, which would need a hardship in order to get a porch. ". Revision 82 - Dirt Bikes I Councilmember Jacobson suggested they prohibit A TV and dirt bikes in R-2 through R-4 Districts, 2.5 acres or less or in any area closer than five hundred feet to a residence. Mayor Gamache wondered if they should include the time limit of 8 :00 am to 8:00 pm. The Council did not have a problem with including this. Miscellaneous - Detached garages on corner lots The third suggestion is the detached garage cannot be any closer than the extended line of the principal structure, not including the garage. This would be more restrictive. Councilmember Orttel stated version three looks good. The rest of the Council agreed. Mr. Neumeister indicated they would write up some language and bring it back for review. Miscellaneous - Lighting as discussed in the encroachments section Councilmember Jacobson thought almost everyone has some type of a security light and all of them would be violations according to the revision. ," ..., \..../ Mr. Neumeister stated they should take the bold language off the front page paragraph and stop at security reasons. -'2)- .~~ u , " o @ CITY OF NDOVE TO: 1685 CROSSTOWN BOULEVARD N,W. . ANDOVER, MINNESOTA 55304. (763) 755-5100 FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US Mayor and Councilmembers ~ Jim Dickinson, City Administrator Will Neumeister, Community Develop t Director CC: FROM: Chris Vrchota, Associate Planner~ SUBJECT: Consider Code Amendment/Revisions to the Sign Code 12-13-8/Updating the Code (Cont.) - Planning DATE: April 18, 2006 INTRODUCTION A number of questions were raised during the discussion of the sign code revisions at the April 4th City Council meeting. Much of the confusion was likely due to the fact that the definitions section was inadvertently omitted from the attached ordinance. DISCUSSION The attached ordinance contains all sections ofthe code that are relevant to the discussion ofthe sign code. It should be noted that included in the definitions are flashing signs and billboard signs, both of which were discussed at the April 4th meeting. There was also some discussion at that meeting about where portable, trailer based temporary signs are allowed. As the code is presented, these signs would be permitted as temporary in all commercial and industrial districts, and on governmental and institutional properties in residential districts. (See "Sign, Temporary" in 12-2-2: Definitions and section 12-16-1O-A.) The intent is to allow them on appropriate sites in residential areas (churches, schools, the Community Center, etc...) while prohibiting them from being used on residential lots. Attachments Ordinance Summary Ordinance ACTION REOUESTED The City Council is asked to consider adopting the proposed changes to the Sign Code (attached). Ifthe changes are adopted, the Council is also asked to adopt the attached summary ordinance. ~;!'~ Submitted, ~ ~rchota . "- o '~J (j CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA ORDINANCE NO. AN ORDINANCE AMENDING CITY CODE TITLE 12 DEALING WITH SIGNS WHEREAS, The section of the City Code dealing with signs has been reviewed and updated to modernize the regulations and performance standards for signs, remove conflicting and confusing language, and make the code easier to understand; and WHEREAS, The proposed changes have been reviewed and recommended for approval by the Planning Commission. NOW THEREFOR BE IT RESOLVED, THE CITY COUNCIL OF THE CITY OF ANDOVER HEREBY ORDAINS (Underlining being newly added language and strike- outs indicating language to be removed): CHAPTER 2: DEFINITIONS LIGHTING. DIFFUSED: LiQhtinQ that is filtered or dispersed so as to be reduced in intensity. SIGN: A name, identification, description, display, structure, illustration, or device which is affixed, painted, or represented either directly or indirectly upon a building or other surface which directs attention to an object, product, place, activity, person, institution, organization or business. SIGN, ABANDONED: A sign which no longer correctly advertises a bona fide business, lessor, owner, product or activity conducted, or product available on the premises where the sign is displayed, or elsewhere. SIGN AREA: The area within the frame shall be used to calculate the square footage; except, that the width of a frame exceeding twelve inches (12") shall constitute advertising space, or should such letters or graphics be mounted directly on a wall or fascia or in such a way as to be without a frame, the dimensions for calculating the square footage shall be the area extending six inches (6") beyond the periphery formed around such letters or graphics in a plane /, '0 SIGN STRUCTURE: SIGN STYLES: SiQn. Audible Sign, Bench: Sign, Combination: Sign, Electrio: (j Sign, Flashing: Sign, Freestanding: Sign, Illuminated: Sign, Motion: u bounded by straight lines connecting the outermost points thereof, and each surface utilized to display a message or to attract attention shall be measured as a separate sign. The supports, upright, braces and framework of the sign. Anv siQn constructed to produce or emit sound. This shall not include order boards used in coniunction with a drive-thru window. A sign which is affixed to a bench at a bus stop, not to include memorial dedications in park areas. A sign incorporating aRy !! combination of the features of freestandinQ and wall ground, projeoting, and roof signs. !'.ny sign oontaining electrical wiring but not inoluding signs illuminated by an exterior, unattached light source. An illuminated sign on which the artificial light is not maintained stationary and/or constant in intensity and color. A sign which is supported by one or more uprights, poles or braces in or upon the ground, other than a combination sign. This shall include Qround monument style siQns. Any sign which has characters, letters, figures, designs or outlines illuminated by electric lights or tubes. P. sign whioh has moving parts (struotural); does not include flashing eigne whioh blink on and off, but may include signe whioh produce a moving effeot through use of illumination. Signs which revolve or turn on an axis point such as a pedestal, string, or post shall not be considered revolving if there are less than t\'.'O (2) complete revolutions per minute. r-, U Sign, Multi-faced: A sign with two (2) or more exposed faces, not to exceed the square footage allowed for a single face sign. Sign, Pedef:t::ll (Pylon): ^ ground sign erected on not more than threo (3) f:haftf: or pOf:tf: f:olidly ::lffixod to tho ground. Sign, Portablo: f\ sign dosignod to bo movod from one loc::ltion to ::lnothor, I....hioh is not affixed to tho ground or structuro. Sign, Reader Board: A sign which has a reader board where copy changes. Sign, Roof: A sign erected upon the roof deck or above ::I roof or the parapet of a building. Sign, Wall: A sign attached to or erected against the wall of a building, with the exposed face of the sign in a plane parallel to the plane of said wall. SIGN TYPES: :j Sign, I\dvortif:ing: .A... f:ign which dirootf: ::lttontion to ::l businof:f:, profef:f:ion, oommodity, sorvice or ontort::linmont not f:old or offerod upon tho promif:8f: whore suoh sign is looated or to whioh it is att::lohod. Sign, Area Identification: A freestanding sign which identifies the name of a neighborhood, a residential subdivision, a multiple residential complex consisting of three (3) or more structures, a shopping center or area, an industrial area, an office complex consisting of three (3) or more structures, or any combination of the above, could be termed an area. SiQn. Ballfield AdvertisinQ: A siQn that is attached to the outfield wall or fence of a baseball field and advertises a business, Qood. or product that is not sold or offered on the premises. o SiQn. Billboard: A permanent siQn or siQn structure with a chanQeable face used to advertise products. o goods. or services that are not sold. offered. or otherwise related to activities conducted on the premises on which the sign is located. Sign, Business Or Industrial Identification: In 3 buciness or inductrhl district, A sign which states the name, address, or both, of the businesses, industry or occupant~ of tRe .!! lot.,-Gf m3Y be n directory listing the n3mes, nddrescec and bucineccec of occup3ntc. Sign, Governmental: A sign which is erected by a governmental unit or public utility for the purpose of public information, warning or directing traffic. Sign, Institutional: A sign and/or reader board which identifies the name and other characteristics of an institutional use located within designated zoning districts and allowed by the this title. "Institutional signs" shall contain no advertisement. (Examples: churches, schools, sanitariums, hospitals, government buildings and nursing homes). Cj SiQn. Memorial Dedication: Sign, Real Estate: Sign, Residential Identification: Sign, Temporary: () A siQn memorializing a person or persons. deed. or event. Such signs shall not include any type of advertising or commercial message. A sign offering property (land and/or buildings) for sale, lease or rent. In n residenti31 dictrict, A sign identifying a resident (including address and profession, occupation or home occupation), school, church, or other non- business use. Any sign not exceeding ten (10) cqu3re feet placed in such a manner as not to be solidly affixed to any building, structure, or land. and 3dvertising an event such ac a b3z3ar, spechl c3le, sporting event or simibr cituation. In no event, however, chnll such signs be placed on any lot or p3rcel of 13nd f-or 3 period to exceed thirty (dO) d3Ys out of any twelve (12) month period. / ' , ) '--../ SIGN, UNSIGHTLY: SECTION: " '\ '-...J 12-16-1: 12-16-2: 12-16-3: 12-16-4: 12-16-5: 12-16-6: 12-16-7: 12-16-8: 12-16-9: 12-16-10: 12-16-11: A condition where a sign has deteriorated to the point that one-fourth (1/4) or more of the surface of the name, identification, description or other symbol is no longer clearly recognizable to the human eye at a distance of forty feet (40'). In the case of painted signs, "unsightly" shall mean that the paint is peeling away from the structure surface or is faded so that it is not recognizable to the human eye at a distance of forty feet (40'). CHAPTER 16: SIGNS Purpose Scope Permit ReQuired Exemptions SiQns Prohibited in All Districts Real Estate SiQns Performance Standards Permitted SiQns and Standards by Zonin~ District Si~ns Allowed by Conditional Use Permit Temporary and Promotional Siqns Inspections 12-16-1: Purpose: The purpose of this section is to allow effective si~na~e appropriate to the planned character of each zonin~ district and to provide minimum standards for the safeguard of life, health, safety, property and public welfare by regulating and controlling the design, quality of materials, construction, type, size, location, olootrific3tion and maintenance of all signs and sign structures not located within a building. 12-16-2: Scope: No signs sh311 hero3fter bo orocted, ro orocted, constructed or 31torod, oxoept 3S providod by this title. The si~n re~ulations set forth in this chapter shall apply to all structures and all land uses. except as otherwise provided in this chapter. All si~ns allowed by this chapter shall be limited to on-premise si~ns. except where otherwise specifically noted. , , : J' \~ 12-16-3: Permit ReQuired ~: A permit is reQuired for the installation of any siQn in the City except for those exempted in section 12-16-4. A permit f"'. , I 'J application shall be submitted and a set fee established by the City Council1 shall be paid before a permit is issued. oxoopt Ihere shall be no fee for governmental units or nonprofit organizations. 12-16-4: Exemptions: The followin~ si~ns shall not reQuire a si~n permit. provided that the ~eneral si~n re~ulations established in this code are met: A. Election Signs: Election signs are permitted iR on any private property. Such signs may be pl3cod displaved from August 1 until ten (10) days after the general election. B. Temporary Governmental Signs: All temporary governmental signs used to control traffic during road or utility construction activities and provide information or warning to the public. C. Private Traffic Circulation Signs: Private traffic circulation signs in parking lots, and pedestrian circulation signs, and traffic warning signs in alleys or other hazardous situations may bO!ill! permitted, provided: 1.-SooJ:l Individual signs do not exceed three (3) square feet. ,. ", <J 2. The minimum number necessary for purposes intended is utilized. 3. Such signs are utilized exclusively for purposes intended and permitted. (Amended Ord. 8,10-21-1970) D. Normal sign alteration and maintenance shall not require a sign permit, including: 1. The changing of 3dvortising the copy or message on a reader board si~n p3intod or printod sign 3nd p3pOFod billb03rds, or changing a message on theater marquees. 2. Maintenance, painting, repainting or cleaning of a sign unless a structural change is made. 12-16-5: Prohibitod Signs; All Districts: Si~ns Prohibited in All Districts: The following signs may shall not be erected within the city: A. No cign m3Y bo orectod Anv si~n that, by reason of position, shape, movement or color, interferes with the proper functioning of a traffic sign or signal or which otherwise constitutes a traffic hazard. !' '\ \...../ 1 See subsection 1-7-3H of this code. j B. There shall be no flashing sign or revolving sign in the front setback area within one hundred twenty five feet (125') of a street intersection (as measured from intersecting right of way lines) or within one hundred twenty five feet (125') of a residential district, except where lighting for such sign is indirect or diffused ::md in no way constitutes a traffic hazard. C. Signs shall not be painted directly on a stone or on the outside wall of a building or any siQn affixed to a fence, tree, stone, or utility pole.-9F other similar objects in ::my district. D. Roof siQns. roof advertisinQ symbols. roof 10Qos. roof statues. or roof sculptures. No siQn shall extend above the roofline. E. Signs may not be permitted within the public right of way or easements, except as authorized by the governing body~ under subsection G1c(3) of this section. F. \ , ) G. H. I. F. No sign 'NiII be permitted thnt pro'/ides refuge from police surveillance or tends to accumul3te debris as 3 fire haz3rd to the public he3lth, G3f-oty, convenience, or gener31 welfare. Audible siQns. Billboard siQns. Any siQn which contains information. whether written or Qraphic. that is obscene in nature. All siQns not expressly permitted or exempted under this chapter. 12-16-6: Real Estate SiQns: SiQns advertisinQ the availability of property for sale. lease. or rent shall be allowed in all districts. subiect to the followinQ provisions: A. All real estate siQns shall be subiect to the provisions of this chapter. except herein provided. B. All siQns shall be removed within seven (7) days after the completion of the advertised sale or lease. C. SiQns advertisinQ new residential or commercial developments are permitted. provided that: .. \ \._/ 1. Such siQns do not exceed thirty-two (32) square feet in size. 2. There shall be no more than one such siQn per street frontaQe of r, '0 :J o the development. . D. Si!:ms offerinq individual properties. either land and/or buildin!:ls. for sale. lease or rent shall be limited to six square feet in size. One such siqn shall be permitted per lot. A si!:ln permit is not required for the placement of these siQns. . 12-16-7: Minimum Sign Performance Standards: A. Construction Requirements; Nonconforming Signs: All signs shall be in accordance compliance with applicable provisions of the state Andover Building Code. 1\11 signe not in conformity with the provieione of thie title shall be removed within a period of BNO (2) yeare following enactment. Every person enQaQed in the business of erectin!:l si!:lns in the city is required to have a valid contractors license issued by the Buildin!:l Department. B. Maintenance And Repair: All signs shall be maintained so as not to be unsightly to 3cijoining orene or create hazards to the public health, safety or general welfare. All signs, together with their supports, braces, guys and anchors, shall be kept in !:Iood repair and in a proper state of preservation. The display surfaces of all signs shall be kept neatly painted or posted at all times. The city may order the removal of any sign that is not properly maintained. C. Obsolete Siqns: Anv siQn that no lon!:ler advertises or identifies a bona fide business conducted or product sold on the premises shall be removed by the property owner within thirty (30) days after written notification from the Zoninq Administrator. Support posts and frames that no 10nQer contain si!:lnaqe must be removed by the property owner within six (6) months after written notification from the ZoninQ Administrator. D. Size and Placement Standards: 1. AU !lIuminated signs located within fifty feet (50') of a residential district lot line shall be diffused or indirect so as not to reflect direct raye of light into adjacent residences. 2. In all districts, any portion of any sign exceeding four (4) square feet shall be set back a minimum of ten feet (10') from any street right of way line and five feet (5') from any residentially zoned property line. ~ developed as: nn integral part of Q building (such as a sign on a parapet wall or service etation) may exceed the height limite, provided euch excess height is not over five foet (5'). ." v 3. Projection: Signs may proiect a maximum 2 feet into a required building setback area. 4. Automobile ~ervice stations may erect one pylon or pedestal sign not to exceed twenty five feet (25') in height in a setback area, provided no part of any such sign shall be closer to the side lot lines than the required side yard setback, nor within five feet (5') of the rear lot line or any street right of way. 5. Multi-faced signs may shall be permitted, with the maximum square footage on each side. Multi-faced signs shall not exceed two (2) times the area of single faced signs. 6. Signs sh::tll be permitted on vacant lots shall be limited to real estate siQns. in ::tccord::tnce with those regubtions. 7. All corner and through double frontaQe lots shall be considered as having two (2) front lot lines for application of regulations pertaining to signs. E. Area Identification Signs: Area identification siQns. including off site siQns. shall be permitted in all districts subject to the provisions of this chapter and with the following conditions: u 1:. The siQn shall not be separated from the area or project it identifies by an arterial roadway. 2. The siQn shall be within 500 feet of the proiect it is identifying. 3. The sign shall not be included in the total signaQe permitted for the property on which it is located. 4. The owner of the property where the sign is to be placed shall giye written permission for the sign to be placed on their property. 5. All area identification signs shall be identified on the plat or commercial site plan. 12-16-8: Permitted Signs and Standards In Specific by Zoning Districts: Signs shall be permitted by zoning district in accordance with the following minimum standards: ~ A. Residential Districts: .~ 1. Type: Residential identification, area identification. !nstitutional, temporary, any siqn exempted in section 12-16-4. a. Portable. trailer based temporary siQns shall be permitted for qovernmental or institutional uses only. 2. Style: Combination, freestanding, pedeet3l, wall. 3. Number: One per lot frontage. 4. Height: Not over ten feet (10') above grade except as otherwise provided herein. 5. Illumination: Indirect or diffused lighting of signs is permitted" eubject to lumin3tion controle. 6. Size: a. Residential identification and temporary, as follows: :J Parcel (Land) Size Maximum Square Feet Per Dwellino 4 16~ On parcels less than 5 acres On parcels of 5 acres but less than 20 On parcels of 20 acres or greater *Signs greater than four (4) square feet on parcels of land five (5) acres or more in size shall only identify agricultural related uses. 20~ b. Nonrecidentbl and !nstitutional Signs: Institutional siQns up to thirty-two (32) square feet shall be permitted. Thirty two (32) square foot for nonroeidential eigne offering a reeidenti31 development for e31e and institution31 eigns. Sixty-four (64) square feet of siqnaqe is permitted for multiple frontaqe lots. c. Area Identification Siqns: One freestandinq siqn shall be allowed at each street entrance to a subdivision Afea identification eigne may bo allowed, provided: o (1) The area for development is larger than five (5) acres; . , v (2) One E:ign per development iE: allowed by conditional UE:e permit. I\dditional signE: shall be revie'Ned by the Andover review committee (/\RC) and the planning and zoning commiE:E:ion and approved by the city council. (2) All sians shall be identified on the preliminary plat. (3) The maximum square footage of the sign is thirty-two (32) square feet in area. (4) The sign is located ten feet (10') from any property line. (2) Roal oE:tnto signE:, aE: follows: E:ix (6) E:quare feet for real eE:tate E:ignE: offering individual propertieE:, either land and/or buildings, for E:ale, loaE:o or rent. f. Projection: Any sign o'.'er four (1) cquare foet shall be cet back at leaE:t ten foet (10') from any lot line. d. Illumination: Indirect or diffused lighting of E:igns permitted, subject to lumination controlE:. CJ B. General Recreation (GR} And Limited Business (LB} Districts: 1. Type: Business identification, institutional, area identification, temporary, any siQn exempted in section 12-16-4. 2. Style: Combination, freestanding, illuminated, pedestal, roof, wall. 3. Height: No more than two feet (2') above No taller than the highest outside wall of building, or twenty-five feet (25'), whichever is less. 1. Projection: SignE: may project two foot (2') into tho roquired yard area. 5.-'"umination: Illuminated but non flashing signs permittod. e,. 4. Size: a. The aggregate square footage of sign space per lot shall not exceed the sum of two (2) square feet per front foot of building. b. No single sign shall exceed two hundred (200) square feet. o c. No individual business signs shall be 59 arranged ~ as to create aR .Q..!!g integrated sign having ovor that exceeds two hundred (200) square feet in size. .~ C. ShoppinQ Center (SC} And NeiQhborhood Business (NB} Districts: 1. Type: Business identification, area identification institutional, temporary, any siQn exempted in section 12-16-4. 2. Style: Combination, f1ashinQ. freestanding, illuminated. pedest31, roof, wall. 3. Size: a. The aggregate square footage of sign space per lot shall not exceed the sum of three (3) square feet per front foot of building. b. No single sign shall exceed one hundred (100) square feet except n3mepbte (business identific3tion) area identification signs, which shall not exceed three hundred (300) square feet. 4. Height: Not over six feet (6') above No taller than the highest outside wall or parapet or twenty five feet (25'), whichever is less. , \ o 5. Projection: Signs m3Y project w:o foet (2') into the required Y3rd, except a n3mepl3te sign may be located in 3ny yard area but not within ten feet (10') of any street right of 'Nay line or within five feet (5') of any other lot line. 6. Illumination: Illuminated and flashing signs permitted. D. General Business (GB} Districts: 1. Type: Advertising, Business identification, area identification, institutional, temporary, any siQn exempted in section 12-16-4. 2. Style: Combination, flashinQ. freestanding, illuminated. pedestal, roof, wall. 3. Size: a. The aggregate square footage of sign space per lot shall not exceed the sum of four (4) square feet per front foot of building. b. No sign shall exceed two hundred fifty (250) square feet. except area identification siQns. which shall not exceed three hundred (300) square feet. F '\ U c. I'.dvertising sign area on vacant lots shall not exceed four (1) / '. .......J. .,C '\ '0 , ., , ) '----' square foet per foot of lot frontage. d. No ground or pedest31 sign more than twenty five feet (25') above average grade and no roof eign more than ten foet (10') above roof shall be allowed. 1. Projeotion: Signs may projeot two f.oet (2') into any required yard. 4. Heiqht: No sian shall be more than twenty five feet (25') above qrade. 5. Illumination: Illuminated and flashing eigne permitted. E. Industrial (I} Districts: 1. Type: Advertieing, Business identification, area identification. temporary, any siqn exempted in section 12-16-4. 2. Style: Combination, flashina. freestanding, illuminated. pedest3I, roof, wall. 3. Size: a. The aggregate square footage of sign space per lot shall not exceed the sum of four (4) square feet per front foot of building. b. No sign shall exceed three hundred (300) square feet. c. I\d'lertieing eign area on vacant lote shall not exoeed four (1) square foet per front foot of lot frontage. 4. Height: No sign shall be more than twenty-five feet (25') above grade. 5. Projection: Sign may project only 1\...0 foet (2') into required yard area. 6. Illumination: Illuminated signs permitted. 12-16-9: Signs Allowed By Conditional Use Permit: A. Permitted Signs: The following signs shall be allowed by conditional use permit ooly: 1. Marquees of any type, with or without signs. 2. Signs on benches (not in city parks), newsstands, cabstand signs, bus stop shelters and similar places. .r \ . , ~-' 3. .II. real est:lte sign for a residenti:ll project of five (5) acres or more may be allo.....ed, provided: a. Sign area is not over t\vo hundred (200) square feet in are:l. b. The eign ie loc:lted :It le:lst one hundred thirty foet (130') from :lny residentbl etructure. c. ^n agreement ie made to remove the eign within t\\'O (2) years unless an extension of time is gr:lnted by the governing body, :lfter approv:l1 of:l condition:ll use permit has been granted. 3. Real estate signs over thirty-two (32) square feet per lot frontage and exceeding other sign area limits in business and industrial areas. .^,d'.'ertising eigne in the gener:ll businees :lnd industri:ll districte r , '-.) a. The :lggreg:lte square foot:lge of cuch advertising sign space sh:lll not exceed the sum of four (1) square feet per front f-oot of building, plus one square foot per front foot of property not occupied by :l building; no developed lot eh:lll be permitted advertising sign space in excees of three hundred (300) equ:lre f-cet over th:lt permitted for business and identification eigns. b. On vacant lots, :ldvertising signs m:lY be permitted on the b:lsie of four (1) square feet per foot of lot frontage. c. Loc:ltion Ne:lr Reeidentbl Dietrict: No advertising sign sh:lll be located within eeventy five feet (75') of:l residentbl district. 6. I\rea identification signs may be :lllo'Ned, provided: a. The area for development ic l:lrger th:ln five (5) acres; b. One eign per development is allowed by condition:ll use permit. Addition:ll eigne chall be revie'Ned by the Andover review committee (:\RC) :lnd the pl:lnning :lnd zoning commission :lnd approved by the city council. c. The maximum equare foot:lge of the eign is thirty t\\'O (32) sqU:lrc foet in area. d. The sign is looated ten foet (10') from any property line. r " 4. Institutional signs in residential districts with an aggregate square '--./ footage exceeding thirty-two (32) square feet and/or more than one sign per lot frontage, provided: a. The sign is located ten feet (10') from any property line. b. The aggregate square footage of sign space shall not exceed one hundred (100) square feet. c. The sign shall be of the following styles: combination, freestanding, pedOf:t::lI, roof or wall. d. No more th::m one sign sh:lIl be 311o'Ned per lot front3ge unless 3pproved by city Counoil. &.- d. The sign shall be located at least one hundred thirty feet (130') from any residential structure. g,. .2:...Advertising signs when used in conjunction with fencing f-ar reoreational faoilities (b311 fields) Ballfield advertisinQ siQns that are not visible from adjacent residential property as viewed from ground level. B. Conditions Of Permit: The f-allowing criterb sh311 be used for issu3nce of a oondition31 use permit for any sign: '-,./ 1. Size: 3. The aggregate square f-aot3ge of suoh 3dvertising sign sp3ce sh311 not exoeed the sum of four (1) squ3re foet per front foot of building, plus one squ3re foot per front foot of property not ocoupied by 3 building; no developed lot sh311 be permitted 3dvertising sign sp30e in exoess of three hundred (300) squ3re foet over th3t permitted for business and identifioation signs. b. On vac3nt lots, advertising signs may be permitted on the b3sis of four (1) squ3re foet per foot of lot front3ge. 2. Looation Nem Residentbl Distriot: No advertising sign sh311 be looated within seventy five foet (75') of a residentbl district. 3. Tmffio H3z3rds: No sign shall be permitted th3t oonstitutes a h3z3rd to vehicular safoty. 1. Signs Th3t Blight The Area: No sign sh311 be permitted th3t m3Y tend to deprecbte ne3rby property v31ues, be a detriment to soenio or ple3s3nt views, or othel"Nise m3r the landsc3pe. I '\ \.J .~ 12-16-10: Temporary and Promotional Si~,"s: Signs ^lIo'Nod 'Nithout Condition:11 Uso Pormit: The following signs are :1l1o''\<od, permitted. subiect to the provisions of this chapter: without :1 condition:11 uso pormit: 1. R0:11 Est:1to Signs: R0:11 ost:1to (for ront, s:1lo or 10:1se) signs m:1Y be pl:1ced in any Y:1rd, providod: a. Such signs are not closer th::ln ten feet (10') to :1ny property lino. b. Such signs do not exceed a total of six (6) sqLJQre foet per lot frontage in residenti::11 are:1S and thirty t\...o (32) e:qu::lro foet on any other lot. A. Temporary Signs: Temporary signs shall be permitted in any district in any yard area; except, that: 1. Such sign shall not be within ten feet (10') of any street right of way or within five feet (5') of any other lot line. 2. There shall be no more than three (3) one (1) such signs per business. on any lot. ~ 3. The total area of such signs shall not exceed thirty-two (32) square feet. Non-institutional siqns in residential districts shall be limited in size as outlined in section 12-16-8-A-6 ofthis code. 4. A maximum of 30 days of temporary siqnaqe is permitted per business per year. B. Promotional Signs: The City Administrator or designee may approve signs or other devices that do not comply with the standards of this title when they are found to be in conformance with tAe public health, safety, and welfare., the purpose of '""hich is whon Such signs or devices are may be used to attract attention, directly rel:1ted to, and part of temporary outdoor special promotional events (grand openings, carnivals, craft shows, flea markets and other similar events). Such events shall not exceed ten (10) calendar days per year. Examples of the signage and devices that may be approved in this manner are spotlights, skytrackers, balloons, port::lble sign::lge, and similar devices. when such sign:1ge and devices ::lre f{)und by the city administrator or designee to bo in conformanco with the public hoalth, s::lfoty, ::lnd wolbro. J'.II roquestc f{)r approval by tho city ::ldministmtor or dosignoe rosponsi'/e to this subsoction H6 sh::lll bo m:1do with tho initial applic:1tion for a tomporary outdoor promotion::ll ovont ::lnd ::l fee in support of tho applic::ltion as sot forth by ordinance\ (Amended Ord. 8,10-21-1970; amd. 2003 Code) ~ 1 See subsection 1-7-3A of this code. ./ '\ \.J C. Temporary Real Estate SiQns- The City Administrator or designee may approve temporary. off-site real estate si~tns. I. Obsolete Signs: All eigne now or here::tfter existing which no longer ::tdvertiee or identify::t bona fide business conducted, a service rendered, or::l product sold sh::tll be t::tken down and removed by the owner, 3gent, or other person having the benefickll use of the building or structure upon 'Nhich the sign may be found 'Nithin ten (10) d::tys after written notice from the city. 12-16-11: Inspections: Upon proper presentation of credentials, the Building Official or his duly authorized representatives may enter at reasonable times any building, land or structure in the city to inspect or re-inspect any signs. (Amended Ord. 8, 10-21-1970) Adopted by the City Council of the City of Andover this _ day of ,2006. CITY OF ANDOVER Attest: Michael R. Gamache - Mayor o Victoria V olk - City Clerk o , '\ '0 (.J o CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA ORDINANCE NO. AN ORDINANCE AMENDING CITY CODE TITLE 12 DEALING WITH SIGNS STATURORY AUTHORIZATION AND POLICY Statutory Authorization This Ordinance is adopted pursuant to the authorization and policies contained in Minnesota Statute 462. Policy The purpose of this Ordinance is to update and modernize the regulations and performance standards for signs, remove conflicting and confusing language, and make the sign code easier to understand. GENERAL PROVISIONS AND DEFINITIONS Jurisdiction The provisions of this Ordinance shall apply to the City of Andover. Enforcement The City Administrator or his/her designee shall have the authority to enforce the provisions of this Ordinance. Interpretation Interpretation of the provisions of this Ordinance shall be held to be the minimum requirements and shall be liberally construed in the favor of the governing body. A printed copy of this Ordinance is available for inspection by any person during regular hours of the City Clerk. Adopted by the City Council of the City of Andover this _ day of ,2006. Attest: CITY OF ANDOVER Michael R. Gamache - Mayor Victoria Volk - City Clerk ... " ) , \ '.-..J .~ @ 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (763) 755-5100 FAX (763) 755-8923 . WWW.CJ.ANDOVER.MN.US TO: Mayor and Council Members FROM: Jim Dickinson, City Administrator SUBJECT: Schedule EDA meeting DATE: April 18, 2006 INTRODUCTION The Council is requested to schedule an Economic Development Authority (EDA) meeting at 6:00 pm before the May 2, 2006 City Council meeting. DISCUSSION Tentative agenda items for an EDA meeting have been identified as follows: 1. Update on Economic Development Activities 2. Anoka County Partners Presentation - David Piggott 3. Letter of Intent - Presentation/Review 4. Purchase Agreement Review/Approval 5. Other Business Other items may be added upon request, or the meeting will be cancelled if no new information comes forward on the identified agenda items ACTION REOUIRED Schedule an EDA meeting at 6:00 pm before the May 2, 2006 City Council meeting. ",_J ~NDbVE~ @ , , 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304. (763) 755-5100 FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US TO: Mayor and Council Members FROM: Jim Dickinson, City Administrator SUBJECT: Schedule May Council Workshop DATE: April 18, 2006 INTRODUCTION The Council is requested to schedule a Special Council Workshop for the month of May for a number of miscellaneous business items. DISCUSSION , .. Potential agenda items for a May workshop have been identified as follows: , \. _/ 1. Continued Discussion - Special Assessment Policy 2. Continued Discussion - Community Survey 3. Continued Discussion - Transportation Funding 4. Update on 2007 Budget and 2007-2011 CIP Guidelines 5. Other Business Other items may be added upon request. ACTION REOUIRED Schedule a Council Workshop, a suggested date is Tuesday May 23rd or another date acceptable to the Council. The starting time of either 6:00 pm or 7:00 pm should be identified. , , ; 1 ,--) f .' '. '-.,,' J (fD CITY OF NDOVE 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (763) 755-5100 FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US TO: Mayor and Councilmembers FROM: Jim Dickinson, City Administrator SUBJECT: Administrator's Report DATE: April 18, 2006 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: j 1. Administration & City Department Activities 2. Update on Development Activity 3. Update on Public Improvement Projects 4. Community Survey Progress Update 5. Legislative Topics 6. Meeting Reminders 7. Miscellaneous Projects 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. CJ~\'~ DATE April 18, 2006 ITEMS GIVEN TO THE CITY COUNCIL ~ March 2006 Monthly Building Report ~ Final Plat/Kensington Estates 7'h Addition PLEASE ADDRESS THESE ITEMS AT THIS MEETING OR PUT TI1EM ON THE NEXT AGENDA. THANK YOU. G:ISTAFF\RHONDAAIAGENDAICC L1ST.doc CITY OF ANDOVER 2006 MonthIv Building Report I I I I TO: Mayor and City Council FROM: Don Olson MARCH BUILDING PERMITS PermitJPlan Tax Total Valuation 18 Residential S 34,752.14 S 1,335.66 S 36,087.80 S 2,671,320.00 Single Family 14 27,039.58 1,023.66 28,063.24 2,047,320.00 Septic 2 4,850.18 185.00 5,035.18 370,000.00 Townhome 2 2,862.38 127.00 2,989.38 254,000.00 1 Additions 845.54 18.50 864.04 37,000.00 3 Garages 1,291.37 23.95 1,315.32 47,900.00 7 Basement Finishes 700.00 3.50 703.50 . . Commercial Building - - - - - Pole BldgsIBams - - - - - Sheds I . - - - - Swimming Pools - - - - - Chimney/StovelFireplace - - - - 2 StIUctural Changes 1,033.81 29.67 1,063.48 59,350.00 2 Porches 840.67 15.25 855.92 30,500.00 5 Decks 399.75 4.40 404.15 8,800.00 - Gazebos - - - - . Repair Fire Damage - - - - 122 Re-Roof 6,350.00 61.00 6,411.00 - 71 Siding 3,550.00 35.50 3,585.50 - I Other 23.50 0.50 24.00 350.00 - Commercial Plumbing - - - - - Commercial Heating - - - - I Commercial Fire Sprinkler 25.00 0.86 25.86 1,720.00 . Commercial Utilities - . - . - Commercial Grading - - - - 233 Total Building Pennits S 49,811.78 S 1,528.79 S 51,340.57 S 2,856,940.00 PERMITS PermitJPlan Tax Total Fee. Collected 233 Building Pennits S 49,811.78 S 1,528.79 S 51,340.57 - Ag Building - - - - Curb Cut . - - . 2 Demolition 200,00 - 200.00 - Fire Pennits . - - - Footing - - - - Renewal - - - - Moving - - - 54 Heating 2,940.00 27.00 2,967.00 34 Gas Fireplaces 1,800.00 17.00 1,817.00 42 Plumbing 3,070.00 21.00 3,091.00 76 Pumping 1,140.00 - 1,140.00 2 Septic New 100,00 1.00 101.00 1 Septic Repair 50.00 0.50 50.50 16 Sewer Hook-Up 400.00 - 400.00 16 Water Meter 800.00 - 800.00 - Sewer Change Over/Repair - - - - Water Change Over - - . 16 Sac Retainage Fee 248.00 - 248.00 16 Sewer Admin. Fee 240.00 - 240.00 18 Certif:cate tlf OcC\&pa.I:cy 180.00 - 180.00 -~ 18 [jcense Verification Fee 90.00 . 90,00 - Reinspection Fee - - - 11 Contractor license 2,750.00 - 2,750.00 - Rental [jcense I - - - - Health Authority - - - - TOTALS S 63,819.78 S 1,595.29 S 65,415.07 Total Number of Hom.. YTD 2006 43 Total Number of Home. YTD 2005 31 Total Valuation YTD I 2006 S 7,740,461.00 Total Valuation YTD I 2005 S 6,928,655.00 Total Building Department Revenue YTD 2006 S 159,215.97 Total Building Denartment Revenue YTD 2005 S 132,746.18